Judge upholds Wagner victory in North Las Vegas election

The June election that put North Las Vegas Ward 4 Councilman Wade Wagner into office by a margin of one vote will stand, a District Court judge ruled Wednesday.

Judge Susan Scann ruled lawyers for former Councilman Richard Cherchio couldn't convincingly demonstrate an illegal vote they said went to Wagner should be tossed and a new election called.

"I don't find that meets the standard of clear and convincing evidence," Scann told Cherchio attorney Matthew Callister in reference to a deposition by a voter who acknowledged voting illegally for Wagner.

The vote count showed Wagner winning the election with 1,831 votes to 1,830 votes for Cherchio, the incumbent.

Cherchio challenged the results in court, setting off a scramble by attorneys for both candidates to identify potentially illegal votes.

An earlier ruling by Scann said a contested vote by stagehand Greg Mich'l in favor of Wagner could stand because Mich'l was "a good faith voter," who voted by absentee ballot using his brother's address in North Las Vegas, where he was registered to vote, but later moved to Las Vegas.

But Scann said the deposed testimony by James Chaney Jr. that he voted for Wagner was unconvincing.

Scann cited uncertainty in the testimony and a statement by Chaney early in the deposition expressing displeasure with the results, though the candidate he said he supported had won.

According to the testimony, Chaney said he believed there should be another election, the outcome Cherchio was seeking in court.

"If Mr. Chaney Jr. had voted for Mr. Wagner, that should not have been his reaction," Scann said.

Had Scann determined Chaney's vote was illegal and tipped the election in favor of Wagner, she could have tossed it, resulting in an 1,830 to 1,830 tie.

"Illegal voting should not be supported and should not be tolerated," Callister argued.

After the ruling Cherchio spoke briefly with reporters before Callister ushered him into the court elevator. He said he may appeal Scann's ruling.

"This is about doing the right thing for the city," Cherchio said.

He said former constituents still recognize him as their councilman.

Neither Chaney nor Mich'l appeared in court, and Scann turned down a suggestion she hold a hearing to listen to voter testimony first hand, saying she would rely on the depositions.

Chaney is the son of Willia Chaney, a member of the State Board of Education and North Las Vegas resident who displayed a Cherchio sign in her yard.

There were 13 people registered to vote at her address, seven of whom cast ballots in the disputed election.

Chaney sought a restraining order to stop attorneys from compelling anyone at the home to declare for whom they voted, saying such a move would disenfranchise African-American voters.

But Chaney Jr. was deposed and asked for whom he voted. Although he said he voted for Wagner, he was hesitant in his responses and, according to testimony, at varying times said he forgot or was uncertain.

Wagner said he was happy with the ruling and said the dispute hasn't distracted him from his job on the City Council, crediting his attorney, Todd Bice, for his handling the proceedings.

"We are pleased with this," Wagner said. "Of course we are hopeful this is the end."

Contact reporter Benjamin Spillman at bspillman@ reviewjournal.com or 702-229-6435.