Archive for October, 2010

Offering Food Or Other Rewards To Encourage Voter Turnout OK In Nevada If No Intent To Influence Voters

By Sean Whaley | 12:32 pm October 19th, 2010

CARSON CITY – While concerns have emerged elsewhere this campaign season about encouraging people to vote by offering free food, a state election official says Nevada law is not excessively restrictive on the practice.

Matt Griffin, deputy secretary of state for elections, said Nevada law does not automatically prohibit a campaign or candidate from offering food to those who attend “get out the vote” rallies aimed at increasing voter participation.

As long as the food is not predicated upon voting for a particular candidate or ballot question, the event would comply with state law, he said.

Griffin says when he gets inquiries about what is permissible he looks at two factors: what is the intention of the person making the offer, and will the voter be compromised or feel as if he or she is compromised. If the answer to these questions is “no” then the event is permissible under state law, he said.

So if candidate “x” holds a get-out-the-vote rally and offers free hot dogs without restricting who can attend and without seeking a commitment for a particular vote, then there would be no legal issue with such an event, Griffin said.

Nevada Revised Statutes 293.700 sets out the law regarding such situations: “A person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his or her vote or to deter the elector from giving it is guilty of a category D felony . . .”

Griffin said the value of the food or enticement does not matter. Bribery is a public corruption crime, he said.

There is no issue with other rewards provided to those who vote and show their “I voted” sticker to obtain a gift as long as it is not predicated on who the person voted for, he said. Some hotel-casinos, for example, give free show tickets to employees who voted.

In 2008, the Starbucks chain offered a free coffee to people who voted in the general election.

The issue has generated more interest with the advent of early voting. Early voting began Saturday in Nevada.

The issue of offering free food at get-out-the-vote rallies surfaced last week in South Dakota, where Democrats were holding three events on Native American reservations that featured “feeds” to attract potential voters.

An article about the events by the Argus Leader newspaper reported that South Dakota Attorney General Marty Jackley and U.S. Attorney Brendan Johnson had affirmed an earlier opinion that political campaigns cannot offer incentives, including food, to encourage people to vote.

Nevada State Senate 5 Debate Focuses On Unfair Political Attacks, Taxes And Budget Shortfall

By Sean Whaley | 8:29 pm October 18th, 2010

Democratic state Senator Joyce Woodhouse and Republican challenger Michael Roberson debated the budget, taxes and unjustified political attacks today in a race viewed as critical by both parties for the upcoming 2011 legislative session.

Woodhouse, running for a second term in Clark District 5, said the mailers sent out by the Nevada State Democratic Party attacking Roberson did not come from her campaign or have her review.

Roberson, an attorney, said the misstatements about his campaign should be an embarrassment for Woodhouse and the Democratic Party.

“I don’t have a voting record,” he said. “Apparently they know they can’t talk about jobs and taxes and the economy.”

Woodhouse, a retired educator with the Clark County School District, had her own criticism of Roberson for calling her a liberal loony.

Roberson said his criticisms of Woodhouse are based on her voting record in her four years in the Senate.

Democrats, who have a 12-9 majority over Republicans in the upper house, are trying to hang on to Woodhouse’s seat to maintain and potentially expand their majority. Republicans are seeking more seats in an effort to exert greater control over discussions on the budget, taxes and the redrawing of Nevada’s political boundaries.

In the debate on Jon Ralston’s Face To Face television program, Woodhouse said she is a hardworking person. She called Roberson’s comments hurtful.

Roberson countered that voting to give the Millennium Scholarship to illegal immigrants as Woodhouse did is a loony idea.

He also criticized Woodhouse’s former employer, the Clark County School District, for having more than 350 bureaucrats making in excess of $100,000 a year.

Roberson said the attacks on him from the Democratic Party are clearly untrue and he asked Woodhouse to denounce them.

The ads, based on a questionnaire filled out by Roberson for the conservative pro-life group Nevada Concerned Citizens, say he wants to keep women from getting birth control and investigate women who have miscarriages. Roberson said he only answered “yes” to a question about whether he is pro-life.

Woodhouse would not go so far as to denounce the ads, saying, “I do dislike negative campaigning incredibly.”

She did say they “are not good political pieces.”

The candidates were also asked about how they would deal with the next two-year state budget, which faces a funding shortfall of anywhere from $1.5 billion to $3 billion.

Woodhouse said she is pursuing a review of the state budget as part of a legislative panel looking to eliminate nonessential services and consolidate programs. But once all efficiencies are identified and implemented, a tax increase may be needed to balance the budget, she said.

Roberson said he would not raise taxes to balance the budget. The budget shortfall is more in the $1.5 billion range, he said. The average government employee makes 30 percent more than a private sector employee and state employee pay will have to be reduced, he said.

Nevada’s spending levels are unsustainable, Roberson said. Woodhouse’s record does not show one case where she voted against a tax increase, he said.

Audio clips:

Michael Roberson says Democratic attacks are outlandish:

101810Roberson :09 please tell me.”

State Sen. Joyce Woodhouse says she is a hardworking conscientious person:

101810Woodhouse :13 are really hurtful.”

Sarah Palin Energizes Tea Party Crowd, Tells Them To Support Sharron Angle In Nevada Senate Race

By Sean Whaley | 2:18 pm October 18th, 2010

(Corrected at 4:45 p.m. on Oct. 18, 2010 to reflect the actual statement by Sarah Palin about Russia in 2008)

(Updated at 4:02 p.m. on Oct. 18, 2010 to reflect crowd estimate.)

