Las Vegas Review-Journal

Lawsuit by Cannizzaro challenger shot down

GOP’S Becker was seeking redo of election

- By Rory Appleton Contact Rory Appleton at rappleton@reviewjour­nal.com or 702-383-0276. Follow @Rorydoesph­onics on Twitter.

A Clark County district judge on Tuesday ruled against a defeated Nevada Senate candidate’s attempt to invalidate the results of the county’s Nov. 3 election, the latest in a series of failed endeavors by conservati­ve groups to challenge various outcomes.

After a two-hour hearing, Judge

Joe Hardy ruled against April Becker, a Republican who lost to state Senate Majority Leader Nicole Cannizzaro, a Democrat, by just 631 votes. He ruled that the case was filed improperly, as it did not include Cannizzaro as a party.

He also agreed with arguments made by the county and state and national Democrats, who intervened in the case, that the case was essentiall­y an election contest, which must be filed with the state Senate by law.

The judge also expressed some doubt as to whether a ruling would even be possible, given that the Nevada Supreme Court certified the general election at an earlier hearing Tuesday.

Finally, Hardy refused Becker’s request to essentiall­y nullify a county’s election.

“If I were to do that, the court would disenfranc­hise, whether it be for those who voted in Clark County or just the folks in District 6,” Hardy said.

Becker attorney Craig Mueller, who has filed a handful of similar challenges on behalf of GOP candidates, sought to compel Clark County into a “revote” in District 6, citing various election fraud claims.

He claimed to have identified about 200 discrepanc­ies in the district and found that more than 900 voters live in another state. Mueller noted that the Clark County Commission had agreed to a revote in Commission District C, which shares area with District 6, because of hundreds of discrepanc­ies.

The margin in that race was significan­tly less, just 10 votes.

County Counsel Mary-anne Miller and Kevin Hamilton, an attorney for the Nevada State Democratic Party and Democratic National Committee, refuted some of the claims, but they focused on the improper nature of the case filing.

Hardy said Mueller also did not provide sufficient evidence to support his claims of improper voting, nor did he prove that Clark County Registrar Joe Gloria had failed in his duties.

A similar claim by Mueller on behalf of defeated Republican congressio­nal candidate Jim Marchant was denied last week by Judge Gloria Sturman, as was another attempt to invalidate the election. It was filed by former GOP Senate candidate Sharron Angle’s Election Integrity Project Nevada.

Another similar case, filed by Mueller on behalf of defeated congressio­nal candidate Dan Rodimer, had a brief hearing Tuesday.

Mueller asked for more time to respond to a motion to dismiss filed by the Nevada State Democratic Party, and Judge Trevor Atkin reschedule­d the opening arguments for 11 a.m. Wednesday.

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