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Campaign Finance And Election Reform Bills Win Approval In Assembly By Deadline

By Sean Whaley | 8:06 pm April 26th, 2011

CARSON CITY – Two bills that would close loopholes and increase transparency in Nevada’s election and campaign finance laws won approval in the Assembly today with no time to spare.

Secretary of State Ross Miller is seeking the bills restricting the use of multiple political action committees to bypass campaign contribution limits and requiring electronic filing of campaign contribution and expense reports by most candidates.

Today was the deadline for the bills to win Assembly approval or see no further consideration in the 2011 legislative session. They will now be considered by the Senate.

Assembly Bill 452 contains the provisions requiring most candidates for public office to file their campaign reports electronically so the data can be entered into a searchable database. The bill also requires the reports to be filed before early voting so voters can see who gave money to candidates and where they spent their funds.

Assembly Bill 81 contains a provision restricting the creation of political action committees to circumvent limits on how much money can be contributed to a campaign as is now being reviewed in Rory Reid’s failed gubernatorial bid.

Miller’s office is investigating Reid’s use of 90 shell political action committees his campaign established to funnel $750,000 into his race for Nevada governor. Reid has said the use of the multiple PACs was legal. The use of the PACs was first reported by political commentator Jon Ralston.

The section of the bill had been deleted by the Assembly Legislative Operations and Elections Committee after some lawmakers expressed concern that the language in the bill could be improperly applied to their caucus and leadership PACs as well.

New language that was acceptable to a majority of the Assembly membership was amended into the bill on the Assembly floor before the final vote sending the measure to the Senate.

Another section of the bill would allow for bigger financial penalties if a third-party group spends money in a Nevada campaign without filing the required disclosure information.

The proposed language is intended to clarify state law and allow Miller to count each activity, such as multiple ad buys, as separate violations that could bring civil penalties. The clarification would help ensure compliance with the reporting requirements.

“It’s always been our position that every TV buy was an actionable violation of the statute,” Miller said after the committee vote earlier this month. “We recognize that it could certainly be argued that, in the aggregate, all of those violations only constituted one violation.

“Obviously it is a poor policy because it would allow a significant out-of-state buy and somebody to say, ‘here is your $5,000 fine and that’s an acceptable cost of doing business for us,’ ” he said.

The bill passed on a 32-10 vote with the “no” votes from Republicans. Six Republicans voted for the measure.

AB452, which also contains a controversial provision requiring a two-year cooling off period before a former lawmaker could be paid to work as a lobbyist in the Legislature, passed on a 27-15 vote with a mix of Democrats and Republicans in support.

Assemblyman William Horne, D-Las Vegas, an attorney, objected to the provision, saying it would prohibit him from representing a client in the Legislature if he left office.

Assemblyman William Horne confers with colleagues on the Assembly floor today/Photo: Andrew Doughman, Nevada News Bureau

“I have a fundamental disagreement with some of my colleagues that you should prohibit someone from doing what they’re gainfully employed to do,” Horne said after the vote.

He said “it’s a fiction” to imagine that two years spent away from the Legislature would erase the relationships he has built as an Assemblyman.

But Assemblywoman Lucy Flores, D-Las Vegas, said that the cooling-off period is all about public perception.

“We want to promote good governance and a process that is free from influence, even if it’s sometimes not,” she said.

Assemblyman Skip Daly, D-Sparks, was a lobbyist before he became a legislator. He also voted against the bill because he said it would restrict a citizen from doing part of a job if that job required lobbying at the Legislature.

He said it would have been better to establish a two-year cooling-off period for a “hired gun” who lobbies at the Legislature as a contract lobbyist.

Assembly Speaker John Oceguera, D-Las Vegas, commented on the unusual votes: “I think people are just voting their conscience. … I really don’t think there’s a problem, but the public perceives a problem … For me, it was a matter of principle and earning the public’s trust.”

AB452 would require campaign contribution and expense reports to be filed four days before early voting and would be updated to reflect any additional contributions and expenses four days prior to the primary and general elections.

It would also make the Secretary of State’s office the central repository for the campaign reports for all elections, as well as for financial disclosure statements required of candidates and elected officials. These reports would also be filed electronically.

The provisions for electronic filing and earlier filing dates for the reports are being sought  by Miller who has said Nevada’s current reporting laws result in the state getting a failing grade on campaign transparency.