RENO – An enthusiastic crowd of Tea Party supporters showed up to cheer on former GOP Alaska Gov. and U.S. Vice Presidential candidate Sarah Palin today at one of what will be many stops across the county in advance of the Nov. 2 general election.

The Tea Party Express bus tour was scheduled to continue on to Elko today, then Ely and Las Vegas before heading east and ending in Connecticut on Nov. 1.

Palin spoke for about 25 minutes in a parking lot on South Virginia Street, urging those attending the rally to continue working through Election Day. Several people who attended the rally estimated the crowd at 1,000 to 1,500.

Palin made more than a few humorous comments in her address, saying “I can see November from my house,” a reference to her statement during the 2008 presidential election that Russia can be seen from land in Alaska. The comment was later spoofed on a “Saturday Night Live” episode.

She followed up with another statement: “Now we can see 2012 from our house,” a reference to the upcoming 2012 presidential election. Palin is considered to be a leading GOP candidate for president two years from now.

Palin said it is time for U.S. Senate Majority Leader Harry Reid, D-Nev., to retire, along with House Speaker Nancy Pelosi, D-Calif.

Sharron Angle, the Republican challenger to Reid, did not attend the rally, but got an endorsement from Palin and the Tea Party, as did other Nevada conservative candidates. Angle will help repeal, “the mother of all unfunded mandates called Obamacare,” Palin said.

“I thank you for being so bold in your support of Sharron too,” she said. “Bless her heart the stuff they have thrown at her. Yet she’s still standing.”

Reid spokesman Jon Summers, in an email sent out today, noted that Angle failed to win the endorsement from her hometown newspaper, the Reno Gazette-Journal, which on Sunday endorsed Reid.

“The good news for Sharron is that she will have some supporters in Reno today,” Summers said. “The bad news? That support will consist of a Tea Party group from California run by Republican consultants, and Sarah Palin.”

Rep. Dean Heller, R-Nev., attended the rally but did not speak. Heller said federal election law prohibits candidates from coordinating with the Tea Party Express.

Palin told the crowd to keep working, walking precincts, stuffing envelopes and all the other tasks that need to be done for conservative candidates across the country to ensure victory on Nov. 2.

Borrowing from Sharron Angle’s “man up” comment made to Reid at last week’s debate, Palin said current political leaders should “man up” and support Tea Party candidates.

The “bigwigs” in the political machine are “too chicken to come out and support the Tea Party candidates,” she said.

Palin warned the crowd not to take it easy yet. Democratic candidates and their supporters are taking cheap shots at conservative candidates, attacks that are not being challenged or repudiated by what she called the left wing media.

“Don’t be thinking that we have victory for America in the bag yet,” she said. “We can’t let up. We can’t get cocky about this.”

Sarah Palin speaks at Tea Party rally in Reno on Monday with hot air balloon in background

Fiery Nevada Secretary Of State Debate Focuses On Past Allegations

By Sean Whaley | 9:08 pm October 13th, 2010

Update (Nov. 3, 2011): The battery charges against Rob Lauer were dismissed this week.

Update (Jan. 22, 2011): Former Nevada secretary of state candidate Rob Lauer has filed a libel and defamation lawsuit against the woman who accused him of battery. At issue are some of her statements made to the media and to our editor (and that were subsequently included in blog posts on this website).

*

Original story

A debate today between Democrat Secretary of State Ross Miller and his Republican opponent Rob Lauer spent most of the time on past controversies, including Lauer’s alleged assault of a woman in a bar and Miller’s track record of prosecution as a Clark County deputy district attorney.

In one of the more fiery debates on the Face To Face television program hosted by Jon Ralston, the discussion started with an ad being run by Miller on Lauer’s alleged attack of a woman in a Las Vegas bar in June of this year. It also touched on an arrest of Lauer involving a business deal.

Lauer complained that the bar incident is being pushed for political reasons, while Miller countered that Lauer is facing misdemeanor charges in the case where he allegedly assaulted longtime Clark County GOP activist Jennifer von Tobel. Von Tobel filed a police report in the matter.

Lauer said he was contacted by an attorney representing Von Tobel seeking money to “make it go away” and that he would not cut a deal. Lauer declined to name the attorney.

Lauer’s arrest in California on a charge of grand theft involving the sale of an aircraft was also discussed.

Lauer said his accuser lied to the police and the charges have been dismissed. Lauer said he now has a case against his accuser for perjury.

“So at what point am I determined to be innocent,” he asked.

Miller acknowledged Lauer has not been convicted of a crime but said the ad is intended to show the differences between himself and his opponent.

“There is a sharp contrast in this race,” he said. “This is a very important position. And we’re treating this as if it was a job interview. And I as a former criminal prosecutor have a background that I’m very proud of. I’m proud of what we’ve accomplished in this office. And obviously one of the things that I think needs to be highlighted is my opponent’s background.”

For his part, Lauer criticized Miller’s performance in a Clark County criminal case, where he let an “axe murder” out of jail with a plea bargain that was questioned by a judge.

“So his record as a prosecutor, frankly is troubling,” Lauer said.

Miller said the case involved a man named Billy Merritt who had a troubled criminal history. Miller said he inherited a case involving Merritt that was years old and the witnesses to the crime could not be produced. Miller said a plea deal was agreed to by the entire district attorney’s office.

Merritt was the shooter in the infamous “show and tell” case where a man was lured to the desert and killed. After his release from prison Merritt was charged with attempting to kill a man with a hatchet.

It was this case that Miller prosecuted.

“I have an outstanding record as a criminal prosecutor,” Miller said.

Lauer said also he has evidence of voter fraud that has not investigated by Miller.

