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Carson City judge rejects efforts to overturn Biden victory in Nevada

Published: Dec. 4, 2020 at 3:09 PM PST|Updated: Dec. 4, 2020 at 5:55 PM PST
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RENO, Nev. (KOLO) - A Carson City state court judge rejected an effort by President Donald Trump supporters to overturn Joe Biden’s win in the Nevada presidential election.

Judge James Tod Russell issued the decision Friday. Both sides argued the case Thursday. Republicans who would have voted for Trump at the electoral college filed the suit challenging the results.

The Associated Press reported that the Republican Party will appeal the decision.

Biden beat Trump in Nevada, winning with 703,496 votes to 669,890 votes.

Russell wrote that the Trump supporters “failed to meet the burden to provide credible and relevant evidence to substantiate any of the provisions . . . to contest the Nov. 3, 2020 General Election.”

Russell had 36 paragraphs in the 34-page order listing where the election challenge failed. More broadly, Russell said Republicans did not prove that illegal or improper votes were cast and counted or that legal votes were not counted in an amount that would change the election; they did not prove that the election board or any of its members were guilty of malfeasance; and they did not prove that anyone bribed anyone to change the outcome of the election.

The Republican electors alleged fraud, especially in Clark County, but Russell said they did not offer proof.

Russell ordered the suit dismissed with prejudice, meaning it can’t be brought back (but can be appealed), and the judge ordered the Republican side to pay the cost of the defense attorneys.

The Nevada Supreme Court last week certified Biden as the winner in Nevada, entitling him to all of the state’s electors for the electoral college.

Nevada Attorney General Aaron Ford said Trump has been making allegations of fraud for weeks with no proof. He invited Trump and former Attorney General Adam Laxalt, a Trump representative, to file a complaint with his office detailing the allegations.

“For weeks, President Trump and his surrogates have put out tweets and participated in press releases and other media appearances to perpetuate a phony narrative that widespread voter fraud plagued Nevada’s elections. Yet to date, they’ve provided insufficient proof to support their claims in court, which explains why they keep losing,” Ford said in a statement. “That said, and while my office is not involved in this lawsuit, I would like to reassure every Nevadan that we take any allegations of voter fraud seriously, and we prosecute where the evidence supports credible claims. In fact, my office is currently prosecuting a claim from the 2016 election.”

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