Nevada has consistently received poor grades for its transparency on election reform efforts, including an “F” in 2008 from the Campaign Disclosure Project.

Nevada News Bureau intern Andrew Doughman contributed to this report.

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Bill From Secretary Of State Could Net State $11 Million

By Andrew Doughman | 8:24 pm April 15th, 2011

CARSON CITY — Changing one word in a law could save Nevada up to $11 million.

Secretary of State Ross Miller has sponsored a bill that would change who is exempt from Nevada’s business license fee.

Right now, home-based businesses making less than $27,000 a year in net earnings are exempt from the requirement.

Miller would change the language to “a natural person” rather than the current “person,” since businesses have used this as an excuse to declare themselves exempt.

In law, a business can claim to be a person. A “natural person” is a warm-blooded human being.

Miller’s bill, Assembly Bill 78, would make it more difficult for businesses to skirt the fee. This past year, Miller conducted an audit after having noticed a marked increase in the number of businesses claiming exemptions.

He found that businesses like bowling alleys were claiming to be a “person” operating a home business.

“The audit speaks strongly to the need to pass Assembly Bill 78 which levels the playing field for all businesses and captures lost revenue that is critically needed,” Secretary Miller said in reaction to the audit. “At a time when legislators are looking at severe budget cuts and possible tax increases, it only makes sense that we clarify and enforce the laws on the books. It’s absolutely in the state’s best interests to do so.”

The $11 million is what Miller expects the state to earn when it re-captures money from businesses that have been taking advantage of this loophole.

Miller had earlier included language to impose a $1,000 to $10,000 fee on a business that fails to register or renew a business license in Nevada. But he struck that language in an amendment.

This should make the bill easier to pass, since Gov. Brian Sandoval has said he will veto any bill that raises taxes or establishes a new tax or fee.

An Assembly Judiciary committee worked late Friday night to meet a deadline to pass bills out of committee.

Perhaps out of tiredness or for some other reason, they miscounted a vote on Miller’s bill.

Republicans dissented and argued that the bill could unintentionally hurt businesses. Assemblyman Steven Brooks, D-Las Vegas, also voted against the bill for similar reasons.

With one Democrat and one Republican absent and needing a majority of committee members to vote for the bill, the Democrats stalled for time and voted on other bills before coming back to Miller’s bill.

Miller, sitting in the audience, watched as Speaker John Oceguera and Majority Floor Leader Marcus Conklin flitted in and out of the committee room in an attempt to get their votes together.

But when Brooks saw that his vote would either make or break Miller’s bill, he changed his mind.

“It was clean-up language and after I learned that, I supported it,” Brooks said after the vote.

When Brooks changed his vote while reserving the right to later vote against it, the bill passed out of committee on a party-line vote.

It now moves to the Assembly floor for a vote.

 

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Assembly Panel Hears Simplified Campaign Finance Reform Bill

By Sean Whaley | 4:29 pm March 29th, 2011

CARSON CITY – A simplified campaign finance reform bill that would require most candidates to file their contribution and expense reports electronically was given a generally favorable reception today during an Assembly Committee hearing.

The Committee on Legislative Affairs and Operations introduced Assembly Bill 452. The bill contains three key provisions from Secretary of State Ross Miller’s campaign finance bills, which the panel reviewed earlier this session.

But some provisions of the other legislation – Assembly Bills 81 and 82 – were criticized at the hearing earlier this month, including a proposal to increase filing fees for candidates for public office.

“And so the idea here was to strip out the three most important provisions that would really advance Nevada’s campaign finance measures and allow them to proceed as a single bill so that if people are hung up on certain provisions of AB81 or 82 these provisions would be allowed to go forward,” Miller said.

Assembly Speaker John Oceguera, D-Las Vegas, said the new bill was drafted to include those important reform provisions that appear to have the support of lawmakers and the public.

No one spoke in opposition to the campaign reform elements of the bill, although several amendments were offered by lawmakers and lobbyists. The bill will be reviewed later in a committee work session.

Miller testified in support of the bill, saying the current system of filing campaign reports by mail, and in a format that does not allow the public to search the information, is inadequate. Electronic filing would allow Miller’s office to create an online searchable database of the information.

AB452 also proposes to move up the filing dates of the campaign contribution and expense reports so the information is available prior to early voting. Reports would be filed four days before early voting and would be updated to reflect any additional contributions and expenses four days prior to the primary and general elections.

