Hon. Ross MILLER, Secretary of State of the State of Nevada, Petitioner,
v.
Dan BURK, Registrar of Voters for Washoe County; Harvard L. Lomax, Registrar of Voters for Clark County; and Kelly G. Helton, Churchill County Clerk, In Their Official Capacities, Respondents, and
Howard Rosenberg; James Ainsworth; Thalia Dondero; Ruth Johnson; Mary Beth Scow; Bruce L. Woodbury; Lynn L. Pearce; and Harold Newman, In Their Capacities as Candidates for Certain Offices, Real Parties in Interest.
Steve Sisolak, An Individual and Elector Citizen, Petitioner,
v.
Harvard L. Lomax, Registrar of Voters for Clark County; and David Roger, Clark County District Attorney, In Their Official Capacities, Respondents, and
Bruce L. Woodbury, In His Capacity as Candidate for Clark County Commissioner, District A, Real Party in Interest.
Supreme Court of Nevada.https://leagle.com/images/logo.png
July 25, 2008.
July 25, 2008.
Attorney(s) appearing for the Case
Catherine Cortez Masto, Attorney General, and Wayne C. Howie and Nhu Q. Nguyen, Senior Deputies Attorney General, Carson City, for Petitioner Miller.
Gordon & Silver, Ltd., and Dominic P. Gentile and Leigh C. Davis, Las Vegas, for Petitioner Sisolak.
David J. Roger, District Attorney, and Mary-Anne Miller, Deputy District Attorney, Clark County, for Respondent Lomax.
Kelly G. Helton, Fallon, in Proper Person.
Richard A. Gammick, District Attorney, and Herbert B. Kaplan, Deputy District Attorney, Washoe County, for Respondent Burk.
Byron L. Bilyeu, Reno, for Real Party in Interest Rosenberg.
Arthur E. Mallory, District Attorney, and Thomas L. Stockard, Chief Deputy District Attorney, Churchill County, for Real Parties in Interest Pearce and Newman.
James Ainsworth, Sun Valley, in Proper Person.
Jones Vargas and Bradley Scott Schrager, Edward M. Garcia, and Joseph W. Brown, Las Vegas, for Real Parties in Interest Dondero, Johnson, Scow, and Woodbury.
Law Offices of Gamage & Gamage and William H. Gamage, Las Vegas, for Amicus Curiae.
Legislative Counsel Bureau Legal Division and Brenda J. Erdoes, Legislative Counsel, Eileen G. O'Grady, Chief Deputy Legislative Counsel, and Kevin C. Powers, Senior Principal Deputy Legislative Counsel, Carson City, for Intervenor Legislature of the State of Nevada.
Before the Court En Banc.
Supreme Court of Nevada.
OPINION
By the Court, GIBBONS, C.J.:
Petitioners challenge real parties in interest's candidacies for state offices or positions on local governing bodies based on the Nevada Constitution's Article 15, Section 3(2) term-limit amendment. That amendment, which became effective in late November 1996, provides that a person may not serve more than 12 years in any state office or as a member of any local governing body. The primary question presented here...
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