Las Vegas Sun

March 29, 2024

Ruling clarifies state statute on gathering petition signatures

In extending the deadline for a group trying to gather signatures for two ballot initiatives, District Judge Kenneth Cory provided a much-needed interpretation of Nevada's unclear statute on petitioners' rights on public property, parties on both sides of the issue said on Tuesday.

The judge ruled early Tuesday morning that the Department of Motor Vehicles, the Regional Transportation Commission and the University of Nevada, Las Vegas, intimidated canvassers for the group, Nevadans for Sound Government, and obstructed their constitutional right to free speech.

The group, which wants to repeal last year's tax increase and bar government employees from serving in the state Legislature, was elated by the decision and saw an immediate surge in support and funding, members said.

"Democracy won and bureaucracy lost" in the decision, said Joel Hansen, the lawyer for the petitioning group. "The people of the state of Nevada triumphed over the opposition of the government to have these initiatives on the ballot."

But the government agencies whose actions were on trial in the case said they are still unsure how to proceed. They said the decision, while helpful, needs further explanation. And election officials say the deadline extension will put them under major strain as they prepare the Nov. 2 ballot.

George Harris, the director of Nevadans for Sound Government and the plaintiff in the case, said the group raised $11,000 on the strength of the decision Tuesday morning.

He said 22 people were gathering signatures across the state Tuesday afternoon.

The group had more than 40,000 signers for its "Axe the Tax" proposal and more than 20,000 for the legislative measure, Hansen said on Tuesday morning. The petitions each need 51,337 valid signatures from registered voters to get on the ballot; that number must include 10 percent of the voters in 13 of the state's 17 counties.

The decision has invigorated the group's activists, Harris said. "The government's employees are not going to conspire to throw us off the property anymore," he said. "This neuters the government's ability to stop free speech."

Not only his group would benefit, Harris said. "Other groups will say, 'Hey, we can do this, we won't be hindered.'th"

Per the judge's order, those petitions are now due July 20. No plans to appeal were in the works on Tuesday, although some of the lawyers involved said an appeal was not out of the question.

The Washoe County RTC, however, plans to ask the judge to clarify his explanation of the statute involved, Stan Peck, the commission's chief legal counsel, said. "We would like a little more detail, particularly as it relates to the conditions on the use of our property," Peck said.

According to the judge's decision, government agencies cannot require signature-gatherers to give advance notice of their intention to canvas on a public property, just to declare their presence once they arrive.

Peck said the Washoe RTC was in the process of changing its policies to eliminate advance notice requirements. In addition, no longer will signature-gatherers be required to sign a consent form saying they understand the commission's rules, he said, a measure the group's activists saw as signing away their rights.

Two members of Nevadans for Sound Government were arrested last month as they tried to collect signatures at the Reno bus hub. They claim they refused to sign a form or to leave the property.

But the Washoe RTC is still unsure whether it can keep some of its other requirements, such as not allowing more than two tables or more than three signature-gatherers in the area it has designated for canvassers at the Reno station. The commission also prohibits use of loudspeakers or the display of literature it considers profane.

Peck said it is not clear whether these rules are allowable "time, place and manner" restrictions under the First Amendment.

Kimberly Buchanan, the lawyer for the state Department of Motor Vehicles, said agencies are worried they could unintentionally get in trouble because they just don't understand the judge's order.

"We fully intend to comply with the contents of the order, but when things aren't absolutely clear, we need guidance so that plaintiffs don't allege violations in matters where the statutory interpretation isn't clear," Buchanan said.

The DMV changed its policy when the Secretary of State in September ruled in favor of the same petitioners and has taken steps to make sure everyone at the agency understands the rules, Buchanan said.

In addition to setting rules for the agencies, the decision clarifies rules for the petitioners, DMV spokesman Tom Jacobs said.

"The bright spot in all this is that George Harris said under oath that his organization is willing to comply with the judge's decision, which says they (signature-gatherers) have to announce their presence," he said. "That has not always happened in the past."

UNLV, for its part, believes there was never any problem with its policy and the arrest in May of two petitioners at a speech by first lady Laura Bush was an isolated incident, university spokeswoman Hilarie Grey said.

"The judge's decision didn't seem to take issue with our designated area" for canvassers, Grey said. Rather, the decision focused on the issues of advance notice and giving signature-gatherers a map, and UNLV was already in compliance with those requirements, she said.

Meanwhile, although many think the group is unlikely to get enough signatures even with the extension, election officials worry about the strain they say late petitions would put on their preparations.

"If you believe their (activists') testimony, they're not going to turn them in anyway, because they said repeatedly that that's not enough time," Clark County Registrar of Voters Larry Lomax said.

The group asked for 60 days' extension and got just 38. On Saturday, Joel Hansen said it would take "a miracle" to get enough signatures by July 20.

During Saturday's trial, Ronda Moore, the deputy secretary of state for elections, testified that the election was "hanging by a thread." Lomax said Tuesday that Clark County already has an unprecedented number of petitions to process this year.

"This is a really tough election for us as it is," he said.

On Tuesday, another group of petitioners had already seized on the verdict to declare they would apply for an extension for their own failed petition drive, fulfilling election officials' fears that the verdict would encourage others to protest the deadline.

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