Based on election results posted on the City of Fernley website, Donald Parsons has won the Ward 2 city council seat in the special election. Parsons edged Donald Howard in voting among the 40 or so who voted in the general election but were denied their right to vote in Ward 2, being directed instead to vote in Ward 5 due to a glitch in the county's coding system.
Here are the vote tallies from the city's website:
Special Election Results for Ward 2 Councilman
Donald Howard
8
Donald Parsons
16
Total
24
City elections are held every even year with the County and Federal elections. Last General Election was held on November 4, 2008. The following candidates obtained the highest number of votes in 2008 General Election and Special City Election.
Ward One Kelly Malloy; Ward Two Donald R. Parsons; Ward Four Curt Chaffin.
Parsons is scheduled to be sworn in at this week's city council meeting and will occupy the seat formerly held by Joe Mortenson who won election to the Lyon County Commission in the November election.
The outcome of the Ward 2 race was first called into question the day after the general election last November. Following some weeks of political wrangling where the issue was tossed back and forth between the city and county like a hot potato, the situation came to a head January 7. With just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons.
Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek the emergency injunction.
Following a short, albeit divisive meeting in mid-January, the city council called for a special election, of sorts, that would allow the disenfranchised voters in Ward 2 to cast a ballot for city council. Of those voters, apparently just over half decided to participate in the special election to determine the outcome of the Ward 2 race.
Showing posts with label Ward 2. Show all posts
Showing posts with label Ward 2. Show all posts
Tuesday, February 3, 2009
Wednesday, January 14, 2009
Fernley Council Splits On Actions To Fix Ward Two Election Snafu
The Fernley City Council agreed to disagree on what measures could be taken to rectify the fact that some voters in Ward 2 were denied their right to vote for a council candidate in last November's general election. Following a short, albeit divisive meeting Wednesday evening, the council called for a special election, of sorts, that would allow those voters in Ward 2 to cast a ballot for city council.
With the matter already on tap for a hearing in district court January 26, the council essentially had two options: go to court and defend the city's actions or authorize a special election that would give those voters who were denied the chance to vote. City Attorney Jeff McGowan told the council that based on his conversations with the Nevada Secretary of State's office, the special election option would be sufficient for Secretary of State Ross Miller to drop court action that was initiated last week.
As members of the council discussed the options and their positions on the matter, it quickly became clear that an unusual divide was forming. On one side, Cal Eilrich, Ward 5 and Kelly Malloy, Ward 1, were coming down on the side of letting the court decide the best course of action. Councilmen Curt Chaffin, Ward 4 and Monte Martin, Ward 3, pushed for a localized solution in calling for a special election.
The one point both sides agreed upon was that the issue revolves around voters who were denied their right to vote due to a computer glitch, and not about who actually wins the election between Donald Howard and Donald Parsons.
"Let's face it, this is a no-win scenario," Eilrich said. "No matter which way it goes, there are going to be losers."
Both Eilrich and Malloy suggested that there is some level of responsiblity on the part of voters to check sample ballots in advance of the election and bring problems to the attention of the city and/or county.
"There is ample opportunity to check sample ballots, ask questions and get informed before the election," Malloy said. "I have a hard time recommending a special election when it could be overturned by the court."
Shying away from letting the court mandate the city's actions, Chaffin suggested the simplest way would be to find those people and make sure they get to vote. "I'm leaning toward taking some action and letting them vote, and the county clerk can tally the results. Otherwise, we leave it to the state."
Martin concurred and said he believes it's important for the council to do what is right. "We have a lot of firepower telling us we need to do something. We have to take some action--allow these people to vote--let the chips fall where they may."
At that point, Malloy made a motion to move forward with the court proceedings, which was supported by Eilrich. The vote came down to a 2-2 tie with Malloy and Eilrich in favor and Chaffin and Martin dissenting.