It would also make the Secretary of State’s office the central repository for the campaign reports for all elections, as well as for financial disclosure statements required of candidates and elected officials. These reports would also be filed electronically.

Gov. Brian Sandoval is in favor of the electronic filing requirement for campaign reports as well.

Miller said he is optimistic the bill will move forward, given that leadership in both the Assembly and Senate also support the reforms.

The bill also proposes to impose a two-year “cooling off” period before public officers, such as members of the Legislature, could be paid to lobby the body where they had served. For members of the Legislature, it would prohibit a former lawmaker from being paid to lobby at the Legislature in the next session following their leaving office.

Miller said this section of the bill is not within the purview of his office, but was sought by lawmakers.

Assemblyman William Horne, D-Las Vegas, an attorney and member of the committee, expressed concern that the cooling off period could affect his ability to represent a client and indicated he may have to oppose the bill unless the provision can be amended.

Miller said he will continue to seek passage of AB81 and 82 because they contain important reforms needed for transparency in Nevada’s elections.

“These are the three major provisions that could dramatically improve transparency in the process, but AB81 and 82 have major provisions that put disclosure requirements on third-party groups and additional reporting requirements, and that is a significant area of concern every election, is who is financing these campaigns, these shadowy third-party groups,” he said. “We’ve got to get that under control.”

Audio clips:

Secretary of State Ross Miller says the idea was to take the three key campaign finance reform provisions and put them in one bill:

032911Miller2 :23 to go forward.”

Miller said he will still pursue the other measures because they contain important election reforms:

032911Miller2 :24 that under control.”

 

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Report Suggests Economic Growth May Soon Be Under Way In Nevada

By Sean Whaley | 1:04 pm March 11th, 2011

CARSON CITY – While much of the economic news about Nevada is gloom and doom, a new report prepared for Secretary of State Ross Miller shows new business filings in the last quarter of 2010 turned positive for the first time since mid-2006.

The turnaround suggests the worst of the economic slowdown may be behind us, according to the report.

“Should historical trends hold true to form, general economic growth – including increased stability within the job market – should follow,” the report says. “When the new entity filings are charted with employment figures, it becomes clear that the new business filing statistics kept by the Secretary of State’s office may be a reliable leading indicator of future economic activity.”

Courtesy of Applied Analysis

The report was prepared by Applied Analysis at Miller’s request.

According to Applied Analysis Principal Jeremy Aguero, the research firm has analyzed hundreds of economic indicators and concluded that new business filings reported by the Secretary of State’s office provide meaningful insight and may even be an early warning system of future economic instability. Aguero also indicated that since these data have not been reported on a recurring basis, they may have been overlooked in the past.

In the fourth quarter of calendar year 2010, the number of new business filings totaled 13,801, contributing to a 12-month tally of 55,082. The latest quarterly volume was 2.4 percent above the preceding quarter and 2.8 percent above the 13,429 reported in the same period of the prior year.

Courtesy of Applied Analysis

The report comes out as the Nevada Department of Employment Training and Rehabilitation reported this week that the state’s unemployment rate fell seven-tenths of a percentage point to 14.2 percent in January. The drop was not seen as positive for the state, however.

“Unfortunately, the decrease was not driven by significant improvement in the labor market” said Bill Anderson, chief economist for the department. “It appears likely that some jobless Nevadans are becoming discouraged and giving up their search for work and dropping out of the labor force. In addition, given stagnant population levels, it is also likely that some Nevadans are leaving the state.”

Anderson noted there are some signs of an improving economy, with the key indicators of visitor statistics, gaming win and taxable sale exceeding expectations. Rising gas prices could affect the number of visitors to the state, however, he warned.

The Gaming Control Board also this week reported the casino gaming win for January, showing a less than 1 percent decline compared to January of 2010. The 0.67 percent decline was based on $877 million in win statewide.

For the seven months of the fiscal year to date, gaming win is up 1.2 percent over the same period in the prior year.

The Applied Analysis review of the new business filings makes one other point: Increases in foreign filings picked up in the first quarter of 2010 and have remained ahead of the prior year. Foreign filings were up 29.6 percent over 2009.

“Increases in the number of new foreign filers helped offset declines reported by domestic filers, which were down 7.8 percent for 2010. During the year, foreign filings accounted for 7.4 percent of activity, relatively modest yet a notable increase from the 5.4 percent average reported in all of 2009.”

