AG Ford and SOS Aguilar respond to Washoe County Commission Rejecting the Certification of Primary Recounts

This article has been updated to include comments from Washoe County Commissioners Jeanne Herman and Mike Clark. 

Last night, Nevada Secretary of State Francisco Aguilar and Nevada Attorney General Aaron Ford issued a joint statement after three Washoe County Commissioners failed to canvass the recount of two vote totals for the June Primary Election:

“This week, three county commissioners refused to canvass accurate election results as required by law. This vote has the potential to set a dangerous precedent for elections in Nevada. It is unacceptable that any public officer would undermine the confidence of their voters,” said Secretary Aguilar.

“When the Board of Commissioners failed to perform its duty to certify the authenticated results of the recount, it failed to meet the expectation of Nevada voters that the election results would reflect the votes of the majority,” said AG Ford.

As Attorney General and Secretary of State, and out of our duty to the rule of law in Nevada, we are calling on the courts to confirm the legal obligations of county commissioners and require the entire Washoe Board of County Commissioners to canvass and certify the accurate, recounted election results, the statement notes.

“Voters must have confidence in their democracy, that every eligible voter can cast their ballot and have it counted with equal weight and due process. Nevada runs some of the most secure, accessible, and transparent elections in the country. This is true in every county and for every election,” said Secretary Aguilar.

Secretary Aguilar continued, “The Washoe County Registrar’s Office, and countless other election officials, worked long days and nights to meet all of their legal obligations. The Nevadans who took the time out of their lives to fulfill their civic duty and vote in these June Primaries deserve finality in this election and the assurance that their voices were heard. These Commissioners have failed to do their part in this process under law. The importance of this issue cannot be overstated. This law is nonpartisan, and this response is about something far more serious than any political stance or office: the democratic process itself. We remain committed to ensuring fairness in every electoral process in Nevada—from the time the first ballot is cast until all results are certified.”

AG Ford added, “In our democracy, everyone must do their part to safeguard the fairness and accuracy of our elections, which is why today my office, on behalf of Secretary Aguilar, filed a Petition for Writ of Mandamus with the Nevada Supreme Court after the Board of Commissioners refused to certify the accurate results of the candidate-requested recounts. I take serious the role of the Attorney General’s Office to defend Nevada’s elections against anyone who might try to delegitimize accurate election results or undermine acount of the people, and I will never hesitate to join the Secretary of State in protecting Nevada’s elections.”

Although SOS Aguilar continues to repeat, without substantiation, that Nevada “runs the most secure, accessible, and transparent elections in the country,” there are many Nevadans who disagree with his assessment– including the three elected Washoe County Commissioners who voted against the certification of the two primary recounts.

Commissioner Clara Andriola voted “no” on the certification due to “mishaps” that have occurred in elections and the filed  election integrity violation reports in need of investigation.

Prior to her vote, Andriola stated, “Given the fact that it’s not the first time that we’ve heard a lot of concerns of procedures, a lot of concerns of alleged mishaps, I think have been a term that’s been used a lot or hiccups … I am not going to certify the vote. I believe that it warrants further investigation.”

Referencing recent election violation reports filed within the county, Andriola added, “I’m not an election denier. It’s really to look at the investigative part of the allegations, that in this case, what has formally been filed and I don’t know how many others have formally been filed.”

Prior to the release of Aguilar and Ford’s statement, Andriola signaled that she would like to reconsider her vote at the next commission meeting scheduled for Tuesday, July 16.

Commissioner Jeanne Herman, who voted against the certification, told The Globe, “The canvass is our examination of the facts and that is what we have to decide on. We consulted legal counsel prior to our vote and we were advised that we could vote based on our discretion. Our vote is our judgement and I will not be changing my vote at next Tuesday’s meeting.”

Commisioner Mike Clark, who also voted against the certification, told The Globe:

“If these are the subsequent actions by the Attorney General and Secretary of State, then why didn’t the county Registrar just turn the results directly into the Secretary of State? Why do I have to certify it as an elected commissioner if my vote, or the majority’s vote, is going to be challenged by the state? 

I have no idea if the recount was conducted properly. I am not sitting on the medical board judging what doctors do. I am not sitting on the bar judging what lawyers do. But what I do know is that when the citizens are not happy with the process or outcome, then I am not happy and it is my job to listen to them and use my discretion.

Nearly 80 percent of voters sat this election out, which demonstrates they do not trust the election process.

The majority in the legislature, and their colleagues in the executive, reportedly want to make it easier for people to vote. But, they have mucked it up to the point where only 20 percent of the people voted in the primary.

Now, the canvass was put at the end of next Tuesday’s meeting and Chairwoman Hill did that on purpose so that the people who want their opinions heard may not have the time to sit in the county chambers all day long. 

I have reviewed the NV election statute, and based on conversations with many who have also reviewed the statute, we cannot find the word ‘shall’ anywhere in the related language, which would then require me to blindly accept any and all election results without question.

Rubber-stamping elections is not “saving our democracy.” 

Clara is trying to unring the bell. Good luck with that. She may have just committed political suicide. Every vote she has from now until the end of her time will be tainted by her anticipated flip-flop on this certification. How can the public trust her decision making? We are asking to have the public show up on Tuesday, again, and make their voices heard.”

We have reached out to Commissioner Andriola for comment and will publish her response when and if received.

The Globe will continue to provide updates to this developing story.