Appeal filed over ruling that parties can select candidates for open congressional seat

By Steve Kanigher

Tuesday, May 24, 2011 | 4:40 p.m.

Nevada Secretary of State Ross Miller and the Nevada State Democratic Party on Tuesday filed appeals with the Nevada Supreme Court challenging the ruling of a District Court judge who said political parties can choose their candidates for the open 2nd Congressional District seat.

The appeals follow Carson City District Judge Todd Russell’s ruling last week in favor of the Nevada Republican Party. The party challenged Miller’s opinion that a special election to replace Republican Sen. Dean Heller be open to all candidates.

The vacancy to represent the congressional district that covers all of rural Nevada, Reno and portions of Clark County, was created when Gov. Brian Sandoval selected Heller to replace fellow Republican John Ensign, who resigned from the Senate.

Miller additionally requested that the Supreme Court expedite the appeal and accept opening briefs by May 31, answering briefs by June 8 and reply briefs by June 13.

The state Attorney General’s Office, meanwhile, has asked the Nevada Supreme Court to speed up handling of appeals on the lower court ruling.

The Supreme Court has not decided yet whether it will accelerate the handling of the case.

The special election is set for Sept. 13.

Sun reporter Cy Ryan contributed to this report.