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Las Vegas judge rejects candidate's request for partial election do-over

Posted at 3:03 PM, Jul 12, 2016
and last updated 2016-07-12 21:57:25-04

A Las Vegas judge rejected a Republican candidate's request for a partial election do-over after losing a primary race in a Pahrump-area Assembly district.

District Court Judge Elissa Cadish on Tuesday dismissed an electoral contest suit filed by Tina Trenner, who lost by 133 votes to incumbent Republican Assemblyman James Oscarson in June's primary election.

Trenner argued that because 1,858 registration cards marking the wrong Assembly district were sent out to voters in rural Logandale in December, two electoral precincts should be ordered to re-vote due to confusion among some primary voters. 

"I just want a fair and truthful vote," she said during the hearing.

But Cadish said state law narrowly defines the circumstances where a judge can call for a re-vote, and that Trenner didn't provide any hard evidence to call the results of the election into question.

"I do not have evidence to demonstrate that those errors are sufficient to change the results," she said.

Clark County election officials admitted that the registration cards were sent in error, but that the county promptly addressed the issue and issued correct sample ballots before the primary election to affected voters. County attorney Mary Anne Miller, representing the elections department, said there was no evidence that the registration cards prevented anyone from voting in the correct district.

"We just don't have any evidence other than some anecdotal, hearsay evidence,"  she said.

Trenner said she doesn't plan to seek further legal action, but five other Assembly candidates who lost in June have filed similar suits contesting the results of their elections.