MICHEL MARTIN, HOST:
More than two dozen local officials around the country have refused to certify federal elections over the past few years. Most remain in office, and that's raising fears they will do it again, sowing doubt about election results and potentially causing chaos. Are election officials ready? NPR's Frank Langfitt reports from Nevada.
FRANK LANGFITT, BYLINE: Commissioners here in Washoe County did something this summer that no one can remember happening in Nevada. Three to two, they voted against certifying the results of the primary election. Commissioner Mike Clark, a Republican, explained his no vote at a public meeting.
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MIKE CLARK: I'm not going to cosign for this, I'm not going to vouch for it, I'm not going to say how great it was because I don't believe it.
LANGFITT: Clark said Washoe, a swing county of nearly half a million in the High Desert, had made various errors in conducting the election. Some skeptical members of the public went further. They claimed a conspiracy.
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NICK MARTIN: Our elections have been hijacked by someone or something - can't certify this recount.
KELLY STEVENS: How can you all tell us that these elections are free and fair and support democracy? They don't.
ROBERT BEADLES: Conservatives are being railroaded. We're being railroaded.
LANGFITT: That was Robert Beadles, an election denier who's given more than $800,000 to GOP candidates over the past two years. The other two voices belong to two other local citizens, Kelly Stevens and Nick Martin (ph). Nevada Secretary of State Cisco Aguilar, a Democrat, was shocked by the unprecedented vote.
CISCO AGUILAR: I reached out to the attorney general, and I said, we have to get before the Nevada Supreme Court as fast as possible.
LANGFITT: The attorney general sued the board members, pointing out that by law, certification is just a clerical duty. The commissioners have no discretion. It's not their job to challenge vote tallies. That can be done in the court. Aguilar said the lawsuit sent a message.
AGUILAR: We are going to give what Nevadan citizens expect of us, and that's leadership. And we're going to hold people accountable who are choosing to be bad actors.
LANGFITT: A week later, two of the three Washoe commissioners reversed their votes, and the panel certified the results. Commissioner Mike Clark explained why he voted yes this time around.
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CLARK: I have been told that a failure to vote to certify this election can subject me to criminal prosecution and forfeiture of office. As such, my vote today is being made under extreme duress.
LANGFITT: Hello, commissioner.
CLARK: Hi. How are you?
LANGFITT: I met Clark last week at the Elks Lodge here in Reno, the Washoe County seat. Clark says he's not a bad actor. He just wants to improve the election process here.
CLARK: I've never been an election denier. I've won all six elections that I've been in. I mean, I'd be a fool to be an election denier if I've never been defeated.
LANGFITT: After November 5, when you're asked to certify, what will you do?
CLARK: Well, I'll certify. But when it's a ministerial duty for us to do that, why even have us in the loop?
LANGFITT: If Clark chafed at the suit, Alexis Hill, the chair of the Washoe Board of Commissioners, welcomed it. Hill's a Democrat and voted for certification.
ALEXIS HILL: This is probably the only time I'll be excited that the county commission was sued by the AG's office. It was embarrassing, but it was good because we need to follow the rule of law. And I feel like that is sometimes slipping.
LANGFITT: Election experts see the Washoe case as an encouraging sign for the nation as voting concludes tomorrow. It shows how attorneys general have the will and tools to ensure certification. Nikhel Sus is deputy chief counsel for Citizens for Responsibility and Ethics, a watchdog group in Washington.
NIKHEL SUS: It is something that should be highlighted to voters because voters' confidence should not be diminished. Like, these efforts are not going to work. They have not worked historically, and they're not going to work this time.
LANGFITT: But Hill says that doesn't mean all will go smoothly here.
HILL: On November 5, I think there are some concerns about potential violence. The governor has put the National Guard on standby to help with the local sheriff's office.
LANGFITT: Followed by the certification, which, depending on who wins, could get ugly.
Frank Langfitt, NPR News, Reno. Transcript provided by NPR, Copyright NPR.
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