Mayor Todd Cutler then commented prior to casting the tie-breaker: "I first learned about this seven or eight days after the election. I've received a lot of calls about it, and I do not want to appear as though I'm burying my head in the sand on this issue. I'm voting against and the motion dies 2-3."
Chaffin then motioned to move ahead with a special election, which gained a second from Martin. Once again, the council split with Mayor Cutler voting in support resulting in a 3-2 action to green light the election.
The actual date and mechanics of how the election will be conducted remain to be determined.
After the council session adjourned, Mayor Cutler said he envisions the election taking place fairly quickly and said he wants to see the vote occur in a controlled environment like city hall, as opposed to mailing ballots out to those voters who were impacted by the computer glitch.
The situation came to a head January 7 with just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons. The race between Parsons and Donald Howard came down to a razor-thin three vote victory for Parsons. However, rumblings of voting irregularities began to surface the day after the general election. Following an investigation, Lyon County Clerk/Treasurer Nikki Bryan said that some 47 voters along Winnie's Lane were incorrectly coded as being in Ward 5, instead of Ward 2 as they should have been.
Although the county readily admitted that the coding error was a problem with updates made to the county system, the remedy for the glitch soon became a political hot potato that was tossed back and forth between the county and city for a number of weeks. Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek an emergency injunction.
Some questions remain in terms of whether the city's actions will be enough to satisfy the Secretary of State and gain a dismissal in Judge Huff's court. There's also the likelihood of a court challenge being filed by Parsons, who believes the election should stand.
With the matter already on tap for a hearing in district court January 26, the council essentially had two options: go to court and defend the city's actions or authorize a special election that would give those voters who were denied the chance to vote. City Attorney Jeff McGowan told the council that based on his conversations with the Nevada Secretary of State's office, the special election option would be sufficient for Secretary of State Ross Miller to drop court action that was initiated last week.
As members of the council discussed the options and their positions on the matter, it quickly became clear that an unusual divide was forming. On one side, Cal Eilrich, Ward 5 and Kelly Malloy, Ward 1, were coming down on the side of letting the court decide the best course of action. Councilmen Curt Chaffin, Ward 4 and Monte Martin, Ward 3, pushed for a localized solution in calling for a special election.
The one point both sides agreed upon was that the issue revolves around voters who were denied their right to vote due to a computer glitch, and not about who actually wins the election between Donald Howard and Donald Parsons.
"Let's face it, this is a no-win scenario," Eilrich said. "No matter which way it goes, there are going to be losers."
Both Eilrich and Malloy suggested that there is some level of responsiblity on the part of voters to check sample ballots in advance of the election and bring problems to the attention of the city and/or county.
"There is ample opportunity to check sample ballots, ask questions and get informed before the election," Malloy said. "I have a hard time recommending a special election when it could be overturned by the court."
Shying away from letting the court mandate the city's actions, Chaffin suggested the simplest way would be to find those people and make sure they get to vote. "I'm leaning toward taking some action and letting them vote, and the county clerk can tally the results. Otherwise, we leave it to the state."
Martin concurred and said he believes it's important for the council to do what is right. "We have a lot of firepower telling us we need to do something. We have to take some action--allow these people to vote--let the chips fall where they may."
At that point, Malloy made a motion to move forward with the court proceedings, which was supported by Eilrich. The vote came down to a 2-2 tie with Malloy and Eilrich in favor and Chaffin and Martin dissenting.
Mayor Todd Cutler then commented prior to casting the tie-breaker: "I first learned about this seven or eight days after the election. I've received a lot of calls about it, and I do not want to appear as though I'm burying my head in the sand on this issue. I'm voting against and the motion dies 2-3."
Chaffin then motioned to move ahead with a special election, which gained a second from Martin. Once again, the council split with Mayor Cutler voting in support resulting in a 3-2 action to green light the election.
The actual date and mechanics of how the election will be conducted remain to be determined.
After the council session adjourned, Mayor Cutler said he envisions the election taking place fairly quickly and said he wants to see the vote occur in a controlled environment like city hall, as opposed to mailing ballots out to those voters who were impacted by the computer glitch.
