Source: The Gazette (Colorado Springs), Pubdate: Fri, 30 Oct1998 Copyright: 1998 The Gazette Contact: Website: http://www.gazette.com/ Author: Mary Boyle, The Gazette COURT SNUFFS POT INITIATIVE'S LAST-GASP EFFORT Measure To Appear On Ballot, But Votes Won't Be Counted DENVER - The Colorado Supreme Court on Thursday refused to order county clerks to count votes cast in connection with a proposal to legalize the medicinal use of marijuana, effectively ending a battle to allow voters to decide the issue Nov. 3. The measure, known as Amendment 19, will appear on the ballot. But Colorado's 63 county clerks are under orders from Secretary of State Vikki Buckley to ignore votes cast. Buckley ruled earlier this month that proponents lacked the 54,242 valid signatures needed to qualify for the ballot. "For all intents and purposes, we will not be able to officially gain a spot on the 1998 ballot," said Luther Symons, spokesman for Coloradans for Medical Rights, which supported the pot proposal. Maurice Knaizer, a deputy attorney general representing Buckley, called the court's decision good news because it will allow an orderly election process. "That has been our main concern," Knaizer said. Proponents, however, will continue to pursue a legal challenge to Buckley's Oct. 16 ruling that disqualified pot from the ballot. They say Buckley incorrectly ruled invalid more than 2,600 signatures and failed to review nearly 7,700 additional signatures during a court-ordered review of all 88,815 signatures. Their hope in pursuing that lawsuit after Election Day is to win a spot on the ballot in 2000. "The battle is over, but not the war," Symons said. The high court's refusal to intervene was the second defeat in as many days for Martin Chilcutt, Amendment 19's main sponsor. A Denver district court judge on Wednesday also refused to order county clerks to tabulate votes for Amendment 19, largely because the state Supreme Court was considering the issue. "We're pretty much out of legal options now," Symons said. Chilcutt has been fighting to get on the ballot since Aug. 7, when he submitted signatures in support of the measure that would allow people with a debilitating illness to use pot to relieve their pain and nausea. The measure has been ruled on and off the ballot, frustrating supporters and opponents alike. The state's high court already stepped in once, ordering Buckley - at her request - to conduct a line-by-line recount of the signatures. She concluded proponents fell 2,338 short. The legal skirmishes have raised questions about Buckley's operation of her office. Two employees told The Gazette that they did not finish verifying signatures by the high court's deadline on Oct. 16. Buckley's opponent, Democrat Ric Bainter, has accused her of lying to the Supreme Court. As the legal battle has raged, the proponents have continued to advertise and campaign on behalf of Amendment 19. They say their money has not been wasted and predict the effort will pay off in 2000. Symons said Coloradans for Medical Rights is asking residents to vote on the marijuana measure, even though their ballot may not be counted. "We plan to do some sophisticated exit polling to demonstrate (the measure) would have won," Symons said. "We want to reassure our supporters in the state that this was a worthwhile effort." - --- Checked-by: Richard Lake