Washoe County Commission Reverses Course, Certifies Primary Recounts

In a 4-1 vote, and after hours of public comment, the Washoe County Commission reversed course and certified two recounts in June’s primary election. Commissioner Jeanne Herman was the sole dissenting vote and the only commissioner who did not change their vote from last week’s meeting that resulted in a 3-2 vote to not certify. Prior to her vote, Commissioner Herman said, “There is no appetite to make our elections safe and honest.”

Commissioner’s Clara Andriola and Mike Clark voted to certify the results, however, Commissioner Clark noted that his decision was made under “extreme duress”

Prior to his vote, Clark apologized to his constituents in District 2, stating, “It is with a heavy heart that I change my vote. I am not going to call it a vote. We are compelled to vote on this. The commission’s vote in this matter is mandatory. My hands are tied to what I can and cannot do as a commissioner. According to the District Attorney, I could be subject to criminal prosecution and forfeiture of office…No explanation was provided why some candidates lost votes during the recount…I personally believe recounts should be hand counted. I call on the legislature and elected state officials to devise an election process that people can trust…I am forced to vote to certify this election today. There is nothing in the statute that allows a commissioner to question the results. But, my hands are tied in respect to what I can and cannot do as a commissioner…There is nothing in the statute that allows a commissioner to question the results. The law prevents me from voting my conscience.”

Commisioner Andriola, after speaking with the Interim Registrar of Voters (ROV) Cari Ann Burgess, expressed more confidence in how elections are run in Washoe County and was provided clarifying direction by Washoe County District Attorney Christopher Hicks that the canvass is ministerial only. “Our duty is mandatory..It is my understanding that canvassing elections, as defined in statute, is a legal duty and affords no discretionary provision to refuse,” Andriola said, adding, “We must restore faith and confidence in elections.”

The commission’s failure to initially certify the recounts prompted the Secretary of State Cisco Aguilar and Attorney General Aaron Ford to file a Writ of Mandamus with the Nevada Supreme Court. “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 at the time of filing.

At yesterday’s meeting and in response to Aguilar, Clark laid the blame of undermining the confidence of voters on County Manager Eric Brown who has the sole authority and budget to fix the numerous election issues and processes uncovered in a 2023 audit which found election processes “error prone and confusing.”

“If anyone is undermining the trust of the public, it is the person in charge…this bickering is a sign of a lack of leadership,” Clark said. He then recalled that it was Brown who told the press that the ROV office needed to be “taken down to the studs” after the concerning audit.

“If the Registrar of Voters should be torn down to the studs, what does that mean to the voters when the person with the authority to fix it says something like that?…It’s just unfortunate that we have one group of folks that trust the system and one group that doesn’t…The Secretary of State needs to understand that the people here are unhappy. I hope the legislative branch listens and figures this out…Let’s restore the trust. Let’s figure this out and fix it,” Clark stated.