Chattah v. Cegavske

Summary

The Supreme Court of Nevada affirmed the denial of a preliminary injunction seeking to remove a Libertarian candidate for Attorney General from the general-election ballot. The court held that the challenge was untimely under Nevada election statutes, limiting the available remedy to polling-place signage, and concluded that the district court did not abuse its discretion in finding insufficient likelihood of success, irreparable harm, or supporting hardship and public-interest factors.

Holdings

1. The district court acted within its discretion in denying Chattah's motion for a preliminary injunction and application for a temporary restraining order.
2. When an elector challenges a candidate's qualifications after the statutory deadline for changing the general-election ballot, the elector's remedy is limited to the statutory signage remedy; the court may not require removal of the candidate's name or an extra-statutory mail-ballot insert based on the circumstances presented.
3. The Secretary of State was not required to independently verify every candidate's qualifications before accepting a declaration of candidacy.

Questions Presented

1. Whether the district court abused its discretion by denying preliminary injunctive relief seeking removal of Kennedy's name from the general-election ballot or an insert in mail ballots.
2. Whether Nevada's election statutes permitted the requested remedies after the statutory deadline for finalizing the general-election ballot had passed.
3. Whether the Secretary of State had an independent duty to verify every candidate's qualifications before accepting a declaration of candidacy.
4. Whether the alleged harm, relative hardships, and public interest supported preliminary injunctive relief.

Disposition

affirmed