Fasano Says Not Yet Decided on Appealing “Tea Party” Case
CARSON CITY — American Party candidate Tim Fasano today said he has not yet decided whether or not he will appeal the decision by District Judge James T. Russell to allow Tea Party of Nevada Senate candidate Scott Ashjian to stay on the ballot this November.
Fasano said he will be discussing the possibility of appealing today with his lawyer, Joel Hansen, and that he plans to announce whether he will appeal the decision via press release later today or tomorrow.
Russell’s ruling states that although Ashjian filed his documents for candidacy out of order, he filed them within a short time of one another, so the court “does not believe that [Ashjian] engaged in a knowing and willful attempt to avoid the election laws of the state of Nevada,� and therefore “substantially complied� with Nevada law.
Fasano said he believes this ruling goes against previous state Supreme Court rulings that interpreted the concept of substantial compliance differently, though he did not have the specific information about these cases on-hand.
“I think the judge was inconsistent with the prior ruling of the Supreme Court. I think there needs to be a little bit of clarity here,“ he said. “As far as how we will approach it, I’m not exactly sure. That’s going to be up to my lawyer.�
Fasano also expressed disappointment that the Republican Party did not join him in the lawsuit against Ashjian.
“They have more to lose with Ashjian being on the ballot than we do. It’s going to affect them worse than it’s going to affect me,� he said.
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