Hoferer, James Among Local Winners of Tuesday's Primaries
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United States Court of Appeals for the Ninth Circuit
Case: 12-16882 07/10/2013 ID: 8697115 DktEntry: 43-1 Page: 1 of 17 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WENDY TOWNLEY; AMY No. 12-16881 WHITLOCK; ASHLEY GUNSON; HEATHER THOMAS; D.C. No. DAX WOOD; CASJA LINFORD; 3:12-cv-00310- WESLEY TOWNLEY; JENNY RCJ-WGC RIEDL; TODD DOUGAN; BRUCE WOODBURY; JAMES W. DEGRAFFENREID; REPUBLICAN PARTY OF NEVADA, Plaintiffs-Appellees, v. ROSS MILLER, Secretary of State of Nevada, Defendant-Appellant, and KINGSLEY EDWARDS, Intervenor-Defendant. Case: 12-16882 07/10/2013 ID: 8697115 DktEntry: 43-1 Page: 2 of 17 2 TOWNLEY V. MILLER WENDY TOWNLEY; AMY No. 12-16882 WHITLOCK; ASHLEY GUNSON; HEATHER THOMAS; D.C. No. DAX WOOD; CASJA LINFORD; 3:12-cv-00310- WESLEY TOWNLEY; JENNY RCJ-WGC RIEDL; TODD DOUGAN; BRUCE WOODBURY; JAMES W. DEGRAFFENREID; OPINION REPUBLICAN PARTY OF NEVADA, Plaintiffs-Appellees, v. ROSS MILLER, Secretary of State of Nevada, Defendant, and KINGSLEY EDWARDS, Intervenor-Defendant- Appellant. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief District Judge, Presiding Argued and Submitted March 11, 2013—San Francisco, California Filed July 10, 2013 Case: 12-16882 07/10/2013 ID: 8697115 DktEntry: 43-1 Page: 3 of 17 TOWNLEY V. MILLER 3 Before: John T. Noonan, Jr., Raymond C. Fisher and Jacqueline H. Nguyen, Circuit Judges. Opinion by Judge Fisher SUMMARY* Civil Rights The panel vacated the district court’s preliminary injunction and remanded with instructions to dismiss for lack of standing an action challenging Nevada election law, Nev. Rev. Stat. § 293.269, which allows voters the ability to register their disapproval of all the named candidates running for a particular office in statewide and presidential elections by voting for “None of these candidates,” commonly referred to as NOTC. -
Townley V. Miller
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WENDY TOWNLEY; AMY No. 12-16881 WHITLOCK; ASHLEY GUNSON; HEATHER THOMAS; D.C. No. DAX WOOD; CASJA LINFORD; 3:12-cv-00310- WESLEY TOWNLEY; JENNY RCJ-WGC RIEDL; TODD DOUGAN; BRUCE WOODBURY; JAMES W. DEGRAFFENREID; REPUBLICAN PARTY OF NEVADA, Plaintiffs-Appellees, v. ROSS MILLER, Secretary of State of Nevada, Defendant-Appellant, and KINGSLEY EDWARDS, Intervenor-Defendant. 2 TOWNLEY V. MILLER WENDY TOWNLEY; AMY No. 12-16882 WHITLOCK; ASHLEY GUNSON; HEATHER THOMAS; D.C. No. DAX WOOD; CASJA LINFORD; 3:12-cv-00310- WESLEY TOWNLEY; JENNY RCJ-WGC RIEDL; TODD DOUGAN; BRUCE WOODBURY; JAMES W. DEGRAFFENREID; OPINION REPUBLICAN PARTY OF NEVADA, Plaintiffs-Appellees, v. ROSS MILLER, Secretary of State of Nevada, Defendant, and KINGSLEY EDWARDS, Intervenor-Defendant- Appellant. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief District Judge, Presiding Argued and Submitted March 11, 2013—San Francisco, California Filed July 10, 2013 TOWNLEY V. MILLER 3 Before: John T. Noonan, Jr., Raymond C. Fisher and Jacqueline H. Nguyen, Circuit Judges. Opinion by Judge Fisher SUMMARY* Civil Rights The panel vacated the district court’s preliminary injunction and remanded with instructions to dismiss for lack of standing an action challenging Nevada election law, Nev. Rev. Stat. § 293.269, which allows voters the ability to register their disapproval of all the named candidates running for a particular office in statewide and presidential elections by voting for “None of these candidates,” commonly referred to as NOTC. Pursuant to the law, the Secretary of State must count and report to the public the number of NOTC ballots cast for each office, but they cannot be counted in determining the winner among the named candidates in those races. -
Political History of Nevada
Political History of Nevada Chapter 9 Election Results 449 CHAPTER 9: ELECTION RESULTS State Elections Election Results Over the course of Nevada’s history, the State has remained fairly balanced in its political leanings. In 39 presidential campaigns, the Republican candidate won the State 21 times, the Democrat nominee 17 times, and the Populist Party contender once. In 31 of those presidential races, Nevada backed the eventual winner. Of 25 U.S. Senators to serve Nevada in Washington, D.C., 12 have been Democrats and 13 Republicans, with 2 of those Republican Senators also being elected as a member of the Silver Party as well. Nevada has been represented by 38 Congressmen or Congresswomen, 20 Republicans, 18 Democrats, 3 of which may have run as a member of the Silver-Democrat Party. Th irty men have held the position of Governor in Nevada: 14 Republicans, 11 Democrats, and 2 each from the Silver and Silver-Democrat parties (NOTE: James W. Nye served as acting Governor of Nevada without party affi liation before the State’s fi rst election in 1864). Primary Elections in Nevada Th e ‘‘direct primary system,’’ as adopted by the Legislature of 1909 (Chapter 294, Nevada Revised Statutes), is a method of selecting party candidates by direct action of the voters. Th e system does not aff ect independent candidates who, as always, may enter the elections by petition. Primary elections are held on the fi rst Tuesday in September prior to the general elections. Th e returns on all State primaries to date are listed before the results of general elections. -
