Candidate Allen tossed from ballot

Kirsten Searer

Friday, June 25, 2004 | 10:59 a.m.

The state AFL-CIO will be shopping for a new candidate in Senate District 11 now that Democrat Todd Allen has been tossed from the ballot.

District Judge Nancy Saitta ruled Thursday that Allen, who had received the union's endorsement, did not meet residency requirements in the district.

Allen had rented an apartment in District 11 on April 11, three days before the deadline that candidates had to live in their district to run for office.

But state law requires candidates to legally live in their districts as well as to actually live there.

While Allen had a driver's license, car registration and voter registration at the address in District 11, he still maintained a home in Senate District 6, where his pregnant wife and 2-year-old child continued to live.

In her decision, Saitta highlighted the fact that Allen did not turn on the power to his apartment in District 11 until May 14, a month after he said he moved into the district.

"Something so fundamental as not turning on electricity, I feel, is compelling evidence in this case," Saitta said.

Attorney Michael Stein represented Sen. Mike Schneider, D-Las Vegas, who is the incumbent in the district and challenged Allen's residency.

Stein pointed out that eight out of the first 10 days in May were 90 degrees or hotter, so Allen would have been uncomfortable living in his apartment without air conditioning.

Allen testified that he had a bed, couch, desk, television, clothes and toiletries in his apartment in District 11.

But Stein called Allen a "sham" candidate, saying he leased the apartment in District while he decided where he wanted to run for office. Earlier in the spring Allen had maintained a Web site and printed literature that said he was running in District 6.

"You can't just go to a flop house at the eleventh hour and say, 'See? I qualify,' " Stein said.

Attorney Tom Pitaro argued that Allen had been asked by community leaders to run in District 11 and had every intention of living there with his family.

"He's not a sham candidate," Pitaro said. "He's a legitimate candidate representing a significant constituency in the Democratic Party."

Allen read a statement after the decision saying it's unfortunate that voters won't have a chance to choose between him and Schneider.

"Let me say as a Democrat, I will continue to work for the future of our state," he said. "I will strive to keep our economy moving forward with diversification, to win the battle over making education a priority in Nevada and to challenge the special interests to ensure quality health care and affordable prescription drugs."

Schneider said after the hearing that he does have the endorsement of key groups representing teachers, police officers, carpenters and the Culinary Union.

But AFL-CIO Executive Secretary -Treasurer Danny Thompson said his group preferred Allen.

"Schneider's voting record is not a good one for working families," Thompson said. "Over the years we have talked to him about that. He continues to sponsor bills that aren't in working families' interests."

Allen might not be the last candidate disqualified for the November ballot.

This afternoon, Republican Anne DiMartini is scheduled for her own residency hearing in Assembly District 29. DiMartini purchased a Henderson home in the district in May, according to Clark County records. But she said she has considered the home her primary residence since March 18.