Pubdate: Thu, 13 Jan 2005 Source: Las Vegas Sun (NV) Copyright: 2005 Las Vegas Sun, Inc Contact: http://www.lasvegassun.com/ Details: http://www.mapinc.org/media/234 Author: Associated Press Cited: Marijuana Policy Project ( www.mpp.org ) Cited: American Civil Liberties Union ( www.aclu.org ) 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) GROUPS FILE LAWSUIT FOR NEVADA INITIATIVES CARSON CITY, Nev. - A lawsuit challenging the disqualification of Nevada initiative petitions to legalize the use of marijuana and to limit smoking in public places has been filed in U.S. District Court. The lawsuit, filed Wednesday by the American Civil Liberties Union and the Marijuana Policy Project, seeks to force Secretary of State Dean Heller to forward the initiative petitions to the state Legislature. Heller rejected the petitions in December and cited an attorney general's opinion that the groups circulating the measures didn't collect enough valid signatures. He rejected two measures to regulate smoking and the marijuana measure. "We followed all the state's rules from day one," said Neal Levine, director of state policies for the Marijuana Policy Project. "Then, without warning, they changed the rules after we turned in the petition. They have violated our right to due process, and we fully expect to win in federal court." Gary Peck, ACLU executive director for Nevada, said, "To disqualify these petitions is wrong constitutionally and defies common sense. The decision disenfranchises tens of thousands of voters, deprives the petitioners of their due process and First Amendment rights and undermines public confidence in the initiative process and in government generally." The decision by Heller not to submit the petitions to the Legislature is being challenged in state court also. Carson City District Judge Bill Maddox will decide in a Feb. 7 hearing how many signatures the petitions need to qualify. The three groups acted on advice from Heller's office and voting registrars that they needed 51,337 signatures to qualify. Each petition exceeded that total, which was based on the 2002 voter turnout. But the petitions were turned in after the 2004 general election, and the attorney general's opinion said a higher number, 83,156 signatures, was required based on the more recent voter turnout. - --- MAP posted-by: Beth