Applied Analysis is a Nevada-based advisory services firm founded in 1997, providing information and analysis to both the public and private sectors.

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State Controller Wants Access To Bank Accounts, Licenses, In Debt Collection Effort

By Sean Whaley | 4:58 pm March 9th, 2011

CARSON CITY – State Controller Kim Wallin is seeking new authority from the Nevada Legislature to collect from those who owe the state money.

Senate Bill 81, heard today by the Senate Government Affairs Committee, would give Wallin the authority to identify those who owe money to the state using the databases of the many different professional licensing boards. This would ensure real estate agents, physicians, attorneys and other professionals either paid any outstanding taxes or other monies owed to the state or they would not get their licenses renewed.

“We have professionals that owe sales tax, any number of different debts, and to me it’s just another tool,” Wallin said. “If you are a professional and you owe the state of Nevada money, you need to pay your bill.”

State Controller Kim Wallin/Photo: Cathleen Allison/NevadaPhotoSource.com

The legislation would also allow Wallin to compare those owing the state money with bank accounts held by the debtors to improve collections.

It would work like child support collections do now, she said.

“If you owe for child support, they send an electronic file out to the banks, and if there is a match, then the banks withhold whatever money is in that account to pay the bill,” Wallin said.

Wallin has taken an aggressive approach toward the debt collection responsibility of her office, launching a new website last fall that includes a list of businesses and individuals who owe money to the state and the amounts they owe. It is updated about once a month.

When state agencies are unable to collect outstanding debts, they turn these accounts over to the controller’s office for collection. The list shows about $80 million in old debts owed to the state, although some of it is likely noncollectable.

Wallin said the money owed to the state wouldn’t entirely solve Nevada’s current budget crisis, but it would help.

The panel took no immediate action on the bill, referring it to a work session to resolve concerns raised by Janine Hansen, a member of the Independent American Party and a frequent candidate for political office who said she and other party members would be adversely affected by the ability of the controller to tap bank accounts to collect debts.

Hansen, along with several other members of the IAP, owe thousands of dollars in fines to the Secretary of State for alleged violations of campaign law.

Hansen said she was assessed $15,000 in 2007 for changing the wording on her campaign contribution and expense reports from her 2006 race to reflect that she swore the information was true in the name of Jesus Christ. Hansen said the fine is a violation of her freedom of religion.

The order imposing the fine shows, however, that Hansen did not properly fill out the reports because she was reporting only contributions and expenses made in “gold and silver dollars” of which there were none.

Hansen said other party candidates who ran in 2002 did not file reports because they spent no money on their races, but they too were assessed fines amounting to thousands of dollars as a result, even though there was a question as to whether the reports were required.

While some party members are challenging the fines, if SB81 passes, Hansen said she would not be able to maintain a bank account because the money could be taken by the controller’s office to pay what she says is an unconstitutional debt.

Hansen said the fines are unjust and are the result of persecution of the IAP by Secretary of State Ross Miller.

Committee Chairman John Lee, D-North Las Vegas, asked Wallin to work with Hansen and panel member Sen. Joe Hardy, R-Boulder City, to see if the concerns could be accommodated.

Hardy said the provisions of the bill would cast a wide net that might have unintended consequences.

Audio clips:

Controller Kim Wallin says SB81 would provide more tools to collect money owed to the state:

030911Wallin1 :12 just another tool.”

Wallin says professionals who owe the state money should pay up:

030911Wallin2 :04 pay your bill.”

Wallin says the bank account access would work like child support enforcement does now:

030911Wallin3 :13 pay the bill.”

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Secretary Of State Presents Campaign Finance And Election Reform Package To Legislature

By Sean Whaley | 6:53 pm March 1st, 2011

CARSON CITY – Secretary of State Ross Miller made his pitch for campaign finance reform before an Assembly committee today, saying that while his two bills are extensive and complex at 155 pages combined, the many provisions are necessary because, “we are behind the curve.”

Miller, in testimony before the Assembly Legislative Operations and Elections Committee, said Nevada should provide increased transparency to voters about the campaign contributions and expenses of the candidates for public office.

The committee took no immediate action on the measures.

“This legislation has a lot in it – I get it – 155 pages of legislation, but it has a lot in it because we are behind the curve,” Miller said.

