Early ballots now contain notice regarding term-limits

Beginning today absentee ballots in the 21 races affected by Friday's state Supreme Court decision will all contain a notice informing the voter that certain candidates might be ineligible to serve because of term limits, state officials tell PolitickerNV.com.

Early voting began on Saturday, a day after the court unanimously upheld a decision approved by voters in 1996.

Consequently, nothing in the statue allows for an additional filing period for candidates, according to Matt Griffin of the elections division with the Secretary of State's office.

"There will be no special elections," Griffin said. "All of the seats will be filled."

(Earlier today Howard Rosenberg, a Nevada university system regent, who was just barred from running again, said he might appeal the decision.)

Absentee and sample ballots were sent out to polling locations around the state several weeks ago and because of limited time before the August 12 primary, ineligible candidates will remain on the ballots. The Secretary of State's office will post notices at all of the polling stations advising voters of the newly ineligible individuals affected by the term limits.

Clark County sent out 25,000 absentee ballots and received 5,000 of them back before the court's ruling on Friday, said Larry Lomax Clark County Registrar of voters.

"Starting today all of the ballots we mail out will include the notice," Lomax said. "It is important for voters to inform themselves so they make their vote count in the way they want it to count. It looks to me like half of the voters aren't reading the notices."

There are several scenarios that could unfold in the upcoming primary with ineligible candidates still on the ballot.

If it is a partisan race and one of the ineligible candidates gets the most votes, the county party can appoint its replacement nominee, Griffin said.

If it is a non-partisan race where there are more candidates than vacancies, and one of the candidates is the top two highest vote recipients, it will go to the individual with the third highest votes. That individual will then proceed to the general election.

Lastly, if there is only candidate for the seat and that person has been ruled ineligible, the office will be declared vacant at the end of the term and an appointment will be made by the appropriate governing body.

In a statement by Secretary of State, Ross Miller, he claimed the court's ruling was appropriate for the voters.

"I am pleased and grateful for the court's expediency in providing a well-reasoned, fair decision. This decision is a victory for the people of Nevada. It has been and remains the priority of this office to uphold the will of the people of Nevada, and this decision further reaffirms that priority. It also reaffirms the legal obligation of the Secretary of State and the Attorney General to enforce Nevada's election laws. This decision should not, in any way, detract from the records of public service of the affected office holders. Each of them has served their respective constituency with integrity, setting admirable standards for public service," Miller said in a statement.

The 21 ineligible candidates include county commissioners, registrar of voters, two university regents and a Mosquito and weed abatement according to the secretary of state's website. Included in those tossed out was Clark County Commissioner Bruce Woodbury, who has served 27 years.

"I'm confident people will still vote for him, he has a lot of name recognition," Lomax said.

Legislators elected in 1996 were already in office before the term limits took effect and the court said they could not apply to them. The court's ruling from Friday does not apply term limits to state legislators until 2010.

"This is what the voters overwhelmingly wanted," Griffin said.