Recall petition against mayor not returned

A recall petition taken out on April 19 against Carson City Mayor Marv Teixeira wasn't returned in time to the Elections Office, and those responsible might face misdemeanor charges.

Resident Rheba Montrose was the primary filer seeking recall of Teixeira because he was arrested for drunken driving in March. He later pleaded guilty to the misdemeanor charge.

Montrose had 90 days to collect more than 5,529 signatures, or 25 percent of the total number of voters, who participated in the November 2004 mayor's race. Attaining that goal is required for a recall election to have been organized.

The deadline to return the petition was Wednesday " regardless of the number of signatures obtained. It hadn't been brought back to the city as of Friday afternoon, according to the Elections Office.

"We haven't had this happen before, so it's new ground for us," said Clerk-Recorder Alan Glover.

The city has informed the Secretary of State's office about the situation because the procedure is governed by state code, he said.

A spokesman for the state Elections Division said local officials likely would be allowed to decide whether to prosecute this case.

Because not returning the paperwork is considered a misdemeanor, those involved could end up paying a fine of up to $1,000 or face up to six months in county jail, said Matthew Griffin, Nevada's deputy for elections.

"The rules exist to ensure against frivolous recall efforts," Griffin said.

Glover hadn't contacted District Attorney Neil Rombardo to discuss the matter but planned to this week, he said.

Montrose didn't return telephone calls made to her home last week. In May, she said the effort was over because she couldn't find enough residents to help her get the large number of signatures needed on the recall petition.

The other two people who signed for the petition papers, Melwyn and Sandra Daugherty, couldn't be reached at the telephone number provided to the city. The number has been disconnected.

Rules stipulate that no one else can try to recall the mayor because of his drunken-driving incident. Someone could attempt a recall effort for a different reason, however, Glover said.

A special recall election could cost the city $30,000 to $40,000.

Carson City's next election for mayor is the primary contest on August 12, 2008. The General Election is Nov. 4, 2008.

Because the election is only about a year away, another effort against the mayor "is unlikely," Glover added.

- Contact reporter Terri Harber at tharber @nevadaappeal.com or 882-2111, ext. 215.