A judge has refused Donald Trump's move to sue a county registrar to cast aside votes after a polling station stayed open two hours longer.

Las Vegas judge Gloria Sturman told Trump's lawyer on Tuesday "I'm not going to issue any order. I'm just not going to do it," reported Bloomberg.

Trump sued Clark County registrar of voters Joe Gloria on Monday. He claimed that a polling station at one market stayed open until 10pm in the hotly contested state of Nevada.

Trump wants to cast away votes in Nevada after a polling booth stayed open two hours late. AP/Evan Vucci
Trump wants to cast away votes in Nevada after a polling booth stayed open two hours late. AP/Evan Vucci

Trump's campaign stated in its petition that the polling station should have closed at 8pm and that the ballots and voting machines involved should be set aside pending any challenges to the election results.

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At least three other polling stations in the county, including one on the Las Vegas Strip, stayed open past the official 8pm closing time, according to the lawsuit, reported Bloomberg.

A poll watcher said as many as 300 people came in to vote after 8pm.

Sturman explained in court that the campaign had "jumped a step" by coming to her for a court order first before taking its concern to county officials.

The county lawyer stated that the early ballots from the four polling sites had already been downloaded and co-mingled with other early ballots. They said it was also common to let people get in line after the official closing time in early voting, unlike on election day when people can't get in line when the polls close.

The case comes as Trump warns his supporters the results of the election might be rigged in favour of Democrat Hillary Clinton.

Democrats recently won a court order in Ohio barring what they called voter intimidation by Trump's backers, but similar bids have so far been rejected in Nevada, Arizona and New Jersey.