Hawaii trip should not impede court ruling on special election

By Cy Ryan

Saturday, May 28, 2011 | 1:55 a.m.

CARSON CITY — A pending case before the Nevada Supreme Court that could impact a special election shouldn’t be impeded by a trip to Hawaii planned by four members of the court, Chief Justice Michael Douglas said.

The justices, scheduled to attend a Nevada State Bar convention, may decide to cancel the trip or could work from Hawaii by using email and telephone conferences, Douglas said. The trip is planned for mid June.

The seven-member court is being asked to review a District Court judge’s ruling that the major political parties select nominees for a Sept. 13 special election to fill the seat in Congress vacated by Dean Heller, who was appointed to the U.S. Senate after John Ensign resigned.

The ruling by Carson District Judge Todd Russell reversed an order by Secretary of State Ross Miller that the race be open to all candidates.

Miller has said he needs a ruling by July 6 to get ballots printed, delivered to the counties and sent to military members overseas 45 days before the election, as required by federal law.

In another case, Gov. Brian Sandoval is asking the court to clarify a ruling that the state cannot take $62 million in user fees collected by the Clark County Clean Water Coalition for a scuttled water project.

Specifically, the administration is seeking guidance on whether the ruling applies to other money the state has sought to appropriate — $656 million combined — to fill a hole in the state budget.

The administration is seeking a quick ruling, because the Legislature adjourns June 6.