Ruling allows petition backers to keep gathering signatures

CARSON CITY -- Proponents may continue circulating a petition that would require a two-thirds vote by citizens on ballot questions seeking to increase taxes, a district judge ruled Thursday.

District Judge James Todd Russell called the proposal clearly understandable and said not every ramification of a petition can be "crammed into its 200-word description." The intent to require a two-thirds vote on tax or fee increases was not in dispute, he said.

"Overall the intent of this petition is very clear from my perspective," Russell said.

He noted that in other decisions concerning the validity of petitions, Senior Supreme Court Justice Miriam Shearing and District Judge Bill Maddox have ruled that descriptions of petitions only should not be false or misleading.

Russell said he agreed with the justices.

Under state law, circulators of petitions must include 200-word descriptions of the effect of ballot measures. The proposed laws can run to many pages.

It is these 200-word summaries of the proposed laws that most citizens examine when they are asked by a circulator to sign a petition. They can ask to see the entire petition.

Former state Controller Steve Martin, who is circulating the two-thirds vote petition, said his organization already has collected the required 58,828 signatures to put the issue before voters in November. But Martin said they will collect at least 30 percent more than the minimum requirement just to make sure they have enough valid signatures.

He has until May 20 to turn in the signatures.

Las Vegas Sands Inc. is the primary financial backer of the petition, Martin said.

Attorney Scott Scherer, who often represents the Sands, argued why the petition was valid and should be circulated during an hour-long hearing before Russell.

"There is nothing in this description of effect that is misleading in any way," he said.

Earlier, lawyer Andy Kahn, who represented the Nevada AFL-CIO, argued the petition was invalid in part because the description did not explain that under current law a simple majority is required to pass ballot questions that would increase taxes or fees.

Kahn said citizens asked to sign the petition would not know whether the two-thirds requirement was an increase or decrease from current law.

He said some citizens might come from states where a 75 percent vote is required for tax increases. To them, the two-thirds requirement would represent a decrease.

However, Martin said after the hearing that he has never had any potential signers ask about the current standard. He said they realize it would make tax increases more difficult and usually eagerly want to sign the petition.

AFL-CIO Secretary-Treasurer Danny Thompson said he will decide in the next couple days whether to appeal the ruling.

Thompson and the Nevada State Education Association had filed the lawsuit seeking to have Russell declare the description of Martin's petition invalid and force him to throw out any signatures he already has collected.

When he announced his petition drive in March, Martin noted the state constitution requires a two-thirds vote by the Legislature on bills that increase taxes and fees and the same standard should apply in instances were citizens increase taxes.

Since the petition would amend the state constitution, it must be approved by voters this November and again on the election ballot in 2010.

The education association is circulating a petition this spring that would increase the state gaming tax rate, now 6.75 percent, to 9.75 percent. It also would amend the constitution and require public support twice.

Contact reporter Ed Vogel at evogel @reviewjournal.com or 775-687-3901.