Judge rules advisory questions will stay on ballot

Adrienne Packer

Tuesday, Sept. 17, 2002 | 9:09 a.m.

Barely out of the courtroom Monday, Clark County Registrar of Voters Larry Lomax phoned in the go-ahead to print general election ballots after District Judge Mark Denton tossed out a challenge to two advisory questions.

Denton's ruling alleviated county officials' fears their absentee ballots would be printed -- and returned -- after the Sept. 26 mailing deadline.

"The county is back on track," said Deputy District Attorney Mary-Anne Miller, who argued on the county's behalf. "Even if they try to appeal, we need to go forward. We're sweating it at this point."

The challenge filed by the Nevada Retail Gaming Association arrived at Miller's office Tuesday, two days before Lomax was scheduled to send the ballots to the printer.

After a brief hearing, Denton ruled the claim was without merit. He also noted that it had already been denied by the state Supreme Court.

The Retail Gaming Association's claims were identical to those filed by Nevada Power Co. last month. That challenge was also dismissed by the Nevada Supreme Court.

The Retail Gaming Association opposed two smoking-related questions. One asks whether the Clark County Health District should be given the authority over smoking regulations and the other asks the state to impose stricter rules in restaurants, schools and government buildings.

The challenges claimed Clark County officials had no authority to place the questions on the ballot because the issues addressed are regulated by the state. They also said the advisory questions were worded in a way that swayed voters.

Denton's decision affected a slate of five advisory questions that Clark County commissioners approved for the ballot.

The other questions include a proposed one-cent property tax increase to fund homeless programs, a quarter-cent sales tax hike to help pay for roads and infrastructure, and whether residents are interested in a publicly run utility.

Lomax said it takes about a week to print some 75,000 ballots. The deadline to mail out-of-state ballots is Sept. 26.

"We are going ahead with this," Lomax said. "We've had a ruling from the Supreme Court and District Court. I don't know who they can appeal to."

Tom Kummer, who represented the Retail Gaming Association, did not immediately return phone calls Monday.