Pubdate: Fri, 01 Oct 2004 Source: Anchorage Daily News (AK) Copyright: 2004 The Anchorage Daily News Contact: http://www.adn.com/ Details: http://www.mapinc.org/media/18 Author: Richard Mauer and Joel Gay Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives) Bookmark: http://www.mapinc.org/pot.htm (Cannabis) MORE BALLOT WORDING CHALLENGED REPRINT: Leman must change language on other initiatives, sponsors say. As Lt. Gov. Loren Leman and state lawyers negotiated new wording of Ballot Measure No. 4 with its advocates Thursday under a tight court deadline, the sponsors of two other initiatives said Leman should remove what they described as biased language from their ballot language as well. Leman declined to say Thursday whether he would seek an expedited appeal to the Alaska Supreme Court of an Anchorage judge's ruling Wednesday ordering him to reprint a half million ballots. Superior Court Judge Morgan Christen said that destroying the old ballots was the only way to correct the misleading, biased and factually inaccurate wording of the Trust the People initiative to strip the governor's authority to fill a vacated U.S. Senate seat by appointment. Jeff Feldman, Trust the People's attorney, said negotiations failed to reach agreement by the 4:30 p.m. deadline set by Christen. Leman filed new wording with the court, but Peggy Wilcox, campaign manger for Trust the People, said it was still objectionable. Feldman said he expected negotiations to continue today as pressure mounted to reach a conclusion with the Nov. 2 election inching closer. Meanwhile, sponsors for the two other citizen initiatives on the November ballot, one to outlaw bear baiting and the other to decriminalize marijuana, said they too were unfairly treated on the ballot by Leman. Both agreed their concerns weren't as serious as Trust the People's, but with the ballots being reprinted anyway they sought to have their statements changed. Leman, the state's chief elections official, said Thursday that he wouldn't consider other changes. Like Trust the People, Yes on 2 and Citizens United Against Bear Baiting said they were not informed when Leman wrote new ballot language rather than use the same wording that had been used on their petitions. In her decision Wednesday, Christen noted that the Division of Elections Web site says that the same language would be used on the ballot as appeared on the petitions. And in court, an assistant attorney general who advises Leman said that previous lieutenant governors routinely alerted ballot sponsors when the ballot language was altered, though she said such notice isn't required by law. "They changed the language but we didn't know about it in enough time to object," said Ken Jacobus, attorney for Yes on 2, the decriminalization measure. Jacobus objected to the mention of children in the third sentence on the ballot: "It removes all existing state restrictions on prescription of marijuana by a doctor for all patients, including children." "Medical marijuana isn't prescribed for kids," Jacobus said. "And the initiative allows municipalities to prohibit marijuana use by people under 21." Proponents of Ballot Measure No. 3, which would ban bear baiting, also have requested new ballot wording. They contend that Leman's office subtly but critically altered the language they had negotiated earlier with the Department of Law, "rendering (the) summary an unfair and biased misstatement." Attorney Tom Meachum says two changes in the ballot language could mislead voters into thinking they could be jailed for a year and fined $10,000 if a bear happened onto their bird feeder and they photographed it. The ballot currently says it would be illegal to use any item or substance, including food, "to entice a bear." The original version said "intentionally entice," and the ballot should be reprinted to include the missing word, Meachum said. He also disputes the inclusion of specific monetary and jail penalties on the ballot, which he called a scare tactic. The penalties are no different from most other wildlife offenses, he said. On Thursday, the group asked Leman to replace the ballot wording with the same language assistant attorney general Marjorie Vandor approved in June, and which was used to gather some 30,000 signatures needed to put the measure on the ballot. Told that Leman wouldn't change the measure, John Toppenberg, executive director of the Alaska Wildlife Alliance, said he wasn't surprised. "The (Murkowski) administration is obviously opposed to our position and has acted through Loren Leman to intentionally distort it, even though they earlier agreed to language that was clear on the issue," he said. Leman said "it's absurd" to say that he is "somehow Frank Murkowski's toady." Rather, he said, he followed the law in writing the ballot summaries. "I believe the treatment for all the other ballot measures followed the same test about being true and impartial and fair," Leman said. "Just because we're having to move now to reprint doesn't mean it's going to open it up for the other measures." - --- MAP posted-by: Terry Liittschwager