Post-election lawsuits related to the 2020 United States presidential election from Nevada
The Donald Trump 2020 presidential campaign launched numerous lawsuits contesting the election processes of Nevada. Many of the processes contested were created due to the COVID-19 pandemic. All of these cases have been either dismissed or dropped.
Summary of lawsuits
First filing date | Case | Court | Docket no(s). | Outcome | Comments | References |
---|---|---|---|---|---|---|
November 5, 2020 | Stokke v. Cegavske | Nevada District Court | 2:20-CV-02046-APG-DJA | Dropped | [1][2][3] | |
November 16, 2020 | Marchant v. Gloria | Nevada District Court, Clark County | A-20-824884-W | Dismissed | [4][5] | |
November 16, 2020 | Election Integrity Project of Nevada v. Nevada | Nevada District Court, Clark County | A-20-820510-C | Dismissed | [6][7] | |
November 16, 2020 | Becker v. Gloria | Nevada District Court, Clark County | A-20-824878-W | Dismissed | Republican state senate candidate challenged use of software to verify signatures on mail-in ballots.
Dismissed without prejudice. |
[8][9] |
November 17, 2020 | Law v. Whitmer | Nevada Supreme Court | 82178 (NV Supreme Ct.)
20 OC 0163 1B (District Ct.) |
Dismissed | Republican candidates for presidential electors contesting election. Dismissed with prejudice and affirmed on appeal. | [10][11] |
November 19, 2020 | Rodimer v. Gloria | Nevada District Court, Clark County | A-20-825130-W | Dismissed | Republican state senate candidate seeking a new election.
Dismissed. |
[12][13][14] |
November 19, 2020 | Becker v. Cannizzaro | Nevada District Court, Clark County | A-20-825067-P | Dropped | [15][16] |
Becker v. Cannizzaro
On November 19, 2020, Republican state senate candidate April Becker filed a lawsuit against the Democratic incumbent, Nicole Cannizzaro, asking for a new election to be held. Becker challenged the use of processing machines to tabulate mail-in ballots. Plaintiffs voluntarily dismissed the suit the following day.[17][18]
Becker v. Gloria
On November 16, 2020, Republican state senate candidate April Becker filed a lawsuit in state court against the Clark County Registrar of Voters, Joseph P. Gloria, asking for a new election to be held. Becker challenged the mailing of ballots to all registered voters and the use of automated software Agilis to verify signatures, arguing that state law requires human review of the signatures. On November 24, the court denied the plaintiff's request without prejudice.[19][20][21]
Election Integrity Project of Nevada v. Nevada
On November 16, 2020, the Election Integrity Project of Nevada filed a lawsuit against the state of Nevada, claiming to have found "extensive evidence" of voter fraud. The group asked for the election results to be invalidated and a new election to be ordered.[22] On November 20, Clark County District Court Judge Gloria Sturman denied the request, calling it a "shocking ask".[23]
Law v. Whitmer
The Nevada Republican Party and the Trump campaign filed Law v. Whitmer[24] on November 17, 2020, in the Nevada First Judicial District Court in Carson City. The six electors pledged to Biden are named as defendants, and the lawsuit asks to either pledge all six electors to Trump or else to annul the election results. The lawsuit uses "many of the same claims already rejected by local courts in previous lawsuits, including improper use of a signature verification machine and unfair observation rules", according to the Las Vegas Review-Journal.[25]
On November 25, a judge allowed the Trump campaign to present its evidence of fraud in the election. The judge set the hearing for December 3, allowing 15 depositions.[26] On December 4, the court denied the plaintiff's request, saying "Contestants did not prove under any standard of proof that any illegal votes were cast and counted, or legal votes were not counted at all, for any other improper or illegal reason, nor in an amount equal to or greater than 33,596, or otherwise in an amount sufficient to raise reasonable doubt as to the outcome of the election".[27]
On December 8, the Supreme Court of Nevada unanimously affirmed the District Court's ruling,[28][29] writing: "We...are not convinced that the district court erred in applying a burden of proof by clear and convincing evidence, as supported by the cases cited in the district court's order."[30]
Marchant v. Gloria
On November 16, 2020, Jim Marchant filed a lawsuit against Clark County Registrar of Voters, Joseph P. Gloria, asking for a new election to be held. Marchant, a Republican congressional candidate, lost his bid against Democratic incumbent Steven Horsford. Marchant claimed signatures were verified using a computer system, whereas Nevada state law requires signature verification to be conducted by humans. On November 23, Clark County District Court Judge Gloria Sturman dismissed the case, citing jurisdictional issues.[31][32]
Rodimer v. Gloria
