Democrat, former Athletic Commissioner Aguilar jumps in race for secretary of state

Sign in front of the Nevada State Capitol building

Attorney and former state Athletic Commissioner Cisco Aguilar is launching a campaign for secretary of state, the latest candidate to hop in the race to replace term-limited incumbent Barbara Cegavske.

Aguilar, a Democrat, rolled out his campaign on Tuesday touting endorsements from a host of high-profile Democrats and education advocates, including former Secretary of State Ross Miller, Lt. Gov. Kate Marshall, philanthropist Beverly Rogers and tennis legend Andre Agassi. (Aguilar previously worked as general counsel for Agassi’s management company, Agassi Graf.)

In a statement, Aguilar said he wanted to run for the seat to “defend every eligible American’s right to vote,” remove barriers to voter participation and to make elections as transparent as possible to “maintain the public trust.”

“We have an opportunity to become more efficient as a government, reduce bureaucracy, and enhance access to services that are too often out of reach for many Nevadans,” Aguilar said in a statement. “Our recovery as a state is dependent on empowering our small businesses, reaching out to some of the hardest hit communities, and restoring Nevadans’ faith in government.”

Aguilar spent eight years as a member of the state’s Athletic Commission, which oversees and licenses boxing and other unarmed combat. He also is the founding chairman of Cristo Rey St. Viator, a college preparatory high school.

Two Republicans have also announced intentions to run for the statewide office. Sparks City Councilman Kris Dahir announced a bid for the office in February, and former Assemblyman Jim Marchant has also announced plans to run for the seat.

Cegavske, a Republican, won re-election to the office in 2018 over former Democratic Assemblyman Nelson Araujo by a narrow margin, fewer than 6,500 votes out of nearly a million cast. Cegavske was the only Republican candidate to win statewide in the 2018 midterms, but has drawn criticism from many in her own party (including an official censure) for her assertion that no large-scale fraud occurred in the state’s contentious 2020 election.

The office of secretary of state is likely best known for its role in managing and overseeing state elections, but the office is also granted authority over commercial recordings, notaries public and the securities division in the state.

Nevada Republicans vote to censure SOS Cegavske over voter fraud allegations

The Nevada Republican Party Central Committee has voted to censure the state’s GOP secretary of state, Barbara Cegavske, over claims that her office failed to do its job and “put the reliability of our elections in Nevada in question.”

Members of the central committee voted to approve the censure on a 126-112 vote on Saturday during the party’s spring meeting in Carson City, sources told The Nevada Independent. The censure, which was amended before a vote, originally banned Cegavske from party endorsements or resources for “the intense dishonor her failures brought upon the Nevada Republican Party.”

A cover letter obtained by The Nevada Independent reiterates that the state party brought forward four boxes of evidence purporting to show tens of thousands of alleged examples of voter fraud that allegedly occurred in the 2020 election. The letter states that the state party saw a “surge in communications with sometimes vulgar messages” by individual Republicans saying they had left the party “claiming we did nothing to ensure voter integrity.”

“The irresponsible messaging of the Nevada Secretary of State, claiming, without investigating, that this election was error free, causing these attacks on our Nevada Republican Party,” the cover letter states.

Cegavske, in a statement Sunday morning, pushed back against the premise of the censure:

"Regrettably, members of my own political party have decided to censure me simply because they are disappointed with the outcome of the 2020 election," she said. "My job is to carry out the duties of my office as enacted by the Nevada Legislature, not carry water for the state GOP or put my thumb on the scale of democracy. Unfortunately, members of my own party continue to believe the 2020 general election was wrought with fraud - and that somehow I had a part in it - despite a complete lack of evidence to support that belief. Regardless of the censure vote today by the Nevada Republican Party Central Committee, I will continue in my efforts to oversee secure elections in Nevada and to restore confidence in our elections, confidence which has been destroyed by those falsely claiming the 2020 general election produced widespread fraud."

The censure repeats various claims of voter fraud in Nevada made by the Trump campaign and state Republican Party, many of which originated from election challenges that lost in state court last year. Reasons for the censure are listed as a “failure to investigate election fraud, her dismissive public statements regarding election integrity concerns and her failure to ensure compliance with Nevada and federal election law.”