Miller said he has cracked down on voter fraud against ACORN, a Democratic organization charged with crimes from the 2008 general election. A trial in the case is still pending, which Lauer said is intentional to get the matter postponed until after the Nov. 2 general election.

Lauer said he has evidence of, “a lot of people who are voting who don’t exist and I have a record of that.”

Miller said he will investigate any voter fraud allegations if there is evidence to support such claims but that he won’t chase unfounded claims.

“But we’ll absolutely look into the allegations and if they have merit we’ll go after them,” he said.

Audio clips:

Secretary of State Ross Miller says Lauer’s background is an issue in the race:

101310Miller1 :15 my opponent’s background.”

Lauer says the assault allegation is politically motivated:

101310Lauer1 :21 I do not.”

Lauer says he has evidence of voter fraud that Miller has not investigated:

101310Lauer2 :04 that possibly be.”

Miller says he will investigate voter fraud if the allegations have merit:

101310Miller2 :07 go after them.”

Nevada Attorney General Joins 49-State Mortgage Foreclosure Group

By Nevada News Bureau Staff | 4:30 pm October 13th, 2010

CARSON CITY – Attorney General Catherine Cortez Masto is joining a 49-state bipartisan mortgage foreclosure working group as part of a coordinated national effort by states to review the practice of so-called “robo-signing” within the mortgage servicing industry.

The Mortgage Foreclosure Multistate Group, comprised of state attorneys general in 49 states, and state banking and mortgage regulators in 30 states, will explore whether individual mortgage servicers have improperly submitted documents in support of foreclosures.

Specifically, the group will look into whether companies misrepresented on affidavits and other documents that they reviewed and verified supporting foreclosure documentation. The group will also attempt to determine whether companies also signed affidavits outside the presence of a notary public, along with other possible issues regarding servicing irregularities or abuses.

“This issue affects peoples’ homes as well as the economy,” Masto said. “This probe will be thorough, expeditious, and fair to both homeowners and lenders.”

Submitting foreclosure documents without verification, with false representation, and/or signing certain legal documents outside the presence of a notary public may constitute deceptive acts and/or unfair practices, and may otherwise violate state laws and court rules.

The multistate group, through an executive committee, will contact a comprehensive list of individual mortgage servicers. The group’s initial objectives include: putting an immediate stop to improper mortgage foreclosure practices; reviewing past and present practices by mortgage servicers subject to the inquiry; evaluating potential remedies for past practices and to deter future improper practices; and establishing a mechanism for more effective independent monitoring of future mortgage foreclosure practices.

“This is a cooperative and coordinated effort to address a serious problem,” Masto said. “The group may limit, expand or change its objectives, but it won’t stray from the goal of addressing a situation that has affected and continues to affect homeowners.”

State Lawmaker Proposes Taxing Bottled Water As Way To Increase Revenues

By Sean Whaley | 3:48 pm October 13th, 2010

CARSON CITY – A Nevada lawmaker has asked for a bill to be drafted to require bottled water to be subjected to the state sales tax.

Assemblyman Tick Segerblom, D-Las Vegas, said bottled water is included under the sales tax exemption for food in Nevada even though it has no nutritional value.

Segerblom said taxing the beverage would bring in much needed revenue for the upcoming two-year budget. It is time for the Legislature to review all tax exemptions as a way to generate revenue for programs without raising taxes, he said.

Segerblom says he does not support taxing food.

“The purpose as I understand to exempt food is you don’t want to make it any more expensive than possible for people to survive, and obviously again, bottled water is not necessary to survive,” he said.

The only exception in Nevada now is prepared food intended for immediate consumption, which is subject to the sales tax.

The bill draft request was actually made by Assemblyman Harry Mortenson, D-Las Vegas, on behalf of Segerblom. Mortenson, who is termed out of office and won’t be serving in the 2011 legislative session, said he gave Segerblom one of his bill draft requests as a courtesy, even though he does not support the idea.

Segerblom said he has been unable to get information on how much revenue might come from taxing bottled water, which has become a ubiquitous item provided at meetings and carried by many people on a routine basis.

Tom Lauria, vice president of communications for the International Bottled Water Association, called a move to tax bottled water shortsighted.

“The FDA is very clear in classifying bottled water as a food, and for some people it is a necessity,” he said. “They don’t have up-to-standard tap water or they have personal immunity problems from cancer or HIV and they require purified water as part of their regular diet.”

Bottled water is very popular, seeing a slight decline last year but still hitting sales of more than $8 billion in the U.S., Lauria said.

Most states that do not tax food do not tax bottled water either, he said. Three states that do not tax food, Washington, New York, and Maryland, have chosen to tax bottled water, Lauria said.

The temporary tax on bottled water in Washington is now on the November ballot for potential repeal by voters.

Audio clips:

Assemblyman Tick Segerblom says bottled water has no nutritional value and could bring in much needed state revenue:

101310Segerblom1 :28 from eating properly.”

Segerblom says a sales tax exemption on food does not need to include bottled water:

101310Segerblom2 :14 necessary to survive.”

Tom Lauria of the International Bottled Water Association says imposing a tax on bottled water is shortsighted:

101310Lauria :27 their regular diet.”

Surveillance Video: Incident Involving Sec of State Candidate

By Elizabeth Crum | 3:10 pm October 13th, 2010

Update (Nov. 3, 2011): The battery charges against Rob Lauer were dismissed this week.

Update (Jan. 22, 2011): Former Nevada secretary of state candidate Rob Lauer has filed a libel and defamation lawsuit against the woman who had accused him of battery. At issue are some of her statements made to the media and to me (and that were subsequently included in blog posts on this website).

