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Ross Miller, the Clark County Commission candidate who finished ahead in the race by 10 votes, is suing to stop a special election after no victor was certified.

Miller, a Democrat and former Nevada Secretary of State, finished with 76,586 votes in the race for Commission District C. Republican and current Las Vegas City Councilman Stavros Anthony finished with 76,576 votes.

During Monday’s canvass of the votes, Clark County Registrar of Voters Joe Gloria said elections staffers identified 139 discrepancies that could have affected the race.

The Clark County Board of Commissioners declined to certify the race, saying they would pursue holding a special election instead.

Anthony welcomed a special election, saying in a statement Tuesday the decision was in the best interest of the voters in District C.

Miller, however, is asking for a judge to issue an order preventing the Board of Commissioners from moving forward with a special election and to certify the results of the election.

In a complaint filed in Clark County District Court Tuesday, Miller argues that the Board of Commissioners “exceeded its authority by voting to hold a special election” when it has a statutory obligation to canvass the votes and instruct the registrar to certify the results.

Miller’s complaint states that other than six instances of possible double voting, Gloria did not identify any suspected misconduct or fraud in the race.

He also argues that an assistant district attorney appeared to predict a judge would order a new election if Anthony challenged the results.

“The assistant district attorney did not even mention the possibility that a court would rule differently than she opined, nor did she advise the board as to the quality and/or quantum of evidence that would be needed for the challenger to prevail,” the complaint states.

“Rather, she advised the board that it had the power and authority to refuse to certify and to order the new election without needing to wait for a court to do so.”

Commissioners voted to certify the results in every other race held in Clark County.