Bill would aid congressional candidacies of Herrera, Porter

Adrienne Packer

Friday, March 9, 2001 | 11:33 a.m.

A bill making its way through the state Legislature could clear the way for a congressional race between Democratic Clark County Commissioner Dario Herrera and Republican Sen. Jon Porter of Henderson.

The "resign to run" bill, which requires elected officials to surrender their seats when they formally announce their candidacy for another office, is sponsored by Republicans in the Senate and Democrats in the Assembly.

Porter and Herrera -- likely the parties' most favored choices for Congress -- fall under an exemption in the bill that says the law does not apply to lawmakers whose terms expire within three months of the general election.

Herrera's four-year term on the Clark County Commission expires in January 2003, two months after the general election that would include Nevada's newly created third congressional seat. Porter's Senate seat expires in January.

If passed, the bill -- which would go into effect July 1, 2001 -- would leave other possible candidates with a tough decision.

Clark County Commissioner Yvonne Atkinson Gates, who has said she too might seek a bid for Congress, would have to decide whether her chances of being elected are good enough to quit the commission with two years remaining on her term.

Atkinson Gates began her third term on the commission in January.

Although Herrera's friend David Goldwater, D-Las Vegas, is sponsoring the bill in the Assembly, he said his support of the initiative has nothing to do with his relationship with the county commissioner.

"I'm friends with Dario Herrera, and I want him to be successful," Goldwater said today. "But I sponsored this bill because it's good public policy."

Herrera said he has not taken a position on the bill.

"I respect the Legislature's right to pass what it feels is necessary," he said.

Both Goldwater and Sen. Ann O'Connell, R-Las Vegas, who authored the bill and is the prime sponsor in the Senate, said the purpose of the legislation is to keep elected officials honest and extend all candidates equal opportunities.

O'Connell said when elected officials collect money for a particular office and are voted into the seat, they owe it to the public to focus on their task.

"If you want to run for that higher office, you should never have had run for the office you're holding," O'Connell said. "That's the intent of the bill; there is nothing devious and anyone who reads anything else into it is absolutely wrong."

While critics have argued the bill would dilute the pool of qualified candidates, Goldwater argued it does the opposite. He said the law would reduce the number of incumbents -- who have more power and influence -- and encourage political newcomers to join races.

Goldwater said officials who are holding one office and eyeing another might not be giving their constituents their full attention.

"During campaigns when people run for office, they beg and plead with folks that they really want to do the job and that they can do a good job," Goldwater said. "In the middle of the job, they change the deal, and I don't think that's fair to constituents."

Atkinson Gates said her only concern with the bill is the exemption.

"You either go all the way, or you don't," she said.

While Herrera has aggressively been fund-raising for the congressional seat, Atkinson Gates plans to wait until the new district boundary lines are drawn before deciding whether she will run.

Porter could not be reached for comment, but spokeswoman Maureen Schafer said this morning that the senator is also waiting for the redistricting process to be completed. Schafer said Porter could pursue the third seat or once again challenge Rep. Shelley Berkley, D-Las Vegas, for the second seat.

"Sen. Porter is strongly pursuing the probability of running," Schafer said.