Tax hike foes get 35 more days for cause

By Matt Pordum (contact)

Tuesday, June 15, 2004 | 10:57 a.m.

District Judge Kenneth Cory this morning granted a 35-day deadline extension to a group seeking to put two referendums on the Nov. 2 ballot.

Nevadans For Sound Government now has until July 20 to gather signatures for a referendum to repeal last year's $833 million tax increase and another to prevent government workers from serving in the Legislature.

The deadline for filing signatures for the referendum seeking to prevent government employees from serving in the Legislature was today, while the deadline for the tax referendum passed on May 18.

Even with the extension it "will be very difficult to succeed," said Chris Hansen, one of the leaders of Nevadans for Sound Government. "It will be close but we believe we can do it."

Cory also barred the Department of Motor Vehicles, the Regional Transportation Commission, University and Community College System of Nevada from "intimidating or preventing" the group's petitioners "from the full enjoyment of their constitutional rights to free speech and to obtain signatures of individuals on initiative and referendum petitions."

Group members alleged officials at those agencies had prevented their members from gathering signatures at those locations.

Two Nevadans for Sound Government members, Janine Hansen and her son Zachary Triggs, were arrested May 6 on charges of trespassing at the Citifare City Center plaza in Reno while trying to obtain petition signatures.

Other members of the group have clashed with officials while gathering signatures at the University of Nevada, Las Vegas and Department of Motor Vehicles offices in Las Vegas.

"We applaud the judge (Cory) for vindicating the federal and state rights of the plaintiffs in this case and for sending a message to government officials that they need to follow the law." Gary Peck, executive director of the American Civil Liberties Union of Nevada, said. The ACLU is representing Janine Hansen and Zachary Triggs.

The order requires that the officer in charge of a given state building must provide petitioners with a document or map with textual indications of the area petitioners may use to petition as well as provide contact information for a public officer or employee in control of the operation of the state building.

The state agencies do retain the right to change the location of areas designated for petition-gathering as may be necessary to maintain safety and security requirements within a reasonable fashion, Cory ruled.

Cory's ruling came after emergency hearings that lasted 8 a.m. until midnight Friday and 8 a.m. until 9 p.m. Saturday.

Clark County Counsel Mary Miller had argued that the deadlines ensure that county clerks offices have time to prepare in time to send them to absentee voters.

The clerks need time to create committees to write arguments for and against the issues that are going to be on the ballot, print enough sample ballots and early voting ballots and distribute them, she said.

Cory ordered the secretary of state to "advance the formation of the Pro/Con committee" to ensure they would be completed in plenty of time.

Secretary of State Dean Heller said he has told the state Attorney General's Office he doesn't want to appeal the Corey decision. But he said the attorney general or the county clerks are free to try to appeal to the Nevada Supreme Court. He said some county clerks are concerned about the extension interrupting the election.

Clark County Registrar of Voters Larry Lomax said this morning there would be no problem getting the ballots ready in Clark County, but rural counties may have problems, because they are using new electronic voting equipment for the first time this year.

"For every other other county the new equipment is being delivered as I speak," Lomax said. "Employees will need to be trained -- it's not hard, but if not done correctly problems can arise. The problem here is that the training will probably start at the same time the petitions are now being turned in."

Nevadans For Sound Government's attorney, Joel Hansen, has said any inconvenience placed on the counties to work harder to get the referendums on the ballot is less than the inconvenience that Department of Motor Vehicles and University of Nevada Las Vegas employees placed on petition gathers in preventing them from collecting signatures.

Assistant Solicitor General Richard Linstrom has said while he appreciates Hansen's argument, the inconvenience of the entire electorate of Nevada must be weighed against the inconvenience of those in the group.

Sun reporter

Cy Ryan contributed to this story.