Pubdate: Fri, 13 Aug 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: Jace Radke and Cy Ryan, Las Vegas Sun
Cited: The Committee to Regulate and Control Marijuana (CRCM) 
http://www.regulatemarijuana.org/
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/topics/marijuana+initiative
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

FEDERAL JUDGE THROWS LIFELINE TO POT INITIATIVE

A federal judge today found Nevada's process for putting initiative 
petitions on the ballot unconstitutional, giving a petition that would 
allow adults to have an ounce of marijuana a chance to be on the November 
ballot.

U.S. District Judge James Mahan found unconstitutional the "13-county" rule 
that requires circulators to obtain signatures of 10 percent of the people 
who voted in the last election in at least 13 of the state's 17 counties. 
He also said the requirement that a person in addition to the circulator 
must sign an affidavit verifying the signatures was invalid.

Mahan cited the portion of the Constitution that requires that each person 
be entitled to one vote, and said the 13-county rule gives more weight to 
rural voters. The second affidavit, he said, was unnecessary. Only the 
circulator could verify that the signatures are valid, he said.

The federal judge issued a permanent injunction that prohibits the 
Secretary of State Dean Heller from nullifying votes based on those rules.

Heller, the state's chief election officer, said that all of the petitions 
that failed -- minimum wage, frivolous lawsuits, marijuana and public 
employees in the Legislature -- now would have to have 100 percent of their 
signatures verified.

Counties are already recounting the signatures on the "Axe the tax" 
petition, which would roll back an $836 million tax increase last year.

Mahan refused to order Heller to place the marijuana initiative on the 
ballot, saying that the the number of signatures would determine if it 
would qualify. Mahan also denied a claim in the lawsuit, filed by the 
Committee to Regulate and Control Marijuana and the American Civil 
Liberties Union of Nevada, that called into question whether someone who 
signs a petition can register to vote after signing.

That question will be appealed to the 9th U.S. Circuit Court of Appeals, 
said Matthew Brinkerhoff, an attorney representing the Committee to 
Regulate and Control Marijuana.

"I think there is a decent likelihood that we'll be able to find the 
signatures that we need," Brinkerhoff said.

Heller said this lastest ruling is "bringing us to our knees" in preparing 
for the election. "We're not killed yet but it took us out."

County clerks and registrars of voters must have an answer by Sept. 2 on 
which questions will appear on the ballot in order to have time to print 
the absentee and sample ballots for the general election in November.

Heller said he understood the ruling based on the one-person one-vote 
concept and he was surprised it was not challenged earlier. But he said the 
practical effect is that a petition could be circulated only in Clark 
County to send 100 percent of the state's revenue to Clark County and the 
rest of the state would not have any say.

The latest registration figures show Clark County has 547,722 of the 
state's 882,602 registered voters. To qualify an initiative petition this 
election 51,337 signatures are needed. So a petition drive would need less 
than 10 percent of the voters to sign it to get it on the election ballot.

He said he would have to meet with Attorney General Brian Sandoval to 
determine whether to appeal the decision to the 9th U.S. Circuit Court of 
Appeals.

Sandoval, reached in Chicago Friday, said he was surprised by the decision 
invalidating the 13-county rule. He said he had not seen or read the 
opinion and would meet with Heller when he returns Monday. 
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MAP posted-by: Richard Lake