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Gilbert sues over primary election loss

Updated July 16, 2022 - 7:46 am

RENO — Joey Gilbert, a Reno attorney and former Republican candidate for governor, continued his battle to challenge the June primary election Friday, filing a lawsuit seeking to invalidate the results.

The lawsuit, which runs to 159 pages with exhibits, was filed with in the Carson City District Court and formally contests Clark County Sheriff Joe Lombardo’s primary election win.

Gilbert, through the lawsuit, alleges the election results “erroneously” determined Lombardo as the winner because of a “mathematical issue,” which, when corrected, would show Gilbert won the primary contest by “more than 50,000 votes.”

“Mr. Gilbert accepts the votes as counted. However, he will prove that the results as announced is a mathematical impossibility,” the lawsuit said.

The lawsuit goes on to allege an “illegal geometric formula” was used to alter the way votes were counted.

Lombardo is named as a defendant in the case, as are several government officials, whom Gilbert alleges “failed” to enforce accurate reporting of election results by not providing “accurate vote count equipment.”

Gov. Steve Sisolak and Secretary of State Barbara Cegavake are named in their official capacities, as are Clark County Registrar of Voters Joseph Gloria, Clark County Commission Chair Jim Gibson, Washoe County Registrar of Voters Deanna Spikula and Washoe County Commission Chair Vaughn Hartung.

Despite the long list of defendants, the lawsuit said that Gilbert isn’t alleging fraud and instead seeks to correct the math.

The lawsuit calls for a manual hand count or “correct statistical analysis” of the vote, a statewide investigation of the “existing voting program,” and inspection of reports and test ballots.

The lawsuit was filed by Las Vegas attorney Craig Mueller.

The move is the latest in Gilbert’s efforts to challenge the election results. The Reno attorney requested a recount after the June election, the results of which reduced Gilbert’s original statewide vote count by six, according to election officials.

Lombardo received roughly 26,000 votes more than Gilbert in the primary.

Contact Taylor R. Avery at Tavery@reviewjournal.com. Follow her at @travery98 on Twitter.

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