Secretary of State Ross Miller
Photo: Cathleen Allison/ NevadaPhotoSource.com

Of all the provisions in the two bills, the requirement of electronic filing of  campaign contribution and expense reports, the change in deadlines to make the filings more useful to the public, and having the secretary of state’s office be the single entity to maintain the information, are the most important, he said.

“If you remember only one thing from this package, it’s that those three things alone would send voters a message that transparency is a priority in our campaign and election processes, and the three go hand-in-hand toward increasing accessibility,” Miller said.

Nevada has consistently received poor grades for its transparency on election reform efforts, including an “F” in 2008 from the Campaign Disclosure Project.

Assembly Bills 81 and 82 would require online reporting of campaign contribution and expense reports so the data could be searched by voters. Filing deadlines would also be moved up so the reports would be filed before early voting begins.

The two measures would also provide for online voter registration, a process Miller said is more secure than the current use of voter registration cards. The bills would also increase fines for violation of voter registration laws.

Filing fees for candidates would also be increased for the first time in 20 years, to $3,000 from the current $500 for U.S. Senate candidates, and to $300 from $100 for legislative candidates. Other filing fees would increase as well.

Members of the Assembly panel asked questions and voiced some concerns, particularly about the increased penalties proposed for voter registration violations because of the many volunteers who perform such work, but there was no clear opposition expressed to the measures by lawmakers.

Several members of the audience testified in support of the proposal to require on-line filing of campaign reports by candidates, including Barry Smith, executive director of the Nevada Press Association.

Clark County Registrar of Voters Larry Lomax said he supported the electronic filing of campaign reports, both to save employee costs and because of the improved transparency for the voting public.

But not everybody was in favor of the bills.

Lynn Chapman, Washoe County chairwoman of the Independent American Party, said the increased fees proposed in AB81 would be a hardship on some candidates, including herself. She ran unsuccessfully for Washoe County Public Administrator in 2010. The new fees would require $300 to file, up from $100 now, for a county office.

Janine Hansen, state president of the Nevada Eagle Forum and a candidate for the Assembly in the 2010 election, said the bills favor the rich and powerful.

“The secretary of state’s election bills, AB81 and AB82, secure the advantages for the rich, powerful incumbents and candidates anointed by the ‘powers that be,’ ” she said. “These twin bills are dangerous to the democratic election process.”

Hansen also objected to the increase in filing fees, saying they would be a disadvantage to challengers and minor party candidates.

“Has the secretary of state become a revenuer instead of an elections official?” she said.

Miller said the filing fees have not been raised in 20 years and do not cover costs. He said the filing fees would not keep candidates from seeking public office, and that candidates could gather signatures to qualify for the ballot instead.

A number of other speakers, both in Carson City and Las Vegas, voiced opposition to the bills on many different grounds, including the increase in filing fees. Some critics characterized the measures as a “power grab” by Miller’s office.

Audio clips:

Secretary of State Ross Miller says his election bills are lengthy because Nevada is behind the curve:

030111Miller1 :10 behind the curve.”

Miller says electronic filing of campaign reports, earlier filing of reports and having his office in charge of the information, are the most important elements of the reform package:

030111Miller2 :14 toward increasing accessibility.”

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Hearing Canceled On Measure To Fine Companies For Failing To Obtain State Business Licenses

By Sean Whaley | 10:38 am February 15th, 2011

CARSON CITY – A bill that would impose fines of $1,000 to $10,000 on businesses that failed to obtain a state business license after being notified by the secretary of state’s office has been pulled from a scheduled committee hearing.

Assembly Bill 78, sought by Secretary of State Ross Miller, had been set for a hearing on Wednesday in the Assembly Judiciary Committee.

Pam duPré, public information officer for the secretary of state’s office, said today Miller wants to clarify some of the language in the bill, and expects it to be rescheduled for a hearing before the Judiciary committee next week.

Freshman GOP Assemblyman Mark Sherwood last week criticized the bill, saying it would hurt Nevada’s business climate. Sherwood sent an email to Miller on Wednesday raising concerns about the bill but did not get a response. He then issued a press release saying the bill as written “would kill jobs and destroy businesses.”

Current law allows for fines for willful failure to obtain a state business license. AB 78 as currently written would remove the requirement for willfulness before such fines could be imposed.

Sherwood’s concerns were reported Friday by the Nevada News Bureau.

