Legislative contingency money will pay for special election

CARSON CITY -- The state, not the counties, will pay the $539,137 cost of the Sept. 13 special congressional election spawned by disgraced John Ensign's decision last spring to quit the U.S. Senate.

After bickering about the cost Wednesday, members of the Legislature's Interim Finance Committee agreed unanimously to take the money out of their contingency fund, rather than making counties pay for the election.

Secretary of State Ross Miller, the state's chief election officer, said that the counties had no time to prepare for the special election and that forcing them to cover costs out of their current budgets would pose a hardship. Counties typically pay their own election costs.

The election would have cost Clark County about $33,000, according to a June estimate by the elections department.

Under state law, counties were required to submit to the state their tentative budgets for the current fiscal year by April 15. But no one realized there would be an election until Ensign announced on April 21 his decision to leave the Senate in the wake of an ethics scandal. Gov. Brian Sandoval on April 27 appointed Republican Rep. Dean Heller to fill the Senate seat.

Democratic state Treasurer Kate Marshall and former Republican state Sen. Mark Amodei are facing off in the special election to fill the 2nd Congressional District vacancy created by Heller's appointment.

Two other candidates are in the race: Timothy Fasano of the Independent American Party and independent Helmuth Lehmann.

Early voting started Saturday in the district, which includes all of Nevada except the urban core of Clark County.

The Legislature's contingency fund contains $12 million to cover costs of emergencies, such as forest fires and floods, until the next regular session in 2013.

Sen. Sheila Leslie, D-Reno, suggested that part of the cost of the special election should come out of a $340,000 reserve that legislative fiscal analysts maintain exists in a secretary of state account for his securities staff.

Miller objected to that expenditure, maintaining his analysis found this money will be needed to cover staff expenses.

No members of the public were present to testify on the request for election funds. But Jeff Fontaine, director of the Nevada Association of Counties, sent a letter in May to the Legislature asking the state to absorb the special election costs.

In a telephone interview Wednesday, Fontaine said counties do not have extra money because they have been devastated by the recession. Many have laid off employees and reduced their budgets in response to the drop in tax revenue, he added.

Senate Majority Leader Steven Horsford, D-Las Vegas, said legislators knew before the session adjourned June 6 that there would be a special election and made no move to discuss how to pay for it. He recommended they follow Miller's advice.

Legislators agreed to the expenditure but asked their staff to work with Miller's staff to determine whether any money is available in the secretary of state's reserve account to cover part of the election costs.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.