Committee votes to kill campaign smear law

Thursday, Feb. 11, 1999 | 11:31 a.m.

CARSON CITY -- An Assembly committee on Wednesday voted to repeal a 2-year-old law that gives the state Ethics Commission the power to police dirty political campaigns.

Liberal and conservative organizations lined up against the law, calling it unconstitutional and a violation of free speech.

The Ethics Commission acted like "The Truth Police," Gary Peck, executive director of the American Civil Liberties Union in Nevada, told the Assembly Committee on Elections, Procedures and Ethics. The law gives the commission authority not only over politicians, but also the public as well.

The law, agreed Janine Hansen of Eagle Forum, "regulates free speech to death" and doesn't permit the political process to work.

The Ethics Commission had 17 complaints filed and ruled on eight.

In one, North Las Vegas Constable Herb Brown was fined $10,000 for statements on a campaign flier. Brown has threatened to challenge the constitutionality of the law if his case is not reheard by the commission. A decision on the rehearing is due after Feb. 25.

Frank Cremen, attorney for Brown, today called the committee action "a good idea."

"If this law should be repealed that would strongly support that it was unconstitutional," Cremen said. "The Legislator created a body and charged it with something that is -- and always has been -- the realm of the courts. It violates the First Amendment and the concept of separation of powers."

Cremen said that even if the law is repealed, his client still would have to go through the courts to have the fine thrown out, as that would not automatically occur if the law is repealed.

Outgoing Ethics Commission Chairwoman Mary Boetsch said she was "not particularly surprised" by the committee's action, and noted that the commission never sought authority over elections.

"We have plenty of other things to do. The commission will go on," she said. The repeal would "not diminish the work of the commission."

The ethics commission also levied a $5,000 penalty against Assemblyman Bob Beers, R-Las Vegas, a member of the Assembly committee. Beers, who has appealed the fine to the federal court, abstained during the discussion and vote.

But, as lawmakers are wrestling with overturning the law, another complaint has been filed and is set to be heard when the state Ethics Commission meets March 26 in Las Vegas.

Democrat J. David Burress, a candidate for Henderson constable who lost to incumbent Republican Earl Mitchell last November, filed an ethics complaint on Jan. 19 over statements Mitchell made to the media prior to the election.

Burress' complaint claims statements Mitchell made in October about Burress were false and swayed the election in Mitchell's favor.

Kent Lauer, executive director of the Nevada Press Association, told the committee that candidates should not be afraid to criticize their opponents because they could end up in front of the Ethics Commission. Political speech, he said should not be suppressed.

People who think they have been defamed can file a libel suit, Lauer said.

The bill is expected to come up for final passage next week in the Assembly and then head for the Senate, where it faces an uncertain future. Senate Majority Leader Bill Raggio, R-Reno, who authored the law two years ago, said he's not in favor of eliminating the authority of the Ethics Commission unless there is something to replace it.

Assemblywoman Chris Giun- chigliani, D-Las Vegas, who drafted Assembly Bill 130, to repeal the commission's authority in elections, said it has had a "chilling effect" on free speech. The effort to repeal the law, she said does not mean she condones dirty tricks in campaigns.

"Voters have the common sense to recognize lies and hit pieces," she said. "Voters don't need a nanny."

Giunchigliani said most of those who ran negative campaigns last election lost.