Cherchio challenges North Las Vegas election

A former North Las Vegas City councilman who lost his seat by a single vote filed a lawsuit Wednesday challenging the election results.

The lawsuit, filed in District Court by former Councilman Richard Cherchio, said the results are "legally uncertain" because an election official allowed a voter to cast a ballot in the wrong precinct on election night.

"An invalid vote was cast," Cherchio, 64, said. "That has been the heart and soul of the whole issue since Day One."

The lawsuit asks the court to set aside the election results and nullify the election certificate that was presented to Wade Wagner, the 48-year-old dentist who defeated Cherchio for the Ward 4 seat on June 7. It also asks the court to declare the seat vacant.

On election night, Wagner got 1,831 votes versus Cherchio's 1,830.

A recount last week, requested by Cherchio, came up with the same results.

The lawsuit also referred to "at least two other voters" who "were permitted to cast invalid ballots" in the race.

Bradley Schrager, an attorney for Cherchio, would not provide more details about the other voters.

"We are investigating all potential discrepancies," he said.

Wagner did not return calls seeking comment Wednesday. His attorney could not be reached for comment.

A woman who said she volunteered for Wagner's campaign called on his behalf and said he was out of state.

Wagner's one-vote victory was just the beginning of the drama in the Ward 4 race. After officials discovered an ineligible voter had cast a ballot, the City Council approved a redo of the election in the precinct in which the ballot was cast. But a judge barred the city from holding a new election and ordered the council to certify the original election results. Another judge then temporarily prohibited the city from presenting Wagner with an election certificate. The legal challenges were resolved early last week, and Wagner was sworn in. Then came the recount, for which Cherchio paid $600.

Cherchio blames his loss on police and firefighter unions, who campaigned against him after he supported cuts to public safety to save money in the cash-strapped city.

"So much disinformation was put out there," he said. "I was very disheartened about that."

Contact reporter Lynnette Curtis at lcurtis@reviewjournal.com or 702-383-0285.