Pubdate: Wed, 08 Dec 2004
Source: Nevada Appeal (Carson City, NV)
Copyright: 2004 Nevada Appeal
Contact:  http://www.nevadaappeal.com/
Details: http://www.mapinc.org/media/896
Author:  Geoff Dornan
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)

PETITIONS ON MARIJUANA, CIGARETTES AWAIT RULING

Petitions asking the Legislature to legalize possession of marijuana and to 
restrict where people can smoke cigarettes are sitting on the secretary of 
state's desk waiting for a ruling on how many signatures they need to qualify.

The three petitions are in legal limbo because the Nevada Constitution says 
petitions need signatures totaling 10 percent of the number of people who 
voted in the last general election to qualify.

The marijuana petition collected 69,261 signatures, the "Clean Indoor Air 
Act" - banning smoking in most stores, malls, arenas and other areas - was 
signed by 64,828 Nevada voters and the casino industry's Protect Nevadans 
from Secondhand Smoke petition has 74,347 signers.

All three are well above 51,337 signatures - which is 10 percent of the 
total voter turnout in 2002. That was the last general election when 
organizers of all three petition drives began collecting signers earlier 
this year.

But the petitions weren't turned over to the secretary of state's office 
until Nov. 9 - a week after this year's general election.

If "last general election" is interpreted to mean the Nov. 2 vote, none of 
the three petitions would qualify because 831,563 Nevadans went to the 
polls this year, and that means each petition would need 83,157 signers.

Elections Deputy Ronda Moore said the Nevada Supreme Court came to the 
conclusion in a case during the early 1990s, throwing out an attempt to 
recall a Reno city council member and saying "last general election" means 
just that - even if it was just a day before the petitions were turned in.

The decision involved a recall petition, not an initiative petition, and 
the recall language in the constitution has since been changed to prevent a 
repeat of the problem. But since the issue is so similar to the recall 
case, Moore said Secretary of State Dean Heller has asked the Attorney 
General's Office to give its opinion on whether to qualify the three 
petitions for submission to lawmakers.

"I expect the issue will most likely end up in court no matter which way it 
goes," Moore said.
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MAP posted-by: Jo-D