Nevada Independent: Fmr. Gov Bob List Discusses Washoe County Certification Revote

The Nevada Independent | July 21, 2024
Tabitha Mueller

In case you missed it, fmr Governor Bob List, RightCount’s Nevada Co-Chair, talked to The Nevada Independent about the Washoe County Commissions revote to certify the primary recount. What follows is an excerpt of the report from Reno.

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The words, handwritten on signs, flashed passing cars.

“WASHOE COUNTY ELECTION FRAUD CENTRAL”

“WE DEMAND HAND RECOUNT NOW!!”

Some drivers honked while others flipped middle fingers at the more than two dozen protesters outside the Washoe County Administration Complex the morning of July 9.

The protesters were calling on commissioners in Nevada’s second largest and only swing county to refuse to certify the results of a recount of the June primary.

The recount did not change the results of either of the primary races, but at the commission meeting that day, protesters alleged fantastical claims of election fraud, applauded those who agreed with them and booed opponents. The commission chair occasionally admonished the group, even threatening to go into a recess when commenters lobbed verbal attacks.

Five hours later, they cheered the three Republican commissioners on the five-member board for voting not to certify the recount results. 

That vote placed Washoe in dubious company — making the county one of at least 25 jurisdictions since 2020 (and the third county in a battleground state this year) where officials overseeing election certification processes have voted not to do so, often citing unsubstantiated accounts of election fraud. 

Certifying, or canvassing election results, is an important procedural step for officially declaring the winner of an election — though media outlets project winners and candidates often declare victory on or shortly after Election Day based on preliminary vote totals. Elections are only considered complete once a county commission votes to canvass the results.

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Ultimately, the commission’s decision not to certify the recount was a short-lived victory for the protesters. 

Criticism of the commission’s decision quickly mounted from voting rights advocates, and two top state officials filed a petition with the state Supreme Court requesting it compel the board to certify the results or face legal consequences.

One week later, the board met to reconsider its decision not to certify the primary election recount results and certified the recount in a 4-1 decision.

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Former Republican Gov. Robert List, the co-leader of RightCount Nevada — a new Republican-led nonprofit seeking to restore faith in the election system — described the commission’s refusal to certify the recount as a “rogue move.”

Under Nevada Administrative Code, counties’ governing bodies have a statutory obligation to certify election results, specifying that any recount election “must be canvassed within 5 working days after the completion of the recount.”

“Thankfully, [the decision not to certify] was put right,” List said in an interview. But he warned that moves like this could increase distrust of the election system.

“It’s paramount that everyone involved in that process of carrying on an election system be scrupulous in what they do,” List said. “Democracy depends on citizen participation.”

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As Republican Washoe County Commissioner Mike Clark, who initially decided not to certify the recount and who reversed course a week later “under extreme duress,” said ahead of his revote: “There is nothing in the statute that allows a commissioner to question the validity of the results.” 

Gill said county commissioners are not often election law experts. “These are regular people who get elected to these boards and there is a learning curve,” Gill said, noting that the proper arena for contesting elections is in the court system.

“The judge does have the ability, in these hearing settings, to be able to hear testimony from different kinds of experts and to gather information, to be able to make a determination about the veracity of these issues,” she said. “That court would have the jurisdiction to direct the other branches of government to deal with anything that they found actually problematic in the election outcome.”

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To read The Independent’s report in full, click here.

To learn more about RightCount Nevada, visit www.RightCount.org/nevada