New vote ordered in North Las Vegas race

Some voters in North Las Vegas will get a municipal election mulligan.

The City Council on Wednesday night decided to redo part of the Ward 4 election because an ineligible vote was cast in the valley's tightest election race last week.

The ballot, cast in the heated Ward 4 contest between incumbent City Councilman Richard Cherchio and dentist Wade Wagner, threw into question the race's outcome.

Cherchio lost the election by a single vote.

Only voters in precinct 4306 -- the precinct in which the ineligible vote was cast -- will be able to recast their votes in the contest. Details about how the new election will be administered will be decided next week.

Mayor Shari Buck abstained from the vote after disclosing that she had donated to Wagner's campaign and that her husband had worked for the campaign "and was paid." She and Cherchio left the council chambers during a discussion and vote.

Council members Anita Wood and Robert Eliason disclosed that they had donated to Cherchio's campaign but didn't feel they needed to abstain from the vote. They and Councilman William Robinson voted unanimously to let residents of the precinct recast their ballots.

"The voter decides who sits here," Wood said. "I don't get to usurp that decision."

Wagner said he was disappointed with the council's decision and will "spend time with my team" to discuss options.

"It does kind of change the entire game," he said, adding that he's concerned the decision could disenfranchise some voters.

Cherchio agreed with the council.

"There was a problem with the vote," he said.

From a resident's standpoint, "I'd want the opportunity to do it again," Cherchio said.

The situation arose after a voter who wasn't eligible was allowed to cast a ballot. The voter was registered in Ward 3 but recently had moved into Ward 4. Though he had not updated his registration, he showed up at a polling place with identification showing his new address.

An election worker mistakenly thought he was allowed to vote there because he had moved into the precinct.

Officials don't know whether the ineligible vote was for Wagner or Cherchio. Once ballots are cast, they are mixed and can't be traced back to a specific voter.

Cherchio lost the election with 1,830 votes versus Wagner's 1,831. Who won in the precinct in question was not discussed.

The city retained attorney Matt Griffin, former deputy secretary of state for elections, to advise council members of their options at the meeting.

"No election is perfect," Griffin told the council. He added that there have been no allegations of fraud or intentional misconduct on the part of the voter who cast the ineligible vote.

How much the cash-strapped city will have to pay to redo part of the Ward 4 election had not been figured. How long it will take to plan and complete a new election was unclear. Griffin recommended the council again include absentee ballots, which can take weeks.

Cherchio will be relieved of his duty on the council July 1, leaving four members until the election is resolved.

The results of the city's other races -- City Council Ward 2 and Municipal Court Department 1 -- were certified by the council Wednesday.

Cherchio, 64, was appointed to the Ward 4 seat in 2009 when Buck was elected mayor. Wagner, 48, won the election after a hard-fought race that was overshadowed by the war between Cherchio and the city's public safety unions. The police and fire unions opposed Cherchio, even campaigning against him door to door, because the councilman voted for cuts to public safety to save money.

The city, which faces a $30.3 million shortfall in fiscal 2012, last month adopted a budget that includes slashing 258 positions across city departments, including those of 40 firefighters and 18 police officers. The firefighters received pink slips earlier this week.

Council members serve four-year terms and earn $41,827 a year.

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