Electronically Filed

6/26/2018 8:16 PM
Steven D. Grierson
CLERK OF THE COURT

1 COMP
Law Offices of Mitchell Posin, Chtd
2 Mitchell Posin, Esq.
Bar No. 2840
3 410 S. Rampart Blvd, Suite 390
Las Vegas, NV 89134
4 702.382.2222
702.382.7496 fax
5 mposin@gmail.com
Attorneys for Plaintiff
6 DISTRICT COURT
7 CLARK COUNTY, NEVADA
8 M. JOSEPH MILLER II, )
) Case No.: A-18-776758-C
9 Contestant, ) Dept.: Department 24
vs. )
10 )
JASON BURKE, )
11 )
Defendant. )
12 _____________________________ )
13
COMPLAINT
14 (Statement of Contest)
15 COMES NOW CONTESTANT, M. JOSEPH MILLER II, by and through his
16 attorneys of record, the Law Offices of Mitchell Posin, Chtd., pursuant to NRS
17 293.407, states and alleges as follows:
18 (a) The name of the contestant is M. JOSEPH MILLER II, The contestant is a
19 registered voter of the political subdivision in which the election to be contested or
20 part of it was held;
21 (b) The name of the defendant is JASON BURKE;
22 (c) The office to which the defendant was declared elected is the STATE
23 ASSEMBLY, DISTRICT 5 (REPUBLICAN);
24 (d) The particular grounds of contest and the section of Nevada Revised
25 Statutes pursuant to which the statement is filed is as follows:
26 i. Defendant failed to file Candidate Financial Disclosure Statement due
27 March 26, 2018 in violation of NRS 294A.420;
28 ii. Defendant failed to file Contributions and Expenses Report #1 due
May 22, 2018 in violation of NRS 294A.420;

Case Number: A-18-776758-C

 1 iii. Defendant failed to file Contributions and Expense Report #2 due
2 June 8, 2018 in violation of NRS 294A.420.
3 (e) The date of the declaration of the result of the election was June 13, 2018, and
4 the body or board which canvassed the returns thereof was the Nevada Secretary of
5 State.
6 WHEREFORE, Contestant, reserving his right to amend this Statement of
7 Contest, prays that, by virtue of Defendant’s failure to comply with the law:
8 a. Defendant be declared ineligible for the office pursuant to NRS 293.410(b);
9 b. Defendant’s election to the office be declared null and void; and
10 c. Contestant be declared the rightful winner of the election.
11
12 DATED this 26 day of June, 2018.
13 Respectfully submitted,
14 Law Offices of Mitchell Posin, Chtd.
15
16 By: ___/s/ Mitchell Posin__________
MITCHELL L. POSIN, ESQ.
17 Nevada Bar No.: 002840
410 S Rampart Blvd., Suite 390
18 Las Vegas, Nevada 89145
Attorneys for Plaintiffs
19
20
21
22
23
24
25
26
27
28

-2-