Stay issued for Boulder City recall election

By Tiffany Gibson

Thursday, Feb. 11, 2010 | 2:05 a.m.

The Nevada Supreme Court issued a stay Tuesday for a recall election of two Boulder City Council members until an appeal of a lower court ruling can be heard.

Petitioners are seeking a recall election for Boulder City Council members Linda Strickland and Travis Chandler.

The petitioners filed a lawsuit against Secretary of State Ross Miller after a conflict arose over the interpretation of language in the state constitution that calls for the signatures of individuals who “actually voted in the election” on the recall petition.

Miller had refused to approve a recall election of the two council members, because petitioners failed to collect signatures from 25 percent of those who cast ballots in those races.

The petitioners argued that they only needed to collect signatures from 25 percent of registered voters, regardless of whether they voted in the original election.

In May 2009, Senate Bill 156 passed unanimously in the state Senate and Assembly and clarified that any registered voter in the district the elected official represents may sign a recall petition.

But Miller said he was sticking with his original interpretation of the law for the Boulder City recall petition because it took place before the new law was enacted. The petitioners disagreed with the ruling and filed a lawsuit to overturn his decision.

In December, 1st District Court Judge James Russell in Carson City ruled in favor of the petitioners.

Strickland filed an appeal. Chandler said he also plans to appeal the ruling, and because the cases involve the same issue expects the court will combine them.

Chandler and Strickland, both attorneys, plan to represent themselves in the appeal.

A hearing is scheduled for April 6 at the Regional Justice Center in Las Vegas, according to court documents.