Assemblyman Marcus Conklin, D-Las Vegas, will have to absorb more than $35,000 in costs he incurred while defending himself against an election challenge that was later withdrawn.
The Assembly Select Committee on Credentials decided not to levy fines against Sandra June Vitolo of Las Vegas, who filed the election challenge, because the committee felt she had been used by other parties.
Conklin said he wasn't happy with the expense, but said it was money well spent to defend the voting rights of people in his district.
Vitolo filed the challenge against Conklin after she was asked by Francis Allen, whom Conklin defeated for the District 37 Assembly seat. After a day's consideration, she agreed because she "felt something wasn't quite right," Vitolo testified Tuesday.
Assemblyman Bob Beers, R-Las Vegas, participated in developing the challenge to the election, and consulted with Allen, Vitolo and Vitolo's attorney about its status.
Beers said after the meeting he believes the challenge was warranted. He also said Democratic committee members must have been disappointed that they could not discredit him about the challenge in an effort to silence him on the ongoing tax and budget debate.
Beers has been an outspoken opponent of Gov. Kenny Guinn's proposal to increase taxes.
The issue of the challenge began when a Las Vegas Review Journal column quoted Gary Horrocks, who lost to Allen in the Republican primary, as saying he had stolen the general election.
A number of absentee ballots for voters whose addresses were vacant were mailed to the tavern Horrocks owned. Horrocks also claimed to have cast 160 votes for Conklin.
The challenge listed 160 voters whose addresses Beers, Allen and other volunteers could not verify. Only 12 of those names were associated with Horrocks. The others were people who could have moved, yet still voted legally.
Conklin's attorney, Kathleen England, said she has verified the votes of more than half of the names on the list.
Vitolo's attorney, Craig Mueller, said that because state law requires election challenges to be filed within 14 days of the election, the initial research may have been less than complete.
Mueller said he waited until late January to withdraw the challenge because he was hoping a grand jury would indict Horrocks.
Assembly Majority Leader Barbara Buckley, D-Las Vegas, questioned Mueller's decision, saying that while he was waiting for the grand jury to do his investigative work, Conklin was running up legal fees defending himself.
She also said it would have been proper to verify the facts of the suit during the wait, which he hadn't done before filing the challenge.
"If it's important enough to challenge someone's seat, it's important enough to be accurate," Buckley said.
Committee Chairwoman Chris Giunchigliani, D-Las Vegas, said she has submitted a blank bill draft request so the committee members can propose changes to the statute on elections challenges, should they decide to do so.
