Petition for tax repeal runs out of time

Tuesday, May 18, 2004 | 11:07 a.m.

CARSON CITY -- The Nevada Supreme Court on Monday refused to grant an extra 60 days for the gathering of signatures, effectively killing the referendum petition seeking a repeal of the $833 million tax increase.

Today was the deadline for filing the petition to qualify it for the November ballot. Backers of the referendum needed the signatures of 51,134 registered voters.

George Harris, the author of the petition, said Monday the group is about 6,500 signatures short. He filed suit in the Supreme Court last week saying the group should have extra time because of harassment by public officials at government buildings.

Harris said he had hoped that even if the extension was denied, the court would issue an order to stop the public agencies from interfering with the circulation of the petition.

Las Vegas attorney Jonathan Hansen and his father, Joel Hansen, filed the lawsuit on behalf of the group, Nevadans for Sound Government, led by Hansen and Harris.

Jonathan Hansen said he wasn't surprised by Monday's ruling.

"What can you expect from the court that threw out the Constitution?" he asked, referring to last year's ruling that the Legislature did not need a two-thirds vote to pass taxes.

The Supreme Court, in a 5-1 order Monday, said the petition for a writ of mandamus "presents significant factually issues" and should be submitted first to the district court. It said the petition would require an investigation into specific facts and circumstances surrounding each incident and how it may have hindered Nevadans For Sound Government.

Justice Mark Gibbons dissented, saying he would have ordered an expedited answer from the defendants, who were the state Department of Motor Vehicles, UNLV and the Regional Transportation Commission of Washoe County.

Justice Michael Douglas withdrew from the case when Joel Hansen, three days after the suit was filed, entered the race for the Nevada Supreme Court, opposing Douglas. Joel Hansen said the two events are not connected. He said he had been considering running for the court but had not made a final decision when the suit was submitted.

Jonathan Hansen said the state's highest court should have granted the extension. He had submitted affidavits of people who had been tossed off of government property, and there was no dispute about what went on, he said, adding that the other side had not submitted any documents.

Jonathan Hansen said he wants to talk to his clients first before making a decision about what to do next. Nevadans for Sound Government could file the lawsuit in the district court, but "I don't know if we have the time or the resources" for that, he said. Another petition drive by Nevadans for Sound Government is still alive.

The group is circulating an initiative petition to amend the Constitution to prohibit government employees from serving in the Legislature.

The deadline to submit that petition is June 15, and proponents need 51,134 signatures of registered voters, but that total must include 10 percent of the voters in 13 of the 17 counties signing the initiative to qualify it for the ballot.