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Petition case to go before high court

CARSON CITY -- The Nevada Supreme Court decided Wednesday to hear an appeal Aug. 20 of a district judge's decision that three petitions cannot be placed on the November election ballot.

One of the petitions would divert room tax money from the Las Vegas Convention and Visitors Authority to public education.


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  • Another would take convention authority revenue and spend it on education, transportation and public safety.

    The third would require a two-thirds vote to approve ballot measures that raise taxes.

    District Judge James Todd Russell of Carson City ruled July 2 that the petitions could not be placed on the ballot because of problems with affidavits signed by the petition circulators.

    A law that went into effect July 1, 2007, requires circulators to sign statements that they personally had circulated the petitions, counted the signatures and observed the signing of the petitions, and that each signer had an opportunity to read the full text of the petition.

    But the petition sponsors, former state Treasurer Bob Seale and former state Controller Steve Martin, relied on outdated requirements for circulators that they found on Secretary of State Ross Miller's Web site.

    Russell criticized Miller for not updating the information, declaring it was a shame that Seale and Martin had spent so much time and money on the futile effort. The two men said they had twice as many signatures as needed to place the petitions on the ballot.

    Nonetheless, Russell said Martin and Seale "didn't do their homework" before circulating the petitions.

    Lawyer Scott Scherer, who represents Martin and Seale, said tens of thousands of people had signed the petitions and he thought it was important to appeal to the Supreme Court so their views could be considered.

    Justices need to make a quick decision because voting registrars must know in August what matters will be on the general election ballot.

    Contact reporter Ed Vogel at evogel @reviewjournal.com or 775-687-3901.

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    UNLVStud wrote on July 17, 2008 08:02 PM: As former elected officials, they should've known better. Ignorance of the law is no excuse.


    slm wrote on July 17, 2008 08:42 AM: I agree with Russell's decision. Nice to see a Judge not underminding law from the bench. One can only hope the Supremes put and end to "drive by government".


    ths wrote on July 17, 2008 07:41 AM: More special interests trying to make law through petitions. We need to almost remove petitions from our constitution and work on electing the proper people to state government.

    Can't vote on the no new taxes, but other then that I have no plan person to public office. We need leaders that can make the difficult choices and come up with a master plan that can keep low taxes(might mean a few new minimal taxes or fees for certain industries) and develop diversity within the state economy to prevent the high unemployement because we are so dependent on the descretionary spending industry of tourism.