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Several presidential elector candidates in Nevada have filed a lawsuit against other elector candidates, saying the defendants’ election to the position should be declared null and that President Donald Trump should be declared the winner of the general election in the state, despite the fact that unofficial results currently show Nevada voters elected Joe Biden.
Lead contestant Jesse Law and others filed a statement of contest of the Nov. 3 presidential election in state court, arguing there were “substantial irregularities, improprieties, and fraud” that occurred during Nevada’s election.
According to the contestants, the election system in place for Nevada voters was “highly susceptible to fraud and abuse.”
However, they say, even though election officials were warned about the potential dangers, they continued with a plan that had no protections in place to prevent or discourage third-party interference.
During a special session, the Nevada Legislature passed a bill requiring ballots to be sent to all registered voters and allowing Nevada voters to cast ballots by mail, the lawsuit says.
According to the lawsuit, in the 2020 general election Nevada received 8.5 times the number of mail-in ballots cast by Nevada voters in 2016; Clark County, home of Las Vegas, received more than 10 times the number of ballots received in 2016.
The contestants maintain state officials weren’t prepared to accurately verify mail-in ballot signatures as required by Nevada law, which is why they decided to use a signature verification machine.
The machines, part of the Agilis Ballot Sorting System, checked that voters cast a vote, sorted the ballots by precinct and matched the signatures against records, the contestants say.
Allegedly, the Agilis machines’ reliability when it comes to signature verification “has not been established through scientific study and testing to a degree that warrants their use in elections.”
The contestants point out lawsuits were filed in the state before Nevada voters went to the polls in an attempt to stop the use of the Agilis machines. These lawsuits were opposed by election officials.
The machines were used to verify more than 130,000 mail-in ballot signatures, the lawsuit claims, even though they “performed erratically” and “the false negatives on signature machines … were at such a high rate that it was not reasonable for the State of Nevada or Clark County to rely on it for signature verification conclusions in any meaningful way… . ”
Other Nevada election procedures are also called into question in the lawsuit.
The contestants say poll workers questioning deviations “were ignored or brushed off,” while Nevada voters who insisted they had not mailed in a ballot were treated differently depending on which polling location they went to.
During in-person voting, computer systems allegedly consistently malfunctioned, as did the voting machines and printers.
In addition, the lawsuit claims, groups conducted “voting drives” during the election to encourage Native Americans to vote — and even provided “various ‘incentives’” to cast a vote, though the lawsuit doesn’t explicitly state what those incentives were.
The contestants also question the state’s use of provisional ballots.
Law and the other contestants believe all these irregularities will change the election outcome in the state.
According to the lawsuit, the contestants have evidence that will show the change in votes will be at least 40,000, “or, at the very least, in an amount sufficient to raise reasonable doubt as to the outcome of the Election.”
“As of November 16, 2020, the published vote margin of the State of Nevada between Vice President Biden and President Trump was 33,596,” the lawsuit states. “The discrepancies and irregularities in this election will eclipse the difference in votes between the candidates.”
As such, the contestants are asking the Court to declare Trump the winner of the general election in Nevada and that the contestants “be certified as the duly elected electors for the State of Nevada.”
If that can’t happen, the contestants say, they ask that the defendants’ election as electors “be declared null and void,” that the election results for the state be annulled and that no electors at all from Nevada be certified.
Nevada has until Nov. 24 to certify election results, the lawsuit says.
According to FairVote.com, under Nevada’s Uniform Faithful Presidential Electors Act, if an elector fails to vote as pledged, the vote is canceled and the elector replaced.
What do you think of the electors’ lawsuit? Let us know your thoughts in the comments section below.
The contestants are represented by Shana D. Weir of Weir Law Group LLC and Jesse R. Binnall of Harvey & Binnall PLLC.
The Nevada Electors Lawsuit is Jesse Law, et al. v. Judith Whitmer, et al., Case No. unavailable, in the 1st Judicial District Court of Carson City, Nevada.
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