Judge Elizabeth Gonzalez in the Eighth Judicial Court denied a preliminary injunction that would prevent Clark County from moving forward on its plan to hold a special election in District C.
The injunction, if approved would help stop a special election in the district where Democrat Ross Miller was, at last count, the winner, by 10 votes.
In a statement, the Stavros Anthony campaign said that were disappointing in the ruling.
"We are disappointed in the ruling in court today. Yet, we are hopeful the County Commission will look at the Nevada statute, NRS 295.465 that allows for a special election when an election cannot be certified as accurate and upholds their prior vote on November 16 when they called for a Special Election that would give the voters in District C a fair and accurate election. Our opponent, accuses us of attempting to undermine the integrity of the election, when it is in fact his legal team which is suing Clark County, his lawyers who are questioning the accuracy and work of the Registrar of Voters and his staff, and trying to belittle the importance of the 139 voters whose votes Mr. Gloria says cannot be counted. When members of the accounting and auditing boards of the Clark County Election Department tell us they cannot resolve the discrepancies, and the Clark County Registrar of Voters says in an affidavit the following, " I cannot certify that the results are an accurate representation of the will of the voters in that district, and in my professional opinion, as an election official, it raises a reasonable doubt as to the outcome of the election.”, who are we to believe? Our campaign trusts in the knowledge and professionalism of the County Registrar of Voters, the county’s chief election officer, and will use every means available to us to secure a new election," said Lisa Mayo-Deriso.
During the county commission's canvassing of the vote, the Clark County registrar said that he could not determine the identified 139 discrepancies in the district.
Those typically are common election errors and therefore, the county could not be certain Miller really won, given the razor-thin margin of victory.
During that meeting, Joe Gloria told the commissions that five people had voted twice county-wide, two of whom were in District C.
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At last check, Gloria planned to meet with the commission at the beginning of December to talk about the options for a special election.
Another court hearing is set for Friday, Dec. 4.