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Battling electors: Nevada election court case continues

Published: Dec. 3, 2020 at 6:32 PM PST
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RENO, Nev. (KOLO) - It’s been a month since Nevadans went to the polls, but the court battles over the outcome continue.

The latest battleground was the Carson City courtroom of Judge James Russell. On one side, attorneys for the six potential Republican electors anxious to cast their votes for the president when the electoral college meets on the 14th. On the other their Democratic counterparts, at this point slated to vote for the President-Elect Joe Biden.

The lawsuit filed by the GOP asks the court to void the certified results of the election--a Biden win by more than 33,000 votes--putting the state in President Trump’s column.

Here, as elsewhere, their arguments allege fraud and irregularities, especially in the count in Clark County. Testimony has been by deposition, but Judge Russell heard oral arguments from both sides this afternoon, Republican attorney Jesse Binnall alleging fraudulent votes by dead people, those living elsewhere, a lack of transparency as the votes were being counted and errors by a signature verification machine.

”We can’t just turn a blind eye to it. That’s not what we do in America. We make it right. We’re asking the court to make it right and the way to make it right is not to make sure improperly elected electors don’t represent us.”

Democrat attorney Kevin Hamilton said such extreme allegations and a remedy seeking to overturn the vote of the entire state should require extraordinary evidence, but he said there was none.

“None of this is remotely sufficient to justify this contest, much less the jaw-dropping invitation to this court to overturn the expressed will of 1.4 million Nevadans. This election was fair. The votes were counted correctly and Joe Biden won. It’s time for the contestants to accept that and it’s time for this meritless case to come to an end.”

Judge Russell issued no-decision, but indicated it won’t be long in coming, giving both sides until tomorrow morning to file any additional briefs. He wants his decision, he said, to leave time for a potential appeal to the state Supreme Court.

The electoral college meets in 11 days.

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