Timing may sink lawsuit aimed at Strip voting (NV caucus)

[ursi]

Source: Las Vegas Sun

Not all votes in a caucus are created equal, and Nevada’s Saturday contest is no different.

But that doesn’t mean a legal challenge to stop the party from holding special precinct meetings for Strip workers will succeed. The lawsuit seeking to block the Democratic Party from having caucus sites on the Strip faces significant legal obstacles, election law experts said Tuesday.

U.S. District Court Judge James C. Mahan is to rule on the lawsuit Thursday; his decision could reverberate throughout Nevada and the national political contest. A doctrine allows courts to throw out a challenge if the person bringing it has unduly delayed taking action, to the detriment of the opposing party.

Called the doctrine of laches, “it gives the court the power to say, even if a suit has merit, you’re bringing it up too late,” said Richard Hasen, a professor specializing in election law at Loyola Law School in Los Angeles.

Read more: http://www.lasvegassun.com/news/2008/jan/16/timing-may-sink-lawsuit-aimed-strip-voting/

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This story also:

Teachers union, Democrats fail to settle lawsuit over caucus sites

REVIEW-JOURNAL
Jan. 16, 2008

Attorneys representing the Nevada State Education Association reached out to the Democratic Party of Nevada on Tuesday in an attempt to reach a settlement in a lawsuit the union filed to block the party from operating at-large precinct locations, sources said.

The Democratic Party, which hired Las Vegas attorney Paul Larsen on Tuesday, rejected the proposal.

"Our attorneys were approached about a settlement," Kirsten Searer, party deputy executive director said Tuesday. "There has been no formal proposal and no meaningful consideration."

Attorney Mark Ferrario, who represents the teachers union, did not return phone messages left at his office Monday and Tuesday.

U.S. District Judge James Mahan is scheduled to hear arguments on the union's motion for a temporary restraining order during an emergency hearing at 9 a.m. Thursday.

Also Tuesday, the Democratic National Committee filed a motion to intervene in the case.

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