The censure resolution originally cited a section of state law that deals with the removal of state and local party committee members, not rank-and-file registered party members. But central committee members voted to remove that section referring to removing Cegavske from the party from the resolution prior to the vote.

Cegavske’s office has publicly stated that the state has received no evidence of “wide-spread” fraud in the 2020 election. Her office also publicly responded to the state party’s drop off of alleged evidence, disputing the number of total Election Integrity Reports filed and promising that staff will “conduct a detailed examination of these reports.”

Cegavske, who previously served in the Assembly and state Senate, was the only Republican to win a statewide race in the 2018 midterm elections, narrowly beating Democratic candidate Nelson Araujo.

Bipartisan statements of support for Cegavske began to pour in after the vote and on Sunday morning, including from Gov. Steve Sisolak, Attorney General Aaron Ford, Treasurer Zach Conine, Rep. Steven Horsford, state Sens. Heidi Gansert and Marilyn Dondero Loop and Assemblywoman Jill Tolles. During the meeting, sources said, Republican National Committeewoman Michele Fiore, who had said after the election that Donald Trump won, came to Cegavske's defense. State GOP Chairman Michael McDonald left the dais during the debate and did not speak.

"During its meeting this weekend, the Nevada Republican Party had a healthy debate regarding November’s election and the role of our Secretary of State," state GOP Executive Director Jessica Hanson said in a statement. "While the vote to censure Secretary Cegavske passed narrowly, what unites all Nevada Republicans is their commitment to ensure the Silver State has the safest and fairest elections in the country and the Nevada Republican Party will work day and night to turn this state into the model for election integrity. The Nevada Republican Party holds our elected officials to a high standard. As such, today the party sent a clear message that our officials must work for the people and we demand that our representatives at all levels of government uphold their Oath of Office."

This story was updated at 8:45 AM on 4/11/21 with a statement from the secretary of state and also at 10:20 AM with a summary of statements of support for Barbara Cegavske and removal of the words "and dissociate" from the opening paragraph to reflect the amended censure resolution that ultimately passed.

Here is the cover letter and the original resolution prepared for passage:

And here is the resolution that finally passed:

Secretary of state: No voter info sent to Pakistani government; state election system has not been hacked

Nevada Secretary of State Barbara Cegavske’s office says there is no truth to the accusations that the state election system forwarded private voter information to a Pakistani-based intelligence company.

In an election-themed “Facts vs. Myths” document updated on Tuesday, the secretary of state’s office pushed back on claims from the Texas-based organization True the Vote that the office had responded to a request for the state’s publicly available voter list in an email that carbon copied the CEO of a Pakistani-owned intelligence company. True the Vote is a conservative nonprofit group focused on identifying voter fraud.

Earlier in December, True the Vote had sent a letter to the federal Department of Justice regarding the email and carbon copied address, saying it “appears to be evidence of a breach within the Nevada Secretary of State’s email system.”

But in its updated “Facts vs. Myths” document, the secretary of state’s office wrote that an individual from True the Vote had manually added the foreign email address to the carbon copy line of the email request process for any bulk data downloads from the office. 

“The automated program then sent the information as requested,” the office wrote. “The SOS IT staff has confirmed there have been no hacks or other reasons this could have occurred. This incident has been referred to appropriate law enforcement.”

The office also stated that it does not provide any voter privately identifiable information such as partial social security numbers, driver’s license numbers or email addresses — only information that is already a matter of public record. Cegavske, a Republican, faced similar allegations during her 2018 race against Democrat Nelson Araujo for allegedly providing private voter information to a Trump administration election integrity commission.

Catherine Engelbrecht, True the Vote’s founder, said in a message that no one at the organization had manually added the foreign email address in their email request to the secretary of state’s office.

“We welcome the opportunity to talk with anyone at NV SOS and encourage them to look at the IP address from whence the request(s) originated,” she said in a message. “It was not from us. And that is why we reported it.”

Earlier this month, Cegavske’s office published the initial “Facts vs. Myths” document as an indirect push back against claims of widespread voter fraud in the state’s 2020 election made by President Donald Trump and his campaign. Cegavske’s office wrote that it was pursuing several “isolated” cases of voter fraud but that there was no evidence of wide-spread fraud that would affect Trump’s 33,596-vote loss in the state. 

Additionally, the secretary of state’s office said it has not detected any hack of its internal systems by “any of our many passive and active cybersecurity sensors.”

