Vol. 5, No. 9
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March 1, 2008
Nevada's Online State News Journal-- Serving Informed Nevadans Since 2003
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COPYWRITING
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Election 2008 Getting
Warmer By The Caucus
Potential Nevada Candidates
Appear Wary To Announce
On the national scene, election 2008 is, to use an old mining term, roarin’ and borin’, but locally, it isn’t candidates that are making the headlines but rather initiative petitions and litigation. The two petitions designed by Kermit Waters to increase the gross gaming tax from 6.75 percent, the lowest in the nation, to more than 20 percent, about median, were thrown out by the courts. The teacher’s union petition to increase the gross gaming tax to 9.75 percent has been modified by the court but still might find itself back in court, challenged of course by the gaming industry.
Untold British Thermal Units of energy are being expended on the presidential race and so far, only a couple of candidates have come forward to fill seats in the Nevada Assembly where the taxes are determined. We have a Barack here, a Hillary there, a John nearby, and a Hucka-boo in the wings, and it’s the county commissioner and city council representative that is responsible for most of your taxes. And apathy is going to determine who sits in those chairs and makes decisions at those boards.
The right to petition is a very dear possession not held by many others around the world, and many agree that it is generally most effective when the elected representatives are not performing in the best interests of the electorate. In Kermit Waters’ petitions he has pointedly said that the legislature will not raise the gaming tax while the general public has been demanding it be raised.
The courts and law making bodies in some areas have been acting in opposition to the public’s desires in eminent domain issues, the Nevada legislature has not responded, there is a petition to redress the issue circulating at this time. A petition to legalize marijuana is also circulating because the sponsors don’t believe the legislature is acting properly. If there is this much activity at the initiative petition level, why isn’t there similar activity from those who could run for elective office and make the changes?
Assembly representatives are elected for two year terms while Senators are elected for four and their terms are staggered so that the entire Senate does not stand for election at the same time. Every seat in the Assembly is available right now, the Primary Election will be held August 12, and few have come forward to take the challenge. The concept of taxes and the state’s general economy will be of the highest priority come January, 2009, and issues like these should not have to go through the long, difficult, rock strewn, initiative process. It is the job of the legislature.
On the other hand, if Waters is correct, is it possible that some who wish to sit in the legislature are unable to find financing because of their belief in higher gaming taxes? Money is the binding agent in Nevada elections and the state election laws are written to allow those with the most money to offer free rein in doing so. For a large industry such as gaming, development, mining, even education, the law is such that it would be hard to overcome the monetary advantage one would have from such a donor. To get elected to Nevada’s legislature today, one must have the monetary backing of gaming and land developers; without it, you lose.
On the Nevada Observer links page there is a comprehensive list of web sites from the gaming industry and just a quick look will show how one or two of the giants could easily donate enough money to overwhelm an election. Nevada’s election law fails most transparency tests, but the biggest failure is allowing corporations to be treated as individuals. Coupled with the fact that on contributions and expenses reports, those associated with the corporations do not have to be listed.
It’s important at this stage of an article like this to also be transparent. What the corporations, whether gaming, transportation, developers, or any other genre do is not illegal in Nevada. They were given the opportunity to buy elections by law and as any good business person would do, they attempt to follow the law. More important to Nevada right now would be affecting a change in Nevada’s election law to force those that hide behind their corporate structure to be known to the voters.
As the law stands today, one or two big names in the gaming industry or one or two large land developers, through multiple corporate holdings, can offer enough money to candidates to overwhelm an election. Most candidates will attempt to arrange as much financing as possible before announcing their candidacy and if there is no or very little money available, they don’t announce. The $100 contribution is gratifying, the $100,000 from ten corporations owned by one person is sensational.
Understanding that makes it very easy to understand why Nevada’s voters are faced with several initiative petitions in each election cycle. Also to understand how petitions get thrown out regularly. The initiative law was changed to limit petitions to one subject. This is what caused District Judge Bill Maddox in Carson City to throw out the two Kermit Waters tax petitions. It is what the AFL-CIO lawyers used to cause the teacher’s union measure to be altered. And, it has probably submarined the Angle property tax initiative, again.
Along with the single subject rule, the altered petition law also requires a 200 word summary of the petition, which some say forces those circulating the petitions to tell the truth when seeking signatures. The law as it stands today was authored by Heidi Gansert, R-Reno, now the Assembly Minority Leader. It will take more than 58,000 signatures to get a petition on the ballot and those signatures must come from all 17 counties. This part of the law is also being challenged today.
Prior to the changes, signature gatherers could concentrate their efforts in the two heavily populated counties of Clark and Washoe, but now a certain percentage of signatures must come from all 17 counties. Most who attempt to circulate initiatives feel they have to use the services of companies that put paid gatherers on the streets. That is very expensive when all 17 counties must be accounted for. The American Civil Liberties Union (ACLU) believes it is also unconstitutional and court action is expected.
It isn’t too late to make a run for political office. Filing takes place starting in May, the Primary is in August, and you will only have to fight two or three well oiled machines and giants of super proportions. Piece of cake.
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