POT BACKERS NOT GIVING UP

Supporters of a measure that would legalize the medicinal use of marijuana
asked the Colorado Supreme Court on Friday to order county clerks to tally
the votes cast for and against the controversial initiative on Nov. 3.

The action came after Coloradans for Medical Rights said they had heard
that a number of county clerks around the state were "locking down'' voting
devices in their counties so they wouldn't record the votes cast for the
measure.

The group believes it will be able to show in court early next week that
there are enough valid petition signatures that the votes should be counted.

Luther Symons, spokesman for Coloradans for Medical Rights, the measure's
sponsor, said it would be tragic if the votes can't be tallied because the
voting machines have been programmed not to count the votes.

"The worst-case scenario is if it is finally determined that we deserve to
be on the ballot but the voting machines have been locked down'' and the
vote is not counted because of that, said Symons on Friday.

Symons said that after hearing the machines were being "locked down,'' the
group asked Secretary of State Vikki Buckley to order the county clerks to
tally the votes.

The group decided to ask the Supreme Court to intervene and force Buckley
to issue such an order only after Buckley refused the group's request, said
Symons.

Assistant Attorney General Maurice Knaizer, who represents Buckley, said
late Friday that Buckley is advising any of the 63 county clerks who ask
that they should not count the votes. Knaizer said that his understanding
is that the voting machines are being programmed by at least some of the
clerks so they will count the votes but not download them.

Knaizer said that he filed a response on behalf of Buckley with the Supreme
Court late Friday.

He said that the state's position is that the votes should not be tallied.
However, if another round of court proceedings determines there were
sufficient petition signatures, the matter should be placed on the ballot
in two years, he said.

Coloradans for Medical Rights has been in a running battle with Buckley
over whether the measure should be on the ballot.

On various occasions, Buckley has ruled that the sponsors didn't have
enough valid petition signatures to place the initiative on the ballot.
Denver District Judge Herbert Stern, however, eventually ordered the
measure on the ballot.

But later the Colorado Supreme Court told Buckley she should count the Nov.
3 votes only if a signature-by-signature recount of the 88,815 signatures
showed there were enough for it to be on the ballot.

A week ago, Buckley said she had completed the Supreme Court-ordered
recount.

The recount showed that the petitions submitted by supporters fell 2,338
signatures short of the 54,242 valid signatures needed for qualifying, said
Buckley.

But Coloradans for Medical Rights immediately began their own examination
of the approximately 36,000 signatures Buckley claimed were invalid, said
Symons.

And Symons said Friday that so far the group has found numerous errors by
the secretary of state's office. On the basis of the errors, Symons said
that the group believes it can go into court next week and show it has
found at least another 3,200 valid signatures. Armed with that, said
Symons, the group will ask that the ballots be counted.

The Supreme Court did not rule on the motion Friday, but could rule as
early as Monday, a court spokesman said.

Checked-by: Matt Elrod