DeStefano to challenge being kicked off ballot

Friday, Sept. 17, 2004 | 11:10 a.m.

Ousted Board of Regents candidate Mark DeStefano filed a notice of appeal in District Court Thursday saying that he plans to challenge a judge's decision to kick him off the ballot.

DeStefano said he has also filed an appeal directly with the Nevada Supreme Court. The clerk's office there could not confirm this morning that it had been received.

DeStefano won his primary in District 13 but lost because of a court ruling that came on the day of the primary election. Clark County District Judge Lee Gates ruled he was ineligible to run for the office, finding that he did not live in the district.

DeStefano said his candidacy should be decided by the voters, not the courts.

"They (the voters) obviously think I was the best one for the job," DeStefano said.

"I have to do my best to make sure their votes count."

Following the judge's orders, Clark County Registrar Larry Lomax certified the second and third place primary finishers as the candidates whose names would appear on the general election ballot in the non-partisan race. James Dean Leavitt finished 74 votes behind DeStefano and Gloria Sturman finished 414 votes behind DeStefano in the tight race.

Lomax was not available for comment this morning but he and Clark County counsel Mary Miller both have said it would take a second judge's order to get DeStefano's name back on the ballot. Lomax said his office would begin printing the general election ballots this weekend.

Sturman, whose place on the general election ballot could be affected by DeStefano's appeal, was not immediately available for comment.

Leavitt said the appeal wouldn't affect his campaign and said he thought DeStefano has zero chance of winning.

"It's unfortunate that he doesn't respect Judge Gates' decision," Leavitt "The judge's decision was based on testimony out of DeStefano's own mouth, and he (DeStefano) just doesn't like the way the law reads, that's the bottom line."

DeStefano owns two homes, a Lee Canyon cabin in District 13 and a five-bedroom home in the Queensridge development in District 7. During the Sept. 7 hearing, DeStefano testified that he has never actually slept in the cabin he purchased in March 2004 and sleeps in his home in Queensridge.

Gates ruled that because DeStefano does not actually live in the cabin, he did not meet the residency requirements under Nevada law.