The Supreme Court of Nevada Tuesday denied the Trump campaign’s bid to stop the mail-in vote count in Clark County.
The Trump campaign asked the Nevada Supreme Court to cease the mail-in vote count until observers were able to witness the counting process.
In denying the campaign’s bid, the court found that the campaign would likely not succeed in its arguments and that there was no statutory duty for observers to witness the count:
We have also considered appellants’ request that we enjoin the registrar from duplicating ballots and using artificial intelligence to authenticate ballots. Under NRAP 8(c), in determining whether to grant a stay or injunction pending appeal, we look to whether the object of the appeal will be defeated absent a stay or injunction whether the granting or denying of a stay or injunction will result in irreparable or serious injury to appellants and respondents. and whether appellants have demonstrated a likelihood of success on the merits… The district court concluded that appellants’ allegations lacked evidentiary support, and their request for relief to this court is not supported by affidavit or record materials supporting many of the factual statements made therein. It is unclear from the motion how appellants are being prevented from observing the process or that the use of the [counting] machine is prohibited under AB 4. As the district court’s order points out, mandamus relief is warranted only to compel performance of a mandatory statutory duty or to remedy a manifest abuse of discretion. Appellants motion, on its face, does not identify any mandatory statutory duty that respondents appear to have ignored. (Citations omitted).
The court has yet to completely decide the issue on its merits but has denied the immediate relief requested by the Trump campaign.