Pubdate: Wed, 26 Jan 2005
Source: Nevada Appeal (Carson City, NV)
Copyright: 2005 Nevada Appeal
Contact:  http://www.nevadaappeal.com/
Details: http://www.mapinc.org/media/896
Author: Associated Press
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)

COURT HEARS ARGUMENTS FOR SMOKING PETITION

A coalition of health groups says its initiative petition to limit
smoking in public places should be allowed to go to the Nevada
Legislature next month because a state law regarding petition
signatures is ambiguous.

The coalition submitted its opening brief to District Judge Bill
Maddox in efforts to overrule Secretary of State Dean Heller, who
decided the petition lacks the required signatures.

The American Cancer Society, the American Heart Association and the
American Lung Association have joined in a suit asking the judge to
find the petition valid so as to "avoid manifest injustice and
hardship" to the group.

The health alliance gathered 64,871 signatures on its initiative while
an anti-smoking petition supported by casinos and bars submitted
74,348 on its competing initiative. A marijuana petition had 69,261
signatures.

The three groups started their petition drives last year with a goal
of 51,337 signatures, or 10 percent of the number who voted in the
previous general election in 2002. They all submitted their petitions
after the Nov. 2, 2004 election.

The attorney general's office then issued a legal opinion in December
that the required signature count should be 83,563 based on the
returns of the 2004 election, since the petitions had been presented
after Nov. 2.

The Nevada Constitution says an initiative petition must contain
signatures equal to 10 percent or more of the number of voters who
voted at the last preceding general election.

Robert Crowell, attorney for the health coalition, said this phrase is
capable of being understood in two or more ways and is therefore ambiguous.

Crowell said county election officials also asked groups circulating
petitions not to file them before the election because they had too
much work getting ready for the balloting.

The attorney general's office has until Jan. 28 to submit its brief
opposing the health group. 
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MAP posted-by: Richard Lake