Judge tosses legal challenge to Nevada's November general election

Judge tosses legal challenge to Nevada's November general election
An election sign outside the Fallon Convention Center on Nov. 3, 2020. Image: Ty O'Neil / This Is Reno

CARSON CITY – A lawsuit to scrap Nevada’s Nov. 3 election results and hold a new election was thrown out Friday after Clark County District Court Judge Gloria Sturman ruled the plaintiffs failed to show a likelihood of success on the merits of the case. 

The suit is one of several seeking to overturn the results of the general election and another in a series challenging the constitutionality of Assembly Bill 4 and the validity of Nevada’s election results. AB4, passed by the Nevada Legislature during a special legislative session in July, allowed for mail-in ballots to be sent to every active registered voter in Nevada and create options for Nevadans to vote in a manner consistent with public health concerns. 

“An attempt to throw out the entire election and the legal votes of hundreds of thousands of Nevadans without legal justification undermines our election process and our democracy,” said Nevada Attorney General Aaron D. Ford, who celebrated the ruling. 

Former state Assembly member Sharron Angle and the Election Integrity Project filed the suit asking for an emergency injunction to prevent Nevada’s Secretary of State Barbara Cegavske from certifying the results of the Nov. 3 election, enjoin the presidential electors from casting their votes for President on Dec. 12, 2020, and prevent any Nevada candidate from taking office.

Attorney General Ford’s office said the plaintiffs’ request would disenfranchise Nevada’s voters.

“Assembly Bill 4 was enacted because of the coronavirus pandemic and proved to be successful in allowing thousands of citizens to vote and limit their potential exposure to the virus,” said Ford. “All evidence shows that Nevada’s election was fair, safe and secure, and time and again, the Court has agreed. Nevadans voted and chose their president-elect. It’s time to move on.”  

The plaintiffs filed a similar lawsuit on Sept. 4, 2020, to prevent the election from taking place under Assembly Bill 4. That suit failed at both the District Court level and the Nevada Supreme Court. Efforts by Nevada’s Republican Party and the Trump 2020 Victory Campaign to halt ballot processing also failed.