Nevada elector suit put on hold

Thursday, Dec. 14, 2000 | 11:26 a.m.

CARSON CITY -- A Reno lawyer who is challenging Nevada's "winner take all" presidential electors law says he wants to examine an adverse ruling by a federal judge before taking the next step.

Carter King said today that even if he can't stop the presidential electors from casting their ballots Monday, he will pursue the lawsuit so the system will be changed by 2004.

U.S. District Judge David Hagen Wednesday denied King's motion to stop Nevada's electors from voting Monday, saying the petition was not properly filed.

"If I have time to file an amended complaint, I will do that," King said. His suit, he said, also asks the judge rule the law unconstitutional in time for the 2004 election.

King is challenging the state law that awards the presidential candidate who wins the state all of Nevada's electoral votes. King says the votes should be divided proportionately.

President-elect George W. Bush won 49.4 percent and Vice President Al Gore captured 45.9 percent, with the rest being divided among the minor party candidates.

Secretary of State Dean Heller plans to introduce a bill in the 2001 Legislature to divide the electors by congressional district, with the winner of the statewide popular vote getting the two electoral votes represented by Nevada's senators. The winner in each congressional district would get the electoral vote of that district.

Had that system been in place, Bush would have received three of Nevada's votes, and Gore one.