Ethics Commission seeks more facts on candidate’s complaint

Monday, Oct. 7, 2002 | 9:16 a.m.

CARSON CITY -- Christopher Hansen, an Independent American candidate for secretary of state, says he will follow through with his complaint that Secretary of State Dean Heller slandered him in a newspaper story.

Hansen intends to submit additional evidence sought by the state Ethics Commission to establish that Heller made a false statement when he said, "This guy (Hansen) wants to be secretary of state and he won't even follow the rules he's supposed to enforce."

Ethics Commission Executive Director Stacy Jennings told Hansen Friday that he must provide evidence or arguments supporting his claim that the statement was slanderous.

In a letter, she told Hansen he must show the statement was false, that Heller acted with malice, that Heller intended to impede his campaign and that the statement hurt the Hansen campaign.

He must present the additional evidence by Friday, or the Ethics Commission will decline to issue an opinion.

"If he (Heller) lied, he deserves to be punished," Hansen said.

Heller's statement referred to the refusal of Hansen and other Independent American candidates to file campaign expenses and spending reports. Hansen maintains the reports are unconstitutional.

Jennings said the Ethics Commission does not have authority over the constitutionality of the law.

Hansen called the Ethics Commission "the speech police," maintaining the board infringes on free speech.

He says his complaint is a "win-win" situation. If the board rules against Heller, then the secretary of state can be punished. If it doesn't, the hearing still will give Hansen a chance to show the law is invalid.

Nineteen IAP candidates submitted their campaign reports but refused to fill them out by the Aug. 27 deadline. They put the following notation on the forms: "I do hereby claim my rights against self-incrimination and must therefore decline to fill out this form and or sign it under penalties of perjury."

The candidates sent Heller a list of questions to answer about the consequences of signing the forms under penalty of perjury. They said they wanted answers to their questions before they file any forms.

Heller then gave them to Sept. 30 to amend their forms and fill in the information.

Hansen said only one candidate agreed to submit the additional data. He said Heller had no authority to extend the deadline for filing the forms.

The candidates could face fines up to $5,000 if they are found to have violated the law.