The Nevada Supreme Court does need to decide whether state- and local-government employees can serve in the Legislature, and the sooner the better.
That's one of the points on which we disagree with the Legislative Counsel Bureau's response to Attorney General Brian Sandoval, whose opinion is that state employees can't serve and local-government employees can.
We've previously stated our position that the Nevada Constitution bars state-government employees from simultaneously serving as state legislators, so we won't go in depth on that point here. Suffice it to say there is considerable argument on both sides.
The point we do want to make, however, is the clear-cut practicality of Sandoval's reasoning: If you're elected to legislative office, you can't work for state government.
The Legislative Counsel Bureau's alternative is to decide each instance case by case. Can the governor's janitor hold a legislative seat? Probably so, because he doesn't set policy. Can the head of Public Safety serve in the Legislature? Probably not, because he does set policy.
We bring up this potential web of uncertainty because we'd like candidates and voters to know the rules before this fall's elections. Whatever the course it takes to get there, we don't see anyone short of the Nevada Supreme Court deciding the issue with any finality.
From the voters' point of view, it's going to make some difference in their evaluation of candidates to know their status.
For a few candidates, it may or may not force a tough decision. In the case of Assemblyman Ron Knecht of Carson City, who works for the Public Utilities Commission, he has said he will go back to the private sector if the ruling goes against state employees and he is re-elected.
The Supreme Court should clear away the murkiness before we vote. Regardless of which candidates win, the issue won't go away. And it could have an effect on Election Day.
