Pubdate: Wed, 29 Jan 2003
Source: Anchorage Daily News (AK)
Copyright: 2003 The Anchorage Daily News
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Author: Nicole Tsong
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

MARIJUANA INITIATIVE BACKERS SUE TO GET ON STATE BALLOT

Denied: Enough Signatures Were Gathered, But Leman Disallowed Thousands.

Backers of a drive to legalize marijuana sued the state Tuesday, claiming 
the Division of Elections unconstitutionally denied residents the right to 
get their initiative on the ballot.

The lawsuit asks for a court order putting the initiative to decriminalize 
pot on the ballot. Sponsors submitted signatures in November for an 
initiative, but Lt. Gov. Loren Leman tossed out the petition two weeks ago, 
ruling that hundreds of signatures collected were invalid.

At the time, he said the pro-marijuana group would have to start the drive 
all over again to get the measure on the 2004 ballot.

But attorney Kenneth Jacobus, who represents the plaintiffs, said Leman 
denied the petition based on an administrative technicality.

"If they're registered voters, the signatures ought to be counted," he 
said. Jacobus also represents the Alaska Republican Party. The plaintiffs 
are Tim Hinterberger, Alvin Anders and Scot Dunnachie, all of whom were 
involved in the initiative drive.

Sponsors say they submitted 484 petition signature books with more than 
50,000 signatures. The state denied 194 of the signature books, which meant 
only 21,737 of the 28,782 signatures needed were certified, according to 
the lawsuit.

Many booklets were denied because people who collected signatures didn't 
turn in a sponsor accountability report, which lists the booklets and the 
people who have them, Jacobus said. But the lawsuit contends a Division of 
Elections employee told the sponsors they didn't have to turn in the reports.

"Each time the signature of a registered voter is rejected by the state of 
Alaska, that voter is unconstitutionally deprived of the right to 
participate in the initiative process," the lawsuit says.

Leman said he had not seen a copy of the lawsuit. He added that he had 
confidence in the division employees and their ability to count.

Sarah Felix, an assistant attorney general, denied that an elections 
official would say the report wasn't necessary.

And the accountability report is a valid, constitutional requirement, she said.

"One of the main purposes of the accountability report is to assure that 
these petitions are being circulated in person by the individual who took 
responsibility for the petition," Felix said. "This is a serious process. 
It's the process that leads up to making a law. It has to be carefully 
regulated."

But Jacobus said people should be fined for not turning in reports, not 
denied the right to petition completely.

"It's real simple," he said. "If you turn in enough signatures in the time 
period, you get on the ballot."
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MAP posted-by: Terry Liittschwager