STATE HIGH COURT TO ACT QUICKLY ON PETITIONS CASE

Heller Has Until Next Wednesday to File Briefs

CARSON CITY -- The state Supreme Court agreed Thursday to act quickly
in a case that affects two petition questions that could appear on the
fall election ballot.

In an order signed by Justice Nancy Becker, the court gave Secretary
of State Dean Heller until next Wednesday to file legal briefs on why
he thinks the two questions should not appear on the Nov. 2 ballot.
Time is important because early voting begins Oct. 16.

Heller is appealing a decision by District Judge Bill Maddox that
allows residents to vote on a ballot question to raise the minimum
wage by $1 an hour and another that would ban caps on attorneys' fees.
Both petitions are constitutional amendments that require voter
approval this fall and again in 2006.

On the advice of the attorney general, Heller threw out thousands of
signatures gathered for the two petitions on the grounds they did not
include proper affidavits signed by registered voters.

In a July 20 ruling, Maddox reversed Heller, saying the free speech
rights of petition-gatherers outweighed any interest the state has in
a Nevada constitutional amendment requiring the affidavits. He added
the affidavit requirement violates a 1999 U.S. Supreme Court decision
granting citizens access to the ballot.

When the signatures in question are counted, both petitions have more
than the 51,337 signatures required for placement on the November ballot.

After saying he would not appeal Maddox's decision, Heller changed his
mind and filed the appeal. He said the court should rule on the matter
since a similar case has been filed in U.S. District Court in Las
Vegas. Supporters of a petition to let voters decide whether to
legalize small amounts of marijuana are challenging Heller's decision
disqualifying many of the signatures they gathered.

"I strongly believe the Nevada constitution is not a fast-food menu
that you pick and choose which parts you want to uphold and discard
those parts that do not fit your particular agenda," Heller said last
week.