Thu. Oct 24th, 2024

The campaign manager for Judges Erika Mendoza and Tina Talim says campaign guidelines provided by Secretary of State Cisco Aguilar’s office indicated their campaign contributions were permitted. (Mendoza and Talim campaign photos; Aguilar photo by Jeniffer Solis/Nevada Current)

Clark County Judges Erika Mendoza and Tina Talim are in violation of Nevada campaign finance law, which limits contributions in a special election from an individual or entity to $5,000 per election, according to complaints filed with the Nevada Secretary of State’s Office.  

Nevada’s campaign finance law clearly states candidates may receive contributions of $5,000 for the primary election and $5,000 for the general election from the same individual or entity. But it makes no mention of special election limits, an ambiguity acknowledged by the Secretary of State’s Office.

Mendoza and Talim were appointed as judges earlier this year by Gov. Joe Lombardo and are now running to retain those seats

Mendoza, a candidate for Clark County District Court Dept. 27, received two contributions of $10,000 as of Sept. 30.

When asked about the contributions in excess of $5,000, Mendoza referred the Current to a Secretary of State campaign guide that advises candidates who don’t have a primary that they can accept $10,000. 

“Q: What if I don’t have a primary election? Can I still receive the maximum of $10,000? A: Yes,” says the guide, as well as the Secretary of State’s website. 

“For special elections that don’t have a primary/general election, the limit is $5,000 as that will be just one election,” Cecilia Heston, spokeswoman for Secretary of State Cisco Aguilar, said in a statement to the Current. 

When asked about the wording in the candidate guide, Heston said the question and answer in the candidate guide are “addressing candidates who were potentially expecting to have a primary, are raising funds for a primary, and then it turns out they don’t have the opponents for a primary, so they advance to the general. A special election would never have a primary.”

“I remain confident that my campaign is permitted to accept contributions of up to $10,000,” Mendoza said via email. 

As of Sept. 30, Talim, who was appointed by Lombardo in late June, reported 10 contributions in excess of $5,000, including $10,000 from Giuseppe Bravo, owner of Eight Cigar Lounge at Resorts World Las Vegas, and the former business partner of attorney David Chesnoff. 

Mendoza and Talim, both sitting judges, did not respond when asked to cite a law that allows candidates in a special election to exceed the $5,000 maximum contribution from an individual or entity. 

The Secretary of State’s campaign guide, says in bold print: “It is important to note that this guide is for general information only. It does not have the force and effect of Nevada law, regulation, or rule.” 

Ida Tajalli, a paralegal who filed the complaints against Talim and Mendoza, says both candidates should know the law. Tajalli was once married to Talim’s ex-husband. 

“That’s just a very easy cop-out answer for someone to refer you to a candidate guide,” Tajalli said during an interview. “The candidates should have no problem reciting the law to you. This is the kind of behavior that actually makes the public not have confidence in voting.”

Talim’s opponent, attorney Alan Lefebvre, notes acceptance of an excessive contribution is a Class E felony. Violating the law, he says “breaks the covenant between the candidate and the betrayed early voter” who is unaware of the breach. 

Two of five candidates vying in a special election for Las Vegas Justice Court for Dept. 4 also accepted contributions of more than $5,000. Holly Stoberski received one contribution of $10,000, and Suzan Baucum received one of $7,000. Both say they relied on the Secretary of State’s candidate guide.  

Stoberski said late Wednesday that her campaign is waiting to hear from the Secretary of State: “Once we have their official guidance, we will respond accordingly. Again, we want nothing short of full compliance.” 

‘Whole lotta law breaking goin’ on’

Campaign contribution reports from previous special elections are chock full of notable examples of unlawful contributions.  

In 2019, when Victoria Seaman, who is now running for mayor of Las Vegas, ran in a special election to fill the Las Vegas City Council seat vacated by Councilman Steve Seroka, she received four contributions exceeding $10,000 in the first reporting period following candidate filing. 

Seaman says she thought the special election was a general election, because it was on the general election ballot. Special elections are often held in conjunction with general elections. 

Tina Talim contributions exceeding $5,000  

Brandon McElroy                           $10,000

Peter Braglia                                  $10,000

Luke Wagman                                $10,000 

ResortStay International, LLC        $10,000

Maier Gutierrez                              $   7,500

Steve Dimopoulos Law Firm          $10,000

Martin Carver                                 $10,000

Francine Braglia                             $10,000

Claggett & Sykes Law Firm            $  7,500

Giuseppe Bravo                              $10,000

 

Erika Mendoza contributions exceeding $5,000

Steve Dimopolous Law Firm           $10,000

Claggett & Sykes Law Firm             $10,000 

 

Seaman also says she relied on the guidance and experience of longtime campaign consultant Tom Letizia, who is also working for Talim, Mendoza, and Stoberski. 

Letizia says he inquired about the limit on special campaign contributions in early July, “and was informed that, for the Special Election, candidates are permitted to receive donations of up to $10,000. They also directed me to the 2024 Campaign Guide for further details.”

The Secretary of State’s office declined to comment. 

Jim Seebock, who won the 2023 special election for Henderson City Council, received $10,000 from WTD Development LLC; Roberts Investment Company; Romeo Development LLC; and Western Elite. He also received $9,000 from the Home Builders Industry PAC.

Seebock’s opponent in that race, Aaron Johnson, received $7,500 from the Henderson Police Supervisors Association.

Since the race was a special election and there was no primary, candidates should not have been allowed to accept contributions over $5,000 from a single entity, according to the Secretary of State’s spokesperson.

Seebock on Wednesday provided the Current with a text sent to him in 2023 from Deputy Secretary of State Mark Wlaschin confirming the contribution limit in that year’s special election was $10,000.  

The Secretary of State’s office declined to comment on Wlaschin’s text.  

“I’ve been running campaigns for 25 years,” says consultant Lisa Mayo-DeRiso, who acknowledges numerous candidates she’s represented in special elections have exceeded $5,000. “When you’re calling a donor, you say, ‘Oh, we’d love you to max out in this race.’ Max out means $10,000 per LLC, corporation, or individual.”  

The Secretary of State’s office plans to present to the Legislature an omnibus campaign finance bill to overhaul NRS Chapter 294, the law governing campaign finance, because of its vagueness. 

Tajalli is hoping her complaint will not only spark compliance, but also enforcement from the Secretary of State “and how they oversee and have accountability,” she said, adding the office is “short-handed and in need of reform.” 

The current campaign finance system is adversarial and relies on staff to read reports and investigate complaints.   

“A lot of people are breaking the law,” says Mayo-DeRiso, who says the Secretary of State’s response to the complaints filed against the judges “will be telling as far as the agency’s ability and willingness to take action against violators.”   

 

By