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STATE EMPLOYEES ASS'N, INC. v. LAU

No. 25386.

877 P.2d 531 (1994)

STATE of Nevada EMPLOYEES ASSOCIATION, INC., a Nevada Corporation, As Representative of its Members Who are Voters and Taxpayers in the State of Nevada; and Robert Gagnier, as an Individual, Resident, Citizen, Taxpayer and Elector of the State of Nevada, Petitioners, v. Cheryl LAU, in Her Official Capacity as Secretary of State of Nevada, Respondent, and Bob Miller, Real Party in Interest.

Supreme Court of Nevada.

July 7, 1994.

Attorney(s) appearing for the Case

Norah Ann McCoy, Carson City, for petitioners.

Benesch & Fermoile, Reno, for respondent.

Beckley, Singleton, DeLanoy, Jemison & List and Daniel F. Polsenberg, Las Vegas, for real party in interest.

OPINION

ROSE, Chief Justice:

Petitioners contend that because Bob Miller (Miller) served as acting governor for 734 days, he is ineligible for reelection pursuant to Article 5, section 3 of the Nevada Constitution.1 For reasons stated below, we reject this argument.

Richard Bryan (Bryan) began his second term as governor of Nevada on Monday, January 5, 1987. His official term of office would have lasted until the...

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