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.
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MAP posted-by: Beth Wehrman