Pubdate: Fri, 08 Aug 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Dan McKay
Page: A1
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

POT PETITION SIGNATURE DRIVE COMES UP SHORT

Supporters: City Clerk's Office 'Arbitrarily' Disqualified Names

The petition drive to reduce marijuana penalties failed to collect 
enough valid signatures to trigger an election on the issue, 
according to figures released by the Albuquerque City Clerk's Office.

But supporters of the marijuana campaign say city staffers 
arbitrarily disqualified many of the signatures they gathered for 
reasons that either weren't clear or for something as simple as a 
person signing their name as "Matt" instead of "Matthew."

Pat Davis of Progress Now New Mexico, which worked on the campaign, 
said supporters of the effort are meeting with attorneys to go over 
their options.

"Our concern is, we don't know what the real number is because the 
process was so arbitrary," Davis said in an interview. "We know we 
had enough signatures to do this."

Acting City Clerk Trina Gurule said the allegation of arbitrary 
disqualifications "is incorrect."

Workers are trained to accept a signature as valid even if there's 
slight variation, such as a missing middle initial or a "Matt" 
instead of "Matthew," from what's on the voter's registration card. 
The marijuana campaign turned in 15,916 signatures, the clerk said. 
Out of those, only 9,172 were approved as having come from valid, 
registered city voters, according to the city.

That's a problem because 14,218 signatures are required under the 
City Charter to trigger an election on the issue, the city says.

Even that figure is the subject of some dispute. The city initially 
told the marijuana campaign that only 11,203 signatures were needed.

After the group turned in its signatures, the city said it had made a 
mistake - that the higher number is required because it's equal to 20 
percent of the turnout in the last mayoral election. Someone had 
simply made a mistake in figuring out what turnout figure to use in 
calculations, city officials said.

"We will make some quick decisions with our attorneys on how to go 
forward to stand up for the voters" who signed, Davis said.

The petition drive is aimed at reducing the penalty for possessing 
small amounts of marijuana.

A city ordinance now calls for a fine of up to $50 and as many as 15 
days in jail for possession of an ounce of marijuana.

The proposal seeks to make the maximum penalty a $25 fine and no jail 
time. Possession of marijuana would be "a lowest law enforcement priority."

Nevertheless, off icers would still have the option to cite people 
under a more stringent state law, which says a person who has an 
ounce or less of marijuana is guilty of a petty misdemeanor and 
subject to a fine of at least $50. The maximum penalty for a first 
offense is a fine of $100 and 15 days in jail under state law.

There's also debate over whether the proposed marijuana ordinance, if 
enacted, would be pre-empted by state law, anyway. Cities generally 
have the freedom to enact laws that are at least as strict as the 
state's, but not to relax them. The relaxed pot penalties in 
Albuquerque would be vulnerable to a legal challenge, according to an 
assistant city attorney.
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MAP posted-by: Jay Bergstrom