Heller bows out of flap over who may run

Monday, July 19, 2004 | 11:10 a.m.

CARSON CITY -- Secretary of State Dean Heller says he probably will not pursue further legal challenges regarding state government employees serving in the Nevada Legislature.

Heller, the state's chief election officer, tried to get a quick and single answer from the Nevada Supreme Court on the controversy but "they punted," he said.

The court last week ruled that the separation of powers doctrine in the Constitution prohibited it from judging whether members of another branch, the Legislature, are eligible to serve. The court said, however, that a lawsuit could be filed in the district court to determine if a state, county or university employee elected to the Legislature was eligible.

Heller said he asked the Supreme Court for a ruling to "avoid the time and the cost of filing 10 different lawsuits that may have different answers" from different district courts. The court left the option to sue the lawmakers in District Court to seek their removal.

Heller also noted that the court ruled that the secretary of state had no standing to bring the challenge in the Nevada Supreme Court. So he may be legally blocked from bringing suit in the district courts, he said.

The Supreme Court also ruled Thursday the Independent American Party did not have standing to bring a suit to require those in government jobs to choose between those government jobs and service in the Legislature.

Chris Hansen, president of the Independent American Party, called that ruling "so suspect" that it needs to be "looked at with a jaundiced eye." The state's highest court had already established itself as the "enemy of the people," he said, referring to the decision last year to allow the Legislature to pass a tax increase without a two-thirds vote of the Legislature.

Hansen, who is in Florida, said he has not had a chance to look at the court's ruling and said it was too soon to say whether his party would file lawsuits in district courts against those lawmakers who are government employees.

Heller, who is the state's chief election officer, said the decision in his case appears to strip him of power to determine if candidates for the Legislature meet such things as age, residence and term limit requirements.

It appears, he said the Legislature is the sole judge of the qualifications of its members and that is determined after the election, not before.

Heller, who was in Washington, D.C., on Friday, said he still needed to meet with Attorney General Brian Sandoval on the matter. Sandoval filed the suit on Heller's behalf. Sandoval also said he wants to talk with Heller about possible further action.

Sandoval said the Nevada Supreme Court didn't answer the basic question: If an executive branch employee serves in the Legislature, is that a violation of separation of powers doctrine? Sandoval said he would not go back to the court to ask for clarification because the court ruled it does not have authority in the matter.