Source: Washington Post (DC)
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Copyright: 1998 The Washington Post Company
Author: Bill Miller Washington Post Staff Writer
Pubdate: Tue, 10 Nov 1998

MARIJUANA VOTE SECRET PENDING DEC. 18 HEARING

A federal judge refused yesterday to order the immediate release of results
from last week's vote on a medical marijuana initiative in the District, a
move that means the outcome will remain a mystery for at least five more
weeks.

Despite protests from D.C. officials, who said residents have a right to
know immediately how they voted, U.S. District Judge Richard W. Roberts
said he wants to take a comprehensive look at the legal issues stemming
from an act of Congress that has put the future of Initiative 59 on hold.

The ruling was a setback for D.C. officials and leaders of the American
Civil Liberties Union, who went to court to challenge a congressional
amendment that bars the District from spending money on any initiative that
would "legalize or otherwise reduce" penalties for users of marijuana.
Initiative 59 would permit seriously ill people to use marijuana for
medical purposes. Lawyers for the city and the ACLU wanted a temporary
restraining order to learn the results, a first step in a fight to have the
election results certified.

"I am offended that my own vote cannot be counted, and I am sure that
everybody else in this room is offended that their own votes cannot be
counted," D.C. Corporation Counsel John M. Ferren said during a hearing
before Roberts yesterday. Ferren said 137,523 D.C. residents voted, adding,
"Every day we are not having these ballots counted, our rights are
violated."

Lawyers for the D.C. government and ACLU argued that the congressional
action, sponsored by Rep. Robert L. Barr Jr. (R-Ga.), violates the First
Amendment rights of D.C. residents to vote and be heard on an important
issue.

The judge set a hearing for Dec. 18 so that lawyers for the District, the
ACLU and perhaps Congress can prepare briefs and arguments on the issues.
Justice Department lawyers said they needed two weeks to decide whether to
enter the dispute on behalf of Congress, and they urged Roberts not to
order the release of the tally.

Because ballots had been printed by the time Congress passed Barr's
amendment on Oct. 21, the vote still took place. A computer automatically
tallied results, following a preset program, but it didn't output the
Initiative 59 count. D.C. officials said doing so would entail a push of a
button -- and $1.64 in labor.

Voters in five states passed similar initiatives last week. Congress moved
to block the measure in only one place -- the District -- acting in its
role as the final decision-maker on D.C. budget issues.

Ferren said it was "virtually silly" for Congress to act before the
election because Congress has veto power over D.C. legislation. The
initiative's supporters said they want to know the vote now so they can
begin a campaign that would urge Congress to honor the wishes of D.C.
residents.

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Checked-by: Joel W. Johnson