Planning begins for special election to fill Heller’s seat

CARSON CITY -- Secretary of State Ross Miller said Thursday he met with Gov. Brian Sandoval and talked in general about the rules that will be needed for the special election to fill Rep. Dean Heller's seat when he replaces John Ensign in the U.S. Senate on Tuesday.

"He (Sandoval) has to set a date for the election first before we can do any of the election rules," said Miller, the state's chief election officer.

Under the law, the governor must set a date for the 2nd Congressional District special election within seven days after there is a vacancy. The election must be held within 180 days of the time of the vacancy.

Miller said there is no vacancy yet because Heller, R-Nev., has not resigned from the House of Representatives and probably won't until just before he is sworn in to replace Ensign.

"He needs to resign before the process begins," Miller said.

In Washington, Republicans are preparing for the possibility of some gap between Ensign's final day on Tuesday and when Heller gets sworn in as his successor. It is looking unlikely that Heller would be sworn in the day after Ensign leaves, one strategist said.

"Doubtful it would move that quickly," said the source who was not authorized to speak on the record.

With Sandoval having only a week to announce the special election, and with uncertainties over how it will be conducted, the governor might hold on to the paperwork finalizing Heller's appointment in order to keep the clock from starting to tick until he and Miller decide on a course, GOP sources speculated.

After Heller resigns, Miller said he will announce filing rules for the candidates who want to replace him in Congress.

Most importantly, he must determine whether the political party central committees or officers will select one Republican and one Democrat candidate, or if any person who wants can run.

A Democrat never has been elected to the 2nd Congressional District -- which covers all of 16 counties and portions of Clark County.

But conceivably a Democrat could win in an election where he or she faces several Republicans.

Stephens Washington Bureau Chief Steve Tetreault contributed to this report. Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.