Timing may sink lawsuit aimed at Strip voting
By David McGrath Schwartz
Wed, Jan 16, 2008 (2 a.m.)
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.
It appeared that the plaintiffs, another legal expert said, “just waited too late in the day to entertain these types of issues.”
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