Nevada Democrats argue for open election to replace Heller

By Cy Ryan

Monday, June 13, 2011 | 5:50 p.m.

Every candidate must be allowed to run in the special Congressional election to replace Dean Heller, the Nevada Democratic Party argued in a brief to the state Supreme Court.

In its final brief in the partisan legal fight over how the race will proceed, the party said the law is clear and the interpretation of Secretary of State Ross Miller should prevail.

The state Attorney General's Office said Miller, as the state's chief elections officer, has been given authority to interpret election laws "in order to efficiently administer elections."

Nearly 30 candidates have signed up to run in the special election Sept. 13. But District Judge Todd Russell sided with the Republican Party that the central committee of each party should nominate its candidate.

The court has set oral arguments for June 28. In the meantime the central committees of both parties have scheduled meetings to select their favorite.

Both the Democrats and the Attorney General's office reach the same conclusion in their closing briefs — the law is clear that all candidates must be given a shot at winning in September.

Deputy Attorney General Kevin Benson, representing Miller, said a court should uphold an agency's interpretation of a law so long "as it is reasonable and does not conflict with legislative intent."

Democrats, in the brief written by Las Vegas attorney Bradley Scott Schrager, said the Republican Party is jumping from one argument to another "in an effort to convince this court that the statute does not mean what it says."

Heller was named to the U.S. Senate by Gov. Brian Sandoval to succeed John Ensign, who stepped down last month. The Congressional District, which covers all of Northern Nevada and a sliver of Clark County, has a majority of GOP voters. No Democrat has ever won in that district.

But Democrats believe that the more candidates divides the Republican vote and gives them a better chance to win.

The secretary of state has decided all candidates must be on the ballot in September. The Republican Party filed suit to overturn the decision of Miller.