What happens if local officials don't want to certify the election? A case in Nevada could be a model

RENO, Nev. — More than two dozen local officials across the country have refused to certify federal elections in recent years and most remain in office, according to the watchdog group Citizens for Responsibility and Ethics in Washington. This has raised concerns that some of them might do it again, casting doubt on the results of the 2024 election and – possibly – chaos.

But many election experts say officials in swing states are ready to halt efforts to deny certification. To illustrate, they cite a recent example in northern Nevada.

Washoe County is home to approximately half a million people and borders Lake Tahoe. The county seat, Reno, calls itself “The Biggest Little City in the World” and is surrounded by snow-capped mountains this time of year. In July, Washoe County commissioners voted 3-2 against certifying the recounts of two primary election results.

Reno is the seat of Washoe County in Nevada, home to approximately half a million people. No one here could remember local officials refusing certification in Nevada before this summer, when county commissioners voted 3-2 against certifying the primary election results.

No one here could recall local officials previously denying certification in Nevada. According to the Nevada Secretary of State’s office, certifying elections is simply an administrative duty, with no discretionary power over how to vote. Any concerns about the election results can be taken to court.

But several Washoe commissioners said they had concerns about the way the election was handled.

“I’m not going to co-sign on this,” Commissioner Mike Clark, a Republican, said at a public meeting at the time. “I’m not going to say how great it was because I don’t believe it.”

Members of the public, many of whom were election deniers, also attended the meeting and alleged there was a conspiracy.

“Our elections have been hijacked by someone or something,” he said Robert Beadsan election denier who has given more than $800,000 to GOP candidates over the past two years. “You cannot certify this recount.”

Despite all the concerns about the accuracy of the Washoe primary, the narrate found a difference of only two votes in the two races.

Democrat Cisco Aguilar, Nevada’s secretary of state, said he was shocked that commissioners declined to certify but were prepared. He told NPR that he filed legal documents and then only filled in the details of the case.“I call it our ‘Mad Libs,'” Aguilar said.

Nevada Attorney General Aaron Ford has filed suit against the three commissioners who voted against certification. A week later, at a meeting of the commissioners, Clark and fellow Commissioner Clara Andriola changed their vote to certify the election. “I have been told that failure to vote to certify this election could subject me to criminal charges and loss of office,” Clark said at the meeting. “As such, my vote today is being cast under extreme duress.”

During a recent interview at the Reno Elks Lodge, Clark told NPR that he is not an election denier, but does have genuine concerns about the way elections are administered in the county and the high turnover at the registrar’s office, including the recent ouster of the woman. who ran it.

Washoe County Commissioner Mike Clark changed his vote to certify the primary election results a week after the commission was sued by Nevada's attorney general. “I have been told that if I do not vote to certify this election, I could face criminal charges and be forfeited of my office,” Clark said at a public meeting. “As such, my vote today is being cast under extreme duress.” — Washoe County Commissioner Mike Clark changed his vote to certify the primary election results a week after the commission was sued by Nevada’s attorney general. “I have been told that if I do not vote to certify this election, I could face criminal charges and be forfeited of my office,” Clark said at a public meeting. “As such, my vote today is being cast under extreme duress.”

A new centralized voter registration system in Nevada faces its first real test this election, and state officials have acknowledged the past problemssuch as assigning some voters to the wrong constituencies and wrongly labeling others as inactive.

Clark might have been irritated by the attorney general’s lawsuit, but Washoe County Board of Commissioners Chairman Alexis Hill welcomed it. Hill is a Democrat who voted for certification.

“This is probably the only time I’m happy that the county commission has been sued by the AG’s office,” Hill said. “It was embarrassing, but it was good. It had to happen because we have to follow the rule of law and I feel like that is disappearing sometimes.”

Alexis Hill, chair of the Washoe County Board of Commissioners, is a Democrat who voted to certify the election. She said the Nevada attorney general's lawsuit "was embarrassing, but it was good." — Alexis Hill, chair of the Washoe County Board of Commissioners, is a Democrat who voted to certify the election. She said the Nevada attorney general’s lawsuit was “embarrassing, but good.”

Nikhel Sus, deputy chief counsel at Citizens for Responsibility and Ethics in Washington, sees the Washoe case as an encouraging sign for the nation as the 2024 elections end today. He said this shows that attorneys general have the will and resources to ensure certification.

“It is something that must be brought to the attention of the voters because the confidence of the voters must not be eroded,” Sus said. “These efforts (to not certify) will not work. They haven’t worked historically, and they won’t work this time either.”

Nikhel Sus, deputy chief counsel for the watchdog group Citizens for Responsibility and Ethics in Washington, says efforts to prevent election certification "haven't worked historically and won't work this time." — Nikhel Sus, deputy chief counsel for the watchdog group Citizens for Responsibility and Ethics in Washington, said efforts to prevent election certification “haven’t worked historically and they won’t work this time either.”

Clark and Andriola have both said they will vote to certify this election in Washoe, meaning it should easily pass committee. But that doesn’t mean everything is expected to go smoothly here.

State Sen. Skip Daly, a Democrat who represents part of Washoe County, said he is confident people will challenge the results in court.

“Will this result in some lawsuits that I think will ultimately be dismissed?” Daly said. “Absolute!”

Hill, Washoe County Board Chairman, is also concerned that political violence could occur on Election Day.

“The governor has placed the National Guard on standby to assist with the local sheriff’s office,” she said.

And then there’s the meeting to vote on certification, Hill said. Given the public anger of the past – and depending on who wins – things could get ugly.