Anthony v. MillerAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Appellant's action arguing that a new election was required pursuant to Nev. Rev. Stat. 293.465, holding that Appellant's challenge to the November 3, 2020 general election for Clark County Commission District C failed.
Appellant ran in the general election for the Clark County Commission District C. Appellant lost by a margin of fifteen votes. In this action, Appellant argued that a new election was required because the number of irregularities in the conduct of the election exceeded the narrow margin of victory. The district court denied relief, finding that the election was not prevented within the meaning of section 293.465. The Supreme Court affirmed, holding (1) Appellant's challenge did not warrant a new election under section 293.465 because nothing "prevented" the election from occurring or voters from casting their votes; and (2) once an election takes place and the voters have voted, any challenge to the donut of the election must proceed by way of an election contest brought under Nev. Rev. Stat. 293.407-.435.