70°F
weather icon Windy

Joey Gilbert’s election contest lawsuit dismissed by judge

Updated August 11, 2022 - 12:03 pm

RENO — A Carson City District Court judge on Wednesday dismissed Reno attorney Joey Gilbert’s lawsuit contesting June’s primary election results after finding a “clear absence” of evidence to support his claims of mathematical issues with the results.

District Judge James Wilson granted a motion for summary judgment, dismissing the case ahead of a Friday scheduled hearing on the matter. The case was dismissed with prejudice, which means it cannot be refiled.

The lawsuit, which was filed by Gilbert on July 15, contested Clark County Sheriff Joe Lombardo’s primary election win by alleging the results were incorrect due to a “mathematical issue.”

“Based on a geometric and mathematical analysis of the votes as counted and announced by the Counties in Nevada, Contestant Joey Gilbert disputes this alleged result,” the lawsuit said. “Mr. Gilbert accepts the votes as counted. However, he will prove that the result as announced is a mathematical impossibility.”

A large portion of the lawsuit is based on mathematical formulas prepared by Edward Solomon, who was later determined to be unqualified to be an expert in front of the court. Gilbert’s lawyers didn’t call him as a witness, a move, combined with Solomon’s status as a “non-expert,” voided his findings as “inadmissible hearsay,” according to the judge’s ruling.

“Mr. Gilbert cannot demonstrate there is evidence sufficient to raise reasonable doubt as to the outcome of the election. Nor is there any competent evidence that the election board or any member thereof was guilty of malfeasance,” the judge’s ruling said.

Gov. Steve Sisolak and Secretary of State Barbara Cegavake, among other state government officials, were originally named in the lawsuit but were later dropped.

The lawsuit was filed after Gilbert requested a statewide recount of the vote, which confirmed Lombardo’s victory. Gilbert lost the primary election to Clark County Sheriff Joe Lombardo 38.4 percent to 27 percent, a difference of 26,000 votes statewide.

Gilbert campaign consultant Paul White said Wednesday that the fight was not over.

“We feel we have absolute conclusive evidence. The fight continues to find a judge that has the courage to say there’s evidence beyond question that it was rigged,” said White. “We’re going to move forward legally in any possible way.”

The ruling can be appealed to the Nevada Supreme Court.

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

Gilbert v. Sisolak by Steve Sebelius on Scribd

Gilbert v. Sisolak ORDER by Steve Sebelius on Scribd

Don't miss the big stories. Like us on Facebook.
THE LATEST
Aging Hoover Dam may get $45M for maintenance

It will take tens of millions of dollars to repair and improve the dam over the next 10 years, officials estimate.

Why RFK Jr. might not be on Nevada’s ballot

Robert F. Kennedy Jr.’s campaign said it had enough signatures to appear on Nevada’s ballot, but the petition didn’t name a vice president, as state law requires.

 
Nevada terminates grants to immunization nonprofit

A nonprofit will have grants terminated after state officials say it failed to pay over $400,000 to vendors despite the state reimbursing it for those payments.

Nevada secretary of state responds to House committee inquiry

Cisco Aguilar calls for federal funding in elections and action to protect election workers in his response for an explanation on how the recent voter history glitches occurred.

 
Popular Red Rock Canyon trail getting a makeover

About $27 million is dedicated to improving Nevada’s public lands through the Bipartisan Infrastructure Law and the Inflation Reduction Act.