Pubdate: Fri, 30 Oct 1998 Source: Denver Post (CO) Contact: http://www.denverpost.com/ Copyright: 1998 The Denver Post Author: Howard Pankratz, Denver Post Legal Affairs Writer JUSTICES WON'T OK POT VOTE Oct. 30 - Amendment 19 died Thursday when the Colorado Supreme Court refused to order county clerks to tally the votes cast for and against the medical marijuana initiative. The amendment will appear on electionday ballots - it is too late to remove it - but the votes will not be tallied. The Supreme Court ruling was the second defeat within 24 hours for Coloradans for Medical Rights, which had sought emergency rulings in both Denver District Court and in the Supreme Court requesting an Amendment 19 tally. Secretary of State Vikki Buckley had repeatedly ruled that Coloradans for Medical Rights, the sponsor of the amendment, had failed to present sufficient petition signatures for the matter to be placed before voters. But the group had gone to court claiming that Buckley had failed to make an accurate assessment of the validity of the 88,815 signatures submitted. The group now believes that it eventually will win a court fight based on a lawsuit filed Wednesday against Buckley in Denver District Court. The suit claims that a check of Buckley's figures shows there were 290 more signatures than constitutionally required to place the measure on the ballot. "Obviously we are very disappointed,'' said Luther Symons, spokesman for Coloradans for Medical Rights. "We tried everything we could think of. And unfortunately the courts didn't see things our way on these various emergency motions. But we think ultimately on a full trial on the merits the court will determine we were right. "We remain confident that when all is said and done that we will be able to prove that the secretary of state was wrong in her assessment of our signatures. We deserved a place on the 1998 ballot, but since we can't have that we should be awarded a place on the 2000 ballot,'' Symons said. 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. Maurice Knaizer, the deputy attorney general who represented Buckley, said Thursday's Supreme Court ruling clears the way for Denver District Judge Connie Peterson to review the allegations made in Wednesday's lawsuit. In September, Denver District Judge Herbert Stern ordered Buckley to put the initiative on the ballot - despite her finding of insufficient petition signatures. After the ballot was printed, the Supreme Court ordered Buckley to recount the 88,815 signatures. Votes on the amendment would be tallied only if there were sufficient signatures, the court ruled. Buckley said the recount showed that there were not enough valid signatures. And that resulted in initiative supporters seeking the emergency rulings from the Supreme Court and Peterson. Knaizer said Thursday that the state believes there must be a "final and complete determination'' that enough valid petition signatures exist before an initiative can be placed on the ballot. "Basically all we wanted to do was to make sure that an orderly process was established,'' the deputy attorney general said. "We have to look not only to this case but to all future cases. "To us, the process is the most important issue,'' he said. Symons said that Coloradans for Medical Rights has spent about $650,000, including about $100,000 in legal fees. However, he said he expects the total bill to be higher because the cost of hiring dozens of temporary employees to check Buckley's work has yet to be factored in. - --- Checked-by: Don Beck