Nevada Secretary of State says he can’t be sued

By Cy Ryan

Thursday, June 23, 2011 | 3:15 p.m.

CARSON CITY – Secretary of State Ross Miller says he has sovereign immunity and cannot be sued by Democrats in the battle over reapportionment of four congressional seats in Nevada and the legislative districts.

Miller filed his answer this week to the complaint brought against him by Democrats in February to prohibit him from calling any future election based on the present invalid makeup of the districts due to the increase in population.

District Judge Todd Russell, who has been assigned the case, has set a hearing on July 12 to check the status of the complaint, set a briefing schedule and to schedule a formal hearing.

Republican Gov. Brian Sandoval vetoed two reapportionment plans drawn by Democrats in the Legislature and he has refused to call a special session on the issue.

Miller, in the answer prepared by Deputy Attorney General Kevin Benson, says the Democrats should “take nothing by way of the complaint.” And he asks for attorney fees and court costs.

Both Democrats and Republicans agree the present makeup of the congressional and legislative districts is invalid based on the population growth. Democrats say the 2010 census of Nevada showed 2,700,551 residents compared to 1,998,257 in 2000.

Democrats, in the complaint filed in February by Las Vegas lawyer Bradley S. Schrager, ask the court to “take actions necessary to determine and order valid plans for the Legislature and Congressional Districts.”

Republicans, in their motion to intervene filed by Las Vegas attorney Mark Hutchison, asked the court to declare the present districts invalid and retain jurisdiction to redraw the lines.

Both parties seek an injunction to stop the Secretary of State from going forward with any election based on the 10-year-old population figures.