Note: The headline of this blog post has been edited to remove the words “Assault”. Lauer was accused of assault by Von Tobel in her characterizations of the incident, but he was not formally charged with assault (by the strict legal definition). And as noted above, the misdemeanor case was dismissed in November.

*

Original blog post

Looks like someone posted the (very grainy, extremely hard to make out) surveillance video from the Rob Lauer incident in which the Republican Secretary of State candidate was accused of manhandling Las Vegas resident Jennifer Von Tobel.

Lauer flatly denied the allegations of assault, saying he was just showing Von Tobel some sweet self defense moves from his glory days as a military police officer.

While searching for other Lauer items online, I also found this website paid for by the Committee to Elect Ross Miller.

I must admit, as someone who has been following the Angle-Reid race closely, I was somewhat amused by the page header:

“We’ve heard a lot about “dangerous” and “extreme” candidates lately.

If you’re looking for dangerous, meet Rob Lauer!

The website features a PDF of the police report from the Lauer incident as well a PDF of the arrest report and court records from a past situation in Florida.

The court date for the misdemeanor has been pushed back until after the election.

Nevada Secretary Of State Files His Campaign Contribution And Expense Report Early

By Nevada News Bureau Staff | 1:25 pm October 13th, 2010

(Updated at 3:20 p.m. on Oct. 13, 2010)

CARSON CITY – As he said he would, Secretary of State Ross Miller has filed his campaign contribution and expense report two weeks ahead of the deadline and several days before early voting begins for the Nov. 2 general election.

Miller has proposed legislation for the next session to improve the campaign reporting process, and voluntarily chose to post his report early as a way of showing his willingness to comply with revised rules that would make the information more useful to the public.

“Part of the resistance to comprehensive campaign finance reform last legislative session was that we kept hearing from incumbents that it was just too cumbersome and difficult to comply with what we were asking in terms of filing the reports early and electronically,” he said. “And so in order to prove a point I filed my report electronically this year so that the voters will have access to it prior to early voting which begins this Saturday.”

Current law requires the reports to be filed by candidates on Oct. 26, well after early voting has already begun. Early voting starts Oct. 16. More than half of all Nevadans voted early in the 2008 election.

Miller has requested legislation to move up the filing dates for the contribution and expense reports and then require updates. He also wants reports filed electronically so they can be easily searched by the public.

Miller will also file an updated report by the Oct. 26 deadline as required in state law.

Miller’s report, filed Tuesday, shows he collected nearly $85,000 in monetary contributions in excess of $100 in this second reporting period, with a total so far for the election season of just under $277,000. He also reports spending nearly $70,000 in the current reporting period and nearly $179,000 for the election season to date.

The second required report covers the period from May 28 to Oct. 21, although Miller’s initial filing does not extend to the full reporting period.

Miller received about 80 contributions, including $4,500 from NV Energy, $5,000 from the Searchlight Leadership Fund operated by U.S. Sen. Harry Reid, D-Nev., $5,000 from the gaming manufacturer IGT, and $5,000 from the Nevada Realtors Political Action Committee, among others.

On the expenditure side, Miller reported a contribution of $10,000 to his own legal defense fund, formed after an ethics complaint was filed against him earlier this year by the state Republican Party alleging he used his official office for campaign purposes and used a public service announcement about the census to promote his re-election campaign. The complaint was rejected by a panel of the commission.

Audio clip:

Secretary of State Ross Miller said he filed his campaign report early to show that it is not burdensome:

101310Miller :25 begins this Saturday.”

Nevada State Controller, Republican Challenger Debate As Early Voting Looms

By Nevada News Bureau Staff | 8:52 pm October 12th, 2010

Barry Herr, the Republican candidate challenging state Controller Kim Wallin in the November general election, said today he would bring a GOP point of view to the office and use the position to bring conservative influence to the discussion of taxes and other issues.

Wallin, running as a Democrat for a second term in the office, said the position overseeing the state’s checkbook is also about finding waste and inefficiencies, a job she has pursued over the past four years.

The two candidates discussed their positions and issues on Jon Ralston’s Face To Face television program.

While the controller position does not have a say in tax policy, Herr said he would use the position as a “bully pulpit” to influence any such discussions in the Legislature. Herr said he opposes any proposal for a personal or corporate income tax.

“I believe that as the controller I will also be able to perhaps give some influence up there,” he said. “And I do believe that I can give that, again, that fiscal conservative bent.”

Herr said he would also look at ways to save money in the office.

As part of her debt collection efforts, Wallin has posted the names of debtors and the amounts they owe to the state on her newly designed website as a way of recovering outstanding funds.

“And the debts that we have, actually when we told some of the debtors we were going to start publishing it, we did actually get some payments” she said.

Wallin says she has also been nonpartisan in the job, providing information to Republicans and Democrats on an impartial basis.

“If you are doing your job right as controller, it’s not being a liberal or conservative,” she said.

On the issue of transparency, Wallin said she supports the concept but expressed concerns about the potential for identity theft in the disclosure of such information. There are examples of where this information has been used in identity theft crimes in other states to steal millions, she said.

Herr said much of the state’s checkbook is online on the governor’s transparency website, but that the information is incomplete and difficult to find. The information should be on the controller’s website, he said.

Wallin said Gov. Jim Gibbons decided to pursue his own transparency website despite the fact that her office could have done the same for less money.

 Early voting begins Saturday.

Audio clips:

Controller Kim Wallin says she has worked to collect outstanding debts:

101210Wallin :13 and filing fees.”