On November 19, 2020, Dan Rodimer filed a lawsuit in state court against the Clark County Registrar of Voters, Joseph P. Gloria, asking for a new election to be held. Rodimer, a congressional candidate who lost to Democratic Representative Susie Lee, claimed signatures on mail-in ballots were verified using a computer system whereas Nevada state law requires signature verification to be conducted by humans.[33] The case was assigned to Clark County District Court Judge Gloria Sturman; the plaintiffs filed two motions asking Judge Sturman to recuse herself from the case, alleging that her connections to the Democratic party "rendered her too biased to preside over the case." Chief Judge Linda Marie Bell reassigned the case, but noted that "nothing in the record reflects a prejudice on the part of Judge Sturman against Mr. Rodimer that would preclude Judge Sturman from deciding this case." This lawsuit was filed by attorney Craig Mueller, who filed similar actions for losing Republican candidates.[34] At a hearing on November 25, Judge Trevor Atkin dismissed the case, citing the court's lack of jurisdiction and format issues.[35]
Stokke v. Cegavske
On November 5, 2020, plaintiffs Jill Stokke, Chris Prudhome, Marchant for Congress, and Rodimer for Congress sued Secretary of State Barbara Cegavske and Clark County Registrar of Voters Joseph P. Gloria for illegal conduct. The initial complaint, filed in the United States District Court for the District of Nevada on November 5, 2020, accused the defendants of "illegal conduct" across three counts, including "violations of the Elections Clause", violations of Equal Protection Clause (enforceable under 18 U.S.C. § 1983), and the "violation of Nev. Rev. Stat. §§ 293.8881 and 293.363" respectively. The complaint cited irregularities in "over 3,000 instances of ineligible individuals casting ballots",[36] among 15 paragraphs of allegations of violating both state and federal law.
The case was assigned to Judge Gloria M. Navarro initially and reassigned to Judge Andrew P. Gordon after Judge Navarro recused herself from the case on the same day the complaint was filed.
On November 5, 2020, attorneys for the plaintiffs filed a motion for an emergency temporary restraining order and preliminary injunction barring defendants from violating Nevada law, the Elections Clauses, and the Equal Protection Clause of the Constitution, listing 14 counts, including the use of signature-verification software Agilis in Clark County.[37] Plaintiffs additionally filed a motion to expedite the hearing and briefing, which was approved by Judge Gordon on November 6; however he did not agree with the plaintiff's assertion that the defendant's conduct inflicted "irreparable" injury to the extent that a restraining order or temporary injunction was justified, and as such, denied the motion on the same day.
Judge Gordon signed an order on November 9, 2020, approving pro hac vice filings in regard to attorneys Abha Khanna, John M. Devaney, and Bradley S. Schrager. Perkins Coie attorneys based in Seattle and Washington, DC required permission from the court before getting involved with the case in Nevada. According to court documents, Perkins Coie was hired to represent the defendants by the Nevada Republican Party and Democratic National Committee.
The case was dropped by the plaintiffs on November 30, 2020.[38]
References
- Abramson, Alana; Abrams, Abigail (November 9, 2020). "Here Are All the Lawsuits the Trump Campaign Has Filed Since Election Day—And Why Most Are Unlikely to Go Anywhere". Time. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
- Bazelon, Emily (November 14, 2020). "Trump Is Not Doing Well With His Election Lawsuits. Here's a Rundown". The New York Times. ISSN 0362-4331. Archived from the original on November 16, 2020. Retrieved November 15, 2020.
- Charns, David (November 30, 2020). "I-Team: Nevada Republicans drop lawsuit, which cited widespread voter fraud". 8NewsNow. Las Vegas, NV: KLAS-TV. Archived from the original on December 1, 2020. Retrieved December 1, 2020.
- "Marchant v. Gloria". Standford-MIT Healthy Elections Project. Archived from the original on November 25, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 20, 2020). "Judge rejects Marchant request for new election in congressional race over 'voter fraud' allegations". thenevadaindependent.com. Archived from the original on November 20, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 16, 2020). "Sharron Angle-backed group files emergency request for court to block certification of election results over alleged voter fraud". thenevadaindependent.com. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 20, 2020). "Judge rejects 'shocking ask' of new election over voter fraud claims brought by Sharron Angle and affiliated group". thenevadaindependent.com. Archived from the original on November 21, 2020. Retrieved November 22, 2020.
- "Nevada Mail Ballot Machine Challenge". Democracy Docket. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- "Becker v. Gloria". Standford-MIT Healthy Elections Project. Archived from the original on November 29, 2020. Retrieved November 29, 2020.
