Nevada seeks to confirm elections obligations of county commissions

In July, the Washoe County Commission, which oversees Nevada’s second most populous county, certified the results of two local recounts after voting previously against certification and spurring legal action.

Secretary of State Cisco Aguilar and Attorney General Aaron Ford got involved in July, filing a petition that sought to confirm the legal obligations of county commissioners to certify election results. If the court decides to take up the case, a ruling could set precedent and apply to elected officials who might refuse to certify election results in November.

Ford and Aguilar say that although the commission corrected itself in certifying the results, their original argument is not moot.

“While the Washoe County Board of Commissioners corrected their failure to canvass the recounted elections, their initial vote sent a dangerous message,” Aguilar said in a statement Friday. “The Supreme Court must take up this issue and confirm the obligation of county commissioners to certify the votes of their constituents.”

Aguilar said there needs to be a legal precedent affirming that no elected official can deny the results of a legitimate election and that the canvass of the vote is a “ministerial” act that is defined by the Legal Information Institute as a procedural action undertaken without regard to an official’s judgment or discretion.

“It is vital that the Court to make a ruling confirming the legal obligation of county commissioners to canvass and certify election results,” Ford said in a statement. “Otherwise, we run the risk of further voter disenfranchisement and the destabilization of Nevada and federal elections.”

Contact Jessica Hill at jehill@reviewjournal.com. Follow @jess_hillyeah on X.