Nevada Secretary of State Cisco Aguilar has a “bank of Mad Libs” ready for potential legal proceedings that may arise in the aftermath of November’s election.
“We’ve been working really hard with the attorney general … and I have been very strategic about what legal pleadings we need to have pre-prepared,” Aguilar says.
The fallout traces back to the 2020 election when then-incumbent Donald Trump alleged President Joe Biden’s win was a matter of election interference, and that the election had been stolen from the Republicans through unfair means. Republicans took legal action nationwide, and now, if there is a repeat of the 2020 presidential results—if a party claims election interference—it’s just a matter of filling in the blanks on the already-planned out paperwork, the secretary said. He’s done it before.
In the lead up to the 2024 general election, Nevada Republicans joined their party members across the country and filed a series of lawsuits against the state, with an effort that truly kickstarted three months ahead of the June primary.
That March case alleged that Nevada was not living up to federal regulations, mandated by the National Voter Registration Act of 1993, because it did not “maintain clean and accurate voter registration records.” The filing added that five Nevada counties had “inordinately high voter registration rates.”
The claims were struck down in June by U.S. District Court Judge Cristina Silva, who supported dismissal of the case, but allowed for the Republican National Committee and Nevada GOP to try their case again with changes. When they did just that, Silva supported another dismissal in September for the same reasons, determining the plaintiffs lacked standing because the complaints were “too speculative.”
The team will have until November 1 to file an amended case.
While the lawsuits have not had much of the intended effect, Aguilar says he still believes they’re an attempt at sowing disinformation.
“Some of those lawsuits, I don’t think, are being filed in good faith,” he says. “They’re being filed to create that doubt among certain voter populations.”
When it comes to addressing misinformation—or “speculation,” as Silva referred to it—Aguilar says his office has been strategic and upfront about it. He even appreciates the opportunity for a lawsuit, because he views it as a method of dissuading falsehoods.
“I don’t mind being sued because it’s an ability to plead our case before a judge. As you’re pleading that case and you’re going before a judge, you’re also doing voter education,” Aguilar says. “And then for a judge to say the secretary of state’s decision-making in this process was the right thing helps justify the work that we’re doing.”
Looking to November and the months leading up to inauguration, Nevada Attorney General Aaron Ford’s office says he remains committed to ensuring that electoral votes are not held up or delayed.
“If there is a presidential election contest in Nevada, we will take appropriate action to ensure Nevada’s electoral votes are submitted to be counted in a timely manner,” spokesman John Sadler wrote in a statement to the Weekly.
Aguilar and Ford have previously worked together to address legal issues in the wake of an election, collaborating after a dispute in this year’s primary. Washoe County commissioners refused to certify a recount of the June 11 primary, and the attorney general and secretary pursued action through the Nevada Supreme Court.
“I take serious the role of the attorney general’s office to defend Nevada’s elections against anyone who might try to delegitimize accurate election results or undermine a count of the people, and I will never hesitate to join the Secretary of State in protecting Nevada’s elections,” Ford said in a statement at the time.
The two commissioners who originally voted against certifying reversed their votes in a July 16 hearing, with Commissioner Michael Clark starting his statements with an apology to his constituents, “a heavy heart,” and the assertion that his vote came from “extreme duress.”
“I have been told that a failure to vote to certify this election could subject me to criminal prosecution and forfeiture of office,” Clark said at the hearing.
After the commissioners finally certified the vote, the Nevada Supreme Court ultimately declined to rule on the electoral controversy—a decision that left “legal uncertainty” on the table and contributed to “unfounded distrust in our elections,” Ford said in a statement to The Nevada Independent.
While Ford and Aguilar are both Democrats, the secretary said bipartisanship has been an essential part of this election cycle and all its preparation. Aguilar mentioned Republican Gov. Joe Lombardo as an integral part of election security.
The two worked together to enact Senate Bill 406 into law, which made it a felony to harass, threaten or intimidate election workers starting in October 2023. That harassment includes doxxing workers and their families, and at offsite polling locations.
“We have a governor who formerly served as sheriff, who understands the rule of law, and he understands the importance of election and poll worker protection,” Aguilar says.
Lombardo’s office did not reply to a request for comment.
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