Court upholds decision barring young candidate

Erin Neff

Thursday, June 27, 2002 | 9:11 a.m.

The Nevada Supreme Court has decided not to overturn a decision barring a constable candidate from the ballot -- at least for now.

But given the possibility of a lengthy and drawn-out appeal, elections officials will print general election ballots without the name of Independent American Party candidate Nicholas Hansen in the Henderson Township constable's race.

On Wednesday the court refused to issue a writ overturning District Court Judge Sally Loehrer's decision to throw him off the ballot because he is not a peace officer.

The court said such "extraordinary relief" is not warranted, but that Hansen can still go through the regular channels of filing an appeal to Loehrer's decision.

"We're still in the fight," Hansen's attorney and cousin, Greg Hansen, said. "We will file the appeal as soon as possible and hope to have this resolved in time for the general election."

Clark County Registrar of Voters Larry Lomax disagrees, and on the advice of county counsel Mary-Anne Miller, will print general election ballots without Hansen's name.

Hansen and the Clark County District Attorney's office had joined in the petition for a writ for clarification of Loehrer's ruling.

Loehrer said in court that Hansen was not qualified to run because he was not a peace officer. The challenge brought by Henderson Township Constable Earl Mitchell, a Republican, questioned Hansen's right to run because he is 20, and a state law prohibits the appointment of a constable who is younger than 21.

Loehrer's ruling did not address the age requirement for appointments and whether it applies to those seeking election. That led to confusion in the county's election department because several other candidates for constable are not peace officers.

But Loehrer's subsequent written ruling clarifies for elections officials how they should proceed.

Lomax said Loehrer determined that since a person is sworn in as a peace officer the day they take office as a constable, Hansen would not be allowed to become constable because he would not be 21 on the swearing-in day.

State law requires peace officers to be 21.

Hansen, in his petition to the Supreme Court, said the state law does not preclude a non-peace officer from filing for the job of constable. The two Democratic candidates for the job -- John Cahill and Frank "Full Time" Mahoney -- do not meet the qualifications of a peace officer, Hansen said.