Las Vegas Sun

March 28, 2024

Nevada Supreme Court denies stay in reapportionment suit

CARSON CITY – The Nevada Supreme Court has denied the petition of Secretary of State Ross Miller to issue an emergency order stopping a special panel from drawing a reapportionment plan for U.S. Congress and the Nevada Legislature districts.

The court said the public interest in having the redistricting issue resolved quickly overrides the concerns of Miller.

“Strong public policy reasons dictate that the parties’ concerns are subordinate to the general public’s interest in having this redistricting matter resolved expediently so as to avoid continued and ongoing disruption to Nevada’s election process,” the court said.

Miller had petitioned the court for the emergency order, saying there would be serious harm if the special panel went forward with its work in drawing the redistricting plan. He argued that District Judge Todd Russell, who appointed the panel, had not given it legal direction in such things as drawing up districts that are heavily Hispanic.

After Miller filed his petition for an emergency order, Democrats submitted a motion backing him. Republicans filed a motion opposing Miller’s petition.

The secretary of state, however, didn't want to stop the special panel from conducting public hearings Monday in Las Vegas and Tuesday in Carson City. Russell created the three-member special panel to draw up the realignment map.

The court noted the Nevada Constitution says the Legislature is mandated to accomplish this task. Democrats in the Legislature pushed through two reapportionment bills but both were vetoed by Republican Gov. Brian Sandoval.

The court also wants Miller to answer whether Sandoval has the authority to impose his veto on the two bills. The court noted it has the power to order the Legislature into special session.

Miller said the normal course would be to ask for the emergency order from the district court, but in this case, his petition is challenging the decision of Russell, so he said he is able to submit the emergency motion to the Supreme Court.

The secretary of state said stopping the panel from drawing the maps until it gets the legal guidance of Russell “will avoid potentially having to redraw the maps.”

The Supreme Court, in its order denying Miller’s emergency stay, said “While the upcoming proceedings in district court could cause additional cost to the parties involved in this litigation, the public’s interest in a quick and successful resolution to the redistricting process compels us to allow the district court proceedings to take place in tandem with the writ proceedings in this court.”

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