Democrats have bill to change NV elections, create odd-year general – might affect special House election, tax plan

Monday, May 23, 2011 | 12:43 p.m.

Democrats quietly have prepared an omnibus election bill that would move certain races to odd-numbered years, allow them to put their tax plan on the ballot in 2011 and, perhaps, move the September House special election to November, several well-placed sources confirm.

The bill draft was being passed around late last week and Monday, with election experts reviewing it. The measure is sure to set off a capital temblor, and it is unclear if and when it will be introduced, if it could garner GOP support and if the governor would sign it. There also was talk that the measure could write rules for the special election that could invalidate the lower court decision that so distressed Democrats, but it’s unclear if that will make it into the final version – or what form it would take.

Questions:

1. Who would turnout benefit? Some say that the quick turnaround would help groups pushing tax plan, who could own the airwaves and get it done. The sooner-the-better argument, not enough time for opposition to coalesce. Others say with the big Democratic machine revved up in 2012, that might be best time. It’s not lost on me, too, that if the tax plan is on November 2011 ballot, it would not be on the November 2012 ballot, when two Democratic legislative leaders (Speaker John Oceguera and state Senate Majority Leader Steven Horsford) might be running for Congress. There also could be objections that moving any races – judicial, municipal – is not good public policy because turnout surely would be much lower in an odd-numbered election.

2. Could the idea get GOP support? One theory is that instead of grinding Republicans to find a handful of votes to lift the sunsets – and that may not even work – maybe some GOP lawmakers would rather just say, “Let the people decide?” as an easier solution. Would the governor sign off? No answer on that yet.

3. How much would it cost? A lot. There would be a huge fiscal note on the bill, and it would cost a fortune to hold the special election and put the tax plan on the ballot statewide.

4. Could they really invalidate Judge Todd Russell’s order on the special election? Of course. If they pass a law that says the special is in November, that it is a free-for-all, or has party nominations (if that were needed to get GOP votes), and other specifics were added to the law, that’s their prerogative. Could someone sue? Someone could always sue.

Some might also argue that the Democrats should take their chances with the state Supreme Court on the special election, that they have a good case to overturn Russell -- and it is too much, too late. (The Democrats are hearing that a lot this session.) Others would say taking a chance with any court in this state is much riskier than jamming something through the Legislature.

What we do know is that this development shows that in the legislative endgame, anything can happen – and probably will.