Friday, September 19, 2003
Copyright © Las Vegas Review-Journal

GUINN RECALL: Petition gatherers buoyed

DMV can't ban effort, ruling says

Sandy Zook of Las Vegas signs a petition Thursday outside the Clark County Courthouse to recall Gov. Kenny Guinn. Joshua Hansen, right, and his father, Christopher, left, are part of a drive that is trying to gather more than 128,000 valid signatures by Nov. 27 to force a recall election. Photo by Clint Karlsen.

CARSON CITY -- Leaders of the campaign to recall Gov. Kenny Guinn said their chances of gathering enough signatures to put the recall before voters were bolstered Thursday by a secretary of state's decision.

Secretary of State Dean Heller ruled the Department of Motor Vehicles cannot have a blanket policy preventing the gathering of petitions inside its offices. He also threw out a DMV policy that requires signature gatherers to give advance notice of where and when they intend to carry out their activities.

Heller, the state's chief elections officer, made the ruling in response to a complaint filed by the Recall Guinn Committee after its members said they were threatened with arrest Sept. 8 at the DMV's East Sahara Avenue office.

Heller decided that the "mere possibility" that foot traffic in a DMV office could be frustrated by the petition drive "is not enough to justify an absolute designation of outdoor areas only" for gathering signatures.

Christopher Hansen, vice chairman of the recall committee, praised Heller for his quick response to his complaint. He said the committee also is challenging Clark County's refusal to let its volunteers gather signatures inside the Government Center.

"All we are asking is that we be allowed to collect signatures in a reasonable area," Hansen said. "That is what the law says. It was absolutely shocking they threatened to arrest me and others at the DMV. They have had a continued pattern of abuse."

Hansen said petition gatherers have plenty of space inside the East Sahara office and use of the indoor space is vital, particularly for handicapped volunteers and on days when temperatures top 100 degrees.

Hansen predicted more volunteers will join the effort to recall Guinn, and the ruling will help everyone who wants to collect signatures at government offices.

The committee must collect at least 128,109 signatures of valid voters by Nov. 27 to force the state to conduct a recall election. Hansen said he did not know how many signatures have been collected.

Heller ruled that the state law allows gathering of petition signatures inside or outside of government buildings and that a "reasonable area" should be provided for the activity.

Tom Jacobs, a DMV spokesman, said his agency is formulating new rules to comply with the ruling. But he said the ruling does not require governments to open their buildings to petition gatherers.

Heller said the only time the DMV could be forced to designate an indoor area for gathering signatures would be "when there is no question that a reasonable area does not exist outdoors."

The DMV probably will develop rules that create two places for gathering signatures at each office. Both could still be outside, but Jacobs said one probably will be in a shady space.

He said the agency might allow petitions to be gathered inside during "a driving snowstorm" in Northern Nevada or a "torrential rainstorm" in Las Vegas. But 100-degree temperatures are normal in the summer in Las Vegas and not a likely excuse for allowing inside petition gathering, Jacobs said.

He said Las Vegas DMV officials did not threaten to arrest petition gatherers for collecting signatures, but for blocking the main entrance of the East Sahara office and interfering with a customer.

"The pickets were not told to leave the property, just to move away from the door," he said. "The DMV is entitled to eject gatherers who are abusive or disturb customers."

Hansen said there is vast space inside the Clark County Government Center for signature gathering and that he hopes Heller mandates that signatures can be collected there.

But county spokesman Erik Pappa said signature gatherers are allowed to operate just outside the main entrance, where they see the most people.

"Their complaint is without merit," Pappa said. "I don't know how it hurts his recall effort to allow them at the entrance of our building."

Pappa contended there is not enough space inside the building to set up a table and gather signatures.

Unlike Clark County, officials at Sam Boyd Stadium already have provided space to collect signatures, Hansen said. The group plans to be there during tonight's football game with Hawaii.

He hopes UNR will be induced by the ruling to allow signature gatherers during the Oct. 4 football game against UNLV at Mackay Stadium. UNR has refused his committee's effort to collect signatures inside Lawlor Events Center.

"What the DMV did really hurt us," Hansen said. "We only have three months to collect signatures and this cost us two weeks."