An attempt to remove five local officials seeking re-election from the ballot by the Secretary of State over term limits won't receive backing from Douglas County District Attorney Mark Jackson.
The challenges were filed Friday and Monday by Deputy Secretary of State Matt Griffin against Minden Town Board candidates Ray Wilson and Bruce Jacobsen, Gardnerville Town Board candidate Randy Slater and Jim Beattie and Bob Cook, both seeking re-election to the Kingsbury General Improvement District.
Jackson said Tuesday it is up to him whether to act on the challenges.
"I have determined there is no probable cause to remove the candidates from the ballot," Jackson said.
"That's based on my review of the law, the Nevada attorney general's opinion in this matter and looking at the actual challenges."
Jackson said he has five working days to make a decision, but the state could appeal what he does.
"There are certain remedies available to the secretary of state's office. I imagine they will take advantage of that," Jackson said.
Jackson said challenges were filed in Douglas, Churchill, Clark, Humboldt, Pershing and Washoe counties. He said district attorneys in Humboldt and Pershing have found cause to remove the candidates from the ballots.
The issue goes to the district courts in those jurisdictions.
The Nevada Secretary of State's Office released a list of local elected officials across Nevada who have exceeded their respective term limits.
In the absence of a challenge, the office-seekers are free to proceed.
"What upsets me is the timing of this whole thing," said Minden Town Board member Bruce Jacobsen. "All the county clerks notified the secretary of state it might be an issue months ago, and now they're doing this after the filing deadline passed."
Ray Wilson, who's served on the Minden board with Jacobsen for more than two decades, said Monday he was waiting for confirmation.
"If Bruce and I can't run again, it disenfranchises everybody in Minden," Wilson said.
Voters approved a constitutional limit on terms for Nevada's lawmaking boards in November 1996. Under the law, no one could serve for longer than 12 years.
Minden attorney Mike Rowe, who serves as counsel to both the town of Gardnerville and the Gardnerville Ranchos district board, said that then-Attorney General Frankie Sue Del Papa issued an opinion that the law would not apply to those candidates who were elected in 1996 until they filed for re-election.
Rowe said that opinion was confirmed by then-Douglas County District Attorney Scott Doyle in 1999.
"When Scott was asked about this, he wrote an opinion that concluded the term limits do not affect those officers who took oaths of office in 1997, but that they would apply when they next stand for election."
Rowe said it is possible that Miller doesn't have the authority to challenge a local candidate.
"It's my understanding that he has no incumbent authority to govern local races," he said. "He cannot bring any action, he must rely on the district attorney."
Slater said he wasn't going to file, but was told he could.
"I'm surprised," he said. "I'd researched it and according to that I was OK."
Minden town board member Ross Chichester he felt the challenges' timing disenfranchised people who might have otherwise sought the seats.
"Nobody ran against them, which means they expire in January and a new Board of County Commissioners will appoint two new board members," Chichester said. "I talked to at least one person who would have loved to run. Miller was asked this question in January but he ruled two days before filing closed. It is absolutely ludicrous."
