When it comes to establishing rules for the Congressional District 2 special election, Nevada Supreme Court justices hinted that they may defer to Secretary of State Ross Miller.
According to the Las Vegas Review-Journal, Justice James Hardesty said the court should refer to the Secretary of State "when there are no clear regulations on election matters."
Current Nevada election laws do not allow primaries for special elections, meaning any qualified candidate can run for election, which is Miller's interpretation, or each party committee nominates its own candidate, the interpretation held by the Nevada Republican Party.
The case is being fast-tracked in the court and Miller told the RJ he expects a decision by July 6 when final ballot printing is due.
June 24, 2011
Arberry charged with hiding campaign donations
Attorney General Catherine Cortez Masto charged former Assemblyman Morse Arberry, D., with failure to report over 100 campaign donations totalling $121,545, according to the Las Vegas Sun.
The Sun's Jon Ralston linked to the complaint filed by the attorney general. Ralston noted there are six counts in the complaint but "they all have to do with him being accused of filing false campaign reports."
The Arberry investigation began in October 2010 after he attempted to sign a $10,000-a-month lobbying contract with Clark County district judges. No court date has been set.
The Sun's Jon Ralston linked to the complaint filed by the attorney general. Ralston noted there are six counts in the complaint but "they all have to do with him being accused of filing false campaign reports."
The Arberry investigation began in October 2010 after he attempted to sign a $10,000-a-month lobbying contract with Clark County district judges. No court date has been set.
June 23, 2011
Transparency Review (6/20-6/24)
TransparentNevada highlighted five transparency-related bills Governor Brian Sandoval signed at Legislative session deadline last week. The bills included three campaign finance reform bills championed by Secretary of State Ross Miller, and two bills affecting Nevada's Open Meeting Laws.- Former State Senate Majority and Minority Leader Bill Raggio, R., Reno, questioned the constitutionality of Nevada's redistricting plans going court, telling Ray Hagar of the Reno Gazette-Journal, "If I were governor, I would call a special session and limit it to redistricting."
- In a story that could be politically devastating, Jon Ralston of the Las Vegas Sun reported that newly-declared GOP presidential candidate Jon Huntsman's family donated nearly $25,000 to Harry Reid's 2010 re-election campaign. Huntsman also received Reid's "endorsement," when Reid said: "If I had a choice in that [GOP presidential primary] race, I'd chose Huntsman over Romney."
- According to the Nevada News Bureau, Secretary of State Ross Miller is asking county clerks and registrars about the possibility of using mail-in ballots in the upcoming Congressional District 2 special election, as a way to "...reduce the cost to the taxpayers." Under recently passed AB82, a county clerk can make any precinct in his or her county a mailing precinct with the Secretary of State's approval.
June 20, 2011
Two Open Meeting bills signed into law
In addition to signing three campaign finance reform laws last week, Governor Brian Sandoval, R, also signed two bills affecting Nevada's Open Meeting Laws.
Assembly Bill 257, sponsored by Republican Assemblymen John Ellison and Pete Goicoechea, requires public meetings to hold two public comment periods: one before a meeting on which action may be taken and a period after each agenda item is discussed by the public.
Assembly Bill 59, sponsored by the Assembly Committee on Government Affairs, strengthens penalties for violators of the Open Meeting Laws. Specific penalties include Sections 6 and 7, which state public body members who attend a meeting with knowledge that the meeting violates Open Meeting Laws could be guilty of a misdemeanor and fined up to $500.
While stricter penalties may promote compliance, NPRI's Karen Gray notes that Nevada has a sloppy history of enforcing Open Meeting Laws and fines are no substitute for stricter enforcement.
Assembly Bill 257, sponsored by Republican Assemblymen John Ellison and Pete Goicoechea, requires public meetings to hold two public comment periods: one before a meeting on which action may be taken and a period after each agenda item is discussed by the public.
Assembly Bill 59, sponsored by the Assembly Committee on Government Affairs, strengthens penalties for violators of the Open Meeting Laws. Specific penalties include Sections 6 and 7, which state public body members who attend a meeting with knowledge that the meeting violates Open Meeting Laws could be guilty of a misdemeanor and fined up to $500.
While stricter penalties may promote compliance, NPRI's Karen Gray notes that Nevada has a sloppy history of enforcing Open Meeting Laws and fines are no substitute for stricter enforcement.
June 17, 2011
Sandoval signs campaign finance bills
Governor Brian Sandoval (R) may have broken his "no new taxes" pledge in the final days of the Legislative session but he stuck to his guns on increasing government transparency.
Sandoval signed Assembly Bills 81, 82 and 452 into law last Friday, the final day he could sign or veto bills passed by the Legislature. Secretary of State Ross Miller heavily championed all three bills, and Miller was happy to see the bill pass.