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GOP Lawmaker Opposes Bill to Impose Big Fines on Unlicensed Businesses

By Sean Whaley | 4:26 pm February 11th, 2011

CARSON CITY – Freshman GOP Assemblyman Mark Sherwood is taking Secretary of State Ross Miller to task for proposing legislation that he says will hurt Nevada’s business climate.

Sherwood, R-Henderson, said Assembly Bill 78, set for a hearing Thursday in the Judiciary Committee, “would kill jobs and destroy businesses.”

The bill would impose fines of at least $1,000 for businesses that fail to obtain or renew a state business license within 30 days of receiving notice of such failure from the secretary of state’s office.

Sherwood called the fines, which could rise to $10,000, unfair, noting they could be imposed even on businesses that accidentally failed to obtain a license within the specified time frame.

Current law allows for fines for willful failure to obtain a state business license. AB 78 would remove the requirement for willfulness before such fines could be imposed.

“The word willfully has been stricken from the new revision so no matter what, in 30 days, if you don’t pay this bill, you are on the hook for no less than $1,000,” Sherwood said.

Sherwood said an agent often obtains the license for the business, and the business owner may not see the documentation for 30 days.

“At a time when we should be doing all we can to assist small businesses and remove government obstacles to their success, it is simply outrageous to create new bureaucratic burdens on small business owners,” he said. “This is one of the most egregious anti-business proposals I have ever seen.”

Sherwood said he emailed his concerns to Miller but has not yet received a response.

Asked for a response to Sherwood’s criticisms of the measure, Miller said in an email: “It is unfortunate that, during a time when this state should be focused on coming together to find solutions, Mr. Sherwood has instead chosen to resort to partisan motivated publicity stunts before understanding or perhaps even reading the bill.”

As a member of the Board of Examiners, Miller has sought to ensure that businesses awarded contracts by the state have a state business license.

Sherwood said he has read the bill and is concerned about what such fines might mean to Nevada’s troubled economy and business climate.

“Times are hard enough on Nevada’s entrepreneurs,” he said. “As legislators, we should be working to remove Draconian government roadblocks, not create more of them.”

Audio clip:

Assemblyman Mark Sherwood says AB78 would fine businesses even for accidentally failing to obtain a business license within the specified time frame:

021111Sherwood :10 less than $1,000.”

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Secretary Of State Appoints New Deputy Elections Officer

By Andrew Doughman | 4:24 pm January 11th, 2011

CARSON CITY – Secretary of State Ross Miller today appointed Scott F. Gilles as deputy elections officer. He steps into the role after his predecessor, Matt Griffin, resigned this past December to return to private practice.

In accepting the position, Gilles will be leaving private practice to join a public office that has had its share of the limelight in recent elections.

“It seems there are challenges to state election laws every cycle, and Scott will be prepared to handle whatever comes our way, whether a candidate or citizen challenges a decision I make as chief elections officer, or whether we initiate action in order to maintain and improve accountability and transparency in election law,” Miller said.

Briefly, Griffin’s accomplishments include defending Nevada’s term limits law in a challenge by 21 candidates statewide, supervising the investigation into the ACORN voter registration fraud case that resulted in two convictions, record voter turnout in 2008 and a hotly-contested Senate race this past year.

Miller said that Gilles will be spending “a lot of time” advocating for the passage of the secretary’s election-related bills. Gilles will join the Secretary of State’s staff this Jan. 26.

Before taking this public job, Gilles had been a senior associate attorney for the Reno firm of Fahrendorf, Viloria, Oliphant & Oster L.L. P., since February of 2006. He also served as a law clerk for retired 1st Judicial District Court Judge Michael R. Griffin in Carson City.

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Deputy Secretary For Elections Leaving Post To Return To Private Practice

By Nevada News Bureau Staff | 4:03 pm December 16th, 2010

CARSON CITY – Deputy Secretary of State for Elections Matt Griffin is leaving his post next month to return to private law practice with the Capitol Company, Secretary of State Ross Miller said today.

Miller appointed Griffin as his elections deputy when he took office in January 2007.

“Matt has skillfully managed the elections division with great energy and enthusiasm for the last four years,” Miller said. “During his tenure as elections deputy, he oversaw what were probably the two most closely watched elections in the state’s history – the 2008 presidential election that generated record voter turnout and the hotly contested 2010 U.S. Senate race.

