Nevada Secretary of State Press Release Announcing Results of Investigation

Office of the Secretary of State

Secretary of State Receives AGO Stating Drug Czar is Immune From Reporting Laws

Carson City ' Secretary of State Dean Heller announced today that his office has received an opinion from the Attorney General's Office (AGO) stating that due to federal law, White House Drug Czar John Walters is immune from Nevada's campaign and expenditures reporting laws.

Heller sought an AGO after Walters answered an inquiry from Heller's office seeking a response as to why he thought he was immune from Nevada Revised Statutes (NRS) 294A.150 and 294A.220, which state that every person who advocates for the passage or defeat of a ballot question must submit campaign contribution and expenditure reports. In his response, Walters' counsel stated, "as a federal officer acting within the scope of the duties, including speaking out about the dangers of illegal drugs, Director Walters is immune from enforcement of Nevada's election laws. As a result, Director Walters and the Office of National Drug Control Policy respectfully decline to respond to the complaint."

Walters, the director of the White House Office of National Drug Control Policy (ONDCP), had visited Nevada several times to speak against Question 9 on the 2002 General Election Ballot, which sought to amend the state's Constitution by, among other things, decriminalizing possession of three ounces or less of marijuana. Walters' office had also paid for television advertising denouncing the measure. Question 9 failed by a vote of 60.7% opposed and 39% in favor.

"Nevada's campaign contributions and expenditures reports are used as a method to clearly establish who is contributing to a candidate or is in favor/opposed to a particular ballot question," Heller said. "I asked the Attorney General's office to issue an official opinion as to whether the White House Drug Czar must adhere to the same state reporting laws that govern candidates, Committees for Political Action and Ballot Advocacy Groups. The opinion I received today clearly states that Mr. Walters is immune from Nevada's reporting laws."

An official opinion received this morning from the Nevada Attorney General's office stated, in part:

"While it is unclear whether Mr. Walters received any contributions, it is reasonably certain that expenditures were made in bringing him to Nevada to advocate against Question 9 and to run television ads opposing marijuana use. However, both of these activities, advocacy against legalization of drugs and opposition to drug use, are clearly within the exercise of his role as director of ONDCP and consistent with the stated policy of that office."

The opinion further stated that, "federal courts have regularly held that a federal officer is immune from state action when exercising the function of his office."

To review a breakdown of the individual county vote totals on Question 9, go to secretaryofstate.biz, click on the Elections Division icon; Election Results; Nov. 5, 2002 General Election; and finally on Multi-County and Federal Election Results.