Joey Gilbert’s election contest lawsuit dismissed by judge

By Taylor R. Avery Las Vegas Review-Journal

2 years ago

FILE - Joey Gilbert waits before a Republican primary debate for Nevada governor Wednesday, May ... — FILE – Joey Gilbert waits before a Republican primary debate for Nevada governor Wednesday, May 25, 2022, in Las Vegas. Gilbert who lost this month’s Republican primary election by just over 11 percentage points, or nearly 26,000 votes, will pay $190,960 for a statewide recount after he objected to the outcome by making numerous unproven claims about the election process, election officials said Wednesday, June 29, 2022. The Reno attorney had 26.7% of the vote on June 14, trailing Clark County Sheriff Joe Lombardo, who won 38.4% in a crowded primary field for the Republican governor nomination on June 14. Gilbert has not conceded. (AP Photo/John Locher, Pool, File)

RENO — A Carson City District Court judge on Wednesday dismissed Reno attorney Joey Gilbert’s lawsuit contesting June’s primary election results after finding a “clear absence” of evidence to support his claims of mathematical issues with the results.

District Judge James Wilson granted a motion for summary judgment, dismissing the case ahead of a Friday scheduled hearing on the matter. The case was dismissed with prejudice, which means it cannot be refiled.

The lawsuit, which was filed by Gilbert on July 15, contested Clark County Sheriff Joe Lombardo’s primary election win by alleging the results were incorrect due to a “mathematical issue.”

“Based on a geometric and mathematical analysis of the votes as counted and announced by the Counties in Nevada, Contestant Joey Gilbert disputes this alleged result,” the lawsuit said. “Mr. Gilbert accepts the votes as counted. However, he will prove that the result as announced is a mathematical impossibility.”

A large portion of the lawsuit is based on mathematical formulas prepared by Edward Solomon, who was later determined to be unqualified to be an expert in front of the court. Gilbert’s lawyers didn’t call him as a witness, a move, combined with Solomon’s status as a “non-expert,” voided his findings as “inadmissible hearsay,” according to the judge’s ruling.

“Mr. Gilbert cannot demonstrate there is evidence sufficient to raise reasonable doubt as to the outcome of the election. Nor is there any competent evidence that the election board or any member thereof was guilty of malfeasance,” the judge’s ruling said.

Gov. Steve Sisolak and Secretary of State Barbara Cegavake, among other state government officials, were originally named in the lawsuit but were later dropped.

The lawsuit was filed after Gilbert requested a statewide recount of the vote, which confirmed Lombardo’s victory. Gilbert lost the primary election to Clark County Sheriff Joe Lombardo 38.4 percent to 27 percent, a difference of 26,000 votes statewide.

Gilbert campaign consultant Paul White said Wednesday that the fight was not over.

“We feel we have absolute conclusive evidence. The fight continues to find a judge that has the courage to say there’s evidence beyond question that it was rigged,” said White. “We’re going to move forward legally in any possible way.”

The ruling can be appealed to the Nevada Supreme Court.

Contact Taylor R. Avery at TAvery@reviewjournal.com. Follow @travery98 on Twitter.

Gilbert v. Sisolak by Steve Sebelius on Scribd

Gilbert v. Sisolak ORDER by Steve Sebelius on Scribd