The eligibility of then-candidate Andrew Martin was a huge issue in the 2012 State Assembly race in District 9: Andrew Martin 1) was declared by a judge to be ineligible for that election, but 2) too late to be removed from the ballot, 3) went on to gain the most votes in the election, and 4) was seated by the Democratic majority of the Assembly, which 5) ignored the judge’s decision. Andrew went on to serve in the Assembly and is running in the midterm 2014 election for State Comptroller, a position which has no residency complications, since it is statewide. But the facts remain: a judge ruled he was ineligible as a candidate, he appeared on the ballot anyway, and he won because the ruling came too late to inform voters.
Nevada Revised Statute NRS 293.1755 is clear:
Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy; exception.
1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which the person seeks, the person has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which
the office pertains and, if elected, over which he or she will have jurisdiction or will represent.
2. Any person who knowingly and willfully files an acceptance of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. The provisions of this section do not apply to candidates for the office of district attorney.
(Added to NRS by 1975, 617; A 1983, 1103; 1989, 2161; 1997, 3447; 1999, 2151; 2001, 673)
How can a government, which has no respect for Separation of Powers—in this case, between the Judiciary and the Legislative (Assembly) branches—consider itself legitimate? The Democrat-ruled Assembly never acknowledged the conflict and its disobedience of that guiding principle; it ignored the government rules (laws) and allowed its conduct to stray far from the principles intended by the Founding Fathers and our founding documents. In the case of Andrew Martin, the decision to seat a person ruled ineligible to run was based on the crudest of political manipulations: the Democrats had the majority vote.
Now history has repeated itself—in even more sinister ways: Victoria Seaman, Republican candidate in Assembly District 34, filed a case in which she presented evidence that her Democratic opponent does not live in the District as required. Somehow this case ended up in Courtroom #27, wherein sits Judge Nancy Allf. Nancy Allf has two strikes against her: First, she is known to lean Democrat, and second, she can’t avoid being a political lightning-rod because of the behavior of her husband, David Thomas.
Mr. Thomas not only manages the campaigns of at least eight candidates (at a reputed $2500 per month each), but has acknowledged stationing himself at election headquarters and paying tens of thousands of
dollars to candidates for dropping out or switching races involving his clients. Interested readers can read Jane Anne Morrison’s Review-Journal column in April of this year, http://www.reviewjournal.com/
His tactics, combined with the far more subtle measures available to his wife, Judge Allf, could be used to create a very intimidating and corrupt atmosphere in our judicial system, which already has enough questions swirling about it. Why did Judge Allf decide not to rule immediately on the question of residential eligibility of Ms. Seaman’s opponent? Why is she waiting when no further evidence will be presented? Why is she setting up a repeat of the Andrew Martin situation in which the candidate is ineligible, but still seated by the Democratic-controlled Assembly in the case that she gets more votes than Seaman? Judge Allf has decided to delay ruling on the case until just two days before the opening of early voting! By then it will be too late to remove the lawbreaker and perjurer from the ballot or properly notify the public if she is declared ineligible so that the race will be decided by partisan politics over State Law and Judicial decision-making. That is no way to run a government!
There is a 2012 example of Judge Allf’s partisan leanings, which is now bleeding into the election for Senate District 8. The Stonewall Democratic Club of Southern Nevada (SDC)—ironically, named for the gay bar where the 1969 revolt against government corruption and violation of human and civil rights in New York took place, but, which now promotes government corruption and violations of human rights in Las Vegas—vigorously supported Judge Allf in her 2010 election.
In 2012, as a direct result of her strong ties to SDC, Judge Allf declined to rule against AFAN (Aid for AIDS in Nevada) and its previous Board President, Patricia Saavedra, for filing a 2010 SLAPP lawsuit (Strategic Lawsuit Against Public Participation) against its most effective critic. That decision is playing out today with irony in the 2014 campaign of Republican Patricia Farley for Senate District 8 as follows:
—Patricia Saavedra and Patricia Farley is one and the same person
—Because of her sordid background, which included employee theft, denial of services to AIDS patients rumored to criticize her or AFAN, criminal release of medical information on the Internet and a Federal Investigation of AFAN, Ms. Saavedra wants to confuse voters by using her other last name, Farley, in this election.
—The same Stonewall members, Derek Washington (its past President) and Chris Miller (current Clark County Democratic Chair), who bravely exposed Saavedra/Farley’s corruption in November, 2010 on their radio program, “The Sausage Factory, https://www.youtube.com/watch?
vengeance, which has nothing to do with health, service to AIDS clients, truth, or integrity.
—Both Saavedra/Farley and Derek Washington quit or were fired
—The waste and questionable behavior of AFAN continues unabated today: board meetings are unannounced, board minutes are unavailable, its 990 IRS filings are incomplete, its administrative costs are as high as 90% in some programs and two different auditors of AFAN actually reported “Material Defects” in 2012 and 2013 audits.
—Fear and lack of services, perpetuated by Saavedra/Farley, continue at AFAN
—Yet the organization continues to receive $2 million per year in taxpayer grants.
—And Judge Allf, with a chance in 2012 to put a stop to AFAN’s festering, chose to punt on behalf of her Stonewall supporters.
—And now, in the 2014 election, she works to prevent an ineligible candidate (Democrat) from being removed from the ballot.
Judge Allf has no opponent. It seems she is immune from an opponent so long as her husband continues to threaten the integrity of the entire judicial system. Together they will be able to impose any regime they want, and AFAN continues its incompetent dominance of AIDS services in Las Vegas. The only light in this tunnel is that being shined on Saavedra/Farley by her previous partners in crime.
Hijinks in her courtroom and the corruption that will result if her husband succeeds in getting his candidates elected not only represent a disaster for all of us in Clark County who supported true justice, but they will have a negative impact on future tourism. As it happens, right now a number of cities in the US are vying to become the headquarters for resolution of international disputes—a fabulously rich future market for courts, attorneys and tourism employees. Las Vegas is THE most international city in the United States yet does not even have its name in the competition, which is now being battled out among Miami, New Orleans, Atlanta, Los Angeles, San Francisco,
Houston, Dallas and Chicago as well as Washington, D. C. http://
Branching into this area of tourism would be more than a perfect fit with the global aspirations envisioned by the Las Vegas Convention and Visitor Authority.
A takeover of the judicial system by a cabal of dubious persons headed by the Allf/Thomas household can prevent Las Vegas from even entering this potential billion dollar competition before it even opens. Las Vegas could be the shining example of impartial and blind justice to the world, if it were not for some judges intentionally ignoring the
principles intended by the Founding Fathers.