Judge: No `competent evidence’ in Nevada primary challenge

August 11, 2022 GMT

RENO, Nev. (AP) — A judge who dismissed Republican Joey Gilbert’s lawsuit challenging his defeat in Nevada’s gubernatorial primary says Gilbert failed to present “any competent evidence” that he received more votes than GOP nominee Joe Lombardo.

“Mr. Gilbert cannot demonstrate there is evidence sufficient to raise reasonable doubt as to the outcome of the election,” Carson City District Court Judge James Wilson wrote in a formal order signed Thursday.

Gilbert’s lawyer didn’t immediately respond to requests for comment Thursday about the possibility of appealing the ruling to the Nevada Supreme Court.

Gilbert, a Reno lawyer who was outside the U.S. Capitol during the Jan. 6, 2021, insurrection, finished second in the June primary to Lombardo by 11 percentage points, or about 26,000 votes (87,761 to 61,738).

Without providing any evidence, Gilbert claimed a hand recount of ballots would show he really won the nomination by more than 55,000 out of the total 228,570 votes cast.


Wilson said during a status hearing Wednesday it wasn’t necessary to continue with a hearing scheduled Friday because he intended to grant Lombardo’s motion to effectively dismiss the case. He issued the formal order Thursday.

Lombardo, the sheriff in Las Vegas who was endorsed by former President Donald Trump, will face Democratic Gov. Steve Sisolak in November’s general election.