No. 12-16881, 12-16882 ______IN the UNITED STATES COURT of APPEALS for the NINTH CIRCUIT ______WENDY TOWNLEY, Et Al., Plaintiffs/Appellees
Case: 12-16881 08/31/2012 ID: 8308035 DktEntry: 12 Page: 1 of 61 No. 12-16881, 12-16882 ___________ IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ____________________________________________________ WENDY TOWNLEY, et al., Plaintiffs/Appellees, v. ROSS MILLER, Secretary of State of Nevada, Defendant/Appellant. and KINGSLEY EDWARDS, Intervenor/Defendant/Appellant ______________________________________________________ On Appeal from the United States District Court for the District of Nevada Robert C. Jones, District Judge Case No. 3:12-cv-00310-RCJ-WGC ______________________________________________________ APPELLEES/PLAINTIFFS’ OPPOSITION TO APPELLANT/DEFENDANT ROSS MILLER’S AND APPELLANT EDWARDS’ EMERGENCY MOTION FOR STAY OF ORDER GRANTING PRELIMINARY INJUNCTION ______________________________________________________ P. SWEN PRIOR, ESQ. Nevada Bar No. 9321 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Facsimile: (702) 784-5252 Email: [email protected] Attorneys for Appellees/Plaintiffs i Case: 12-16881 08/31/2012 ID: 8308035 DktEntry: 12 Page: 2 of 61 TABLE OF CONTENTS INTRODUCTION ................................................................................ 1 STATUTORY BACKGROUND ......................................................... 10 ARGUMENT ...................................................................................... 12 I. A STAY IS NOT NECESSARY TO PROTECT THE DEFENDANTS FROM IRREPARABLE INJURY ................. 13 II. THE BALANCE OF EQUITIES -
Brian Edward Sandoval – Republican (Elected)
Brian Edward Sandoval – Republican (Elected) 30th Nevada Attorney General Term: January 6, 2003–November 2, 2005 Biography Brian Sandoval, the son of Ron Sandoval (an FAA maintenance supervisor) and Gloria Gallegos (a legal secretary), was born in Redding, California, on August 5, 1963. A long- time resident of Reno, Sandoval graduated from Bishop Manogue High School in 1981 and from the University of Nevada at Reno in 1986 with a Bachelor of Arts degree in English and Economics. In 1984, Sandoval served on the Congressional staff of Senator Paul Laxalt and served as an extern to the Ohio Supreme Court in 1989. In 1989, Sandoval earned his Juris Doctorate from The Ohio State University Moritz College of Law and passed the bar exam in Nevada, California and the District of Columbia. Sandoval’s exposure to the legal world came from his mother . There were no lawyers in our family. When I was young, my mom was a legal secretary and worked for U.S. Attorney Larry Semenza and a magistrate judge. That was my first exposure to the law," he says. "I would sit at the courthouse and wait for her to get off work. At 13, I worked at the cafeteria at the old federal courthouse in Reno. As I grew older, I became very interested in government and law. It was something I grew to be very passionate about. I had a dream that I never gave up on. I hope other Hispanics and young people will see if they work hard and stay in school they can achieve it as well."1 In 1989, Sandoval worked at the law firm of McDonald, Carson, Wilson, and from 1991- 1993, at Robison, Belaustegui, Robb and Sharp. -
Political History of Nevada: Chapter 4
Political History of Nevada Chapter 4 Campaigning, Voter Registration, and Casting Ballots in Nevada 163 CHAPTER 4: CAMPAIGNING, VOTER REGISTRATION, AND CASTING BALLOTS IN NEVADA Political Parties and Voter Registration By STEVE GEORGE Former Public Information Offi cer, Secretary of State’s Offi ce Updated by WAYNE THORLEY Deputy Secretary of State for Elections, Secretary of State’s Offi ce Nevada has seen many political parties come and go over its 152-year history and was one of the primary forces behind the creation of one national political party. In total, 22 political parties have placed candidates on the ballot in Nevada, with only 4—Democratic, Independent American, Libertarian, and Republican—still having ballot access during the 2016 General Election (NOTE: voters still have the option of registering as nonpartisan). Th e procedure for qualifying as a major political party in Nevada is found in Nevada Revised Statutes (NRS) 293.128, while NRS 293.171 and 293.1715 describe how a minor political party can be organized and gain ballot access. During the early years of statehood, Nevada political offi ces were dominated by Campaigns/Voters Republicans, perhaps as a thank you to the eff orts of the nation’s fi rst Republican president, Abraham Lincoln, who used his considerable infl uence to help secure statehood for Nevada in 1864. Th e State’s fi rst two general elections in 1864 and 1866 saw the “Grand Old Party” capture all federal, State, and judicial offi ces. Th e Union Party dominated the fi rst four sessions of the Legislature. Th e Union Party was actually the Republican Party, which at its national convention in 1864, changed its name to the National Union Party in an attempt to lure War Democrats.