Candidate faces removal from ballot

A guardian will be appointed to aid a Douglas County commissioner candidate who’s being sued because he allegedly changed his party midway through the election.

Jason Garrett Gibson, who filed as a Democrat in March, is having his candidacy challenged because he changed his registration to the Natural Law Party in July, the county said in a lawsuit filed Aug. 5.

That case is complicated because Gibson was taken into custody the next day after he failed to arrange to make an appointment with Lakes Crossing for medication designed to restore him to competency in a criminal case.

Gibson was remanded by Tahoe Township Justice Court Judge Mike Johnson, who scheduled an Aug. 27 hearing.

Gibson appeared before District Judge Tod Young on Monday where he denied he was incompetent and asked the judge to order a date certain when he could be treated.

“I am totally competent,” he said, indicating a neighbor was in court to testify on his behalf.

Young said it was his intention to appoint a guardian ad litem in the case who could make decisions involving the lawsuit, including hiring an attorney.

Gibson has a court appointed attorney in the Tahoe Township case, but the lawsuit is a civil case.

Young vacated a Thursday hearing, saying the guardian would require some time to work out what to do and to hire an attorney.

The lawsuit might be the first instance where a county challenges a candidate’s qualifications to be on the ballot.

According to court documents, Clerk-Treasurer Amy Burgans learned Gibson changed his party affiliation on July 12.

Gibson registered to vote as a Democrat on March 6 and then nine days later filed for the Commission District 1 seat.

Both the Democratic and Republican parties are defined as major parties under Nevada law, and hence don’t require someone to obtain signatures to file for office.

Douglas County Commissioner Danny Tarkanian, a Republican, and nonpartisan challenger Brian Dempsey are on the ballot in November.

In order to qualify for office, someone must live within the confines of the district, though voters across the county will see commissioner candidates on their ballots.

According to court documents, Gibson logged onto the DMV online portal on July 12 and changed his mailing address and his party affiliation to the Natural Law Party.

“The clerk and the district attorney’s office believes credible evidence exists to indicate Gibson fails to meet the qualifications for the office of county commissioner, District 1, based upon … changing the designation of his political affiliation on an application to register to vote.”

There is a method to challenge a candidate’s legitimacy, but the deadline is within a week after the last day to withdraw, something that Young pointed out has long since passed.

Instead, he said he would “treat the matter instead as one for declaratory relief” under Nevada law.

According to court documents reviewed by The Record-Courier on Friday, a doctor at Lakes Crossing found that Gibson wasn’t competent to aid in his defense in three different matters that were transferred to Tahoe from East Fork. The doctor said he could be restored to competency with medication, but that he refused to make an appointment, according to court documents.

The deadline to finalize the general election ballot language and authorize printing and distribution is Sept. 2. Should Young rule in the county’s favor, but not in time to fix the ballot, Gibson’s disqualification would be posted at the polls and included with each mail ballot.

Gibson has been a constant presence at Douglas County commissioner meetings, where some of his statements have prompted strenuous admonishments from the chairman.

Gibson grew up in Carson Valley but left and was living in Oregon where he ran for mayor of The Dalles in 2020.

According to filings in the Nevada Supreme Court, he returned to Nevada to handle his parents’ estate in the Gardnerville Ranchos but was determined to be ineligible to be executor due to a previous felony conviction.

He is appealing that ruling to the Supreme Court.