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November 25, 2009

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Federal judge bows out of lawsuit over ballot names

Friday, June 14, 1996 | 11:59 a.m.

A federal judge has declined to take sides in a lawsuit challenging the alphabetical listing of candidates' names on the ballot.

U.S. District Judge Lloyd George on Thursday denied the immediate relief sought by Republican congressional candidate Michael Schaefer because the Nevada Supreme Court is already examining the issue.

Schaefer contends that listing candidates in alphabetical order -- required by state statutes -- violates equal protection laws and federal election rules.

Schaefer, seventh out of nine candidates, argues that he and others with certain last names are at a 5 to 15 percent disadvantage.

The Supreme Court is examining a similar case Schaefer filed last year as a candidate for Las Vegas City Council. The candidate is appealing a District Court ruling that found the alphabetical listing constitutional.

George said he would prefer to defer to the state justices, adding that he would consider formally asking them to review the case.

It is unlikely that Schaefer's question will be resolved by Tuesday, the deadline for preparing primary election ballots.

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