Results not yet in on Alta Sierra election
November 5, 2013
While results from the Saturday election to replace Alta Sierra Property Owners Association board members conducted by Kathy Monteiro and her supporters remain unavailable as of Sunday, a board member who witnessed the vote-gathering procedure called into question its integrity.
"The election was laughable," said Julie Siegenthaler, a member of what some claim is the nine-person Alta Sierra Property Owners Association board of directors.
The composition of the board is just one of the many issues bitterly disputed by two factions that have been warring in the South County neighborhood since May.
Monteiro led the charge to conduct what she and her supporters believe to be a legally valid recall election on Saturday Oct. 19, with participating voters electing overwhelmingly to oust all board members on the ballot.
The current/former board and its legal representation dispute the legal validity of the vote, saying it was improperly noticed as Monteiro failed to follow protocol set forth in the neighborhood association's bylaws and articles of incorporation.
Peter Lemmon, an attorney for ASPOA's board, unsuccessfully sought an injunction preventing both elections from occurring.
Saturday's election sought to elect eight people to the board, with only the recently appointed Siegenthaler exempted from the recent recall.
When the results are tabulated and certified, those eight will join Siegenthaler to compose the real, authentic board, Monteiro said.
She said Saturday's event broke several election edicts, including having a candidate handle ballots, lack of a membership list to verify that the voters were eligible, unlocked and unsupervised ballot boxes with blank ballots nearby and campaign literature next to the ballot boxes.
It remains unclear if those alleged transgressions would be enough to render the vote moot as many election laws pertain only to official votes carried out by county election offices.
Nevada Superior Court Judge Tom Anderson scheduled a hearing for Nov. 7 after refusing Lemmon's attempts to gain a temporary restraining order to block the recall vote two days before it commenced. That hearing has been postponed until to Nov. 21.
Monteiro said the hearing is moot as it was supposed to pertain to the legitimacy of preventing elections that have already occurred.
The current/former board has circulated materials saying the result of either election will not be recognized unless a court order is issued in favor of Monteiro's side.
To contact Staff Writer Matthew Renda, email firstname.lastname@example.org or call 530-477-4239.