Judge tosses out effort to block Del Papa’s re-election bid

Brendan Riley

Thursday, Sept. 24, 1998 | 9:05 a.m.

CARSON CITY - Attorney General Frankie Sue Del Papa's unsuccessful primary foe has lost a court fight aimed at derailing Del Papa's campaign for a third term.

Marilyn O'Connor of Fallon, citing Nevada's 1996 term limit provision, had asked for a Carson District Court ruling making her the Democratic Party nominee.

O'Connor, a nonlawyer who has been battling the Internal Revenue Service, got 18 percent of the Sept. 1 primary vote, compared with 76 percent for Del Papa.

But District Judge Mike Fondi ruled Wednesday that the change in the Nevada Constitution, imposing a two-term limit for various statewide elective officials, applied prospectively and wasn't retroactive.

Fondi also ruled Del Papa's current four-year term, that began two years before the 1996 constitutional change, counts as one of the two terms that are now allowed. That means she can run this year but, if re-elected, couldn't go for another term in 2002.

The judge said he based his decision on a 1977 state Supreme Court ruling that held such constitutional changes can't apply retroactively. He noted that ruling clashed with a 1916 high court ruling that said just the opposite.

Fondi's decision knocks down part of an opinion issued by Del Papa two years ago, shortly before the term limits change took effect. In that opinion, the attorney general had said the limit would apply only to those elected after the change.

While Fondi rejected O'Connor's lawsuit, he wouldn't do so on the basis of Del Papa's argument that such actions can only be filed against someone who wins a general election. He said nominees who emerge from party primaries can be sued too.

Del Papa had said that a ruling in favor of O'Connor would have had far-reaching effects because many candidates couldn't run.

Fondi said that among the current crop of state officials elected to four-year terms, only Del Papa is seeking a third term. Others are seeking second terms or are leaving office.

The list includes the offices of governor, lieutenant governor, attorney general, secretary of state, controller and treasurer.