Heller: GOP wrong on law interpretation

Monday, Oct. 18, 2004 | 9:40 a.m.

CARSON CITY -- Secretary of State Dean Heller has told the Nevada Republican Party that its interpretation of how election laws may be used to challenge voters during early voting was wrong.

Heller also said he was concerned about the possibility that the challenges might be abused to intimidate voters and prevent them from casting their ballots.

David O'Mara, state Election Day coordinator for the GOP,asked Heller for a clarification of the election laws regarding the challenges.

Heller, also a Republican, told O'Mara in a letter Friday that his interpretation of the law was wrong. And, Heller added, "This office is very concerned about any use of the election statutes in a manner that could result in the intimidation or discouragement of voters from going to the polls."

Heller said a challenge against a voter must be supported by a "good faith belief" that the person is not eligible to vote. He said a person is not subject to challenge merely because he or she has moved within the county, even if the move is across precinct lines.

In those cases, the voter is permitted to cast a ballot at his former precinct, Heller said.

O'Mara questioned a law that says a person applying to vote may be challenged by any registered voter of the precinct or district. But when it comes to early voting that started Saturday, the smallest voting area is the entire county.