Controller candidate Barry Herr said he would use the job to bring a GOP influence to issues:

101210Herr :28 fiscal conservative bent.”

Nevada Elections Officials Praised By Federal Agency For Quick Response To Ballot Issue

By Nevada News Bureau Staff | 2:20 pm October 12th, 2010

CARSON CITY – The U.S. Department of Justice (DOJ) has praised Nevada elections officials for working “quickly and cooperatively” to address a delay in mailing ballots to uniformed and overseas voters due to the failure of a private vendor to deliver printed ballots on time.

The DOJ and Nevada Secretary of State’s office have worked diligently throughout the election cycle to monitor and enforce the federal Military and Overseas Voter Empowerment Act (MOVE Act), which requires local elections officials to mail ballots to uniformed and overseas voters 45 days before the election if the ballots are requested by then.

The 45-day deadline was missed by four or five days in the case of 34 Elko County voters because the ballots were not delivered to the county on time.

As a result, Secretary of State Ross Miller’s office filed an emergency regulation on Oct. 6 allowing Elko County an additional six days to receive and count ballots from the 34 voters.

All 34 Elko County voters were contacted and informed of the options available to them for returning their ballots electronically well ahead of election day. Many of the voters have already cast and returned their ballots.

In a statement issued Friday, Thomas E. Perez, assistant attorney general for the DOJ Civil Rights Division, said: “Nevada officials worked quickly and cooperatively with the department and adopted measures that will ensure the state’s military and overseas voters will have their votes counted in the upcoming election.”

Nevada Population Projections Show Bleak Future In Near Term

By Nevada News Bureau Staff | 12:21 pm October 12th, 2010

CARSON CITY – Nevada is projected to lose more than 50,000 residents by 2014 because of the ongoing state economic slump, state Demographer Jeff Hardcastle said today.

The short term projections are bleak under either of two models developed by Hardcastle to forecast Nevada’s population growth through 2030.

The similarities using the two different sets of data end starting in 2015. From 2015 to 2030, using a more pessimistic model, the state’s population could grow as little as 14,000, an insignificant gain for a 15-year period, he said. Using more optimistic data shows the state’s population growing by as much as 1.2 million during that same period.

“While the long-term projections differ between the two, both show the same short-term results,” said Hardcastle, who is housed in the Nevada Small Business Development Center in the University of Nevada, Reno College of Business. “The two projections show a net loss of almost 54,000 people by 2014.”

Hardcastle said he developed two scenarios for the first time because of the uncertain economic climate. Nevada leads the nation in unemployment and home foreclosures.

The population projection report says Nevada’s total employment peaked in May 2007. Nevada led the nation in population growth in 2007. In 2006 Arizona was the fastest growing state but prior to that, Nevada was the fastest growing state for 19 years.

“Things have changed since then,” the report said. “Between the peak and the bottom, Nevada has lost over 196,000 jobs. Job loss in Nevada appears to be flattening out with the low point having been in January 2010.”

Overall, Hardcastle said change will be uneven across Nevada. Population estimates for northwestern Nevada (Carson City, Churchill, Douglas, Lyon, Storey and Washoe Counties) are uncertain for the next 20 years, ranging from losing 4,000 people to gaining more than 100,000. Southern Nevada (Clark and Nye Counties) could grow by 27,000 to more than 1.1 million over the next 20 years.

To achieve the highest projections given, Hardcastle said that Southern Nevada will still need to see a substantial resurgence of its bread-and-butter industry – hospitality and gaming. That industry and the construction industry are key considerations in projecting population estimates for both northern and Southern Nevada, he said.

“At one point, we had 88 percent higher employment in the construction industry here in Nevada than the national average,” Hardcastle said. “That’s how dependent we were on that industry, along with gaming.”

Hardcastle said population projections in rural Nevada (Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Mineral, Pershing and White Pine Counties) are also shaky, and will mainly be dependent upon whether these areas can continue to ride the wave of the current growth in its mining industry over the next 20 years. He emphasized that job creation is what will determine which scenarios play out throughout the state.

“From May 2007 to January 2010, Nevada lost more than 190,000 jobs,” he said. “To bounce back from that, it’s going to take a lot of job creation. We need to be having discussions about what are the jobs that will replace those that we have lost.”

The population projections are used in preparing the state’s budget and for other planning purposes. A draft of the projections has been sent to local governments and other interested parties for comment.

Work Stoppage On Yucca Mountain Review Not The End Of Nuclear Waste Project, State Official Says

By Sean Whaley | 11:14 am October 12th, 2010

CARSON CITY – Nevada remains in limbo over the status of Yucca Mountain as a potential repository for the nation’s nuclear waste even with a work stoppage on the project review by the Nuclear Regulatory Commission due to funding limitations, a state official says.

Bruce Breslow, executive director of the Nevada Agency for Nuclear Projects, said ultimately it will be the courts and Congress who will decide whether the licensing process for Yucca Mountain moves forward.

“Well I think the state would be happy about it if things actually finally led to a conclusion, but we’re a long way away from a conclusion when it comes to Yucca Mountain,” he said in reference to the work stoppage.

Breslow was asked to respond to a report Friday in the Las Vegas Review-Journal about the NRC closing down review work on the Yucca Mountain project. The newspaper reported that questions were being raised about whether NRC Chairman Gregory Jaczko was acting on his own in directing the work stoppage.

The NRC rejected any such claims.

Groups that support the continuation of licensing at Yucca Mountain have complained that Jaczko is halting the review without authority.

Randi Thompson, spokeswoman for Nevadans 4 Carbon-Free Energy, said Jaczko formerly worked for dump opponent U.S. Senate Majority Leader Harry Reid, D-Nev.

