Senator wants rural input on petitions

Wednesday, Feb. 23, 2005 | 8:50 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A suggested constitutional amendment to change the system for collecting signatures on initiative petitions was described by opponents as a logistical nightmare.

Sen. Dean Rhoads, R-Tuscarora, has introduced Senate Joint Resolution 3 to require that initiative petitions, to qualify for the ballot, must have signatures of registered voters equal to 4 percent of the population in each of Nevada's 42 Assembly districts.

Rhoads told the Senate Committee on Legislative Operations and Elections that the proposal was not an effort to eliminate the initiative petition but to give rural voters a voice. He said many vital industries in rural Nevada would be in jeopardy under the present system.

But Janine Hansen, representing Eagle Forum, and others testified it would make it impossible for volunteer groups to gather the signatures in all of the Assembly districts.

Sen. Barbara Cegavske, R-Las Vegas, the chairwoman of the committee, said no action would be taken on the resolution until other election bills are before the committee so there can be a comprehensive look. This resolution would have to pass this Legislature and the 2007 session and then be ratified by the voters.

U.S. District Judge James Mahan declared Nevada's Constitution on initiative petitions invalid. It requires that the petition bear the signatures of 10 percent of the registered voters and there must be 10 percent in 13 of the 17 counties. The county requirement was struck down by Mahan, based on a similar decision in Idaho.

The Mahan ruling is before the U.S. 9th Circuit Court of Appeals.

As it stands now, those gathering signatures for a petition could get them all in Clark County and put the issue on the ballot.

But Hansen said all of the voters would have a chance to decide the issue once it qualifies for the ballot. She said she liked the old requirement of 13 counties.

She and others suggested that the state be divided into its three congressional districts for getting the signatures. Or the petition circulators should be allowed to get the names anywhere.

Sam McMullen, lobbyist for the Las Vegas Chamber of Commerce and the Retail Association, said they favor a "geographic distribution" so the signatures could not be gathered in one place.

Renee Parker, chief deputy secretary of state, said she hopes the 9th Circuit Court overturns the Mahan decision. Nevada's Constitution is different than the Idaho law, she said.

And creating a system of getting signatures in each of the three congressional districts would still favor Clark County since there are numerous voters in Southern Nevada in the Northern Nevada District.

"They could get all the signatures at Wal-Mart," Parker said. "Clark County will control the process."

Larry Lomax, registrar of voters in Clark County, said he did not take a position on the resolution but added it presents "some challenges." He said there are 29 Assembly districts in Clark County and the individual collecting the signatures would probably not know which Assembly District the signers were in.

He said "another problem" was that the requirement now is to check 5 percent of the signatures gathered to determine if they are registered voters. Under the Rhoads resolution, it would require a 100 percent validation of the signatures submitted. In addition, he estimated the cost would be $20,000 more for checking each petition.

Lucille Lusk, representing Nevada Concerned Citizens, said it would be "virtually impossible to gather signatures in every district."

Hansen said some Assembly districts have multiple counties. In getting the signatures in each Assembly district, she said, "I suppose if millions of dollars were available, it might be possible. But this requirement takes the right of petition from the average citizens of Nevada and provides it only to the Fat Cats."

Hansen said she had extensive experience in gathering signatures and noted she had been arrested with her son last year in Reno at the public bus station in Reno. The charges were later dropped.