The Record-courier. [volume] (Gardnerville, Nev.) 1904-current, 1924-07-04
JEP Sen MAY HOLD
OFFICE 4 YEARS

Diverse opinions have arisen
as ito whether the appointment of H.
Jensen to fill the unexpired term of
his father, the late H. C. Jepsen,
would hold good until the four years
have expired, or whether it would be
necessary to be a candidate for re-
election at the fall election. To make
sure. H. R. Jepsen, county clerk and
treasurer, asked for an opinion from
Attorney General Diskin, relative to
the situation involved, and brief
outline of the opinion follows:
prior to the amendment of Sec.
2781 Rev. Laws of 1912, fixing the
term of all county officers for q per-
iod of two years, there would be no
difficulty in determining the present
question. By reason of this amend
ment, the county offices were fixed at
four years, beginning with the elect
ion of 1922.
Inasmuch as H. C. Jepsen was
elected at the November election of
1922 for four year term, and H. r.
Jepsen having been appointed to fill
the vacancy caused by his removal,
the question to be decided is whether
his successor is to be elected in Mo-
vember, 1924, or the next general
election, for the office, in November,
1926.
"* The matter herein pre-
sented must be determined upon the
construction to be given the words,
until the next general election as
used in the statute, 1917, page 358
which provides"
ga general election shall be
held in the several election pre-
cincts in this state on the Tues
day following the first Monday
of November, 1918, and after two
years thereafter, at which there
shall be chosen, such officers as
are by law to be elected in such
year, unless otherwise provided
for."'
"In reference to the election of
county OFFICERS this statute, Supra,
is the authority in law, which desi-
gnates and fixes the time when the.
general election for county officers
must be held.
"If we assume, that, by the words
next general election" as used in
statutes 2813, it meant in the present
instance, the general election in the
year, 1924. We find that there is no
authority in law for holding an elect
ion for the purpose of selecting a
public administrator, in the year
1924.
1t is imperative that the statute
authorize and fix time and place,
when public officers shall be filled by
election. Voting for and selecting
an indiv dual to fill a public office at
any othe tine than that authorized
by lrw ould be invalid and the
people ave no inherent right to
ass amble and elect a public officer
uni SIS u h election has been author
lied by legislative act. The supreme
court of Nevada in the case of Saw
yer VS.. Hayden announces that people
living under a government which is
regulated by written law, in which
the powers, duties and responsible
ties of the different officers is clearly
defined, it is not conceivable that
people may be entitled to vote for
any officer without some provision
being made by law, either express or
clearly implied, authorizing such vote
to be cast"
Attorney-General Diskin further
states that in his opinion that the
office of county clerk H. R. Jepsen's
appointment should hold good until
the November election of 1926.
When the legislature used the words
"next general election" it meant the
next general election for that par
ticular office, not the next general
election in the point of time.
County Clerk Jepsen will probably
make test case before the supreme
court to settle the question for future
reference. He will file as candi-
date for the office if an election is
decided upon for this year but wishes
to make sure just what is meant by
the appointment to fill the unexpired
term.
A question of this kind has never
come before the people of Nevada up
to this time, and it will be of interest
to know what the law implies when
an appointment to fill an unexpired
term in a county office actually and
lawfully means.