Constitution Party Wins Nevada Ballot Access Case

On July 13, a Nevada state district court in Las Vegas ordered that Lance Hinton should be placed on the November ballot as the Constitution (Independent American) Party candidate for Clark County Treasurer. The case is Indp. Amer. Party v Lomax, A522324.

Clark County election officials had refused to put Hinton on the ballot because they said he isn’t validly registered to vote. Hinton had registered to vote, but he had refused to provide his Social Security Number. Elections officials had claimed that state law requires either the last 4 digits or the Social Security number, or the individual’s drivers license number. However, state law says if an individual does not furnish either of these numbers, he or she may instead submit an affidavit of identity, signed under penalty of perjury. Hinton submitted such an affidavit but Clark County elections officials rejected it, claiming it wasn’t good enough.


Comments

Constitution Party Wins Nevada Ballot Access Case — 8 Comments

  1. Um, maybe I’m missing something, but does the Nevada state constitution require a candidate for public office to be registered to vote?

    If so, it shouldn’t, although I can’t imagine anyone so situated getting elected to any office.

    Howard Hirsch
    Dayton, Nevada

  2. You left off the fun part.

    The Registrar of Voters, Harvard Lomax, committed a felony when he refused to register Hinton to vote. We will be filing criminal charges against Lomax as soon as we get the transcripts of the hearing. The judge said that Lomax’s actions crated a “chilling effect” on Hinton’s efforts to register to vote. That is a felony according to:

    NRS 293.5045 Voter registration agencies: Prohibited acts; penalty.
    1. A person who works in a voter registration agency shall not:
    (c) Make any statement or take any action to discourage an applicant from registering to vote;…
    2. A person who violates any of the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

  3. BAN wrote: “However, HAVA says if an individual does not furnish either of these numbers, he or she may instead submit an affidavit of identity, signed under penalty of perjury.”

    This is not correct. HAVA does not say this. Nevada law does. That was what part of the battle was about. And Nevada law provides for several different forms of ID while HAVA does not. HAVA, however, only applies to federal elections.

  4. Nevada is one of the strangest, most contradictory places, probably in the world.
    In most of the state, a person can, for 24 hours every day, buy liquor, gamble, visit a brothel.
    Yet the state is so repressive in so many ways: For example, a person must be investigated by a sheriff’s department before he can take many jobs.
    Terribly reminiscent of Soviet Russia or Red China.
    Further, a similar situation has come up in Nevada: I was denied the right to register, in 1996, but the registrar in Carson City never even had the decency, the simple courtesy, to let me know, to answer my mail, even after I had referred him to a Federal court decision that I was in the right.
    But, a few years later, a young man who also for religious reasons declined to give his Slave Surveillance Number WAS allowed to register and to vote, partly because he too threated to sue.
    I believe it was in Clark County.
    So there is precedence.
    And the lesson is this: Make the PIGs (Persons in Government) personally liable for their actions.
    When they break a law or, worse, when they violate a right, SUE THEM.

  5. Hey Michael,

    We are going to submit more information to the judge on this issue.

    Could you place your story in an affidavit sign in front of a notary and mail it to me at:

    Christopher Hansen
    415 Sout 6th St. Suite 200
    Las Vegas, Nevada 89101

    You gave me a great idea and that is to show the judge that a lot of people do not vote BECAUSE of the Social Security number.

    This judge is pro-voting rights.

    It could make a difference.

    My direct Email is christopher@independentamerican.org

    Thanks,

    Christopher Hansen

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