The Indy Explains: Question 2, removing same-sex marriage ban from Nevada’s constitution

Formal name: Marriage Regardless of Gender Amendment

Type of measure: Legislative resolution to amend the Nevada Constitution

Summary of what it does: If approved, this ballot question would overturn an (unenforced and deemed unconstitutional) section of the Nevada Constitution holding that “only a marriage between a male and female person shall be recognized and given effect in this state.”

It would replace that language with a provision that the state and all political subdivisions shall recognize marriage and issue marriage licenses regardless of gender. Religious organizations and members of clergy would be granted the right to refuse to participate in such marriage ceremonies without creating any right of claim against the organization or member of the clergy.

Nevada voters initially approved the ban on same-sex marriage through a voter-driven initiative petition; it passed in the 2000 and 2002 election cycles. Voters in the 2002 election supported the measure on a 67 to 33 percent split.

In 2014, the Ninth Circuit Court struck down Nevada’s same-sex marriage ban, saying it violated the Equal Protection Clause of the U.S. Constitution. That decision effectively enjoined the marriage ban in the state Constitution, allowing county clerks in October 2014 to begin issuing marriage licenses to same-sex couples.

Nationally, all state-based same-sex marriage bans were overturned in 2015 following the U.S. Supreme Court’s 5-4 decision in Obergefell v. Hodges. That decision, authored by former Justice Anthony Kennedy, overruled same-sex marriage bans in 30 states and found that the right to marry (regardless of gender) is protected under the Constitution’s due process clause.

Nevada lawmakers in 2017 approved AB229, which updated state law to recognize and authorize the issuing of marriage licenses regardless of gender. 

Passing Question 2 in 2020 would not change any marriage practices in Nevada, but would remove the unenforceable and struck-down language regarding marriage from the state’s Constitution.

What have other states done? Of the 30 states that had passed or implemented a same-sex marriage ban prior to the high court’s Obergefell decision, Nevada is the first to bring forth a ballot question reversing its previously enacted same-sex marriage ban.

Arguments for passing Question 2: Supporters of the ballot question (in a digest published by the secretary of state’s office) say approval would take “discriminatory language” out of Nevada’s constitution and ensure “marriage equality for all Nevadans.”

They also say the religious exemption preserves the “constitutional right to religious freedom,” and won’t force individual clergy to perform a marriage. They further argue that domestic partnerships, which were previously allowed under Nevada law, are not equal either legally or for tax purposes to a marriage. 

Arguments against passing Question 2: Opponents (in a digest published by the secretary of state’s office) say the measure is unnecessary and that domestic partnerships are “a viable option for same-sex couples in Nevada.”

They also state that same-sex marriage “raises serious questions” about the right to religious freedom in Nevada, and that voters are being asked two decades later to approve a change on an issue that voters already decided twice at the ballot box.

How Question 2 qualified for the ballot: This question comes to voters after being approved during the last two sessions of the Legislature.

The initial version of the constitutional amendment (AJR2) was introduced in the 2017 Legislature and sponsored by former Assemblyman Nelson Araujo and state Sen. David Parks. It passed on a party-line 27-14 vote in the Assembly, but on a 19-2 vote in the state Senate after it was amended to include language on religious exemption. 

AJR2 returned to the 2019 Legislature, where it passed on a 37-2 vote in the Assembly and on a 19-2 vote in the Senate, sending the proposed constitutional change to the 2020 ballot.

Primary funders: No political action committees supporting or opposing the ballot question have been formed. 

A coalition of progress groups, including the ACLU of Nevada, Battle Born Progress, Human Rights Campaign, Make the Road Nevada, Progressive Leadership Alliance of Nevada, Planned Parenthood Advocates and Silver State Equality formed a “Yes on Question 2” coalition in early September.

Financial impact: There is no anticipated financial impact expected if Question 2 passes, given that same-sex marriage is already recognized in Nevada.

Status: If approved by a majority of voters, the language in Question 2 will become part of Nevada’s Constitution on Nov. 24, 2020.

Follow the Money: Years after leaving office, Reid and other former politicians continue campaign spending with little oversight

Harry Reid in a blue sport coat with red tie

In the three years since leaving office, Harry Reid has kept a low profile.

