Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Wed Thu Fri Sat Sun Mon Tue

sponsored by
News


Secretary of state clarifies rules for recalling officials

Nevada high court decision cited as reason




A new interpretation of Nevada law by Secretary of State Ross Miller will make it harder to recall elected officials and could complicate efforts to get several statewide initiatives on the ballot.

Miller's interpretation allows voters to sign a recall petition only if they participated in the election in which the targeted official was elected.


Most Popular Stories
  • Traffic accident claims life of longtime, successful lawyer
  • One motorcyclist killed, another critically injured in accident
  • NORM: Buchanan called 'larger than life'
  • THE FACES OF JOBLESSNESS: Family had to get help for first time
  • NORM: Marie Osmond, manager battling
  • Nurseries fence out day laborers
  • Second person dies after being restrained by police
  • NORM: Agassi reveals bad vibes with Shields
  • North Las Vegas motorcyclist killed in collision while racing, police say
  • Las Vegas police make arrest in 2008 slaying




  • It also requires that the address included with a signature on a ballot petition -- recall or otherwise -- match that voter's registration information. If it doesn't, a clerk must notify the voter and clear up the discrepancy before counting the voter's signature.

    Miller's deputy for elections, Matt Griffin, said the interpretation was issued Tuesday in response to "general questions we get all the time" and specific inquiries about recall petitions now circulating in Boulder City.

    "From what I gathered, there was no uniform understanding of who can sign recall petitions," Griffin said.

    The interpretation was based in large part on a 1994 Nevada Supreme Court case. Griffin said the secretary's action simply clarifies the rules for recall and other petitions as outlined in that high court ruling.

    But Clark County Registrar of Voters Larry Lomax said none of the recalls in the county since 1994, including the 2005 ouster of Las Vegas City Councilwoman Janet Moncrief, was done the way Miller says they should have been.

    Instead, the county has been allowing any registered voter to sign a recall petition, regardless of whether the voter took part in the election of the official targeted for recall.

    The addresses on petitions haven't been checked against voter registration information, Lomax said, because "there is nothing in the law that says you have to keep your address current (with the registrar) to be a registered voter."

    Lomax said he doesn't agree with Miller's readings of the law but added his office will abide by them.

    "I don't think they're correct, and when I say that, I mean statutorily," he said.

    Griffin said he is aware of Lomax's objections, but the interpretation was reviewed by several attorneys in Miller's office and discussed at length with the Nevada Attorney General's Office.

    "We're going to disagree on things," Griffin said of Lomax.

    The county registrar also isn't thrilled about Miller's action because it could prompt a legal challenge that delays preparations for the Nov. 4 general election.

    In the past, court challenges have forced county election officials to reprint ballots and other materials at the last minute and at a cost of several hundred thousand dollars.

    "Whenever you open something up to go to court -- and in my view that's what this does -- it can ripple to our ability to conduct the election," Lomax said. "And that's not good in a presidential election year.

    "We've got enough to worry about."

    The address verification requirement could mean more work for the various groups now collecting signatures for statewide ballot initiatives, though some were already operating under the rules laid out by Miller.

    Attorney Kermitt Waters is the man behind four such petitions, two that would have let voters decide whether to triple the state's gaming tax rate, and two that sought to rescind parts of a 2005 state law used by a judge to disqualify his gaming tax petitions.

    Waters said people who sign his petitions already are asked whether the addresses they write down match their voter registration information. "We operate as if that was the rule already," he said, "but it's another example of how the government tries to keep the initiatives off of there."

    Lomax doesn't know about that, but he said Miller's action "is going to make it much harder to get a recall petition through."

    For recall organizers in Boulder City, for example, Miller's interpretation significantly reduces the number of people available to sign their petitions. Instead of going after all of the city's almost 10,000 registered voters, petitioners will have to focus on the roughly 5,000 people who voted when City Council members Travis Chandler and Linda Strickland won their seats last year.

    "We see it as just another challenge," recall organizer Christine Milburn said. "We have to roll with the punches."

    To force a recall election, Milburn and company have until mid-June to collect 1,085 valid signatures against Strickland and 1,268 signatures against Chandler.

    "I can tell you we're well, well on our way," Milburn said. "We have that 90-day window, but we don't plan on using (all of) it."

    Contact reporter Henry Brean at hbrean@reviewjournal.com or (702) 383-0350.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 10 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    ton pauly wrote on March 29, 2008 01:09 PM: Al;
    So, since you didn't vote on the original Nevada Constitution in 1863, you'll abstain from voting today?

    Yaeh, right.


    Report abuse

    endrun wrote on March 28, 2008 05:16 PM: Al Katraz,

    Do you vote the same way every time? Seems thats the problem.


    Report abuse

    endrun wrote on March 28, 2008 05:14 PM: beamer,

    Its called the Supreme Court. They will interpret for you in favor of the status quo.


    Report abuse

    Al Katraz wrote on March 28, 2008 11:15 AM: Wow...most of you posters should take some time out to find that guy that was on the grassy knoll.
    The fact is, I vote every election, and I don't want some schlub who didn't vote to be able to retroactively change the results.


    Report abuse

    beamer wrote on March 28, 2008 10:48 AM: Dave L- There's always time for reinterpretation, of course! A further clarification?


    Report abuse

    Dave L wrote on March 28, 2008 09:59 AM: Just as legislative action yesterday cannot bind the hand of the legislature in the future, a voter of yesterday cannot bind the hand of a voter today.

    Miller is wrong. I'm surprised he didn't go whole-hog and limit the recall petition to only people who voted FOR the candidate up for recall.


    Report abuse

    Tony wrote on March 28, 2008 09:51 AM: This is an issue for the Nevada Attorney General, not the Sec of State!
    Miller is way out of bounds on his interpretation.


    Report abuse

    Are the good ole boys nervous wrote on March 28, 2008 09:44 AM: They sure do cover their A$$ don't they. They do realize that people are fed up. So, they are going to make it as difficult as possible for the citizens to do anything about it. Well how bout we just vote out all incumbents. And beware they will have back ups running in these elections. They won't give up this money making just us government easily.


    Report abuse

    nvkorruption wrote on March 28, 2008 09:33 AM: A Nevada official worthy of recall is more than likely corrupt. Its difficult to run an office behind bars where many of these officials need to be.
    A federal prosecution for public corruption and most likely a dozen unlawful acts should beat Miller's recall interpretation.
    Any taxpaying registered voter should be allowed to have a say in wheteher an official should remain in office based on reasonable evidence that the official has violated applicable standards.
    Why would an official want to remain under certain circumstances is nuts anyway.


    Report abuse

    Rodman wrote on March 28, 2008 08:29 AM: To bad a young politician who looked like he might be decent has swung over to the protect the good old boys. Must be getting lessons from his father.