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North Las Vegas council election challenge put on hold until Nov. 30

North Las Vegas residents will have to wait a couple more weeks to find out whether the results of a disputed June City Council election will stand.

A judge had been scheduled to rule Wednesday on an election challenge filed in the Ward 4 race, which was decided by a single vote. But District Court Judge Susan Scann chose to delay the decision until Nov. 30 so attorneys for Richard Cherchio, who was the incumbent councilman at the time of the election, could complete depositions of voters they say weren't eligible to cast ballots in the race.

An attorney for Wade Wagner, who defeated Cherchio in the race, argued against further delay.

"They decided Bush versus Gore, the presidency of the United States, in less than half the time it has taken for Mr. Cherchio's team to try to come up with some grounds to challenge this election," Wagner attorney Todd Bice said. "Enough is enough."

But Matthew Callister, an attorney for Cherchio, said the delay was necessary and fair to his client. It's Cherchio's right to challenge the election, he said. "In fact, it's his duty to his constituents."

Wagner defeated Cherchio for the seat with 1,831 votes. Cherchio had 1,830.

Cherchio challenged the results in court after it was discovered that an election official had allowed a North Las Vegas voter to cast a ballot in the wrong ward. Attorneys have not yet succeeded in locating that voter.

The challenge and one-vote margin left attorneys for both sides scouring voter records for any irregularities . Several voters already have been deposed in the case.

Wagner was sworn into the seat in mid-July.

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

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