Stavros Anthony v. Ross Miller and Clark County Board of Commissioners

Summary

The Nevada Supreme Court affirmed dismissal of Stavros Anthony’s challenge to the 2020 Clark County Commission District C election, which Ross Miller won by 15 votes. The court held that NRS 293.465 applies when an event prevents voters from casting ballots, not when alleged errors or discrepancies occur during an election that otherwise took place. Challenges based on errors in counting or conducting an election must instead proceed through the statutory election-contest process under NRS 293.407-.435.

Holdings

1. NRS 293.465 applies when an event, such as the loss or destruction of ballots, prevents eligible voters from casting their votes; it does not apply merely because discrepancies or errors may have affected the accuracy of the election results when the election occurred and voters had the opportunity to vote.
2. Once an election takes place and voters have the opportunity to vote, a candidate's challenge based on vote-counting discrepancies or errors in conducting or canvassing the election must proceed through an election contest under NRS 293.407-.435, rather than through a request to the Board for a new election under NRS 293.465.
3. The appeal from denial of injunctive relief was moot because the requested injunction preventing certification of the election could no longer provide effective relief after certification.

Questions Presented

1. Whether unexplained discrepancies in the conduct of an election, exceeding the margin of victory, constitute an election being "prevented" under NRS 293.465.
2. Whether an election contest under NRS 293.407-.435 is the exclusive mechanism for challenging errors in the conduct of an election after voters had the opportunity to cast their ballots.
3. Whether Anthony's appeal from the denial of injunctive relief was moot after the election results had been certified.

Disposition

affirmed