The situation came to a head January 7 with just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons. The race between Parsons and Donald Howard came down to a razor-thin three vote victory for Parsons. However, rumblings of voting irregularities began to surface the day after the general election. Following an investigation, Lyon County Clerk/Treasurer Nikki Bryan said that some 47 voters along Winnie's Lane were incorrectly coded as being in Ward 5, instead of Ward 2 as they should have been.
Although the county readily admitted that the coding error was a problem with updates made to the county system, the remedy for the glitch soon became a political hot potato that was tossed back and forth between the county and city for a number of weeks. Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek an emergency injunction.
Some questions remain in terms of whether the city's actions will be enough to satisfy the Secretary of State and gain a dismissal in Judge Huff's court. There's also the likelihood of a court challenge being filed by Parsons, who believes the election should stand.
Wednesday, January 7, 2009
BREAKING NEWS: Judge Issues Temporary Restraining Order
Third Judicial District Judge David Huff has issued a temporary restraining order prohibiting the swearing in of Don Parsons later today. The judge also scheduled a hearing in Yerington for January 26 at 1:30 p.m. Until Judge Huff's ruling today, Parsons was considered the winner of the Ward 2 seat on the Fernley City Council by a razor-thin margin over Don Howard.
With just hours remaining before new Fernley City Council members were scheduled to be sworn in Wednesday afternoon, Secretary of State Ross Miller filed a writ of mandamus seeking to have the city and/or county conduct a new election for the Ward 2 seat. At the same time Tuesday, Miller asked the court to issue an injunction barring Don Parsons from being sworn in until a new election can be carried out.
In the ruling filed at 11:56 a.m. Wednesday morning, Judge Huff wrote, "This matter came before the Court on an 'Emergency Petition for Writ of Mandamus and Request for Injunction,' which was filed with the Court Clerk on January 6, 2009. The court finds that a Temporary Restraining Order is an appropriate relief on a temporary basis."
Further on in the four-page ruling, Judge Huff indicates that the court has jurisdiction to take action because lawfully registered voters were precluded or prevented from voting, and the swearing in of Parsons would result in irreparable injury by disenfranchising those lawfully registered voters.
The Temporary Restraining Order was granted pending a hearing on the request by the Secretary of State for a preliminary injunction and the resolution of the emergency request for a writ of mandamus, according to the ruling.
"The City of Fernley shall not swear in Candidate Donald Parson as Ward 2 City Council member of Fernley City on January 7, 2009," Judge Huff concludes.
Rumblings of voter irregularities first arose the day after the Nov. 4 general election in which two seats on the Fernley City Council were to be decided. Apparently, there were 47 voters in the area of Winnie’s Lane that were coded in error to be in Ward 5, as opposed to Ward 2.
In a memo dated Nov. 14, City Clerk Lena Shumway informed then City Manager Gary Bacock that she had talked with Matt Griffin, Deputy Secretary of State for Elections, and he relayed details of his discussion with Nikki Bryan, Lyon County Clerk/Treasurer. At that time, Griffin told Shumway that Lyon County had already contacted the D.A.’s office.“To Mr. Griffin’s understanding, since 49 voters in a specific ward were not able to vote there should be a Special Election, but the decision would have to be made by Lyon County and the D.A.’s office,” Shumway said in the memo.
In late November, Lyon County Clerk/Treasurer Nikki Bryan explained that the problem originated with the extension of Winnie’s Lane in to a new sub-division over the last couple of years. The “street file” was not updated and it automatically sets precincts and wards.
“We should’ve caught it, but we just missed it,” Bryan said of the glitch that placed 47 voters in Ward 5, when they should have been allowed to vote in Ward 2. “This was fixed when we became aware of the problem. It’s just unfortunate that it wasn’t caught before the election.”
Don Howard submitted a letter of complaint regarding the problems with the coding of the wards shortly after the election, however Judge Huff threw out the complaint indicating that it did not meet statutory requirements for contesting the election.
