Lyon County District Judge David Huff has issued a temporary restraining order preventing Fernley officials from swearing in Don Parsons as Ward 2 councilman.
The petition was filed by Secretary of State Ross Miller, who said the race was decided by just three votes while voters in 50 homes in that ward did not get to vote in the council race because it wasn't on their ballots.
"Part of my responsibility as the state's chief elections officer is to ensure that every voter has an opportunity to cast a correct ballot, that every ballot is counted and that the laws regarding elections are consistently applied," Miller said.
He asked for the restraining order as part of his petition for a new election race between Parsons and Don Howard.
Miller's petition argued a new election is needed, "because the swearing in of Mr. Parsons will result in irreparable injury by disenfranchising lawfully registered voters who were precluded or prevented from voting for a Ward 2 city councilman at the general election."
"The law clearly states that the lawfully registered voters who were unable to vote due to an election error shall be allowed the opportunity to participate in that election," Miller said.
Judge Huff set a hearing on the issue for Jan. 26.