Nevada: Supreme Court Set To Weigh In On Special Election In 2nd Congressional District | Nevada News Bureau

Attorneys for the state Democrat and Republican parties argued their cases Tuesday before the Nevada Supreme Court over whether they should pick their candidates for the special election to fill the vacant 2nd Congressional District seat, or whether it should be a “ballot royale.”

The Democrat Party and Secretary of State Ross Miller, himself a Democrat, are asking the court to rule by July 6 that any and all comers should be able to file to fill the vacancy left with the appointment of former Rep. Dean Heller, R-Nev., to the U.S. Senate.

Attorneys for the Republicans say Miller exceeded his authority in making the election a free-for-all, and that the parties should select the single candidate to represent them in a special election that has been set for Sept. 13, although it is possible this date might have to be changed.

Nevada: Who rules Nevada’s elections? Court to decide. | Las Vegas Sun

Seems there’s nothing like a deadline, or perhaps a U.S. House vacancy, to focus the mind. That mantra apparently applied to both the Legislature — which passed a bare bones special election law eight years ago — and the secretary of state’s office, which never got around to writing regulations governing how a special election should be conducted.

Now that Nevada is facing its first U.S. House vacancy, the state Supreme Court will decide how the next representative from the 2nd Congressional District will be chosen. It’s a political process that most justices appeared uncomfortable wading into, based on questions they asked during oral arguments Tuesday on the case that will decide the matter.

“Why shouldn’t we let the secretary of state make this decision?” Justice Mark Gibbons said. “Otherwise we’re going to have judges running elections, and that may not be a good idea.”

Nevada: High court hears arguments on special election for House seat | ReviewJournal.com

Several Nevada Supreme Court justices suggested Tuesday that perhaps they should defer to Democratic Secretary of State Ross Miller to set the rules for a special election for Congress.

“Why shouldn’t we go along with the secretary of state?” asked Justice Kris Pickering during oral arguments that lasted less than one hour.

Justice James Hardesty said that when there are no clear regulations on election matters, the court should defer to the administrative decision. But he seemed to take positions on both sides of the matter Tuesday.

Nevada: High court hears Nevada special election case | StamfordAdvocate

The state Supreme Court is set to hear arguments Tuesday over who can appear on the special election ballot for Nevada’s open 2nd Congressional District seat.

Secretary of State Ross Miller and the Democratic Party have appealed a lower court ruling rejecting his position that the Sept. 13 election should be open to anyone who files their candidacy. Carson City District Court Judge James Russell in May said he was concerned that the rules set by Miller amounted to “picking and choosing” different provisions of election statutes.

The lower-court judge sided with the state Republican Party, saying major party central committees should choose their nominee. The GOP has selected former state Sen. Mark Amodei as their candidate; Democrats overwhelming chose state Treasurer Kate Marshall as theirs.

Nevada: Secretary of State says he can’t be sued | Las Vegas Sun

Secretary of State Ross Miller says he has sovereign immunity and cannot be sued by Democrats in the battle over reapportionment of four congressional seats in Nevada and the legislative districts.

Miller filed his answer this week to the complaint brought against him by Democrats in February to prohibit him from calling any future election based on the present invalid makeup of the districts due to the increase in population.

District Judge Todd Russell, who has been assigned the case, has set a hearing on July 12 to check the status of the complaint, set a briefing schedule and to schedule a formal hearing.

Nevada: Registrar says one-day vote would be cheaper than all-mail special election | ReviewJournal.com

It would be more expensive to conduct an all-mail election in Clark County for the 2nd Congressional District seat than holding a one-day election at polling places, county Registrar of Voters Larry Lomax said Tuesday.

Lomax said he informed Secretary of State Ross Miller that a mail-in election on Sept. 13 to fill the seat formerly held by Dean Heller would cost $75,000, compared to $33,000 for an election at 12 polling places with three workers at each place.

The reason is the U.S. Postal Service would require that all ballots be sent out and returned by first-class mail. There also would be printing costs for the ballots. “It would definitely be more expensive to do mail,” he said. “Until the Postal Service lets us use third-class mail, it is always going to be more expensive to do mail elections.”

Editorials: Steve Sebelius: Only drama in Nevada special election comes from court | ReviewJournal.com

This weekend’s Republican Central Committee meeting in Sparks had all the excitement of watching your favorite movie for the 113th time: Sure it’s fun, but you know exactly how it ends.

The selection of former state Sen. Mark Amodei as the nominee for the special election in the 2nd Congressional District was assured the moment Lt. Gov. Brian Krolicki, Amodei’s only real competitor, announced he would not seek the office.

