Nevada SOS, attorney general, ask state Supreme Court to hear election certification case

"The Supreme Court must take up this issue and confirm the obligation of county commissioners to certify the votes of their constituents," Secretary of State Francisco Aguilar said.

Published: August 5, 2024 2:12pm

The Nevada secretary of state and attorney general have asked the state Supreme Court to hear its election certification case against the Washoe County Board of Commissioners, after the county delayed certification of the June primary election.

The two Democratic state officials filed the motion on Thursday with the state Supreme Court, arguing that the case should not be dismissed, despite the certification of the primary election, reported the local NBC News outlet. The pair hope to secure a ruling from the bench "clarifying county commissioners’ canvassing duties."

Washoe County commissioners initially didn't certify two recount elections from the June 11 primary election, but then reversed their decision a week later. One of the Republican commissioners said he changed his vote and certified the election “under extreme duress under the threat of both my position, and prosecution.”

Secretary of State Francisco Aguilar said in a statement on Friday, “While the Washoe County Board of Commissioners corrected their failure to canvass the recounted elections, their initial vote sent a dangerous message. The Supreme Court must take up this issue and confirm the obligation of county commissioners to certify the votes of their constituents. We must have a legal precedent affirming that the canvass of the vote is ministerial and that no elected official can deny the results of a legitimate election.”

Attorney General Aaron Ford also said Friday, “Yesterday, my office filed a brief with the Nevada Supreme Court explaining why our case against the Washoe County Board of Commissioners for initially refusing to certify the June 2024 primary election recount results is not moot,” according to a local ABC News outlet.

“Although the Board eventually canvassed the recount results, we have asked the Court not to dismiss our case to provide clear guidance on this important issue," Ford continued. "It is vital that the Court to make a ruling confirming the legal obligation of county commissioners to canvass and certify election results. Otherwise, we run the risk of further voter disenfranchisement and the destabilization of Nevada and federal elections."

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