Mark Waite
The picture cleared up for the Sept. 13 congressional election when the Nevada Supreme Court Tuesday upheld a Republican Party lawsuit, limiting the field of candidates to one nominee from each party.
Republicans nominated former State Sen. Mark Amodei, Democrats chose State Treasurer Kate Marshall to fill the vacant seat when U.S. Rep. Dean Heller was appointed by Gov. Brian Sandoval to the U.S. Senate to replace John Ensign, who resigned in disgrace.
Nye County Clerk Sam Merlino said two other candidates will be on the ballot: Independent American Party candidate Timothy Fasano and independent candidate Helmuth Lehmann.
Nevada Secretary of State Ross Miller said Wednesday was the last day he could get a court ruling in time for the Sept. 13 election. He had suggested a wide open election in which anyone could run.
After the decision, Miller issued this prepared statement: “I appreciate the Supreme Court’s expedited deliberation in this case. The justices have issued a well-reasoned opinion that allows my office to move forward with the important business of conducting a special election to fill the vacancy in the U.S. House of Representatives.
“Throughout the proceedings in the District Court and the Supreme Court, there has been much discussion about the lack of a legislative history and the perceived ambiguity in the law that led to my interpretation clarifying how to conduct a special election in these circumstances. I fully respect the Supreme Court’s decision and will conduct the special election.”
Miller’s office received applications from 18 Republicans, nine Democrats, four independents and a Libertarian to run in the special election. The Republicans also included Kirk Lippold, the commander of the USS Cole and State Sen. Greg Brower, a former U.S. attorney in Las Vegas. Former Esmeralda County Commissioner R.J. Gillum, running as a Democrat, was almost the only candidate who wasn’t from the Reno area.
Registered Republicans outnumber Democrats in the congressional district which includes all of Nevada outside of Las Vegas by 30,918 voters, 172,129 to 141,211. Another 60,232 voters listed themselves as non-partisan, there were 19,114 Independent American Party members, 2,722 Libertarians and 1,184 Green Party members.
The Nye County clerk is hustling to get ready for the special election.
“We got the notice yesterday. We already have been in contact with our printers,” Merlino said. “We’re getting the ball rolling as fast as we can.”
The Pahrump Nugget Casino will be the one polling location in Pahrump, instead of multiple locations. The Bob Ruud Community Center is closed for repairs, while another polling place normally used, Manse Elementary School, is being replaced by a new school. But primarily, Merlino hopes to save money on election costs.
In another cost-saving measure, Merlino is requesting permission from the secretary of state to have mail-in balloting for Beatty, Amargosa Valley and Smoky Valley. She wants to see if the town boards in those areas favor the idea, county commissioners didn’t object when Merlino mentioned the proposal at a Tuesday meeting.
“It’s purely a resource staff and cost savings effort for the election. It’s definitely not a means to disenfranchise any of those voters. This will actually make it easier for them to vote if they receive a ballot,” Merlino said.
If the county clerk gets approval, voters in those areas can always vote early at the Pahrump or Tonopah courthouse from Aug. 27 to Sept. 9, eliminating the need to vote by mail, she said.
“Right now we have eight mail-in precincts because they don’t have the voter population to justify a polling place. But the new statutes do allow us to create for certain elections these absentee mail-in precincts for certain reasons if we feel it will be beneficial,” Merlino said.
The county will already have to pay about $45,000 for the special election if the mail-in plan is approved, Merlino said. There is no indication yet if the state will pay for any of those costs, she said.
The special election doesn’t normally require publishing notices but the county will have to advertise the change in polling places, Merlino said. Poll workers are paid $105 per day, the chairman receives $130, she said. In addition the county has to pay to rent certain facilities used as polling places, she said.
Aug. 13 is the last day to register to vote by mail in the election. Aug. 27 is the last day to register to vote in person. Sept. 6 is the last day to request an absentee ballot in writing.
Whoever wins the Sept. 13 special election may not represent Nye and Esmeralda counties in the November 2012 regular election.
Proposed redistricting maps in the 2011 Legislative session suggested moving Nye and Esmeralda counties to congressional district 3, now represented by U.S. Rep. Joe Heck, R-Nev., based in Henderson. But after Sandoval vetoed the two Democratic plans, the Legislature never finished the job during the regular session and redistricting will be decided in court.
