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Nevada county reverses controversial vote and certifies two recounts while legal action looms

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Nevada county reverses controversial vote and certifies two recounts while legal action looms


RENO, Nev. (AP) — Commissioners in Nevada’s second most populous county certified the results of two local recounts on Tuesday, reversing course on a controversial vote against certification that spurred legal action and put Washoe County in unchartered legal territory.

The 4-1 decision overturns last week’s vote against certifying election recount results from June’s primary in the politically mixed swath of northern Nevada, which includes Reno. The rare move had potential implications for how the November elections could play out in one of the nation’s most important swing counties.

Nevada Secretary of State Cisco Aguilar and Attorney General Aaron Ford are still waiting for the state Supreme Court to address a petition they filed last week that seeks to confirm the legal obligations of county commissioners to certify election results. While it is unclear if or when the court will take that up, a ruling could set precedent and apply to county commissions statewide who refuse to certify results in November.

Aguilar had said that the circumstances of last week’s vote could set “a dangerous precedent” that undermines the confidence of voters.

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Moments before Tuesday’s redo of the vote, the county’s chief deputy district attorney, Mary Kandaras, recommended that the commissioners certify the vote to follow state law.

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.

But on Tuesday, 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.

“I’m not going to call it a vote, because it isn’t a vote,” he said before voting in favor of certifying the recounts. “We’re compelled and we have to.”

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Republican Commissioner Clara Andriola, who the far-right movement had targeted in the primaries, also reversed course on Tuesday. She has often been the swing vote in election votes – rejecting the label of election denier and thanking the county elections department, while alleging that several “hiccups” in the process called for more governmental bodies to look at county elections processes.

On Tuesday, Andriola said that she has more recently met with the county’s interim registrar of voters, who gave her more confidence in how elections are run in Washoe County. She also spoke with the county district attorney’s office, who she said made it clear that the commission’s duty is to certify election results without discretion.

“Our responsibility is to follow the law,” Andriola said.

The local far-right movement has been on full display at commission meetings, where conspiracy theories about voting machines and distrust of election administrators have become a mainstay during the commission’s public comment sections and have led to harassment and high turnover in the local election office the past four years.

Amidst the rapid election staff turnover, the county elections department has also made certain administrative mistakes, like sending mail ballots to voters who had opted out of receiving them and misprinting certain local sample ballots, though none that affect tabulation.

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On Tuesday, most commenters urged the commissioners to not certify the results. Some repeated false claims of stolen elections, broken machines and a “cabal” within the county that undermines elections. Others called for a hand recount or a complete redo of the election.

One commenter printed out pictures of city and county employees that she accused of corruption. Several times, commission chair Alexis Hill threatened to go into a recess when public comments were interrupted or delved into calling out individuals, rather than the board itself. A few commenters had urged commissioners to certify the vote.

“Stand your ground, stay the course. You showed backbone last week. Don’t lose it now,” said Bruce Parks, the chairman of the Washoe GOP that falsely alleged Joe Biden did not win the 2020 election.



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Nevada

Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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