Democrats want to get to bottom of election challenge

Erin Neff

Wednesday, Feb. 5, 2003 | 9:01 a.m.

An election contested to curtail one Democratic assemblyman's career may instead end up hurting the Republican lawmaker who helped launch the challenge.

The Assembly Select Committee on Credentials went ahead Tuesday with a hearing into the contested Assembly 37 race even though the request for an investigation was withdrawn Friday.

Lawmakers, after learning just how "frivolous" it was, pressed ahead to try to determine whether political motives had spurred the challenge filed by Sandra Vitolo on behalf of failed GOP Assembly candidate Francis Allen.

Now legislative leaders are considering actions to take against Vitolo and those who assisted her in identifying the alleged fraudulent voters, including Assemblyman Bob Beers, R-Las Vegas, and GOP activists Dan Burdish and George Harris.

Marcus Conklin, D-Las Vegas, defeated Allen by 134 votes, and Vitolo filed the complaint 14 days after the election seeking to reverse the outcome. All but 12 of the 160 alleged fraudulent votes have subsequently been determined to be legal by Conklin's lawyer, Kathleen England, based on voting records.

But Conklin has amassed more than $20,000 in legal fees to defend his right to take office, and Democrats are angry about it.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, said she thought lawmakers should consider some type of reform to prohibit frivolous contesting of election results, but she said it needed to be done without having a chilling effect on the reporting of true fraud.

"I think it's outrageous that these people are accused of illegal votes," Buckley said.

England hired a private investigator who verified the voting status of each of the voters in question. Twelve cases were not examined because they are the subject of an ongoing grand jury investigation in Las Vegas into voters that Gary Horrocks, a bar owner and failed GOP primary candidate, registered through his tavern's address.

England said her investigation was made more difficult because none of those involved in filing the complaint would answer her questions or respond to her queries.

The original complaint listed potential fraud based on information gathered by the activists in a door-to-door survey. Some of the voters were alleged to be fraudulent because no one was at home to answer questions. One, who voted absentee due to an illness, was listed as "voter in final stages of dementia."

"This information is so suspect that none of it should be believed," England said.

The seven-member select committee recessed without taking any action, but is considering seeking recompense for Conklin's fees. An 1876 Nevada Supreme Court case gives the Legislature the authority to seek such payments.

Assembly Speaker Richard Perkins, D-Henderson, said the committee should explore all available options based on the frivolity of what was filed.

"I have great concerns that there's been extraordinary disrespect shown to this institution," Perkins said. "This isn't about Democrats or Republicans, but this could stall the process for a tremendous amount of time."

Beers sat in the audience of the hearing but never rose to speak when questions were raised about his involvement.

Larry Lomax, Clark County registrar of voters, testified that Beers contacted him to find out how to file the challenge, and later called to tell Lomax he did not have to respond to any questions of attorneys for the other side.

Assemblywoman Chris Giunchigliani, D-Las Vegas, who chairs the Assembly Elections, Ethics and Procedures Committee, said the Legislature takes voter fraud very seriously and that the Conklin challenge was unfair.

She said she wished she had more information about Vitolo, whom she described as a "shill" for someone else.

Vitolo could not be reached for comment.