Rather than become a cable news talking head or lobbyist, the former Democratic Senate Majority Leader has given the occasional interview, dealt with health problems and held a few events at UNLV discussing anti-Semitism, leadership and the changing role of “Islam in America.”

Reid is far from out of the game, though. His former staff has fanned out to help run top 2020 presidential campaigns, and candidates still make regular calls or visits to the early caucus state’s “kingmaker.” 

But Nevada’s most powerful senator in modern history is still making his influence count in another way — continual use of his federal campaign accounts.

In the years since Reid left the U.S. Senate, his campaign account and leadership political action committee — Friends For Harry Reid and Searchlight Leadership Fund — have regularly continued to file disclosure reports that show a steady stream of campaign expenses, charitable donations and political contributions.

Add it all up and Reid’s two campaign accounts have spent a sizable $564,000 since 2017, with checks cut not only to charities and various campaign expenses, but also nearly $281,000 in contributions to political parties and a mix of state and federal Democrats running for office.

According to his most recently filed quarterly report, Reid still has more than $290,000 in available cash on hand between the two committees, more than two years after leaving office and nearly a decade since his last election.

Reid is far from the only retired federal office-holder to keep using campaign accounts once out of office. A trend of “zombie campaigns” is one taking place nationally and locally in Nevada, where former office-holders — namely former Reps. Joe Heck and Ruben Kihuen — are holding on to hundreds of thousands of dollars while continuing to use their federal campaign accounts after leaving office.

The Federal Election Commission (FEC), which oversees these federal accounts, prohibits candidates from using campaign funds for personal use, but offers little guidance on what candidates should do with their campaign accounts and the funds left over once their time in office comes to an end. 

The commission wrote in a 2013 advisory opinion that campaigns should aim to wind down expenses within six months of leaving office, but there are no hard and fast rules as to when a campaign has to close down — a loophole exploited by dozens of former federal office-holders who used their campaign accounts to buy iPads, country club memberships and other questionable expenses, according to a 2018 Tampa Bay Times investigation.

But lax federal election oversight (the FEC has been effectively shut down since August after a commissioner resigned and left the body with less than a quorum) means former candidates have a wide breadth of options on how to use the money left in their campaign piggybank once they leave office.

In a statement, a spokesperson for Reid declined to address specific spending questions but said the leftover funds were primarily used for charity and contributions to similarly-minded candidates.

“After winding down his official Senate office, Senator Reid has used leftover campaign funds to support local charities that do important work in Nevada communities and to support candidates who will carry the torch forward for the causes he championed while in office,” a spokesman for Reid said in an email. “These activities are permitted by both federal and Nevada law, and the money is not spent on personal use.”  

Reid’s contributions since leaving office

August 16, 2018, was akin to a political Christmas for Nevada Democrats.

On that day, just a few months before the midterm election, Reid’s former Senate account and leadership PAC combined to give $84,500 to Democratic candidates for federal, statewide and legislative races, from a combined $20,000 to gubernatorial candidate Steve Sisolak to $5,000 each for Democratic state Senate candidates running in key swing districts— Julie Pazina, Melanie Schieble and Marilyn Dondero Loop,

Those contributions fit a pattern of strategic political contributions made by Reid’s political arms — targeting not only top-of-the-ticket races, but also important, less public races down the ballot including city councils and county commissions.

The list of office-holders who have received campaign contributions from Reid is wide and deep: 13 U.S. Senators or Senate candidates, seven House hopefuls, five legislative candidates, six municipal candidates and five of the six statewide “constitutional” officers (governor, lieutenant governor, attorney general, secretary of state and treasurer).

Here’s the full list of candidates and organizations who received a contribution from Reid’s federal campaign account and his leadership PAC since the start of 2017:

