High court and legislative counsel clear Hardy to vote on budget

The Senate majority needed to pass the Legislature's amended budget got a final boost today from the Nevada Supreme Court.

The high court agreed with District Judge Bill Maddox in the ethics complaint against Sen. Warren Hardy, R-Las Vegas, stating that only the Legislature has the power to determine whether Hardy committed any ethical violation.

With that ruling, Legislative Counsel Brenda Erdoes told Hardy he is clear under Senate rules to vote on the budget.

Hardy had been challenged in court on grounds he voted repeatedly during the 2007 session on issues affecting the Associated Builders and Contractors of Las Vegas, which he heads.

With that case out of the way, he said Erdoes put him in the same category as Sen. Bill Raggio, R-Reno, who was cleared to vote on the budget by a new Senate rule stating that lawmakers have an obligation to vote on overriding statewide issues such as the budget. It declares that every member of the Legislature has the same interest in those issues as every other citizen in the state and, therefore, has no conflict in casting that vote.

Raggio's right to vote had been challenged on grounds a member of his law firm had testified in favor of the proposed tax plan.

"I received a verbal opinion from Brenda that I am free to vote and intend to do so," he said.

Asked whether he would support the budget and tax package he helped develop, he said there are still a couple of issues being resolved.

"But I can tell you that when the final product is decided on, I'll be able to support it," he said.

That provides the Senate with at least the 14 votes necessary to override a promised veto of the budget and tax package by Gov. Jim Gibbons.

Gibbons has said since the beginning of the 2009 Legislature that he would veto any tax hike and any budget that was balanced with tax increases.