McGinness will remain on ballot

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Wednesday, Aug. 25, 2004 | 9:33 a.m.

John O'Connor, a candidate for the GOP nomination in the state Senate in central Nevada, has failed again in his court effort to knock incumbent Sen. Mike McGinness of Fallon off the ballot.

District Judge Mike Griffin Tuesday denied a writ of mandamus to force Secretary of State Dean Heller to remove McGinness in the upcoming primary election.

The voters in 1996 gave final approval to a constitutional amendment to limit legislators to 12 years in office. McGinness has served 12 years already.

Griffin ruled the 1996 amendment was not retroactive.

According to the Legislative Counsel Bureau, McGinness, first elected in 1992, can serve until the election of 2012.

O'Connor had filed a previous suit in the Nevada Supreme Court that was dismissed. He said he would not appeal the Griffin ruling. He has said he doesn't expect to beat McGinness in the GOP primary but wanted to dethrone him by legal action.