“I think collectively taken together this will take a substantial step forward in terms of campaign finance and election reform,” Miller told the Nevada News Bureau.
AB 81, aka "The Rory Reid Bill," prevents candidates from creating political action committees for circumventing campaign contribution limits. Reid recently agreed to pay a $25,000 fine for using 90 shell PACS to filter campaign contributions during his failed gubernatorial campaign.
AB 82 enables counties to establish electronic voter registration databases, and also includes a last-minute amendment preventing candidates from accepting campaign contributions from foreign nationals.
AB 452, arguably the most significant campaign finance bill, requires candidates to file online campaign expense reports and establishes an earlier reporting period so early voters have an opportunity to review campaign finance data.
The biggest transparency measure that didn't pass was the "cool-off" clause in AB 452, which would've created a two-year "cooling off period" before former legislators can become paid lobbyists.
Overall, the three bills should help eliminate corruption while increasing transparency in during campaign season.
Sandoval signed Assembly Bills 81, 82 and 452 into law last Friday, the final day he could sign or veto bills passed by the Legislature. Secretary of State Ross Miller heavily championed all three bills, and Miller was happy to see the bill pass.
“I think collectively taken together this will take a substantial step forward in terms of campaign finance and election reform,” Miller told the Nevada News Bureau.
AB 81, aka "The Rory Reid Bill," prevents candidates from creating political action committees for circumventing campaign contribution limits. Reid recently agreed to pay a $25,000 fine for using 90 shell PACS to filter campaign contributions during his failed gubernatorial campaign.
AB 82 enables counties to establish electronic voter registration databases, and also includes a last-minute amendment preventing candidates from accepting campaign contributions from foreign nationals.
AB 452, arguably the most significant campaign finance bill, requires candidates to file online campaign expense reports and establishes an earlier reporting period so early voters have an opportunity to review campaign finance data.
The biggest transparency measure that didn't pass was the "cool-off" clause in AB 452, which would've created a two-year "cooling off period" before former legislators can become paid lobbyists.
Overall, the three bills should help eliminate corruption while increasing transparency in during campaign season.
Transparency Review (6/13-6/17)
On Monday, the U.S Supreme Court unanimously ruled that a lawmaker's vote is not considered free speech, and hence, the First Amendment does not protect lawmakers from voting when he or she has a conflict of interest. This ruling overturned a previous ruling by the Nevada Supreme Court. NPRI's Eric Davis blogged about the ruling here.The Reno Gazette-Journal reports that Governor Brian Sandoval, R., has signed 45 bills into law and vetoed two on Wednesday. The two bills Sandoval vetoed regarded a new construction worker hiring incentive and a requirement for childcare providers to complete 24 hours of training each year.
The net worth of Nevada's congressional delegation is between $12.3 million and $46.2 million, according to The Hill. Writing for the Nevada News Bureau, Elizabeth Crum lists the net worth of each Nevada representative:
- Rep. Shelley Berkeley (D., CD-1), worth a minimum of $6.1 million and maximum of $23.9 million
- Senate Majority Leader Harry Reid, D., between $3.35-$10.4 million
- Senator Dean Heller, R., between $2.5-$11 million.
- Rep. Joe Heck, (R., CD-3), between $378,000-$895,000 and he continues to pay off medical school loans.
Rep. Anthony Weiner, D., NY, informed Democratic House leadership he plans on resigning from Congress. Last week, Weiner admitted to sexting and tweeting lewd pictures to college girls.
June 13, 2011
Supreme Court: A lawmaker's vote is not free speech
Overturning the Nevada Supreme Court, the U.S. Supreme Court has unanimously ruled that a lawmaker's vote should not be considered free speech and therefore is not protected by the First Amendment:
You can also read a reaction to the ruling from one of Mr. Carrigan's lawyers.
Reaffirming more than two centuries of law, the Supreme Court ruled Monday that a legislator’s vote on pending bills, and arguments made during debate on such measures, are not a form of free speech that is protected by the First Amendment. Although the Court was unanimous in overturning a Nevada Supreme Court ruling conferring First Amendment protection for legislative actions, two Justices voiced some reservations about potential implications of the ruling. The case is Nevada Commission on Ethics v. Carrigan (docket 10-568).
You can also read a reaction to the ruling from one of Mr. Carrigan's lawyers.
