Pubdate: Mon, 24 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
Note: by Sun Capital Bureau
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/topics/marijuana+initiative
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

COURT HEARS ARGUMENTS FOR SMOKING PETITION

CARSON CITY -- A coalition of health groups says its initiative
petition to limit smoking in public places should be allowed to be
presented to the Legislature next month because a law regarding
signatures is ambiguous.

The coalition submitted its opening brief Thursday to District Judge
Bill Maddox, who is being asked to overrule Secretary of State Dean
Heller, who decided the petition lacks the required signatures.

The American Cancer Society, the American Heart Association and the
American Lung Association have joined in a suit asking the judge to
find the petition valid so as to "avoid manifest injustice and
hardship" to the group.

The state attorney general's office was expected to file its answer
today in a federal court in Las Vegas to a suit brought by the
National Marijuana Policy Project that wants its petition to allow
adults to have one ounce of marijuana submitted to the
Legislature.

The attorney general is expected to argue that the federal court
should dismiss the federal suit and allow it to be decided in Nevada
state courts. Oral arguments in that case are set for Friday in Las
Vegas.

The health alliance gathered 64,871 signatures on its initiative, an
anti-smoking petition supported by casinos and bars submitted 74,348
on its competing initiative and the marijuana petition had 69,261 signatures.

The three groups started their petition drives last year with a goal
of 51,337 signatures, or 10 percent of the number who voted in the
previous general election in 2002. They all submitted their petitions
after the Nov. 2, 2004 election.

The attorney general's office then issued a legal opinion in December
that the required signature count should be 83,563 based on the
returns of the 2004 election, since the petitions had been presented
after Nov. 2.

The Nevada Constitution says an initiative petition must contain
signatures equal to 10 percent or more of the number of voters who
voted at the last preceding general election.

Robert Crowell, attorney for the health coalition, said this phrase is
capable of being understood in two or more ways "by reasonably
well-informed persons" and is therefore ambiguous.

Where the Constitution is not clear, Crowell said the court must look
to the intent of the Legislature. In this case, he said the intent was
to give voters a chance to enact their own laws, without the
concurrence of the Legislature.

Crowell said the county election officials also asked those groups
circulating petitions not to file them before the election because
they had too much work getting ready for the balloting. He also said
the petitioners relied on information contained in the publication by
the secretary of state that the last day to submit an initiative was
Nov. 9. All three had been submitted on or before that date.

The attorney general's office has until Jan. 28 to submit its brief
opposing the health group. 
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MAP posted-by: Richard Lake