So the midnight swearing in ceremony of new Nevada governor Jim Gibbons gets weirder. Today’s Review-Journal has an article positing that the purpose of the unusual time and hour of the ceremony could have been to manipulate a legal loophole that might allow Gibbons to undo a last-minute political appointee of former Governor (and Gibbons rival) Kenny Guinn:

Gibbons began stating his oath about a minute before midnight. His chief of staff, Mike Dayton, said Gibbons completed the oath at 12 seconds after midnight. Dayton came up with the time by checking a clock placed on a coffee table in the room.

Gibbons’ midnight oath might invalidate Guinn’s appointments on a technicality, according to the basis of the 2005 attorney general’s opinion.

In the 2005 opinion, then-Attorney General Brian Sandoval cited an appointment former Gov. Mike O’Callaghan made to a position that became vacant at midnight on Dec. 31, 1978. That appointment was valid because “Governor Robert List was not sworn in until 10:00 a.m. on January 1, 1979,” the opinion said.

Between midnight and 10 a.m., O’Callaghan was still considered governor, and the board position was vacant.

The fact that the two circumstances occurred simultaneously made O’Callaghan’s appointment legal, the attorney general said.

Thus, if no time lapse between the end of one governor’s term and the start of another’s occurred, then the previous governor’s appointments possibly would not count.

The flip-side argument is that the control board appointments by Guinn took effect at exactly midnight, while Gibbons did not become governor for another 12 seconds. Also, he started the oath before 2007 began.

This is really weird stuff. (via lvgleaner)