June 7, 2011
Transparency Review (6/6-6/10)
The third legislative session's the charm for Secretary of State Ross Miller. After falling in two previous Legislative sessions, his campaign finance reform bills have finally passed both chambers and reached the Governor's desk. Miller's bills, AB81, AB82, and AB452, address a variety of campaign transparency issues ranging from requiring candidates to file electronic expense reports to reforming PAC donations. One aspect of the bills that didn't reach the Governor's desk was the one-year "cooling-off" period for elected officials transitioning into lobbying.- Over 130 bills await the Governor's signature as a result of the final days of session, according to the Reno Gazette-Journal. A few of the transparency-related bills include SB125, requiring candidates to file their campaign contributions reports twenty-one days prior to primary elections to benefit early voters, AB242, requiring organizations receiving money from the Department of Health and Human Services to make financial reports public, and AB337, revising campaign violations notices.
- On the national level, Senator Kristen Gillibrand, D., N.Y., reintroduced two transparency-related bills in the Senate. The Senate Campaign Disclosure Parity Act would require senators to file campaign expense reports electronically. A similar bill was introduced in 2003 but was shot down, ironically, by former Senator John Ensign, R., NV. Her second bill, the Public Online Information Act, would require all public documents to be made available and machine-searchable online.
- NPRI intern Alexander Cooper explains how the Clark County School Board's redistricting plan dilutes Latino voters despite Latino students making up 41 percent of the district's population.
June 2, 2011
Transparency Review (5/30 - 6/3)
• Making sense of Nevada's fiscal state could be made easier following Gov. Sandoval's signing of AB276. The bill "will require [the State Controller's office] to post data concerning the expenditures and revenues of the state, including a table displaying all revenues received during each month from certain sources; a table displaying all expenditures made each month for certain purposes; a graph displaying certain cumulative expenditures by month during the current biennium and the immediately preceding biennium; and additional information as well."
• Political scientist Chris Bonneau makes the case for judicial elections. He argues by insulating judges from the electorate, it also insulates them from having to follow the law and the Constitution.
• The Las Vegas Sun's J. Patrick Coolican rails against term limits, claiming it deprives the state of knowledgeable and invested lawmakers.
• A Reno Gazette-Journal investigation finds almost 700 state employees currently — and legally — drawing both a paycheck and retirement pay.
• The world of campaign finance law received a jolt last week after a Virginia judge ruled that corporations can directly donate to candidates. The judge applied the logic of the Supreme Court's 2010 Citizens United decision and held that corporations are as much entitled to free-speech rights as citizens. However, it now appears the judge is walking back his decision in light of a 2003 Supreme Court decision in which the Court upheld a ban on corporation donations to candidates.
• Political scientist Chris Bonneau makes the case for judicial elections. He argues by insulating judges from the electorate, it also insulates them from having to follow the law and the Constitution.
• The Las Vegas Sun's J. Patrick Coolican rails against term limits, claiming it deprives the state of knowledgeable and invested lawmakers.
• A Reno Gazette-Journal investigation finds almost 700 state employees currently — and legally — drawing both a paycheck and retirement pay.
• The world of campaign finance law received a jolt last week after a Virginia judge ruled that corporations can directly donate to candidates. The judge applied the logic of the Supreme Court's 2010 Citizens United decision and held that corporations are as much entitled to free-speech rights as citizens. However, it now appears the judge is walking back his decision in light of a 2003 Supreme Court decision in which the Court upheld a ban on corporation donations to candidates.
June 1, 2011
Sandoval vetoes Democrats' second redistricting plan
For the second time within a month, Governor Brian Sandoval vetoed Democrat-drawn redistricting maps, setting up a potential courtroom battle.
"The plan reflected in the bill did not provide for the fair representation of the people of the state of Nevada, nor did it comply with the Voting Rights Act of 1965," Sandoval wrote regarding his veto, an almost word-for-word repeat of his first veto message.
With only six days left in the Legislative session and lawmakers just now finalizing the state budget, it's unlikely the Democrats will introduce a third draft of maps, especially since the first two passed along party-line votes and the Democrats haven't responded to Republican requests for compromise.
Unless an eleventh-hour miracle happens, it's likely the redistricting battle will shift to the courts over the summer. For more redistricting updates, keep following Nevada Journal and Transparent Nevada's Redistricting page for the latest information.
"The plan reflected in the bill did not provide for the fair representation of the people of the state of Nevada, nor did it comply with the Voting Rights Act of 1965," Sandoval wrote regarding his veto, an almost word-for-word repeat of his first veto message.
With only six days left in the Legislative session and lawmakers just now finalizing the state budget, it's unlikely the Democrats will introduce a third draft of maps, especially since the first two passed along party-line votes and the Democrats haven't responded to Republican requests for compromise.
Unless an eleventh-hour miracle happens, it's likely the redistricting battle will shift to the courts over the summer. For more redistricting updates, keep following Nevada Journal and Transparent Nevada's Redistricting page for the latest information.
Subscribe to:
Posts (Atom)
Posts
