Source: Denver Post (CO) Contact: http://www.denverpost.com Pubdate: Sat, 05 Sep 1998 Author:: Howard Pankratz, Denver Post Legal Affairs Writer POT PETITIONERS SUE BUCKLEY Supporters of a measure that would legalize the medicinal use of marijuana sued Secretary of State Vikki Buckley on Friday, claiming Buckley has improperly kept the issue off November's ballot. The lawsuit claims that an embattled Buckley, whose office has seen a spate of resignations and firings in the past few years, conducted an error-plagued review of the 88,815 signatures submitted to her by Coloradans for Medical Rights. Using a random sampling technique, Buckley ruled that only 47,960 of the 88,815 signatures were valid and did not meet the 54,242 signatures needed to put the measure on the ballot. But Ed Ramey, lawyer for Martin Chilcutt, one of the initiative's proponents, said that a thorough review of the secretary of state's random sampling technique showed it was severely flawed. He noted that Buckley "issued an improper and unauthorized statement of insufficiency (not enough valid signatures) on the last possible day for issuance of such a statement,'' the 30th day after the signatures were turned in. As a result, Chilcutt and Ramey will be in court Friday where they will ask Denver District Judge Herbert Stern to place the measure on the ballot. "The argument is that if the secretary of state does not act within 30 days, the petition is deemed sufficient,'' he said. Buckley has twice missed 30-day deadlines for reviewing petitions and, as a result, two other initiatives have been placed on the ballot by default. They are initiatives on term limits and parental notification for abortions involving minors. (An item in Friday's Post incorrectly said the term-limits initiative had been found to have enough valid signatures.) The marijuana initiative would allow people with "debilitating medical conditions,'' such as cancer and AIDS, to legally possess and use marijuana as a form of treatment. Ramey said an independent review of the secretary of state's sampling technique, which included an entry-by-entry analysis, showed that of the 4,482 signatures Buckley used as a random sample, 225 signatures were determined invalid which, in fact, were valid. Ramey also noted that the independent review found other "methodological errors'' including miscalculation of the sample size, data entry errors, coding errors and corruption of the random sample by the "statistically improper practice of including the next signature line following a blacked-out signature entry.'' In actuality, the random sampling should have shown that 52,312 of the signatures are valid, or 96.4 percent of the 54,242 required, the suit contends. Under Colorado law, said the lawsuit, any time the random sample verification establishes that the number of valid signatures is greater than 90 percent but less than 110 percent, the Secretary of State is required to examine each signature collected. If Stern declines to place the measure on the ballot outright, Ramey said he will ask the judge to order Buckley to do a line-by-line review of the 88,815 signatures as required by law. But he noted that by law, Buckley must certify which measures are on the ballot 50 days before the election, or no later than Sept. 14. Because Buckley probably could not complete a review of the 88,815 signatures by then, Ramey said he may ask the judge to place the measure on the ballot anyway. Of the staff currently working in the secretary of state's elections office, only one is an experienced elections office clerk. REVIEWING PETITIONS In reviewing petitions for election ballot initiatives, the Colorado secretary of state is required to conduct a random sampling of no less than 5 percent of the signatures and never less than 4,000 signatures. If the secretary's random sample establishes that the number of valid signatures is 90 percent or less of the required number of signatures, the measure is ruled insufficient to be on the ballot. If the random sample verification establishes that the number of valid signatures is greater than 90 percent but less than 110 percent of the required signatures, the secretary of state is required to conduct a review of each signature filed. The secretary is required to rule on the sufficiency of the submitted signatures within 30 calendar days of submission. Otherwise, the measure automatically is placed on the ballot. - --- Checked-by: Don Beck