“His list of accomplishments is long” Miller said. “We will miss his wit and wisdom, and are grateful for his service to the state of Nevada in this very important capacity.”

Miller listed a number of accomplishments under Griffin’s leadership, including defending Nevada’s term limits law in a challenge by 21 candidates statewide, supervising the investigation into the ACORN voter registration fraud case that resulted in two convictions, and crafting legislation to create reporting requirements for legal defense funds following an inquiry into unreported funds by the governor.

“I’m honored to have been asked to serve as elections deputy,” Griffin said. “The secretary’s commitment to accessible and secure elections has placed Nevada among the nation’s best in election administration.”

Griffin will join his brother John and partner Russell Rowe with the Capitol Company, a government affairs firm with offices in Reno and Las Vegas.

Before joining the Secretary of State’s staff, Griffin was an associate with a private law firm and served as a Carson City prosecutor.

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Secretary Of State Wants Private Employers That Win State Contracts To Check Status Of Employees

By Nevada News Bureau Staff | 3:12 pm December 14th, 2010

CARSON CITY – Secretary of State Ross Miller today asked the state Board of Examiners to adopt a new rule requiring private employers who are awarded state contracts to use the federal E-Verify® program to ensure that only eligible workers are hired at their companies.

Miller asked that the board take up the issue at its next meeting in January.

Miller is also urging all employers in the state to voluntarily use E-Verify®, an electronic program that verifies the eligibility of their employees once they’re hired.

The program, authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, compares information from a new hire’s Form I-9 to other federal records to determine if the employee is eligible to work in the United States. Federal officials say the system is fast and accurate, matching data to millions of records kept by the Social Security Administration (SSA) and the U.S. Citizenship and Immigration Services (USCIS) and providing results within seconds.

“This is a quick and easy way for employers to gain some peace of mind, knowing that their new hires are in fact eligible to work in this country,” Miller said. “Not only is it the law, and therefore good business, but with so many Nevadans out of work, we must also make sure that the available jobs we do have are filled by qualified, eligible workers.”

E-Verify® is administered by the U.S. Department of Homeland Security, USCIS, and the SSA. About 1,400 Nevada employers are already signed up to use the system, which provides 24-hour secure access, instant results, interactive training to get set up, and full customer service. Nearly a quarter million employers are signed up nationwide, ranging from small mom-and-pop stores to multinational corporations.

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Assembly Democratic Caucus Cleared Of Allegations Of Campaign Reporting Violations

By Sean Whaley | 8:28 pm December 9th, 2010

CARSON CITY – The Nevada Secretary of State’s office today ruled in favor of the Assembly Democratic Caucus regarding a complaint about its failure to report the receipt of funds from its members.

The caucus did not report more than $120,000 received from Assembly Democrats on its campaign contribution and expenditure reports filed this year.

In a response to Dan Burdish of Las Vegas, who questioned the failure of the group to report the funds from its members, Deputy Secretary for Elections Matt Griffin said the payments are not campaign contributions as defined by Nevada law.

Instead, the funds sent by Assembly Democrats to the caucus are to cover dues and expenses.

Because the payments are not contributions, the acceptance of the funds by the caucus from its members are not subject to the law prohibiting campaign contributions before, during and after legislative sessions either, Griffin said.

The practice of the Assembly Democratic Caucus of not reporting the payments from its members, which Speaker John Oceguera said has been followed for more than a decade, is acceptable, Griffin said.

In a separate letter to Burdish sent earlier this month, Griffin also determined that Oceguera individually did not violate any campaign laws in reference to funds he gave to the caucus in excess of $10,000. State law limiting campaign contributions to $10,000 does not apply to the expenditures of a candidate, only contributions, he said.

Burdish said he is not satisfied with Griffin’s response and is seeking further clarification.

“I think they are trying to find a loophole,” he said. “The definition of a contribution is any payment, and a payment was made to the Assembly Caucus. So yes, I think the payments need to be disclosed.”

Burdish said it appears that Griffin’s letter just copied from the caucus response to his complaint.

“It does not appear that there was an independent investigation,” he said.

Oceguera, D-Las Vegas, said he is pleased with the decision.

“I felt strongly that we had complied with the law and reported correctly and we are pleased that the Secretary of State has concurred,” he said. “We are glad to have this issue resolved so that we can focus on the critical issues facing Nevada.

