Pubdate: Thu, 02 Sep 2004
Source: Las Vegas Sun (NV)
Copyright: 2004 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Source: Las Vegas Sun (NV)
Author: Cy Ryan, Sun Capital Bureau
Cited: The Committee to Regulate and Control Marijuana (CRCM) 
http://www.regulatemarijuana.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)

BACKERS CONFIDENT OF POT PETITION

CARSON CITY -- While disappointed by the latest development in its
ongoing quest, a group supporting the marijuana initiative petition is
predicting that voters will get to cast their ballots on the issue in
November.

Secretary of State Dean Heller said Wednesday that a recount of the
petition showed the organization had 49,412 signatures of registered
voters, or 1,925 short of the required 51,337.

Jennifer Knight, director of communications for the Committee to
Regulate and Control Marijuana, said it believes it will win its case
in the 9th U.S. Circuit Court of Appeals, a victory that would result
in 2,300 extra votes. That would be enough to put the issue on the
election ballot.

The appeals court has indicated it will rule before
Tuesday.

Meanwhile, the secretary of state's office said the initiative
petition to bar public employees from serving in the Legislature also
failed. It ended up with 44,548 signatures in the second recount of
the petition.

George Harris, president of Nevadans for Sound Government that
promoted the petition, said other avenues are being examined to get
the issue on the ballot. "If the petition is dead, we are still going
to make sure there is integrity in the process."

The secretary of state's office earlier said the petition to repeal
the $833.5 million tax increase was 1,600 short of the required 51,337
and does not qualify for the election ballot.

District Judge Bill Maddox on Wednesday dismissed the suit of the
Nevada Taxpayers Association that sought to keep the tax petition off
the ballot. He said the validity of the referendum petition is "not
ripe for decision," since the issue doesn't have enough signatures to
qualify for the ballot.

Joel Hansen, attorney for Nevadans for Sound Government that sponsored
the repeal petition, said of the judge's decision: "We won," noting
that Judge Maddox also ruled that the taxpayers association did not
have standing to sue.

Hansen said his group will file an appeal today (Thursday) in the
Secretary of State's office that the petition should be on the ballot.
Supporters of the tax repeal were given an extra 35 days by District
Judge Ken Cory to gather signatures because of their allegations they
were hampered in circulating the petitions at government buildings.

Hansen said Clark County Voter Registrar Larry Lomax testified at the
hearing before Cory that he had to have all of the signatures in by
July 20 to complete the counting process. He said it is now Sept. 1
and they are still counting. He said his group deserved an added five
to ten days to get the signatures and that they were coming in at
1,000 a day.

Representatives for the marijuana and public employees initiatives
complained about the recount process in Washoe County.

The marijuana petition had 14,117 registered voters after the first
count in Washoe County. After a full count of all the petitions, it
ended up with 12,685. The public employees prohibition ended up with
3,985 in Washoe County after getting credit for 4,818 in the first
tally.

Knight said "there were "substantial fundamental flaws in Washoe's
verification system."

There were computer glitches in Washoe County and temporary county
workers did not seem to be concentrating on the recount. They were
required to perform other duties such as answering the telephones
while verifying signatures. And election officials never
double-checked the signatures that were rejected.

She said that problem did not occur in Clark County.

Harris said the recounting problems were "most egregious" in Washoe
County. The experienced county employees were not used but temporary
workers were brought in. "There was inexperience and incompetence," in
Washoe County, Harris said.

Knight said the issue before the Ninth Circuit Court of Appeals
involves 2,300 persons who registered to vote the same day they signed
the petition to allow adults to possess one ounce of marijuana.

These voter registrations were not turned in the same day but were
delayed in being presented to the registrar of voters. So these
signatures were disqualified.

The signatures of those registering to vote had to be turned in the
same day as they signed the petition or postmarked the same day. That
precluded circulators from turning in signatures and voter
registrations on Sunday because the Post Office does not postmark mail
on that day.

"This has been the most tumultuous election cycle that I can remember,
and it didn't have to be this way if election officials and the
secretary of state's office would have applied some consistency to the
process."

The Nevada Supreme Court is considering the challenges to two
initiative petitions involving raising the minimum wage and
prohibiting a limitation on awards in tort suits. District Judge Bill
Maddox ruled Wednesday that independent presidential candidate Ralph
Nader could be on the state's general election ballot. 
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MAP posted-by: Richard Lake