Candidates told to change signs

Monday, April 7, 1997 | 11:59 a.m.

Two candidates for North Las Vegas Municipal Court judge have been asked by the state to change their campaign signs so they don't appear as if they're incumbents.

The secretary of state's office last week sent letters to Gary Davis and Steven Szostek requesting they take corrective action. The letters were prompted by a written complaint filed by a supporter of another judicial candidate, Natalie Tyrrell.

Davis and Szostek said they'll comply but also accused Tyrrell of acting in desperation as the campaign heads toward the May 6 primary. Tyrrell, in turn, accused the men of gaining an unfair advantage through misleading signs, and said she merely wants to ensure they abide by the law.

Some Davis signs encourage voters to "re-elect" him. Davis served as municipal judge for 16 years, last winning re-election in 1993. But two years later he was ousted for misconduct by a state panel.

Though Davis has appealed the state ruling to the Nevada Supreme Court, a state law prohibits candidates from using "re-elect" on their posters if they aren't currently in that office. James Kelly replaced Davis but isn't seeking a new term.

Davis said he hasn't distributed any "re-elect" signs since a reporter informed him of the state law earlier this year. He said any "re-elect" signs that remain standing had to have been put up by supporters who kept the placards from his previous elections. He vowed to remove any that he finds.

Davis and Szostek also are accused of violating another law that prohibits candidates from using wording that makes them appear to be incumbents. Szostek's signs begin with "Judge -- NLV Municipal Court" with his name underneath.

Deputy Secretary of State Dale Erquiaga said his office encourages candidates who aren't incumbents to use phrases such as "elect John Doe mayor" or "Jane Doe for judge" to comply with the law. If they use only the title of the office, such as "John Doe mayor" or "Judge Jane Doe," Erquiaga said there would be a violation.

"The state law is vague, but the secretary of state has the authority of interpretation," he said.

The laws carry no penalties, but Erquiaga said the Nevada attorney general's office could file misdemeanor charges for persistent violations.

Szostek said he would change his signs but added that they are no more misleading than Tyrrell's own placards, which say "Elect Natalie Tyrrell Professional, Honest, Dedicated," followed by the phrase "a new judge."

"Why is she singling me out?" Szostek said. "I think it's desperation."

Davis, who claims to have more lawn signs than the other candidates combined, said he has spent thousands of dollars changing old placards so they read "elect" rather than "re-elect."

"She's doing the exact same thing Szostek is doing," Davis said of Tyrrell. "What is she complaining about?"

Tyrrell, an attorney, argued that her signs imply she is a new candidate seeking the position.

"There is nothing on my sign implying that I'm the incumbent," she said.

Her campaign also contends that Davis is misleading voters through campaign fliers that show a photo of him in a judicial robe and refer to him as "Judge Davis."

"For God's sake, the person not upholding the law is going to adjudicate it?" Tyrrell said.

Warren Van Landschoot, a North Las Vegas homicide detective, also is in the race.