“So he does not come into this position with an open mind on the Yucca issue,” she said.

Nevadans 4 Carbon-Free Energy is interested in turning Yucca Mountain into a R&D complex to research renewable energies and develop nuclear reprocessing technologies.

Thompson said also there is a significant difference between funding construction of Yucca Mountain and performing the document review necessary for licensing.

Jaczko, “is making a big jump between saying there is no money for Yucca and there is no money to review the documents,” she said.

The NRC is obligated by law to review the documents to assess whether Yucca Mountain would make s safe repository, Thompson said.

Breslow said Nevada is a party to a lawsuit in the U.S. Circuit Court of Appeals in Washington, DC, where several states and other government entities are seeking to stop the U.S. Department of Energy from withdrawing its Yucca Mountain license.

The state is also waiting for a decision by the U.S. Nuclear Regulatory Commission on a ruling by the licensing board denying the DOE’s right to withdraw its license,” he said.

That decision is not likely to come until after the November election, Breslow said.

“The election will have a big impact on the future of Yucca Mountain,” he said.

“So we’re all in no man’s land waiting for the NRC’s decision on the appeal, on the federal licensing decisions and the appeal, on who wins the elections because that will have an effect on whether Yucca gets funded in the future, and things like that,” Breslow said.

Thompson agreed about the effect of the November election, saying a Sharron Angle win in the Nevada U.S. Senate race could change the future of Yucca Mountain.

Breslow said work at the actual Yucca Mountain site stopped nearly a year ago.

President Barack Obama announced early this year of his intention to phase out funding for Yucca Mountain and to seek withdraw of the license application.

But Breslow said other states want the licensing process to continue so Yucca Mountain will be available to bury their radioactive waste even though Nevada has proven it is unsafe.

“And the bottom line is every other state wants to dump its waste in Nevada and Nevada wouldn’t receive a dime for it,” he said.

Audio clips:

Nevada Nuclear Projects chief Bruce Breslow says the work stoppage does not mean the end of Yucca Mountain:

101110Breslow1 :10 to Yucca Mountain.”

Randi Thompson says NRC Chairman Gregory Jaczko worked for Harry Reid:

101110Thompson1 :09 the Yucca issue.”

Thompson says there is a difference between funding Yucca and funding the document review:

101110Thompson2 :08 review the documents.”

Thompson says the NRC is required by Congress to perform the review:

101110Thompson3 :18 repository or not.”

Breslow says a number of issues are at play in the future of the project:

101110Breslow2 :21 things like that.”

Breslow says other states want Yucca licensed:

101110Breslow3 :09 dime for it.”

Nevada State Treasurer, Opponent, Trade Jabs In Televised Debate

By Sean Whaley | 8:44 pm October 11th, 2010

Republican state treasurer candidate Steve Martin faced off against Democratic incumbent Kate Marshall in a debate Monday, with Martin continuing to criticize his opponent for failing to fully disclose details of a $50 million failed 2008 investment.

Marshall countered that she fully disclosed the loss with the September 2008 bankruptcy filing by Lehman Brothers and rejected any suggestion by Martin that she should have been aware of the impending failure of the firm that cost states and local governments $3 billion nationwide.

Martin took the opportunity during the debate on Jon Ralston’s Face To Face television program to correct the suggestion that he had lost money for his private clients with the Lehman Brothers collapse, a claim made by Marshall and her staff.

Martin said he was not providing investment advice at the time and so could not have lost his clients any money.

Marshall emphasized her leadership in her first term as treasurer and rejected Martin’s criticisms that she misled the Legislature about the financial status of the Millennium Scholarship program or mismanaged the office’s unclaimed property fund.

An audit of the unclaimed property fund did identify areas that needed to be fixed, but she said: “I think the first paragraph of the audit says it all, it says that our office has done a phenomenal job.”

Martin, a certified public accountant, also said he is better qualified to serve as treasurer given his financial background versus Marshall, who is an attorney.

Martin again emphasized the $50 million Lehman loss and the failure of Marshall to be up front about it.

“If they say they have transparency in the office, why did the report that was filed in 2009 make no mention of Lehman Brothers,” he asked. “Why in June of 2010 did the treasurer request an attorney general’s opinion that said we couldn’t talk about this at the Board of Finance meeting.”

Martin also asked why the next Board of Finance meeting was delayed until after the Nov. 2 general election.

Marshall countered by saying she disclosed the Lehman loss the day after the company filed for bankruptcy. The loss to the state may now be less than $50 million because Lehman Brothers is now profitable, she said.

“First off I think it is dishonorable to say that I should have known when my opponent admits his own clients lost money on Lehman’s, so I find that a disingenuous statement,” she said.

Martin said Marshall’s comment is in error.

“Well let’s correct the record right now,” he said. “None of my clients lost money in the stock market. Absolutely none. That is twice your office has accused me of having said that. It is absolutely incorrect.”

Audio clips:

GOP treasurer candidate Steve Martin says Marshall has not been open about the Lehman loss:

101110Martin1 :16 of Finance meeting.”

Marshall says Martin should not criticize her office on Lehman because  his clients lost money:

101110Marshall1 :10 a disingenuous statement.”

Martin says Marshall’s claim he lost his clients money is false:

101110Martin2 :17 is absolutely incorrect.”

Marshall says audit on unclaimed property says her office has done a great job:

101110Marshall2 :05 a phenomenal job.”