  • $101,000 to the Nevada State Democratic Party in September 2018 (a $1,000 donation was made in November 2017)
  • $20,000 to Nevada Democratic Gov. Steve Sisolak’s campaign in August 2018
  • $19,000 total to groups affiliated with Nevada Democratic U.S. Sen. Jacky Rosen’s campaign; $14,000 directly to her campaign in June 2017 and $5,000 to Rosen Victory Fund, a joint fundraising committee affiliated with Rosen in August 2018
  • $15,000 to Assembly Speaker Jason Frierson’s campaign in August 2018
  • $10,000 to Our Votes, Our Voices, a state-based political action committee formed to fight efforts to recall Democratic state senators in 2017
  • $10,000 to Durbin Victory Fund, a joint fundraising committee benefiting the campaign of Democratic Illinois Sen. Dick Durbin, in June 2019
  • $8,000 to Nevada Attorney General Aaron Ford’s campaign; $3,000 in April 2018 and $5,000 in August 2018
  • $5,000 to American Possibilities PAC, which is affiliated with former Vice President Joe Biden, in October 2018
  • $5,000 to Democratic Montana Sen. Jon Tester’s campaign in August 2017
  • $5,000 to former Democratic Rep. Ruben Kihuen’s campaign in September 2017
  • $5,000 to Democratic Iowa U.S. Senate candidate Theresa Greenfield’s campaign in June 2019
  • $5,000 to Democratic Lt. Gov. Kate Marshall’s campaign in March 2018
  • $5,250 to state Treasurer Zach Conine’s campaign; $250 in March 2018 and $5,000 in August 2018
  • $5,000 to former Democratic state Senate candidate Julie Pazina’s campaign in August 2018
  • $5,000 to Democratic State Sen. Melanie Scheible’s campaign in August 2018
  • $5,000 to former Democratic Secretary of State candidate Nelson Araujo’s campaign in August 2018
  • $5,000 to Clark County Commission candidate Justin Jones’s campaign in August 2018
  • $5,000 to Democratic state Sen. Marilyn Dondero Loop’s campaign in August 2018
  • $2,500 to Washington Democratic U.S. Sen. Maria Cantwell’s campaign in November 2017
  • $2,500 to Democratic Ohio U.S. Sen. Sherrod Brown’s campaign in April 2018
  • $2,000 to New Jersey Democratic U.S. Sen Bob Menendez’s campaign in June 2017
  • $2,500 to Michigan Democratic U.S. Sen. Debbie Stabenow’s campaign in January 2017
  • $5,000 to Nevada Democratic Rep. Steven Horsford’s campaign in August 2018
  • $12,000 to Nevada Democratic Rep. Susie Lee’s campaign; $4,500 in August 2018, $5,000 in September 2017 and $2,500 in November 2017
  • $2,000 to Arizona Democratic U.S. Senate candidate Mark Kelly’s campaign in June 2019
  • $2,000 to California Democratic Rep. Norma Torres’s campaign in May 2019
  • $1,000 to Democratic state Sen. Mo Denis’s campaign in November 2017
  • $1,000 to Las Vegas City Councilwoman Olivia Diaz’s campaign in April 2019 (made after the municipal primary election but before the general election)
  • $1,000 to New Jersey Democratic Sen. Cory Booker’s campaign in February 2018
  • $1,000 to former Missouri Democratic U.S. Sen. Claire McCaskill’s campaign in February 2018
  • $1,000 to former Las Vegas City Councilman Steven Seroka’s campaign in March 2017
  • $1,000 to Henderson Mayor Debra March’s campaign in February 2017
  • $750 to Utah Democratic Rep. Ben McAdams’s campaign in September 2018
  • $500 to New Mexico Democratic Rep. Deb Haaland’s campaign in May 2018
  • $500 to former judicial candidate James Dean Leavitt’s campaign in October 2018
  • $500 to New Jersey Democratic Rep. Donald Norcross’s campaign in July 2018
  • $500 to Henderson city councilwoman Michelle Romero’s campaign in March 2019
  • $500 to former Indiana Democratic U.S. Sen. Joe Donnelly’s campaign in December 2017
  • $500 to Rhode Island Democratic U.S. Sen. Sheldon Whitehouse’s campaign in October 2017
  • $500 to former Democratic California congressional candidate Kia Hamadanchy’s campaign in April 2017

But political contributions were just a portion of Reid’s spending since leaving office.

The two committees also reported spending more than $254,000 since 2017 on campaign expenses and wind-down related costs, including moving costs, credit card payments, bank fees, taxes, airline travel, meals and consulting services.

The vast majority of those expenses — $194,000 — came in 2017, the first year after Reid had left office.

But some of the reported spending has a less clear purpose. His campaign reported spending nearly $800 on “officially connected” gifts at a CVS and $20 on a SiriusXM radio subscription, both made in January 2017. He also reported spending nearly $1,200 at the now-closed Driftwood Kitchen in Washington, D.C. in November 2017.

