Pubdate: Wed, 14 Jul 2004
Source: Nevada Appeal (Carson City, NV)
Copyright: 2004 Nevada Appeal
Contact:  http://www.nevadaappeal.com/
Details: http://www.mapinc.org/media/896
Author: Geoff Dornan
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)
Bookmark: http://www.mapinc.org/topics/marijuana+initiative
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

MARIJUANA PETITION OFF BALLOT

Petitions to legalize 1 ounce of marijuana and to prevent doctors,
contractors and other businesses from imposing tougher limits in
damage suits suffered the same fate Tuesday as a petition to raise the
minimum wage.

Secretary of State Dean Heller ruled neither has enough valid
signatures in enough counties to qualify for the November ballot.

But Heller said a petition designed to roll back insurance rates in
Nevada did have enough signatures and will be put before the voters
this fall.

The so-called "frivolous lawsuits" initiative was removed for the same
reason as the minimum-wage initiative - improper verification of some
petition books by the people who gathered the signatures. With the
10,331 signatures that were disqualified, the petition would have
qualified, Heller's office said.

Heller said his office was forced to disqualify those petitions
because they didn't meet validation requirements spelled out in the
Nevada Constitution. The same problem invalidated nearly 14,000
signatures on the minimum-wage petition.

The marijuana petition, according to Chief Deputy Secretary of State
Renee Parker, failed because it simply didn't have enough signatures.
Organizers of that petition drive lost a box containing 6,000
signatures and never gave it to the Clark County registrar of voters.
By the time they found it, registrar Larry Lomax said it was past the
legal deadline.

Initiatives needed 51,337 valid signatures to qualify this year - 10
percent of the total turnout in the last general election. They also
needed 10 percent in 13 counties.

The lost signatures in Clark County stopped the marijuana petition by
preventing it from qualifying in Clark; therefore, it qualified only
in 12 counties.

The marijuana petition asked voters to approve legalizing possession
of up to an ounce of pot by adults, but maintained stiff penalties for
selling the drug, especially to minors, or being under the influence
while driving.

The "frivolous lawsuits" petition was designed to prevent doctors and
contractors from pushing for lower damage caps than the $350,000 now
allowed by Nevada law. But it also would impose penalties on lawyers
if a judge ruled a lawsuit frivolous.

The insurance petition would order companies to reduce existing rates
by 20 percent, effective December 2007. It also gives the Insurance
Division more power to make insurance carriers justify any increases.
Finally, it would remove the statutory limit on malpractice judgments
unless the insurer can prove it has reduced premiums for that coverage
by at least 10 percent.

The minimum-wage petition asked voters to order a $1 an hour increase
in the minimum wage to $6.15. The AFL-CIO, which was behind the
petition, has already filed suit to reinstate it.

Nevada AFL-CIO Danny Thompson said the signatures were valid, and
keeping the measure off the ballot because of a technical error by
signature gatherers would unconstitutionally disenfranchise voters.

Organizers of the "frivolous lawsuits" initiative could seek to join
that court battle.
- ---
MAP posted-by: Larry Seguin