I-Team: Judge dismisses Trump lawsuit over voter fraud in Nevada

Local News

State lawsuit latest in series to allege voter fraud in Nevada

LAS VEGAS (KLAS) — A Nevada judge has dismissed President Donald Trump’s campaign’s request to declare the president the winner in Nevada and nullify the election results. In his ruling, Judge James Russell also ordered lawyers for the campaign to pay the defendants’ legal fees.

President-elect Joe Biden won Nevada by more than 33,000 votes. The state lawsuit alleges voter irregularities and fraud make Trump the actual winner. Lawyers for Republican Party electors on behalf of the Trump campaign told Russell on Thursday they had evidence of deceased individuals having votes cast in their names and that tens of thousands of living voters voted twice.

Last week, the Nevada Supreme Court and Gov. Steve Sisolak certified the election results, directing the Democratic Party’s electors to cast their six votes for Biden.

Jesse Binnall, the Trump campaign lawyer, told Russell that 1,506 votes cast in the election came from dead voters. Binnall also alleged Clark County failed to secure its voting machines, saying there was limited security when moving data off a machine and into the county’s system. None of the evidence was presented publicly, as it was under seal. The lawyer for the Democratic electors said the evidence provided no names.

Binnall and the Nevada Republican Party also provided these allegations:

  • 2,468 votes by voters who changed their address to another state or country
  • 42,284 voters who voted twice
  • About 20,000 voters who voted in Nevada without a Nevada mailing address

“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,” Russell wrote in his order.

The I-Team has found two instances of dead individuals having votes cast in their names. A list provided in previous court cases of voters who voted without a Nevada mailing address was found to contain students and military families who are legally allowed to vote in Nevada.

In all, Clark County elections officials said five people voted twice. Their names were forwarded to the Secretary of State’s Office to determine if the double votes were made will ill intent. Voter fraud is illegal and carries a fine and jail time.

Binnall told the judge his argument focused on Nevada’s mail-in voting law, which allowed registrars to send ballots to every registered voter. Previous state lawsuits found no issue with the law.

Several lawsuits on similar matters were also thrown out of state court. Republicans had filed a similar lawsuit in November, but later dropped it. Three lawsuits by Republicans asking Nevada state judges for new elections have also been tossed.

This latest case can be appealed to the Nevada Supreme Court, and observers said the quick ruling allows time for that appeal to proceed.

Reactions to the decision came in Friday afternoon from state representatives of both sides.

The Nevada GOP described the evidence as compelling and overwhelming:

While we appreciate the court’s consideration of evidence submitted, we disagree with the dismissal of the contest. The case and evidence we presented was compelling and overwhelming. President Donald J. Trump’s Nevada Elector’s will immediately appeal this denial to the Nevada Supreme Court. The fight continues for clean and fair elections.

Nevada Republican Party

Nevada State Democratic Party Chair William McCurdy II issued this statement:

I, like the vast majority of Americans, have long since moved on from this election. With this latest ruling denying the Trump campaign’s attempt to reverse the results of this election, I sincerely hope Republicans can finally do the same. As I said weeks ago, if we truly intend to do right by Nevada families during a global health crisis, we will come together to put in the necessary work and keep the past in the past. These continued attacks are not only preventing us from getting through this pandemic, they are dangerous and, if continued, will result in long term damage to our democracy. I hope this is the last time a court has to deny Republicans’ attempts to overturn the will of Nevadans–it’s what our state and country deserve.

William McCurdy II

A statement issued by Nevada Attorney General Aaron D. Ford said, in part:

 Because I take fraud claims seriously, I have personally requested that President Trump’s team, including former Attorney General Adam Laxalt, file an official complaint and supporting evidence with my office. They have yet to send in a complaint that details and provides evidence for the allegations they have publicly been making. Absent such a complaint and supporting evidence, these claims of widespread voter fraud remain baseless and, moreover, are insulting to the countless of elections workers who have diligently overseen our elections. 

Aaron D. Ford, Nevada Attorney General

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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