Nevada Secretary of State Cisco Aguilar is taking action after the Washoe County Commission initially voted against certifying recount election results. Although it’s now resolved, he wants clarity for the future. KUNR’s Lucia Starbuck spoke with him last week to learn more.
Lucia Starbuck: Last month, three Washoe County commissioners voted to not certify recount election results. You petitioned the Nevada Supreme Court to compel them to do so and to follow state law. Why go that route and where do things stand now?
Cisco Aguilar: This is a serious issue. When a voter exercises their fundamental right to vote, and then the governing body of the county where that voter voted decides that their vote is not as important as their concerns, or misconception about the election, Trump a voter’s voice. That is unacceptable. And when this happened, and when this occurred, it was actually really shocking to me, because I didn’t expect it to happen in an urban center like Washoe County. There was no other option for us, other than to go directly to the Supreme Court. We received a notice from the Nevada Supreme Court asking us whether or not the issue was moot, because thankfully, Commissioner Andriola did a motion to reconsider, and they took the appropriate action. However, this issue needs to be settled at the highest court in the state, and we did file a response arguing why the Supreme Court needs to get engaged in this issue. It’s the judicial branch that really is the interpreter of law.
Starbuck: What do you want the Supreme Court to say?
Aguilar: I want them to clarify what the law is and the responsibility of the county commissioners are throughout the state of Nevada. They have a heavy responsibility to ensure that the votes are counted. Look, if they have concerns and they want to have a conversation about process or outcomes, they can put on the agenda, ‘Hey, let’s have a conversation with our clerk about the elections process,’ but to take it during a certification of the vote is unacceptable.
Starbuck: Is there a date set with the Supreme Court?
Aguilar: No, hopefully they’ll take our response and understand the responsibility they have as justices in this state to have a say in what the future looks like because I think county commissioners throughout the state are looking at this and saying, ‘Is it really our responsibility?’
Starbuck: How do you interpret the law?
Aguilar: It’s very clear. It just says they have a responsibility to canvass and certify the election.
Starbuck: Washoe County interim registrar voters, Cari Ann Burgess told KUNR that the situation harmed morale. What kind of support is your office providing the registrar’s office and staff?
Aguilar: We are doing everything we can to keep this election moving forward, to ensure that Nevadans have access to a safe, secure election, and to ensure our clerks throughout this state have the resources and have the support they need to continue doing the job they do.
Starbuck: This isn’t the first time commissioners have voted to not canvass the vote. Commissioner Jeanne Herman has voted no since 2020. Do you think she should face any repercussions for this?
Aguilar: I think she should listen to the advice of her fellow county commissioner. I think Commissioner Clark understood his responsibility as a county commissioner after speaking to a lawyer, and I would suggest Commissioner Herman speak to Commissioner Clark about those responsibilities.
Starbuck: What if this happens again? What if we’re in the same situation at the end of November?
Aguilar: That was a question of today. Lyon County was canvassing and certifying their special election. They canvassed unanimously. It was great to see Lyon County step up and understand the responsibility they have to their voters. It gave me a little bit of hope that we are going to get through the November election.
Starbuck: I’m glad you mentioned Lyon County. Also connected to the June primary, some ballots had errors on them. Washoe County had to resend ballots to some Reno voters. Lyon County was forced to do a special election for several races. Why are these errors occurring and what can your office do to prevent that in the future?
Aguilar: This is a symptom or unintended result of the harassment and intimidation that election officials are experiencing. 11 of the 17 clerks in the state of Nevada are new, with two of those clerks already cycling out of the 11. And when you get somebody into the clerk position, or just the administrative positions in elections, who don’t have the history of running an election, situations are going to come up. And those are situations that we are learning from. But also too, there are situations we don’t necessarily have to have if we continue to have the experience in our offices that we need.
Starbuck: What if the Supreme Court doesn’t give you the answer that you’re hoping for?
Aguilar: I think there will be some confusion. There will be a bit of ambiguity out there. That is not a good situation for community or for a state. We hope that the Supreme Court understands that responsibility and obligation. It’s not to me, it’s to the Nevada voters.
