Candidate files lawsuit over position of his name on ballot

Adrienne Packer

Tuesday, June 4, 2002 | 9:50 a.m.

What's in a name?

In public administrator candidate Michael Schaefer's case, an "S" -- which is why he filed a lawsuit against a Clark County elections official claiming the alphabetical listing of candidates on the ballot is discriminatory.

Schaefer, a perennial candidate for a range of offices, said his chances for victory might be slim this year: On the September primary ballot, his name is fourth of six in a crowded race for an obscure office.

"I think my chances of being elected are a lot greater if I'm at the top rather than in the middle," Schaefer said. "Unless voters have a special reason to look for Schaefer, they're not going to go down the list of yadda yadda yadda to find me."

The lawsuit Schaefer filed against Registrar of Voters Larry Lomax last month represents the fourth time he has challenged the policy in court. He lost past legal battles because he could not prove voters based decisions on ballot positioning.

Schaefer intends to bolster his argument by having Tim Fackler, a University of Nevada, Las Vegas political science professor, testify. But even Fackler said it's difficult to determine precisely how alphabetical listing affects the outcome of elections.

"The names listed first for any office are at some advantage," Fackler said. "How people make their choices depends on how much time is given to research. If it's not much, then ballot positions become one of the factors."

Nevada is one of 17 states that lists candidates alphabetically on ballots, according to Deputy District Attorney Mary-Anne Miller. Other states use a lottery system or rotate names on ballots for each district.

Miller said she filed an opposition to the lawsuit because election ballots fall under state statute. U.S. District Judge Philip Pro is expected to determine Friday whether Schaefer has enough evidence to move forward.

Miller also believes Schaefer's argument will be difficult to prove in court.

"Not all courts accept that this is a true phenomenon," Miller said. "You have to look at voter turnout, how much the individual candidates advertised and whether there is an incumbent.

"It's real hard to prove whether people voted for the first person on the ballot because they're the first person on the ballot."

Miller said if the state Legislature voted to change the manner in which candidates are listed on ballots, the county has the technology to comply.

Schaefer acknowledged that the listing only becomes a problem in races for lesser known offices. More people know who they plan to support when they vote on gubernatorial, presidential or congressional races.

Still, he is pushing for a random listing of names.

"We should have ping-pong balls labeled with letters A through Z and shoot them out; that's more of a Las Vegas thing," he said. "Picking names out of a hat is more of a Chicago thing."