Nevada officials urge state supreme court to rule on Washoe election certification case

Two of Nevada's top office holders have filed a motion urging the state's high court to hear their case on election certification.

Secretary of State Cisco Aguilar and Attorney General Aaron Ford, both Democrats, filed a brief asking the Nevada Supreme Court to confirm the legal obligations of county commissioners and hear the petition filed by both offices following Washoe County commissioners failure to certify two recount elections from the June primary.

"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,” said Secretary of State Francisco Aguilar. “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.”

“I’m grateful to our partners in the Attorney General’s Office for their commitment to our democracy and dedication to upholding the integrity of our elections."

After voting against certifying the results in an unprecedented move, the county commission ended up reversing course and certified the results a week later.

Aguilar had said that the circumstances of not certifying the vote could set “a dangerous precedent” that undermines the confidence of voters.

Once seen as a mundane and ministerial task, election certification has become a pressure point since the 2020 election. During the midterms two years later, a scenario similar to what is unfolding in Washoe County played out in New Mexico after that state’s primary, when a rural county delayed certification of the results and relented only after the secretary of state appealed to the state’s supreme court.

Two Republican Washoe County commissioners, Jeanne Herman and Mike Clark, have consistently voted against certifying results and are supported by the wider far-right movement within the county that promotes election conspiracy theories.

Clark and commissioner Clara Andriola eventually changed their minds and ended up voting to certify the vote. Commissioner Herman was the lone no-vote.

During the reversal,Clark apologized to his constituents before changing his vote in favor of certification. He said he made the vote after being advised that the commission’s certification is not discretionary. He said his vote came “under extreme duress under the threat of both my position, and prosecution.” Throughout the meeting, he doubled down on his mistrust of the county’s election tallies.

You can read Aguilar and Ford's full brief to the Nevada Supreme Court below:

The Associated Press contributed to this report.