IAP candidate wins spot on Henderson constable ballot
September 7, 2002
Nicholas Hansen won a Nevada Supreme Court order Friday putting his name back on the ballot for the office of Henderson constable.
Hansen, 20, filed for the office but was removed after incumbent constable Earl Mitchell and Henderson officials challenged him saying a constable must be a peace officer and, to do so, must be at least 21 years old.
Hanson won’t be 21 until February — a month after he would take office if he wins.
A Clark County District judge agreed and ordered his name taken off the ballot.
The high court ruling Friday comes just in time for his name to be included when Clark County officials order the November general election ballots.
Hansen’s lawyer Greg Hansen — his cousin — convinced the high court that an elected constable only has to be 21 by the date he or she takes office and, under state law, has a full year after that to qualify for peace officer status.
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The candidate’s age, however, became a moot point when the Supreme Court judges handed down their opinion regarding the matter.
The opinion signed by all seven members of the court goes one step farther, stating that the law, “automatically confers upon constables peace officer status by virtue of being elected, without any additional requirements or qualifications for fulfilling that duty.”
The opinion says that, although the training would be beneficial in carrying out the duties of a constable, Hansen doesn’t have to go through peace officer training to become certified because “the Legislature has chosen not to impose any qualifications for those seeking election to the position of constable other than the constitutional requirement of being a qualified elector.”