State sued over rules on petitions

Wednesday, Nov. 19, 2003 | 11:16 a.m.

CARSON CITY -- A lawsuit has been filed in federal court by a state senator and a longtime Southern Nevada political figure to make it easier to amend Nevada's Constitution and change state laws.

Sen. Sandra Tiffany, R-Henderson, and anti-tax activist Dan Burdish have joined with two national groups in the lawsuit filed in Las Vegas seeking to invalidate a measure in the Nevada Constitution that requires initiative petitions for new laws or a constitutional change to gather 10 percent of the signatures in 13 of the state's 17 counties.

Tiffany circulated a petition several years ago to split the Clark County School District, but she failed because she obtained the required signatures in only 12 of the 17 counties.

The suit, filed by attorneys Paul Grant of Englewood, Colo., and Craig Mueller of Las Vegas, says that Nevada's population is unevenly distributed throughout the counties.

"The multi-county distribution requirements to qualify initiatives for the ballot give more weight to the participation of voters in sparsely populated areas than to the participation of voters in more densely populated areas, and that is the constitutional concern that prompts this action," the lawsuit says.

Tiffany and Burdish said in a statement the suit was prompted by Attorney General Brian Sandoval's decision to continue to enforce that provision despite a ruling in the 9th U.S. Circuit Court of Appeals in an Idaho case.

Sandoval said he has not seen the suit. But he added that a legal opinion from his office about the requirement could be issued by the end of the week. He said the Idaho law is "clearly distinguishable" from the Nevada Constitution.

Secretary of State Dean Heller said today he had asked Sandoval for advice on whether the Idaho decision applies in Nevada.

The appeals court ruled that an Idaho law requiring a certain number of signatures from several counties to be invalid. Tiffany and Burdish maintain that decision should apply to Nevada.

Joining Tiffany and Burdish in the suit were U.S. Term Limits and the Initiative and Referendum Institute, both nonprofits of Washington, D.C.

Tiffany and Burdish are asking the federal court to declare the provision unconstitutional and to issue a preliminary injunction against Heller and Gov. Kenny Guinn from enforcing it.

Heller said the 9th Circuit Court suggested there could be a requirement to collect the signatures in a certain number of state Senate or Assembly districts. That would make it tougher for an initiative petition, the secretary of state said.

Meanwhile, a group headed by Burdish filed a new petition has been filed to repeal the payroll tax.

Burdish said he has a "major problem" with the earlier petition filed by Nevadans for Sound Government because it may not comply with the state Constitution.

Burdish said today he will start in January gathering the 51,243 signatures to put the issue on the November ballot.

Burdish's group is called Nevadans for Tax Restraint, and the petition includes the language of the law that is to be repealed. He said it is necessary to have the language on the petition so that the person signing it knows what it is about.