Complaint against Heller dismissed

Wednesday, Oct. 23, 2002 | 10:45 a.m.

CARSON CITY -- The state Ethics Commission today dismissed a complaint brought against Secretary of State Dean Heller by Christopher Hansen, the Independent American Party candidate for his office.

Commissioner Jim Kosinski said Hansen failed to show that Heller made a false statement when he was quoted in a newspaper saying that Hansen wants to be secretary of state but doesn't follow the rules. Other commissioners unanimously agreed with Kosinski.

Heller was referring to the law that requires candidates to file campaign expense reports. Hansen has declined to fill out the reports.

Hansen of Henderson maintained in his complaint that Heller's statement was false, that it was made with malice and that it impeded his campaign.

Commissioner Ernie Adler suggested Hansen was a "nobody" in the political campaign and the controversy may have advanced his cause.

Hansen replied, "It possibly may have assisted and it may have impeded" his campaign.

The meeting took place with a telephone conference call, connecting Carson City, Reno and Las Vegas.

The hearing was delayed for a few moments when Hansen refused to be sworn in to testify unless the words "under God" were included. He then agreed to swear "under God" that he would tell the truth.

After the decision, Hansen launched an attack on the commission and the law.

"I find it offensive that the commission is in existence," he said, calling it nothing more than "speech police" and saying it violates the First Amendment.

He said each commissioner should apologize to Heller for processing the complaint.

The law that gives the commission the right to determine if false statements are made hurts the Independent American Party and other third party candidates, he said.

"The IAP is afraid of the law," he said.

He said the commission should decide if the law is unconstitutional.

Commission Chairman Todd Russell said the commission is obligated to enforce the law and not make a determination if it is constitutional.