eighthjdcourt

Judge Trevor Atkin today denied Petitioner Dan Rodimer’s Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief; and dismissed the case related to the recent election in congressional district 3.

The order states: “Even if the Court had subject matter jurisdiction, Petitioner’s Petition fails as a matter of law. Here, NRS 293.465, relied upon by Petitioner, is inapplicable in the given that it deals with prevention of elections. However, no ballots were “lost or destroyed” within the meaning of NRS 293.465 in the general election. The instant matter is distinguishable from LaPorta because the general election was not prevented as the ballots were available and counted. Further, the general election
was not prevented by the absence of ballots. Therefore, NRS 293.465 is
inapplicable to the instant matter and unavailable as a means to seek the sought after relief.”

The Order continues: “This Court also considered Petitioner’s argument in his opposition to the Nevada State Democratic Party’s Motion
to Dismiss that “the ballots in question did not simply contain the names of candidates for United States Senator or Representative in Congress; rather, the ballots contained the names of all the candidates in all other race.” However the Court found this assertion unpersuasive given Petitioner, a candidate for U.S. Congress is seeking the relief sought and such relief is expressly impermissible under NRS 293.407(1).”

Tags: Congresswoman Susie Lee, Dan Rodimer, election lawsuits 2020, NV election lawsuits, Trevor Atkin