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December 15, 2018

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Nevada Supreme Court rules Scott Ashjian ballot appeal moot

Updated Thursday, Oct. 28, 2010 | 5:38 p.m.

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Jon Scott Ashjian

CARSON CITY – The Nevada Supreme Court on Thursday criticized the Independent American Party candidate for the U.S. Senate for his tardy processing of an appeal to knock the Tea Party of Nevada candidate off the ballot. The court dismissed the appeal.

Tim Fasano filed an appeal with the court in May to remove Tea Party of Nevada candidate Scott Ashjian from the ballot. He didn't ask for a speedy handling of the case until September, then Fasano filed his final reply brief on Oct. 6.

The court, in dismissing the appeal, said it was the unexplained delay of Fasano in “prosecuting this appeal that has prevented this court from meaningfully considering the issues that were properly raised without disrupting the election process.”

The absentee ballots for overseas voters have been distributed and June 15 was the deadline for altering the general election ballot had passed.

It also rejected a motion of Fasano, who wanted the court to issue a statement that Ashjian was unqualified to take office because he made a false statement to get on the ballot. The court said that issue was never raised in district court.

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