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. - --- MAP posted-by: Richard Lake