Carson City Assembly Race Key For Democrats, Republicans For 2011 Legislative Session

By Sean Whaley | 10:22 am October 9th, 2010

CARSON CITY – The neighborhoods of this capital city and the Washoe Valley just to the north are ground zero for one of the most fiercely contested state legislative races in Nevada this year.

Potentially at stake is the makeup of the 42-member Assembly and whether Democrats can sustain their dominance of the lower house with a 28-member, veto-proof majority.

If Democrats hold on to the Assembly 40 seat being vacated by Assemblywoman Bonnie Parnell, D-Carson City and maintain a two-thirds edge, Republicans will have a tough time exerting any influence over the legislative process or on issues ranging from taxes to redrawing the state’s political boundaries.

If Republicans win the seat in a district where they have a big registration edge and end up with at least 15 seats, Democrats will still be in the majority but they will have to deal across the aisle on a range of critical issues.

The race is between two current members of the Carson City Board of Supervisors: Democrat Robin Williamson and Republican Pete Livermore.

While recognizing the Assembly 40 seat is an important Republican-Democrat battleground, both Livermore and Williamson say there are running to serve the voters in the district and address constituent concerns.

A resident of Carson since 1990, Williamson said she has been active on a number of issues, including helping get an open space initiative on the ballot and approved by voters several years ago.

“At the end of the day what I really want to do is do a good job representing the constituents of Assembly District 40,” she said.

Livermore, who has lived in the community for 50 years, said he believes his character and track record of service to the community will outweigh the negative and erroneous campaign attacks being launched by Democrats in the race.

“I think it gets back down to my service in this community . . . and how the people have judged me and watched me and know what I’ve done,” he said. “It’s terrible to think that money can buy an election.”

The importance the state Democratic Party attaches to holding onto the seat can be seen in the frequent mail deliveries as the deadline for early voting approaches.

Three “hit” pieces of mail have been sent out by the state Democratic Party highlighting the sale of Livermore’s A&W restaurant and property to the city in 2005 as part of a road widening project. The city paid $604,000 for the property while Livermore was serving on the Board of Supervisors.

The mailers call the sale a “sweetheart deal” that cost city taxpayers.

In response, Livermore has sent out a letter saying he had received a $650,000 offer for the property from a private business before selling it for the road project for $604,000. After paying off loans and other costs, Livermore said he ended up with $20,000.

It was the Regional Transportation Commission, not the Board of Supervisors, that sought the purchase, he said.

“If unworthy campaigning is what Carson City wants, they won’t have to wait long,” Livermore said. “There will probably be more.”

The Nevada State Education Association has also weighed in on the race, sending a mail piece criticizing Livermore for signing the Americans for Tax Reform pledge to never raise taxes.

“Would Pete Livermore fire my teacher?” the mailer asks.

Livermore said he does not understand how the teachers union can equate his position on taxes, which is also held by both major candidates for governor, with laying off teachers.

Williamson has sent out a positive mailer about herself that calls for lawmakers to work together to create jobs and help Nevada small businesses recover from the economic slowdown.

Livermore raised $11,000 for the race up to the June primary. New campaign reports won’t come out until just a few days before election day Nov. 2.

Williamson raised $26,000, including contributions from Assembly Majority Leader John Oceguera and other Assembly Democrats. This does not include the money spent on her race by the Democratic Party or other interest groups.

As of Sept. 30, Democrats had 7,796 registered voters in the district, while Republicans had 9,660. There are also 3,005 nonpartisans and 1,010 Independent American Party voters in the district as well.

Williamson said the issues for voters are jobs, the economy and education. There are also a lot of state government employees in the district, so questions about the retirement system and other issues affecting state workers frequently come up as well, she said.

Williamson said she will fight to maintain those benefits for current employees and retirees. She would also wait before considering changes to the retirement system for new hires until the effects of changes made in the 2009 legislative session can be evaluated.

With regard to the state budget situation, where revenues are anticipated to come in much lower than needed to maintain current state programs and services, Williamson said there are ways to increase revenue without raising taxes. An example is the opportunity to collect sales taxes from sales over the internet, she said.

Changes to the current assessed valuation system for property could also be examined, Williamson said.

Job creation efforts should focus on small businesses, helping those already here to thrive and encouraging new businesses to come to Nevada that offer new types of employment opportunities, she said.

A project now in the planning stages in Carson City to bring in new jobs, called a Business Resource Information Center to get small businesses up and running, might become a model for the state, Williamson said.

The district has a strong Republican edge, but Williamson said she has always worked to find common ground on issues.

“I’m willing to work hard and I think people appreciate that,” she said. “And I’ve got a lot of energy. I try to build consensus and reach across party lines and put the emphasis on basics like getting people back to work. So far I think that message has kind of resonated.”

Livermore said as the representative in District 40, he will work to ensure that the state job base in the capital is protected. Losing state jobs will only add to the unemployment rolls and further hurt the economy, he said.

“I’m going to work hard to make sure that those state employees don’t become part of that unemployment number,” Livermore said.

But Livermore said he also wants to work to help small businesses recover from the severe economic downturn.

“I want to maybe look at the business regulations and the burdens of fees and charges and those complicated things that restrict our recovery,” he said. “That is going to be my main focus.”

As to the budget situation, Livermore said it is too early to have a clear picture of the severity of the problem. The August gaming numbers came in strong, and sales taxes have shown some improvement locally, so until the revenue picture is clearer, it is only speculation as to what a potential shortfall might look like, he said.

“Just blatantly going in and saying look, I’m going to be a supporter of raising 5 percent on banks, and 2 percent on mining and 6 percent on gaming, I think is unprofessional,” Livermore said.

