Health groups ask Heller to ‘play fair’

Tuesday, Dec. 28, 2004 | 9:08 a.m.

CARSON CITY -- A coalition of health groups appealed to Secretary of State Dean Heller today to "play fair" in approving the initiative petition to curtail smoking.

The coalition filed its petition with 64,871 signatures to put the smoking restriction issue before the 2005 Legislature. But Heller, acting on the advice of the attorney general's office, said 83,156 signatures were needed, meaning the initiative won't go to the Legislature.

On Dec. 23, Heller sent the official notice to the three groups that had filed initiatives, telling them they came up short. They now have five days to appeal or file a lawsuit suit.

The American Cancer Society, the American Heart Association and the American Lung Association issued a press release today urging Heller to take another look at the issue.

Heller said Monday that he did not anticipate changing the decision. He said he was relying on the advice of the attorney general's office. To reject that legal opinion would open his office to all sorts of lawsuits, he said.

Buffy Martin, government relations director for the Cancer Society, said, "We followed the law and advice given to us by the secretary of state's office, who told us that the number of signatures required was 51,337. Even after following all the rules."

The health coalition and a casino group both filed petitions to restrict smoking in public places.

A petition to allow adults to have one ounce of marijuana was also submitted.

Those backing the petitions believed they had to gather 51,337 signatures of voters by Nov. 9 to qualify. That was based on 10 percent of those who voted in the 2002 election. But they filed their petitions after this year's election but before the deadline of Nov. 9.

The attorney general's office said the 10 percent must be based on the current voter turnout or the 2004 election.

"Our petition was held until the deadline of Nov. 9 for the convenience of county election officials" who asked them to hold off because they were swamped with work related to the Nov. 2 election, Martin said. "Now, after honoring their request, our petition has been thrown out.

"We were never informed throughout the process that we could be held to the 2004 voter numbers but were always given the 2002 numbers."

Heller said his office was never asked whether the petition if filed after the election had to have the 83,156 signatures to qualify. He said he provided the three groups with copies of the law on initiatives and referendums.

Heller said he is aware of the fact that some of the county election officials asked the groups to wait until after the election to file their petitions but his office was not involved in that.

Martin and officials representing for The Regulation of Marijuana have both said they will file lawsuits over the disqualifications. The marijuana petition had 69,261 signatures and the rival smoking petition gathered 74,348 signatures.