Pubdate: Sun, 25 Jan 2004 Source: Fairbanks Daily News-Miner (AK) Copyright: 2004 Fairbanks Publishing Company, Inc. Contact: http://www.news-miner.com/ Details: http://www.mapinc.org/media/764 Author: The Associated Press 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) LEMAN FIRM ON ELECTION DATE FOR POT VOTE SITKA--Lt. Gov. Loren Leman says he is standing by his decision to place the marijuana legalization initiative on the November general election ballot instead of the August primary. The initiative would decriminalize marijuana use for people 21 and older. Initiative sponsors last week filed a lawsuit seeking to have the matter decided by voters in the primary Aug. 4. Plaintiffs Tim Hinterberger, Alvin Anders, Scott Dunnachie and Linda Ronan asked for a declaratory judgment. Initiative sponsors previously won a court victory forcing the lieutenant governor to validate their petition. He initially rejected the petition on the grounds that 194 of the 484 petition booklets had not been filled out properly. Anchorage Superior Court Judge John Suddock described them as "trivial rule violations" and ordered that all valid signatures be counted. Leman issued a letter Nov. 26 certifying that there were sufficient signatures to place the initiative on the ballot, and on Jan. 6 scheduled it to be placed on the Nov. 2 general election ballot. Leman told the Sitka Sentinel the matter properly should be decided in November. "The law says it has to be placed on the first election more than 120 days after the end of the last legislative session that occurred after the initiative is filed," Leman said Thursday. "I take that to mean 'properly filed.' I determined the original submittal was not properly filed. "However, a judge directed me to count the books we rejected for inconsistency," Leman said. "The judge changed the rules and made the books eligible for counting. That was according to the judge's rules, not according to statutes or regulations." Leman said he was mystified by the sponsors' objection to having the vote in November, since historically the state general election has much higher participation than the primary. Leman was in Sitka to attend a meeting of the Denali Commission, which he co-chairs. - --- MAP posted-by: Beth Wehrman