The only question was by how much Amodei — who stepped down recently as chairman of the state party — would beat two other contenders, appointed state Sen. Greg Brower and former USS Cole skipper Kirk Lippold. As Amodei himself said, if he’d failed to win the nomination (or if he’d won it by a less-than-impressive margin) it would have sent a very strong message. But Amodei did win, and convincingly (221 votes to just 56 for Brower, his closest competitor).

Nevada: Secretary Of State Will Evaluate Mail-In Ballots For Special Election | Nevada News Bureau

Secretary of State Ross Miller is asking for information from county clerks and registrars about the possibility of using mail-in ballots for the upcoming special election to fill the vacant Congressional District 2 seat.

“One of our biggest concerns with the special election is trying to reduce the cost to taxpayers,” he said today. “And under new legislation, any county clerk or registrar can convert any precinct into a mail ballot-only precinct with the permission of our office.

“We’ve received several requests from some county clerks who want to at least explore that option and so we simply asked them to prepare some analysis and identify potential issues,” Miller said.

Nevada: Miller asks about vote-by-mail for special election | Reno Gazette-Journal

Democratic Secretary of State Ross Miller is considering having Nevadans vote by mail only for the upcoming special election for the open seat in Nevada’s 2nd U.S. House District as a way to save money.

Miller sent letters to Nevada’s 17 county registrars Thursday, asking them for costs estimates on running a mail-ballot only election instead of a polling-place format.

Dan Burk, the Washoe County registrar, said he likes the idea. “It would be cheaper for us to do it this way and certainly it would be easier for us to administer,” Burk said.

Nevada: Special election court hearing set in Nevada | ReviewJournal.com

The Nevada Supreme Court on June 28 will hear oral arguments on whether the special election to fill Dean Heller’s seat in Congress will be a free-for-all or be limited to candidates chosen by party central committees.

The court announced Wednesday that it has scheduled an hourlong hearing in the case of the Nevada Republican Party versus the Nevada Democratic Party. Each side will have 30 minutes to make its case. Thirty people already have signed up for the tentative Sept. 13 election for the 2nd Congressional District.

Nevada: Attorney General, Democrats argue special election should be wide-open affair | Las Vegas Sun

The secretary of state, as the resident expert on Nevada elections, should have the final word on the format for the race to fill the 2nd Congressional District seat, the attorney general and state Democratic Party argued in briefs filed with the Nevada Supreme Court.

The parties are asking the court to overturn a decision by District Judge Todd Russell in Carson City, who held that the central committees of the two major parties should nominate candidates for the Sept. 13 election. The secretary of state had opted for a wide-open special election.

The Supreme Court has requested the Sept. 13 election be delayed to give it more time to consider the issue.

Nevada: Court Suggests Delay For Nevada House Election | Eyewitness News 9

Nevada’s first special election to fill a House seat could be delayed because of a legal tussle over the contest rules.

The Nevada Supreme Court issued an order Tuesday directing the Nevada Democratic Party, the Nevada Republican Party and Secretary of State Ross Miller to address whether the September special election can be rescheduled. The political parties and Miller disagree on the rules of the contest to fill the seat left vacant when Republican Dean Heller was appointed to the U.S. Senate.

Nevada: Nevada Supreme Court to hear appeal on special election | ReviewJournal.com

The Nevada Supreme Court indicated Tuesday that it needs more time to rule on a key election procedure than a planned Sept. 13 election date would allow.

As a result, Nevadans in the district — which encompasses all of Nevada with the exception of urbanized areas of Clark County — might not get to vote on Heller’s replacement until October or even November. The replacement would fill out the last year of Heller’s unexpired term, thereby getting a leg up on the competition in the 2012 election.

Editorials: Jon Ralston: If only Heller had done his job as secretary of state, we wouldn’t have mess to replace him as U.S. representative | Reno Gazette-Journal

If only Secretary of State Dean Heller had written regulations for a House special election, we wouldn’t have such controversy over filling U.S. Sen. Dean Heller’s seat.

But the Republican did not, as a 2003 law instructed, write any rules, so now we have chaos, thanks to a Carson City judge’s stunning decision last week that overturned the guidelines proposed by Heller’s Democratic successor, Ross Miller. And reading through the 97-page transcript of Judge Todd Russell’s decision reveals a jurist who seemed immediately predisposed to the GOP argument that party central committees should nominate and hostile to the Democratic Party claim that it should be, as Miller calls it, a “ballot royale.”

Nevada: Contradictory ruling in Nevada | Las Vegas Sun

Republican Rep. Dean Heller’s appointment to the U.S. Senate this month created a novel situation — Nevada has never had to replace a member of the House of Representatives in the middle of a term. As a result, a controversy quickly developed over how to replace Heller because Nevada law doesn’t specifically state how a…