Statement on Reversal In Washoe County As Board Certifies Results Following Members' Initial Refusal

In Nevada, the AP reports that the Washoe County Board of County Commissioners reversed their unprecedented 3-2 decision to not certify the results of two June primary recounts and fulfilled their duty to certify the two local recounts. In response, Informing Democracy Election Law Counsel Quemars Ahmed shared this statement:

“There is no place for politics in election administration. After a majority of Washoe County Commissioners sided with election deniers last week who wrongly claimed the results were fraudulent and refused to certify them, the board overturned their controversial vote after their duty was made clear and reiterated to be ministerial. As both the Secretary of State and Attorney General noted, the Board of County Commissioners have a duty to follow the law—and this statutory obligation to certify election results is not up for debate.

“The commissioner who failed to do their duty has betrayed the trust of the people who elected them and shown their contempt for the rule of law. Other election deniers in the state should take note: the voters decide who wins elections, and officials who refuse to do their jobs will be held accountable.”

Additional Background:

In July 2024, three members of the Washoe County Commission voted against certifying the results of a recount. Two members of Washoe County’s Board of Commissioners had previously voted against certifying elections in the county, including most recently for the June 2024 election.

Certification is non-discretionary in Nevada. Nevada statute states that once the County Clerk presents the abstract of the votes to the County Board of Commissioners, they “shall” cause it to be certified. Nev. Rev. Stat. § 293.387(3). This language indicates that County Boards of Commissioners have no discretion in canvassing and certifying elections and must vote to certify the election no later than 10 days following the election. Nev. Rev. Stat. § 293.387(1).

Had the county voted to not certify the election, the Attorney General and Secretary of State were prepared to file for an emergency petition and a court would be likely to compel the County Board of Commissioners to perform its duty. The Washoe County Board of Commissioners ultimately changed course without intervention from the court. Upon additional guidance from the District Attorney’s office, two of its members realized they did not have discretion or legal standing to vote against and so the County Board of Commissioners voted to certify in a second meeting on July 16, 2024.

The swift action by Nevada’s Secretary of State and Attorney General highlights the necessity for commissioners to follow state election laws this November and not listen to the loudest voices in the room claiming every election lost is fraudulent.