In that original ruling, Judge Huff said, “It is unclear from the letter submitted by Contestant (Donald Howard) whether he is contesting the election or simply making a complaint concerning the election process. If, in fact, the intent of Contestant is to contest the election, he has failed to comply with the statutory requirements of NRS 293.407. In view of the failure of Contestant to comply with statutory requirements, the court lacks jurisdiction to hear this matter.”
In comments made in late November, Fernley Mayor Todd Cutler questioned why the coding issues with the addresses were not discovered in the primary election. Regardless of the outcome, the Mayor said he viewed the situation as a problem that needed to be resolved by Lyon County.
With just hours remaining before new Fernley City Council members were scheduled to be sworn in Wednesday afternoon, Secretary of State Ross Miller filed a writ of mandamus seeking to have the city and/or county conduct a new election for the Ward 2 seat. At the same time Tuesday, Miller asked the court to issue an injunction barring Don Parsons from being sworn in until a new election can be carried out.
In the ruling filed at 11:56 a.m. Wednesday morning, Judge Huff wrote, "This matter came before the Court on an 'Emergency Petition for Writ of Mandamus and Request for Injunction,' which was filed with the Court Clerk on January 6, 2009. The court finds that a Temporary Restraining Order is an appropriate relief on a temporary basis."
Further on in the four-page ruling, Judge Huff indicates that the court has jurisdiction to take action because lawfully registered voters were precluded or prevented from voting, and the swearing in of Parsons would result in irreparable injury by disenfranchising those lawfully registered voters.
The Temporary Restraining Order was granted pending a hearing on the request by the Secretary of State for a preliminary injunction and the resolution of the emergency request for a writ of mandamus, according to the ruling.
"The City of Fernley shall not swear in Candidate Donald Parson as Ward 2 City Council member of Fernley City on January 7, 2009," Judge Huff concludes.
Rumblings of voter irregularities first arose the day after the Nov. 4 general election in which two seats on the Fernley City Council were to be decided. Apparently, there were 47 voters in the area of Winnie’s Lane that were coded in error to be in Ward 5, as opposed to Ward 2.
In a memo dated Nov. 14, City Clerk Lena Shumway informed then City Manager Gary Bacock that she had talked with Matt Griffin, Deputy Secretary of State for Elections, and he relayed details of his discussion with Nikki Bryan, Lyon County Clerk/Treasurer. At that time, Griffin told Shumway that Lyon County had already contacted the D.A.’s office.“To Mr. Griffin’s understanding, since 49 voters in a specific ward were not able to vote there should be a Special Election, but the decision would have to be made by Lyon County and the D.A.’s office,” Shumway said in the memo.
In late November, Lyon County Clerk/Treasurer Nikki Bryan explained that the problem originated with the extension of Winnie’s Lane in to a new sub-division over the last couple of years. The “street file” was not updated and it automatically sets precincts and wards.
“We should’ve caught it, but we just missed it,” Bryan said of the glitch that placed 47 voters in Ward 5, when they should have been allowed to vote in Ward 2. “This was fixed when we became aware of the problem. It’s just unfortunate that it wasn’t caught before the election.”
Don Howard submitted a letter of complaint regarding the problems with the coding of the wards shortly after the election, however Judge Huff threw out the complaint indicating that it did not meet statutory requirements for contesting the election.
In that original ruling, Judge Huff said, “It is unclear from the letter submitted by Contestant (Donald Howard) whether he is contesting the election or simply making a complaint concerning the election process. If, in fact, the intent of Contestant is to contest the election, he has failed to comply with the statutory requirements of NRS 293.407. In view of the failure of Contestant to comply with statutory requirements, the court lacks jurisdiction to hear this matter.”
In comments made in late November, Fernley Mayor Todd Cutler questioned why the coding issues with the addresses were not discovered in the primary election. Regardless of the outcome, the Mayor said he viewed the situation as a problem that needed to be resolved by Lyon County.
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