Official says Nevada agency erred in blocking recall group

Thursday, Sept. 18, 2003 | 6:35 a.m.

CARSON CITY, Nev.- The Nevada Department of Motor Vehicles erred in initially blocking a group's efforts to gather signatures for a recall petition targeting Gov. Kenny Guinn, the secretary of state's office said Thursday.

But Renee Parker, chief deputy secretary of state, said in a formal ruling sought by the recall advocates that the DMV followed up a few days later by making available "a reasonable area" for the signature-collecting at an agency office in southern Nevada.

Parker also cautioned the DMV against using a blanket policy against any such signature-gathering inside the agency's offices around the state. She said it's clear that some interior areas could be used without causing problems, such as disrupting the flow of people registering cars or getting license renewals.

The Recall Guinn Committee asked Secretary of State Dean Heller to find the DMV in violation of the law for allegedly refusing to allow signature-collecting at two sites in southern Nevada.

Christopher Hansen, vice chairman of the recall group, complained that on Sept. 8 six volunteer signature-gatherers were told to stop their efforts at a Las Vegas office or face arrest.

On Sept. 11, Hansen said a security guard gave the same warning to another volunteer at a Henderson DMV office, but an agency official intervened and allowed the signature-collecting to continue.

DMV Director Ginny Lewis has said designated areas could be set aside outside the offices to the side of the front doors, but she didn't want the recall effort to be stationed inside offices because it would impede the customer flow.

"We agree that DMV's concerns are legitimate, but the mere possibility of these negative results is not enough to justify an absolute designation of outdoor areas only," Parker said.

Hansen, who hopes to collect 200,000 by a Nov. 25 deadline, also implied that the DMV's stance may stem from the nature of the recall petition, Parker said. But she added there's no evidence the content of the petition was a factor.