Supreme Court reverses ruling on financial disclosure forms

Friday, Dec. 17, 2004 | 11:02 a.m.

CARSON CITY -- The Nevada Supreme Court ruled today that the state Ethics Commission has the authority to judge the adequacy of financial disclosure statements filed by political candidates.

The court reversed District Judge William Maddox of Carson City who ruled that the commission could not force members of the Independent American Party to supply certain information on their disclosure forms.

The court, in its unanimous decision, said the commission has "the statutory authority to determine whether respondents' filings qualified as financial disclosure statements and to seek civil penalties."

Candidates who file for political office must fill out the disclosure statements revealing the length of residency, sources of income, real estate holdings, names of creditors, gift information, business holdings and titles of any public offices held at the time.

IAP candidates filed the forms but wrote, "I plead the Fifth." They also said the requirement of giving this information is "violative of unalienable God Given rights" and part of a conspiracy to "establish a Civil Religion."

On questions about income, some candidates said they had no gold or silver.

The Ethics Commission found the individuals had failed to follow the law and notified them they were subject to penalties starting at $25 a day for failing to submit the proper information. When the more than 25 candidates failed to file the information for the 2002 election, the Ethics Commission brought suit in District Court and lost. The candidates say they cannot be penalized because the disclosure laws are unconstitutional. They argued the laws are vague and have a chilling effect on their rights of religion, speech and Assembly.

The Supreme Court said those arguments "lack merit."

"There is nothing vague about statutes that require a candidate for public office to file with the commission ... a statement of financial disclosure," the court ruling noted.

Janine Hansen, a spokeswoman for the IAP, said the court ruling will have a "chilling effect" on everyone who runs for office. She said seeking elective office is a "public service" and the information required in the financial disclosure forms allows opponents and others to spread misinformation.