- Law v. Whitmer (Nevada Supreme Court December 8, 2020).Text
- Snyder, Riley (December 8, 2020). "NV Supreme Court denies Trump campaign lawsuit seeking overturn of presidential election". The Nevada Independent. Retrieved December 9, 2020.
- "Rodimer v. Gloria". Stanford-MIT Healthy Elections Project. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 23, 2020). "Rodimer election lawsuit delayed amid 'ministerial oversight' requiring new judge". thenevadaindependent.com. Archived from the original on November 27, 2020. Retrieved November 29, 2020.
- Rindels, Michelle (November 25, 2020). "Judge rejects Republican Dan Rodimer's request for re-vote in congressional race". thenevadaindependent.com. Archived from the original on November 25, 2020. Retrieved November 29, 2020.
- "Nevada Mail Ballot Machine Challenge III". Democracy Docket. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- "Becker v. Cannizzaro". Stanford-MIT Healthy Elections Project. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- "Nevada Mail Ballot Machine Challenge III". Democracy Docket. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- "Becker v. Cannizzaro". Stanford-MIT Healthy Elections Project. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- Williams, Pete (November 23, 2020). "Trump's election fight includes over 40 lawsuits. It's not going well". NBC News. Archived from the original on December 5, 2020. Retrieved November 23, 2020.
- "Nevada Mail Ballot Machine Challenge". Democracy Docket. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- "Becker v. Gloria". Standford-MIT Healthy Elections Project. Archived from the original on November 29, 2020. Retrieved November 29, 2020.
- Snyder, Riley (November 16, 2020). "Sharron Angle-backed group files emergency request for court to block certification of election results over alleged voter fraud". thenevadaindependent.com. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 20, 2020). "Judge rejects 'shocking ask' of new election over voter fraud claims brought by Sharron Angle and affiliated group". thenevadaindependent.com. Archived from the original on November 21, 2020. Retrieved November 22, 2020.
- Hurtado, Patricia (November 18, 2020). "Trump Campaign Sues Nevada Electors Including Homeless Vet". Bloomberg Law. Archived from the original on November 19, 2020. Retrieved November 20, 2020.
- Lochhead, Colton; Appleton, Rory (November 17, 2020). "Nevada GOP announces another legal challenge to state election results". Las Vegas Review-Journal. Archived from the original on November 18, 2020. Retrieved November 18, 2020.
- Bedard, Paul (November 25, 2020). "Huge court win lets Trump present ballot evidence, could overturn Nevada result". The Washington Examiner. Retrieved November 26, 2020.
- "Judge rejects Trump campaign lawsuit seeking to block state's presidential election results, says no evidence election was affected by fraud". The Nevada Independent. Retrieved December 4, 2020.
- Law v. Whitmer (Nevada Supreme Court December 8, 2020).Text
- Snyder, Riley (December 8, 2020). "NV Supreme Court denies Trump campaign lawsuit seeking overturn of presidential election". The Nevada Independent. Retrieved December 9, 2020.
- Jenkins, Cameron (December 9, 2020). "Nevada Supreme Court rejects Trump campaign appeal, affirming Biden win". TheHill. Archived from the original on December 9, 2020. Retrieved December 9, 2020.
- "Marchant v. Gloria". Standford-MIT Healthy Elections Project. Archived from the original on November 25, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 20, 2020). "Judge rejects Marchant request for new election in congressional race over 'voter fraud' allegations". thenevadaindependent.com. Archived from the original on November 20, 2020. Retrieved November 22, 2020.
- "Rodimer v. Gloria". Stanford-MIT Healthy Elections Project. Archived from the original on November 22, 2020. Retrieved November 22, 2020.
- Snyder, Riley (November 23, 2020). "Rodimer election lawsuit delayed amid 'ministerial oversight' requiring new judge". thenevadaindependent.com. Archived from the original on November 27, 2020. Retrieved November 29, 2020.
- Rindels, Michelle (November 25, 2020). "Judge rejects Republican Dan Rodimer's request for re-vote in congressional race". thenevadaindependent.com. Archived from the original on November 25, 2020. Retrieved November 29, 2020.
- Abramson, Alana; Abrams, Abigail (November 9, 2020). "Here Are All the Lawsuits the Trump Campaign Has Filed Since Election Day—And Why Most Are Unlikely to Go Anywhere". Time. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
- Wilcox, Kyle (November 6, 2020). "Federal judge denies Trump campaign motion to stop Clark County ballot counting machine". KSNV. Archived from the original on November 16, 2020. Retrieved November 10, 2020.
- Charns, David (November 30, 2020). "I-Team: Nevada Republicans drop lawsuit, which cited widespread voter fraud". 8NewsNow. Las Vegas, NV: KLAS-TV. Archived from the original on December 1, 2020. Retrieved December 1, 2020.