Former NLV councilman contests election loss in court

By Aida Ahmed

Wednesday, July 27, 2011 | 5:10 p.m.

In the continuing saga of North Las Vegas politics, former Councilman Richard Cherchio on Wednesday filed court papers contesting the Ward 4 election in June that he lost by one vote to Wade Wagner, who has since been seated on the City Council.

After a recount of the votes requested by Cherchio on Friday, the Clark County Election Department concluded that Wagner won by a single vote.

Cherchio’s attorney, Bradley Schrager, said the recount was only a “snapshot” of the votes cast during the election and doesn’t take into account mistakes made by election workers.

“There is at least one invalid ballot cast in Ward 4,” Schrager said. “A one-vote margin is sufficient to cast legal doubt on the results.”

The complaint filed by Cherchio on Wednesday claims that at least two other voters were permitted to cast invalid ballots in the election.

In the June 7 general election, Wagner received 1,831 votes and Cherchio got 1,830. Clark County Registrar of Voters Larry Lomax said one illegal ballot was cast in Precinct 4306, but that it was impossible to tell whom the person voted for.

The City Council voted to hold a special election on July 19 that was halted after District Judge Elizabeth Gonzales sided with Wagner that the city should canvass and certify the votes.

Wagner was sworn in as councilman July 18, and the city plans to canvass the results of the recount at a special meeting July 28.