And between February and May of 2017, Reid’s leadership PAC — Searchlight Leadership Fund — spent more than $4,200 on “gifts for donors,” including $1,100 of expenses incurred at Nordstrom, $1,059 at a CVS and $778 at Hermes, a luxury clothing store. 

The leadership PAC also reported paying for more than $12,000 in meals, primarily during the first six months of 2017 when Reid had just left office (the FEC doesn’t allow candidates to use campaign funds for “food purchased for daily consumption” but allows it for campaign meetings or fundraising activities). Outside of 2017, the leadership PAC reported a $450 expense at a Green Valley steakhouse in Henderson in March of 2019.

Reid’s Senate campaign account also reported making several payments for “wind down consulting” and “strategic consulting services” to a firm called Sala Consulting, Ltd. The firm was founded in January 2017 and is run by Chris Anderson, who lists himself as its president on his LinkedIn page and who spent nearly four years as the executive director of Reid’s official Senate campaign account and his affiliated “Leadership PAC,” Searchlight Leadership Fund. 

According to FEC records, $14,500 of the nearly $60,000 paid to Sala Consulting over the last three years has come from Reid’s campaign account or his leadership PAC, including $5,000 in 2017, $2,000 in 2018 and $5,000 in 2019. Outside of small disbursements from Arizona Sen. Kyrsten Sinema and Missouri Sen. Claire McCaskill, all other Sala Consulting income reported through federal campaigns came from Rosen’s campaign, whom Reid “hand-picked” to challenge incumbent Sen. Dean Heller in 2018.

Reid has also made more than $31,000 in charitable contributions from his campaign accounts since leaving office, including a $10,000 check to the UNLV Foundation in November 2017, $1,250 donated to UNLV’s William S. Boyd School of Law in October 2017 and a combined $3,000 to St. Baldrick’s Foundation, as well as various other charities, including The Shade Tree, the Committee to Aid Abused Women, Children of Mine Youth Center and Dream Big Nevada.

The former Senate majority leader also has not shied away from contributing to media organizations, including:

  • $2,200 to Nevada Public Radio (between three donations)
  • $1,500 to The Nevada Independent
  • $1,250 to Vegas PBS
  • $1,000 to Daily Kos, a left-leaning Internet news website

Money raised

Reid’s campaign hasn’t just made contributions over the last two election cycles; it has also reported raising more than $111,500 since the start of 2017. Some of the funds have come from bank interest, but the vast majority came from one source — a boutique digital firm called Well & Lighthouse, which paid the campaign a total of $108,000 in 2017 for what was described in FEC records as “list sale income.”

Email lists are one of the most valuable commodities in the world of campaigns, especially as candidates have begun to eschew high-dollar fundraisers and rely more on a broader pool of small donors. A primary way to do that is through the sharing, rental or sale of email lists, which is how individuals who sign up or donate to one candidate can soon find themselves bombarded with donation requests from many other, seemingly unrelated candidates.

Since at least the 2012 election cycle, Well & Lighthouse has been a major vendor for Democratic congressional and Senate campaigns — bringing in more than $33.3 million since the 2012 election cycle, or an average of $8.3 million per election cycle, according to data from OpenSecrets.org. The firm also received $1.4 million from the campaign of Democrat Catherine Cortez Masto — Reid’s handpicked successor and former attorney general — in the 2016 election cycle, the second-highest of any candidate that cycle.

Well & Lighthouse was co-founded and is led by Jon-David Schlough, who worked on Reid’s 2010 re-election campaign overseeing digital strategy. His firm did not return a request for comment.

Zombie campaigns

Reid isn’t the only former politician to keep his federal campaign account past retirement; a 2018 Tampa Bay Times investigation into so-called “zombie” accounts found a myriad of questionable spending to likely abuses. These included a former South Carolina congressman-turned-lobbyist who kept his account open for more than two decades, disgraced former Rep. Mark Foley using campaign funds to buy dinner more than a decade after leaving office and a consultant being paid more than $100,000 over 17 months from the campaign account of Hawaii Rep. Mark Takai — despite Takai being dead the entire time.

In total, the investigation found nearly 100 “zombie” campaigns that had continued spending leftover donations on everything from “airline tickets, club memberships, a limo trip, cell phones, parking and new computers.”

