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News (Media Awareness Project) - US NV: Column: People Before Policy
Title:US NV: Column: People Before Policy
Published On:2004-08-04
Source:Las Vegas City Life (NV)
Fetched On:2008-01-18 03:28:23
PEOPLE BEFORE POLICY

Something disturbing is going on. The rubes challenging four of
Nevada's 10 petition efforts prove this.

The feat to gather the necessary signatures is monumental, causing any
reasonable person to believe few efforts will pass the first test. But
when one does, it enters dangerous and desolate territory, populated
by sniping government officials and interest groups looking to revoke
the right of voters through technicalities.

It's the strangest of spectator sports I've ever witnessed, the
nastiest tug of wars. And while I disagree with most petition content,
one thing is concrete -- I believe in the process. But without money,
workers and a few damn good attorneys, it is a process practically
impossible to exercise.

Only registered voters can sign petitions. This immediately excludes
60 percent of Nevada's population. Even if someone who signed a
petition is registered, another registered voter must sign an
affidavit verifying all signatures on a petition are valid. That
person is usually the signature gatherer.

But the signature gatherer isn't always registered. The person is
commonly a hired hand from another state. This requires someone who
already signed the petition to sign a second affidavit, indicating all
signatures on a sheet are valid. If not, the entire sheet is invalid.

Also, signatures must be collected in 13 of Nevada's 17 counties. This
makes a Hancock in desolate Esmerelda County more valuable than one in
densely populated Clark County. While a Ninth Circuit Court of Appeals
ruled signatures only need to be collected in one, state officials
still require 13.

Furthermore, the petitions must attach all language of an act or
resolution. While this language may be more confusing than a
bottom-line summary, the latter is insufficient.

Six initiatives look like they will see the light of November's
ballot. Four are in limbo.

Backers of the initiative to legalize marijuana submitted more than
65,000 signatures, but 15,000 are in question because they don't have
the second signature. This matter is in U.S. District Court. So far,
50,088 signatures are valid and 1,249 more are needed.

Based on Nevadans for Sound Government's voter verification system,
the referendum to repeal $833.5 million in taxes acquired enough
signatures. But the Nevada Taxpayers Association is challenging the
constitutionality of it. Not all bill language was included on the
petition, the association claims.

Secretary of State Dean Heller rejected two other measures -- one to
raise the minimum wage a dollar over the federal minimum and one to
penalize lawyers who defend frivolous lawsuits. Heller followed the
advice of the attorney general's office and disregarded 13,994
minimum-wage signatures because they did not have the second
signature. This made the petition fall 2,618 signatures shy. The
frivolous lawsuit measure is currently 1,500 signatures short, also
thanks to the affidavit problem. District Court ruled in favor of the
initiative backers, but Heller is appealing to the state Supreme Court.

To me it seems like the state is just overloading itself with work.
Why check two signatures when only one is needed -- the friggin'
person who signs and supports an initiative?

But more rules means government officials have a greater opportunity
to prevent the public from taking a part in politics. In a time when
the state picks and chooses which laws it will follow, government and
special interest groups should back off when more than a wealth of
Nevadans -- valid voters or not -- support an issue. Anything else
proves the people's concerns are not a priority.
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