The Nevada Supreme Court declined to issue a ruling on Tuesday over a controversy involving Washoe County’s refusal to certify recount results from the June primary, despite calls from top state officials.
Secretary of State Cisco Aguilar and Attorney General Aaron Ford had urged the court to clarify that counties have no legal authority to refuse election certification.
In its decision, the court deemed the issue moot after the Washoe County Commission reversed its initial 3-2 vote against certification and subsequently certified the results the following week. While the justices dismissed the request to declare the commission’s actions illegal, they emphasized their power to intervene in the future, warning that they may act swiftly if the situation arises again.
“As petitioner argues, even when an issue becomes moot, we may still consider the issue if it constitutes ‘a matter of widespread importance capable of repetition,’” the court noted in its ruling.
Aguilar and Ford had raised concerns that the commission might refuse to certify results from the November general election. The court acknowledged the significance of the issue but stated there was no persuasive evidence that such a refusal would occur again.
Election certification has become increasingly contentious since the 2020 election. In 2022, New Mexico faced a similar standoff when a rural county delayed certification after its primary, only relenting when the state’s secretary of state appealed to the supreme court.
Aguilar and Ford argued that Nevada law mandates county commissions to canvass and certify election results, including recounts, by specific deadlines. They maintained that commissioners have no legal discretion to refuse certification, a stance they say could be critical in Washoe County—a key swing region that includes Reno and Sparks.
The dispute centered on Republican Washoe County commissioners Jeanne Herman and Mike Clark, who consistently voted against certification. Initially, Republican Clara Andriola joined them, voting against certifying a primary race she had won. However, after consulting with the county district attorney’s office, Andriola reversed her vote, acknowledging the commission’s “legal obligation” to certify results.
