Lawyer files petitions aimed at petition law

CARSON CITY -- Clark County lawyer Kermitt Waters filed two petitions Monday to let voters decide whether to repeal a law that has prevented him and the state teachers union from circulating petitions to increase the gaming tax.

Waters' first petition calls for a public referendum on whether to rescind a section of a 2005 state law that requires petitions to deal with a single subject.

The second petition would repeal another section of the same law that sets up procedures for legally challenging the summaries of petitions.

"The single-subject rule is being used by activist judges to block all these initiatives," Waters said. "The Legislature (passed the law) to keep people from doing initiatives."

Because of this law, two petitions by Waters that would have let voters decide whether to triple the state's 6.75 percent gaming tax rate were tossed out by Carson City District Judge Bill Maddox in February.

Senior Supreme Court Justice Miriam Shearing, acting as a district judge, earlier threw out the Nevada State Education Association's petition to increase the gaming tax rate to 9.75 percent. She cited the same law.

In each case, the Nevada Resort Association, which represents 65 of the largest casinos in Nevada, filed legal challenges.

Judges said the petitions violated the one-subject law because they not only called for a gaming tax increase but also specified how the additional funds would be spent.

The education association has filed a new petition that specifies from the beginning that the proceeds of the gaming tax increase would be spent on salary increases and programs to improve student performance.

The Nevada Resort Association also has filed a legal challenge to that petition.

The petitions to increase the gaming tax were constitutional amendments, requiring voters to approve them in the 2008 and 2010 general election before they could go into effect.

Waters' latest petitions are referendums that, if approved in the November election, would rescind the two sections of the law.

He said he filed two petitions because of concern that the Nevada Resort Association also would challenge them for violating the single-subject rule.

NRA President Bill Bible was not available for comment Monday.

To place his petition before voters in November, Waters must collect 58,836 valid signatures by May 20.

"It is going to be tight," Waters said of his chances of securing enough signatures.

Deputy Secretary of State Matt Griffin said use of the referendum is not common in Nevada.

Through the referendum, voters can decide whether to repeal, alter or establish laws. Once voters make a decision, their views cannot be changed by the Legislature for three years.

Waters intends to use volunteers and a professional petition organization to gather signatures.

He also expects the NRA will look for a way to file a legal challenge to his latest petition and try to delay his chances for collecting a sufficient number of signatures.

The single-subject law was drafted by Assembly Minority Leader Heidi Gansert, R-Reno, and placed in a bill sponsored by Sen. Randolph Townsend, R-Reno.

Both said the law was not designed to keep petitions off the ballot, but to ensure people know the real intention of the petitions.

Gansert proposed the law after the 2004 general election when a group affiliated with the Nevada Trial Lawyers Association sponsored petitions that promised voters auto insurance rate rollbacks and the end of frivolous lawsuits when their primary motive apparently was to repeal a law that limited how much patients could recover in medical malpractice cases.

While misleading, those petitions were rejected by voters.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or (775) 687-3901.