The investigation eventually prompted the FEC, which did not have clear-cut rules on the use of campaign funds once out of office, to send letters earlier this year to nearly 27 campaigns asking why their campaigns were still open and posing specific questions on reported spending (Reid’s campaign did not receive a letter).

But enforcement action is unlikely after FEC Commissioner Matthew Petersen resigned in August, dropping the number of active commissioners to three — below the legal requirement to hold a meeting or make any high-level decisions.

The Center for Public Integrity reported that the commission — composed of up to six members, with no more than three of the same political party — has been effectively hobbled since the resignation, with no power to hold meetings, levy fines, issue advisory opinions or work on the backlog of nearly 300 cases on its enforcement docket, many of which may surpass the statute of limitations early next year.

Although there’s little clear guidance under federal campaign law, the Legislature in 2015 passed a law requiring former candidates or public officials to dispose of unspent campaign contributions within four years (the law only applies to candidates for state legislative or local office, not federal races).

Zombies in Nevada

Other former Nevada politicians with leftover cash have elected to either hold on to their campaign contributions, use them in other races or refund checks to contributors. 

One of the more notable examples is former Democratic Rep. Ruben Kihuen, who elected not to run for re-election in 2017 in the face of sexual misconduct allegations reported by BuzzFeed News and The Nevada Independent (details of which were later confirmed in a House Ethics Committee investigation).

Rather than return his then-substantial campaign war chest of more than $318,000 to donors, Kihuen transferred more than $160,000 to his 2019 campaign for a Las Vegas City Council seat (a move at first questioned by but later deemed acceptable by the Nevada Secretary of State). Kihuen narrowly lost in the primary election.

As of his last quarterly campaign finance report, Kihuen had $151,000 in available cash on hand. Other than nominal fees for storage, web hosting and postage, his other major expenditures include legal consulting ($1,220 to the law firm of Sandler Reiff Lamb Rosenstein & Birkenstock) and a $500 contribution to Adrian Boafo, the former chief of staff to Democratic Rep. Steny Hoyer and City Council candidate in Maryland.

Others have opted to return donations after losing their races. Former Sen. Dean Heller, who lost his re-election bid in 2018, has already made more than $103,000 in refunds to contributors throughout 2019. He also made a $10,000 charitable donation to a search and rescue task force, and has otherwise not made contributions to other candidates.

His campaign, which raised more than $15 million during the last election cycle, has a relatively paltry $99,000 left in cash on hand.

Similarly, Heller’s 2012 opponent — former Democratic Rep. Shelley Berkley — filed termination paperwork for her Senate committee less than a year after losing her race (Berkley forgave more than $249,000 in personal loans while terminating her campaign, suggesting that she had little cash left over at the end of her campaign).

Not all former office-holders have taken Heller or Berkley’s path. Former Republican Rep. Joe Heck, who lost a U.S. Senate bid in 2016, still has more than $189,000 left in his Senate campaign account, and FEC records show his campaign has paid out nearly $296,000 over the last two election cycles.

As with Reid, Heck’s contributions have largely focused on wind-down campaign expenses, but have also benefited political parties and candidates, including $75,000 to the Nevada Republican Party in July 2018 and $5,000 to the Washoe County Republican Party in October 2017. Other contributions to political candidates made by Heck include:

  • $11,000 to former Nevada Republican Adam Laxalt’s gubernatorial campaign throughout 2017 and 2018 
  • $9,000 to groups affiliated with former Nevada Republican Sen. Dean Heller; $5,000 to his Senate campaign in Sept. 2017 and $5,000 to an affiliated joint fundraising committee, Heller Senate Victory Committee, in April 2018 
  • $8,000 to the campaign of Nevada Republican Rep. Mark Amodei in March 2018 
  • $8,000 to former Nevada Republican Rep. Cresent Hardy’s campaign in January 2018
  • $8,000 to former Arizona Republican Senate candidate Martha McSally in March 2018 (McSally lost her election but was later appointed to a vacant seat in the U.S. Senate) 
  • $7,000 to Americans United for Freedom, a joint fundraising PAC formed to support Republican Senate candidates. The contributions were made in March 2018.
  • $5,000 to Ohio Gov. Mike Dewine-Husted’s campaign in January 2018
  • $4,000 to Florida Republican Rep. Carlos Curbelo in January 2018
  • $4,000 to former Indiana Rep. Todd Rokita in January 2018
  • $4,000 to Pennsylvania Republican Rep. Lloyd Smucker in May 2018
  • $4,000 to former Nevada Republican congressional candidate Stavros Anthony in September 2017
  • $2,500 to former Maine Republican Rep. Bruce Poliquin in June 2017
  • $2,000 to Florida Republican Rep. Brian Mast in September 2018
  • $1,000 to Clark County Sheriff Joe Lombardo in April 2018
  • $500 to Nevada Supreme Court Justice Lidia Stiglich in May 2018

