Las Vegas Sun

March 28, 2024

Nevada Supreme Court suggests delay for special House election

Updated Tuesday, May 31, 2011 | 5:34 p.m.

Sun Coverage

CARSON CITY – The Nevada Supreme Court says it needs more time for a “thoughtful and considered” review in the dispute of the Sept. 13 special election to fill a seat in the U.S. House.

The deadline, said Chief Justice Michael Douglas, provides “significant challenges” for the court to examine the case.

In an order addressed to Secretary of State Ross Miller, Douglas questioned whether the election date could be reset. The chief justice said Gov. Brian Sandoval scheduled the election 127 days after issuing his proclamation. The law allows for the election to be within 180 days of the proclamation.

Dale Erquiaga, senior adviser to the governor, couldn't be reached for comment on whether Sandoval would push back the election date.

The court also ordered both sides to submit a supplemental brief on June 6 of no more than 10 pages.

Miller, the chief election officer for the state, and the Democratic Party have appealed to the Supreme Court to allow an open field of candidates.

District Judge Todd Russell ruled the major parties must choose a nominee to represent them in the special election.

Miller has told the court he needs a decision by July 6 for the preparation of the ballots and mailing to military members and citizens overseas.

John Ensign resigned from the U.S. Senate and the governor named then-Rep. Dean Heller to succeed him.

The website of the secretary of state shows 25 candidates who have filed for the post, which represents a slice of Clark County and the rest of Nevada.

There are 12 Republicans, eight Democrats, four independents and one candidate from the Independent American Party. Filing closes June 30th

The Democratic Party and the state attorney general’s office filed their opening briefs Tuesday asking the Supreme Court to overturn the Russell ruling.

Deputy Attorney General Kevin Bacon, representing the secretary of state’s office, said “Nevada’s special election laws do not permit major political parties to control who may run in a special election to fill a vacancy in the office of the Representative in Congress.”

The Democratic Party brief, authored by Las Vegas lawyer Bradley Scott Schrager, said the interpretation of the law by the secretary of state was reasonable and “should be afforded deference.”

Schrager said that in a wide open election the Republican Party is still free to recruit its favorite candidate and publicly endorse him or her. That party is free to spend money for the candidates it supports, he said.

The Republican Party will file its answering brief June 6.

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