James, Porter won’t be back for special session

Erin Neff

Friday, July 12, 2002 | 10:57 a.m.

Two lawmakers who weren't expected to take part in the special session of the Legislature thought for a brief time Thursday that they might be going.

But the Legislative Counsel Bureau ruled unconstitutional a request by Gov. Kenny Guinn and Senate Majority Leader Bill Raggio, R-Reno, to allow the Legislature to amend a state law governing who can participate in a special session.

State Sens. Mark James, R-Las Vegas, and Jon Porter, R-Henderson, both moved out of their districts after the Legislature adjourned in 2001. By law, a legislator must resign his or her post if he or she moves out of the district.

Early on Thursday, Guinn said he supported making the first item of business at the special session an item to amend that law.

But Lorne Malkiewich, director of the LCB, said his staff's review of laws found no way to simply amend the law to allow James and Porter to participate.

Now, just as the law specifies, the Clark County Commission will be asked to appoint two Republicans to replace James and Porter.

Clark County called a special commission meeting for Wednesday to appoint the replacements.

Administrative Services Director Don Burnette said today that the county will move forward with its responsibilities under the existing law.

"That's clearly within the prerogative of the Legislature to consider anything when they get into special session," Burnette said. "But we're feeling like we're executing the responsibility charged with us through the law. We don't have a lot of discretion."

Wednesday's meeting is scheduled for 8:55 a.m., just before the regular zoning board meets.

Questions have also arisen about Assemblyman David Goldwater, D-Las Vegas, who was forced to move after reapportionment changed the lines of his district.

Since he moved out of a home in what was his old district in order to seek election to what is now District 10, he could also be ineligible. But, Brenda Erdoes, lead counsel for the LCB, said she thinks Goldwater can participate unless someone challenges in court his right to attend the special session.

"That's just a result of reapportionment, something that only happens every 10 years and he shouldn't be kept from serving his constituents because of a fluke," Guinn said Thursday.

Raggio and Assembly Speaker Richard Perkins, D-Henderson, approached Guinn about keeping the status quo for the session, leading the governor to seek the legal opinion.

James, who has resigned his Senate seat and has stopped serving on interim committees, said he would have been willing to participate in a special session if it had been ruled constitutional

James is currently running for county commissioner, and Porter is running for Nevada's 3rd Congressional District seat.

The special session will likely begin July 31 and, Guinn said, last about five or six days.

Sun reporter Adrienne Packer contributed to this story.