Heck, who is now a lobbyist for Red Rock Strategies, also gave a $10,000 contribution to Issue One, a “cross-partisan political reform group” that focuses on issues such as campaign finance reform and election security. Heck is listed as one of the group’s “ReFormers” — more than 200 former political figures and congressional representatives. He also gave $1,000 to a group called Nevada State Society, a 501(c)(4) organization composed of Nevadans who live in the Washington, D.C. area (Red Rock Strategies, Heck’s employer, is a “sponsor” of the group, according to its website).

Heck’s campaign also paid $23,400 to WPA Intelligence, a political firm best known for its role in Texas Sen. Ted Cruz’s 2016 presidential campaign, for a “Survey Study (Services)” in July of 2018.

A different path was taken by former Nevada Rep. Cresent Hardy, a Republican who served one term in Congress between 2014 and 2016, lost his 2016 re-election bid and lost another bid for the seat in 2018. His campaign account with the FEC was transformed this year into an organization called Nevada Values PAC, which has retained more than $197,000 in cash on hand from Hardy’s 2018 election cycle. In paperwork submitted to the FEC in February, Hardy’s new PAC will operate as a Carey Committee (or hybrid PAC) that is allowed to maintain two bank accounts — one of which can make direct contributions to candidates and is subject to FEC rules and regulations, and the other which can accept unlimited donations and operate like a Super PAC, meaning it cannot coordinate with other campaigns or candidates.

Rosen names top Senate staff

Sen.-elect Jacky Rosen named her senior staff Wednesday, including her top aide from the House, a former Harry Reid staffer and a former assemblyman and failed secretary of state candidate.

“I am thrilled to have such an impressive and diverse group of individuals join my team in both my Nevada and Washington offices,” Rosen, a Democrat, said in a release.

Rosen defeated Republican incumbent Sen. Dean Heller in November to become the second woman to represent Nevada in the Senate. She is set to be sworn in on Thursday, the first day of the 116th Congress, the two-year legislative session.

Chief of staff Dara Cohen moves to the Senate with Rosen from the House, where she managed Rosen’s DC and district staff, guided legislative priorities and oversaw the constituent services operation.

A graduate of Washington University in St. Louis and Georgetown University, where she received a master’s in public policy, Cohen has worked for more than a decade in government. Prior to working for Rosen, she served as chief of staff for California Democratic Rep. Norma Torres and deputy chief of staff for one-term Illinois Democratic Rep. Bill Enyart.  

Before joining Rosen’s office as deputy chief of staff, Jorge Silva served as vice president for communications at the Latino Victory Fund, a political action committee geared towards electing Hispanic candidate.

Silva also worked for Hillary Clinton 2016 presidential campaign as the national director for Hispanic media, and led national. Prior to his stint with Clinton, he worked for Senate Majority Leader Reid as senior advisor for Hispanic media and spokesperson.

Ex-Assemblyman Nelson Araujo will be Rosen's state director. He ran for secretary of state in November, but lost to Republican incumbent Barbara Cegavske by a narrow 0.66 percentage points, the only Democrat to lose a Nevada statewide election this year.

Rosen also tapped her legislative director in the House, Grant Dubler, to serve the same role in her Senate office. Prior to working for Rosen, Dubler served for three years on the legislative staff of Florida Democratic Rep. Lois Frankel and was previously a law clerk for the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights.

John Fossum will serve as Rosen’s administrative director. He previously worked for four other Senators, including Reid.

Assemblyman Nelson Araujo

INDY FAST FACTS
Nelson Araujo

Job: Assemblyman, District 3
Party: Democratic
In current office: 2015-present
Assistant majority floor leader, 2017
Birthdate: October 24, 1987
Education:
University of Nevada, Las Vegas (B.A. and M.P.A.)