Incumbent’s eligibility challenged

Tuesday, July 13, 2004 | 8:17 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A GOP candidate, who has challenged state Sen. Mike McGinness of Fallon in the primary election, has filed suit claiming McGinness is ineligible to run for a fourth term.

John O'Connor of Fallon filed a petition for a writ of mandamus in the Nevada Supreme Court saying McGinness is barred by the constitutional amendment that limits a state senator to three terms or 12 years in office.

The voters in 1994 and 1996 approved a constitutional amendment to limit state senators and assemblymen to 12 years in office. McGinness was first elected to the Senate in the Central Nevada District in 1992 and won re-election in 1996 and 2000.

McGinness is up for election this year.

Lorne Malkiewich, director of the Legislative Counsel Bureau, said the final voter approval in 1996 of the constitutional amendment means the term limit starts running in the 1998 election. He said no one is "term limited" out until 12 years after that, or 2010.

And those who are halfway through an elected Senate term at that point would be able to serve until 2012.

He said there are legal opinions to that effect from the state Attorney General's Office and from the legal staff of the counsel bureau.