“While we believe in the right of citizens to legitimately question the actions of elected officials and candidates, it is disturbing that too often now this is done for political purposes simply to discredit individuals,” Oceguera said. “With so many serious issues facing our state, the public deserves and should expect better.”

The issue of payments by Assembly Democrats to the caucus arose just before the Nov. 2 election.

Reports filed by Assembly Democrats showed more than $120,000 paid to the caucus, but the caucus did not report the funds on its report.

Oceguera said at the time the caucus was not required to report the funds because they were reimbursements to the caucus for salaries of legislators’ staff and to pay the legislators’ dues in the caucus.

Griffin’s letter to Burdish upholds this interpretation.

Griffin said a legislative caucus is a support organization for its members, and as such has the ability to charge and collect from the members for the operating costs of the caucus for that service.

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Nevada Secretary Of State Says No Evidence Of Vote Fraud

By Sean Whaley | 11:06 am October 27th, 2010

RENO – Secretary of State Ross Miller said today there have been no complaints filed with his office about suspicious voter activity despite email rumors and media accounts that at least some electronic voting machines are pre-programmed to support U.S. Senate candidate Harry Reid, D-NV.

Miller, holding the first of two media briefings on the allegations, urged anyone seeing a violation of election or voting law to file a formal complaint with his office so it can be investigated.

“I know that tensions are running high this election and that emotions are running very strong, but I want to set the record straight,” he said. “This is the entire reason that we have formed the Election Integrity Task Force in 2008. I’m not going to stand for any fraud or intimidation at the polling place, but nor will I stand idly by and listen to rumors and innuendos undermine the integrity of our electoral process.”

Miller said several allegations have been raised as early voting is set to conclude ahead of Election Day on Nov. 2, none of which have been substantiated.

The most shocking allegation came Tuesday from Boulder City resident Joyce Ferrara, who complained to Fox news in Las Vegas that when she went to vote for GOP U.S. Senate candidate Sharron Angle, Reid’s name was already checked on the electronic voting machine.

Miller said he first heard of the allegation via a Google alert from Fox news, and subsequently on the Drudge Report. Miller said the voter did not contact his office but went directly to Fox5 News.

Miller said it is “technically impossible” for someone to pre-program software in Nevada’s voting machines because it is not a centralized process. The election is carried out by the 17 county election officials, he said.

While it possible for a voter to inadvertently select a candidate, it is not possible for the machine to automatically select a candidate, Miller said. The electronic voting machine has a verification screen at the end of the process so the voter can see who was selected. Only then is the vote cast, he said.

It is irresponsible and unfortunate that such claims are being made because it undermines the public’s confidence in the electoral process, Miller said.

Other claims in the run-up to Nevada’s election include that voters are being compensated to cast their ballots. The task force has not received any complaint of that occurring and neither has the FBI, Miller said.

The basis of these claims is rumor and innuendo, he said.

“We want the public to come forward,” Miller said. “If someone is compensating somebody by giving a Starbucks card in order to vote for Harry Reid, we want to know about it because that is a violation of state law and a violation of federal law.”

Voters can be given something of value to generally encourage them to vote under Nevada law, he said.

Miller said his office is investigating one formal 44-page complaint filed Tuesday by the Nevada Republican Party regarding differences in the number of votes cast on the machines and the paper voting logs. A secretary of state attorney outside the elections division is doing the investigation.

These differences occur every election cycle and are usually due to common elections procedures, he said. The numbers are always reconciled and all votes that are actually cast are counted, Miller said.

“That said, we’re taking these issues very seriously,” he said.

A final report of the investigation into the issue will be made available to the public.

Washoe County Registrar of Voters Dan Burk said voters have a role in the process as well. If they have a question or concern in the middle of the voting process they need to tell the poll workers right away.

“If they don’t let us know and they go ahead and cast their ballot, there is no way we can assist them,” he said.

Miller said election complaints can be filed on the secretary of state’s website main page in the lower left-hand corner by clicking on the Election Integrity Task Force Badge.

Audio clips:

Secretary of State Ross Miller says despite rumors and news reports, there is no evidence of vote fraud in the Nevada election:

101710Miller1 :28 our electoral process.”

Miller urges the public to come forward if they have evidence of attempts to buy votes:

102710Miller2 :12 of federal law.”

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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.”

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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.”

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