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CHILD v. LOMAX

No. 51802.

188 P.3d 1103 (2008)

Kevin CHILD, Petitioner, v. Harvard LOMAX, in his Official Capacity as Registrar of Voters for Clark County, Nevada; Ross Miller, In his Official Capacity as Secretary of State of Nevada, and Barbara E. Buckley, In her Capacity as Candidate for Nevada State Assembly, District 8, Real Party in Interest.

Supreme Court of Nevada.

July 25, 2008.

Attorney(s) appearing for the Case

Kolesar & Leatham, Chtd., and Georlen Kay Spangler and Matthew J. Forstadt, Las Vegas, for Petitioner.

Catherine Cortez Masto, Attorney General, and Nhu Q. Nguyen, Senior Deputy Attorney General, Carson City, for Respondent Miller.

David J. Roger, District Attorney, and Mary-Anne Miller, Deputy District Attorney, Clark County, for Respondent Lomax.

Bradley Drendel & Jeanney and Bill Bradley, Reno, for Real Party in Interest Buckley.

BEFORE THE COURT EN BANC.

OPINION

By the Court, GIBBONS, C.J.:

In this original petition for a writ of mandamus, we examine a Nevada constitutional amendment that precludes State Assembly members from serving more than 12 years in office.1 In examining that amendment, we first address two issues: whether a petition for a writ of mandamus is the appropriate means for challenging a State Assembly member's qualifications to run for office and whether...

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