The legal reasoning used by the state’s top election official to determine how candidates will be chosen for a special election to fill Nevada’s vacant U.S. House seat was “unreasonable and absurd,” a state judge said Monday.
The 12-page written order released by Carson District Judge James [Todd] Russell codifies his verbal bench ruling last week and sets the stage for an appeal to the Nevada Supreme Court.
Secretary of State Ross Miller said the Sept. 13 special election would be an open contest, with the 2nd Congressional District seat going to the candidate who gets the most votes.
But he also set different rules for minor political parties and independent candidates, who would have to be designated by their party executive committee or file a petition with signatures of 100 registered voters to get on the ballot.
The state Republican Party sued, arguing major political parties should be able to pick their candidates. The Democratic Party sided with the secretary of state. Russell agreed with the GOP.
“This is an unreasonable and absurd result; and results in unfair treatment,” he wrote.