Hearing planned on candidate’s residency

Wednesday, Aug. 25, 2004 | 9:20 a.m.

District Judge Lee Gates ruled Tuesday that three candidates running for the university Board of Regents can challenge another candidate's residency in court.

Harold Gewerter, lawyer for regent District 13 hopeful Mark DeStefano, had asked the judge to dismiss the lawsuit on the basis that the candidates had missed the Clark County election office's deadline to challenge an individual's candidacy.

Gates issued a written order from his chambers Tuesday stating that he does have jurisdiction to hear the case and plans to schedule an evidentiary hearing during open court on Thursday.

The candidates who filed the lawsuit, James Dean Leavitt, Jim Germain and Matthew Berkus, all said they were pleased with the judge's decision and hoped that a hearing could be put on the schedule as soon as Friday.

The candidates allege that DeStefano actually lives at a home in District 7 and not at the Lee Canyon cabin in District 13 that he listed as his main address. DeStefano had repeatedly said he owns both homes and is planning to move fulltime to District 13.

"I welcome the court's decision," DeStefano said. "I look forward to the trial and feel that we will get a positive decision."

All of the candidates said they wanted a speedy resolution so as to affect the least amount of voters. Early voting began Saturday and the primary is on Sept. 7.

The candidates challenging DeStefano want Gates to rule on whether he is or is not a resident of District 13, and if he is not, they want Gates to void all of the votes cast for DeStefano.

"When the judge does find in our favor, those people will have lost their votes," Germain said.