Independent party renews fight to block Tea Party candidate

Leaders of the Independent American Party have renewed their fight to take Scott Ashjian's name off the November ballot.

IAP officials have protested that Ashjian wasn't a member of the Tea Party when he filed as that party's candidate for U.S. Senate. IAP lawyer Joel Hanson said Ashjian should be barred because he was a Republican when he filed, and didn't change his registration until later that day when he returned to Las Vegas.

IAP Senate candidate Tim Fasano filed the protest but was rejected by the Secretary of State's office. So he sued.

Carson District Judge Todd Russell ruled against Fasano, writing that, "this court does not believe that (Ashjian) engaged in a knowing and willful attempt to avoid the election laws of the state of Nevada."

He agreed with Ashjian lawyer Allen Lichtenstein that Ashjian "substantially complied" with the law.

"At the end of the day on March 2, 2010, he was in compliance with the election laws of the state. A technical sequential filing of documents should not control, but an overall good faith attempt to comply should control."

In filing the appeal Hansen said since Ashjian admitted he knew he wasn't registered until after declaring his candidacy, he lied on his declaration and "his name must be removed from the ballot."

"If Ashjian can get on the ballot by just lying, there is no integrity in the election process when other candidates and parties have to work so hard for ballot access," said John Wagner, state chairman of the IAP.