Livermore said it is critical for Republicans to win some additional seats in the Assembly because of redistricting and all the other critical issues that will come up next year.

The 2009 session might have been much different if Republicans had won the seat in 2008. Incumbent Bonnie Parnell won by 379 votes over the Republican candidate. A third party candidate drew over 1,000 votes in the race. The win would have given Assembly Republicans 15 votes, one more than needed to take away the Democratic supermajority.

Livermore said having representation from both major political parties creates checks and balances that result in compromise and better legislation. It could be a Republican year that will generate as many as 17 or 18 Republicans in the Assembly, he said.

Audio clips:

Assembly candidate Robin Williamson says she wants to do a good job representing the constituents of District 40:

100810Williamson1 :28 when I’m elected.”

Williamson says her willingness to work hard and seek compromise is resonating with voters:

100810Williamson2 :23 kind of resonating.”

Assembly candidate Pete Livermore says he will work to save state jobs so the unemployment picture does not worsen:

100810Livermore1 :36 that unemployment number.”

Livermore says it is premature to talk about taxes until the budget picture becomes clearer:

100810Livermore2 :12 think it’s unprofessional.”

Reid and Sandoval Wrangle Over Budget And Taxes In Second Debate In Nevada Governor’s Race

By Sean Whaley | 10:15 pm October 7th, 2010

Taxes, the state budget and a looming revenue shortfall in 2011 took center stage Thursday in the second debate between the two major party candidates for Nevada governor.

Democrat Rory Reid emphasized his detailed proposals to create jobs and balance the budget without new taxes, while Republican Brian Sandoval focused on the need for the state to cut spending and live within its means.

Reid spent much of the hour-long debate in Las Vegas criticizing Sandoval for failing to produce a plan to balance the state budget, which faces a huge gap between tax revenues and anticipated spending needs in the coming two years.

“And Brian can’t talk about his plan tonight, because he doesn’t have one,” Reid said. “It’s hard for me to point out the problems in his plan because he hasn’t released it. He said in June he would deliver a plan to the people of Nevada. It’s Oct. 7. He still hasn’t. Where’s your plan, Brian?”

Sandoval responded that Reid’s budget plan contained “fantasy” revenues of more than $1 billion.

“If you took the time to review his plan, it includes $615 million of fantasy money that we don’t have,” he said. “It has another $400 million of money that supposedly is going to come from modernization and efficiencies that isn’t there.”

Reid would raise taxes to balance the budget, Sandoval said.

“We’re going to have to go back to 2007 levels,” Sandoval said. “That’s the expenditures that we’re going to have to have. We’re going to have to continue the furloughs, but if we make these tough decisions we’ll be able to balance the budget.”

Reid countered that his budget plan is based on solid proposals that do not require new taxes, and he again complained that he could not comment on Sandoval’s budget proposal because he hasn’t presented one.

Sandoval said Reid has repeatedly said he would not raise taxes to balance the budget, but recently acknowledged that if he was presented with a budget from the Legislature that raised taxes, he would accept it.

“No tax ever created a job,” he said.

The debate produced no major gaffes or changes in script from either candidate. Sandoval continues to lead Reid, the son of U.S. Senate Majority Leader Harry Reid, in polls.

Reid emphasized his experience as chairman of the Clark County Commission, balancing budgets as large as the state budget.

Sandoval said he has experience with the state budget as a member of the Legislature, and prepared and worked within an executive agency budget as attorney general.

Both rejected any notion of increasing a variety of taxes, from mining to a sales tax on services, to balance the budget despite the anticipated revenue shortfall needed to fund basic programs.

Reid said Sandoval would have to cut public education and lay off teachers to balance the budget.

Sandoval said his plan would not lay off teachers, and he countered that Reid’s plan to continue furloughs for public employees and teachers would result in a cut to education despite his comments to the contrary.

The two candidates also differed on the new federal health care legislation, with Sandoval saying he supports the legal challenge to the constitutionality of the law.

Sandoval said the law is driving up the cost of health insurance premiums in Nevada, and that it could cost Nevada $500 million over 10 years in increased Medicaid costs.

Reid said the challenge is politically motivated but acknowledged the potential cost issues for the state.

“There is potential for it to put significant pressure on states because Medicaid rates could go up significantly,” he said.

Reid said better management of Medicaid, including more managed care, can help deal with the cost issues raised by the new law.

Reid suggested in his opening statement that Sandoval would be beholden to special interests as governor, a theme in one of his television ads that portrayed the former federal judge as a lobbyist for the banking industry.

“Brian seems like a nice person, but I’m concerned about whether he is his own person,” Reid said. “The people behind him, the lobbyists that recruited him, the one’s that will write the bills and the budget that he proposes, they are the ones I’m concerned about. Because if he doesn’t have the strength to stand up to them, how will he ever stand up for you.”

Sandoval said he has experience, integrity and is opposed to tax increases in any form to balance the state budget. He said Reid has flip-flopped on taxes.

“When he was presented with the question that said: If you were presented with a budget that includes a tax increase, would you sign it,” Sandoval said. “And his response was, ‘I would.’ So the answers have changed tonight compared to the answer that was given previously.”

Audio clips:

Democratic governor candidate Rory Reid questions Brian Sandoval’s independence:

100710Reid1 :20 up for you.”

Reid asks Sandoval for his budget plan:

100710Reid2 :15 you’re plan Brian.”

Republican governor candidate Brian Sandoval says Reid’s budget is based on fantasy revenues:

100710Sandoval1 :21 doesn’t add up.”

Sandoval says Nevada government has to cut back:

100710Sandoval2 :12 balance the budget.”