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Joey Gilbert sanctioned in election lawsuit

Updated September 22, 2022 - 4:34 pm

RENO — A Carson City District Court judge granted Clark County Sheriff Joe Lombardo’s motion for sanctions against Reno attorney Joey Gilbert Wednesday, following the dismissal of Gilbert’s election contest lawsuit last month.

District Judge James Wilson awarded Lombardo nearly $88,000 in costs after finding Gilbert’s lawsuit, which contested the results of the Republican primary for governor, was “a frivolous action that warrants sanctions,” according to the judge’s order. The judge also awarded Lombardo attorney’s fees.

Gilbert’s lawsuit, which was based on the findings of Max Solomon, alleged that the results of the June primary election were incorrect due to a “mathematical issue.”

The lawsuit was dismissed on Aug. 10 after the judge ruled there was “a clear absence” of evidence to support his claims. Solomon was also determined to be unqualified to appear as an expert before the court, which voided his findings.

The judge’s Wednesday order again highlighted the lawsuit’s lack of evidence.

“But, even if his claim regarding mathematic or geometric “impossibility” was true, Mr. Gilbert still did not have any competent evidence to demonstrate that he won the 2022 Primary as would be required to prevail,” the order reads.

Attorneys for Lombardo filed the motion for sanctions on Aug. 19, a little over a week after the judge dismissed Gilbert’s lawsuit. Lombardo has until Oct. 11 to submit a document detailing attorney’s fees accrued throughout the lawsuit.

Prior to filing the lawsuit, Gilbert requested a statewide recount of the votes in the Republican primary, which confirmed Lombardo’s 26,000-vote win over Gilbert.

Following the lawsuit’s dismissal, Gilbert campaign consultant Paul White said the campaign would continue to fight the results and would “move forward legally in any possible way.”

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

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