The (Tea) party is over for Ashjian, his foes
September 27, 2010 - 9:37 am
With Election Day a mere five weeks away, time has likely run out on a group hoping to have the name Scott Ashjian removed from the ballot.
Ashjian survived a widespread challenge of his candidacy mounted by a number of conservative organizations and people, such as Independent American Party U.S. Senate candidate Tim Fasano, who attorney and Nevada Attorney General IAP candidate Joel Hansen represents in his appeal of a judge’s decision to keep Ashjian on the ballot.
The IAP is fairly prominent in a lawsuit that focuses on the equally conservative Tea Party.
Hansen’s sister, Janine, is the state IAP executive director and a candidate for Elko County’s vacant Assembly seat. She is a plaintiff, as is Debbie Landis, president of Anger is Brewing, a Tea Party organization, and Chuck Muth and Dan Burdish. Muth is president of the conservative Citizen Outreach and Burdish is a member of the group.
In court papers filed Friday as part of a last-minute appeal with the Nevada Supreme Court, the parties allege Ashjian is an imposter, a Republican who registered with that party in Nevada as early as 1997. But others in the hotly contested action claim Ashjian did indeed switch over to the Tea Party of Nevada party.
The purportedly unauthorized and controversial candidate won the right to remain on the ballot last summer when Storey County District Judge James T. Russell ruled in favor of Ashjian, a candidate for U.S. Senate under the Tea Party of Nevada banner.
Secretary of State Ross Miller in court papers argues the point is moot because general election ballots are printed, absentee ballots have been sent to Nevadans in the military. In Clark County, more than 2,200 were mailed and 500 such ballots already have been completed and mailed back, according to Miller.
Miller also said state and federal laws mandate “no change may be made to the ballot” after 5 p.m. the first Tuesday after the primary election. That was June 15 this year.
Attorney Chad Dennie, representing the plaintiffs, argues there is still time to have Ashjian’s name stricken from the ballot. He argues the “vast majority” of absentee ballots has not been sent out and asserts the electronic voting machines that will be used on Election Day and during early voting, can be easily reprogrammed.
The Supreme Court of Nevada could rule at any time, but whatever justices decide may be moot, as Miller suggests, but for reasons completely unrelated to the case.
Sharron Angle is the de facto Tea Party candidate in this race and polling strongly suggests she and Harry Reid, Senate majority leader, are the only two viable candidates.