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November 28, 2009

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DA says bookmark, mailer violated law

Tuesday, May 27, 2003 | 11 a.m.

The Las Vegas-Clark County Library District violated a State Statute when it sent out a mailer and gave out bookmarks in support of a bond issue question, the Clark County District Attorney says.

The question, which is on the June 3 ballot, asks voters to approve a $50.6 million bond to add four new branches to the Las Vegas-Clark County Library District. The tax, to be spread over 30 years, would add an average of $8.82 per year for each $100,000 of property.

A bookmark featuring the slogan "We're bursting our bindings!" and mailers customized for various neighborhoods says how each would be affected if the issue fails. Despite a disclaimer on the literature saying it was neither for or against the issue, the DA's office felt the pieces violated a state statute that says the government cannot spend money to support or oppose a ballot question without presenting the other side.

District Attorney David Roger says despite the violation the Library District would not be penalized for the fliers.

"The representatives of the library district attempted to comply by providing a disclaimer in the material," Roger said. "The law provides for monetary penalties but because they attempted to comply we do not believe that criminal prosecution is required in this case."

Roger said that if the ballot measure passes he did not think the violation would be grounds for throwing out the election results because the law "does not provide a vehicle for people to sue the government."

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