Good morning! Here’s a quick 🧵on the state of play in #nvleg after last night’s election results (caveat that there’s still a lot of mail ballots to process in Clark + Washoe).
Coming into the midterms, Assembly is 26D-16R and Senate is 12D-9R.
Of 11 Senate races on the 2022 ballot, Dems and GOP can count on winning 4 races each (SD2, SD10, SD13, SD21 for Dems, SD14, SD16, SD17, SD20 for GOP).
There are 10 senate seats not on ballot -Dems control 6 seats, GOP controls 4.
The remaining three Senate seats (all in Clark County) are all very close and represent the difference between GOP control (11R-10D) or continued Dem majority just short of supermajority (13D-8R).
Here’s the status of those three races:
SD8: Paulos (R) leads Sen. Dondero Loop (D) by 686 votes, or 1.5% (GOP flip)
SD9: Sen. Scheible (D) leads Brown (R) by 1,403 votes, or 3.8% (Dem hold)
SD12: Pazina (D) leads Arrington (R) by 632 votes, or 1.44% (Dem flip)
Expectation is remaining mail votes in Clark will favor Dems, but hard to tell how much margins will shift in #nvleg races given smaller pool of voters. In 2020, Sen. Cannizzaro (D) was behind on election night but caught up after several days of mail vote
Yesterday, President Trump retweeted a tweet stating that an audit of voting machines in Nevada showed a 70% error rate. This is clearly not true, but this (at least to me) is a new unsupported fraud claim promoted by the president. So where did it come from?
As far as I can tell, it comes from a prominent/anonymous right-wing Twitter account that misunderstood how Clark County's signature verification machine/process works, and claimed that there was an error rate of 70%
Clark County used an Agilis machine for signature verification. The 70% figure refers to the rough estimate of ballots that are not "matched" by the machine to signatures on file, and are then hand-checked by election workers.
@TheNVIndy From ruling: "To prevail on this appeal, appellants must demonstrate error of law, findings of fact not supported by substantial evidence, or an abuse of discretion in the admission or rejection of evidence by the district court...We are not convinced they have done so."
But the fact court asked for supplemental brief after hours is maybe a good sign for a ruling tonight - Ds want decision today (safe harbor deadline) and GOP wants to fully brief case/decision next week
Both the Trump campaign and Dems have filed supplemental briefs by the 7 p.m. deadline.
Another Trump NV election contest lawsuit update -- campaign is moving to disqualify Justice James Hardesty from participating in case
Here's the actual motion, where the Trump campaign is attempting to disqualify Justice Hardesty from NV election contest lawsuit because he congratulated the @NVSOS on carrying out an "extraordinarily successful election." beta.documentcloud.org/documents/2042…
Here is Justice Hardesty's response to the Trump campaign's motion to disqualify him from the election contest lawsuit in Nevada - says his comments to @NVSOS was "an appropriately courteous and professional response and in no way reflects any predisposition or opinion by me."
Tuesday is the "safe harbor" deadline, a key date where "states must certify results if they want protection under federal election law against Congress stepping in to decide which candidate gets their electoral votes." buzzfeednews.com/article/zoetil… via @ZoeTillman
In Nevada, the Trump campaign has filed a notice of appeal with Carson City District Court after its lawsuit seeking to block certification/switch NV's 6 electoral votes to Trump were rejected by Judge James Russell on Friday thenevadaindependent.com/article/judge-…
We're waiting for the actual appeal itself to be filed with the state Supreme Court, which will likely happen at some point today and ask for an expedited decision before the end of Tuesday
I'll be covering the 1:30 p.m. hearing on the Trump campaign's lawsuit (Law v. Whitmer) seeking to block NV's presidential results or have the state's 6 electoral votes assigned to President Trump.
Livestream link here:
Judge James Russell is in the court, we're getting underway
Judge Russell says "It is important for all Americans to have confidence that their governmental officials have conducted a fair open and free election."