Pubdate: Thu, 29 Jul 2004
Source: Las Vegas Sun (NV)
Copyright: 2004 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Cy Ryan, Sun Capital Bureau
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)

HIGH COURT MAY DECIDE ON PETITIONS

Ruling Sought On Minimum Wage, Frivolous Lawsuit Issues

CARSON CITY -- The Nevada Supreme Court could have the final say
whether voters will, in November, decide two initiative petitions on
raising the minimum wage and penalizing those who file frivolous lawsuits.

Secretary of State Dean Heller said Wednesday he has asked Attorney
General Brian Sandoval to file an appeal on the ruling by District
Court Judge Bill Maddox, who ordered Heller to put the two petitions
on the ballot.

Maddox dismissed a constitutional requirement as "meaningless" in his
ruling and, with more lawsuits in the works, Heller said he saw the
need to appeal.

"I strongly believe that the Nevada Constitution is not a fast food
menu that you pick and choose which parts you want to uphold and
discard those parts that do not fit your particular agenda," Heller
said. "With all these factors in mind, I believe it is in the best
interest of all Nevadans that I seek a final judgment on the
constitutional requirements for signature gathering on petitions from
the Nevada Supreme Court."

Gail Tuzzolo, spokeswoman for People for a Better Nevada, the group
pushing the frivolous lawsuit petition, said the decision by Heller is
"all about the insurance companies putting the pressure on the
secretary of state and him responding to the pressure of the insurance
companies and his Republican Party."

Tuzzolo said she was surprised Heller decided to appeal.

"He has always been fair and open," she said but in this case, she
said, he has succumbed to political pressure.

Danny Thompson, executive director of the Nevada State AFL-CIO, the
group pushing the minimum wage petition, said he "feels comfortable"
the Supreme Court will uphold the Maddox decision. He said Maddox made
"it pretty clear" in his ruling that the two petitions were legally
sound.

In addition, he said a ruling from the U.S. Supreme Court adds
strength to the argument for declaring the two petitions valid.

Sam McMullen, attorney for the Las Vegas Chamber of Commerce, said
there was a "likelihood" the chamber would join in the appeal. But he
said the chamber, which had argued against the initiatives, had not
made a final decision.

McMullen had initially asked Maddox of Carson City to stay his order
to allow an appeal. The judge refused. The chamber then decided
against appealing the case to the Supreme Court.

But McMullen said the state's decision to appeal adds a new wrinkle to
the case.

One of the initiatives to amend the Nevada Constitution seeks to raise
the minimum wage by $1 an hour and by the cost of living up to 3
percent in years after it is effective. The other petition would
penalize lawyers that file frivolous suits and would prohibit limiting
the award of damages to a person who wins a tort suit. Tuzzolo said
the insurance companies oppose this one.

Nevada's Constitution requires that each initiative document must bear
an affidavit signed by a registered voter that the signatures are
valid. If the circulator is not a registered voter, than another
registered voter who signed the petition must sign the affidavit
attesting the signatures were proper.

Parts of those two petitions were circulated by an unregistered voter
and they did not bear the signature of a registered voter on the affidavit.

Maddox called that requirement "meaningless," noting that a registered
voter that was not even present when the signatures were gathered
could sign the affidavit. "I don't see how the second affidavit
increases the integrity of the process," the judge said.

More than 13,000 signatures on the minimum wage petition were not
counted because of the alleged legal defect on the petition. The
frivolous lawsuit petition lost more than 10,000 signatures because of
the problem.

With those signatures, both had the required 51,337 registered voters
to qualify them for the election ballot.

Heller said he had "not planned on appealing the judge's decision, but
in light of the fact that another lawsuit has been filed based in part
of Judge Maddox's ruling and the possibility exists that others may
follow, I have no other choice."

Heller was referring to the suit filed in U.S. District Court in Las
Vegas by the group circulating the initiative petition to allow adults
to possess one ounce of marijuana. Part of that suit contests the
requirement that an affidavit on the initiative document must be
signed by a registered voter. About 15,141 signatures on the marijuana
petition were tossed out because of that alleged defect.

The group's suit asks that the marijuana question be placed on the
November election ballot.

In addition to that suit, the initiative petition seeking limits to
increases in the property tax is also in court, looking for a judgment
that it be placed on the November ballot.

Heller said, "Because of lawsuits being filed in different District
Courts and being heard by different District Court judges, the
distinct possibility exists of conflicting decisions, thereby
prolonging the ballot question process."

He said the clock is ticking on county clerks and registrars of voters
to produce sample ballots by the early voting period for the general
election Oct. 16-29.

Another lawsuit regarding petitions also could be in the works.
Supporters of an initiative that would cap property taxes say they're
still consulting attorneys to determine if they can file a lawsuit to
get their issue on the ballot.

Assemblywoman Sharron Angle, R-Reno, said she is waiting on word from
her lawyers.

The group, We the People Nevada, came up about 5,700 signatures short,
but Angle argues that the group also was hampered by government
employees who kept them from gathering signatures on public property.
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MAP posted-by: Larry Seguin