Angle to challenge petition rejection
May 23, 2008 - 9:00 pm
CARSON CITY -- Property tax cap-proponent Sharron Angle said Thursday that she will challenge in the Nevada Supreme Court a deadline set by the Legislature for petition gatherers to turn in signatures for ballot measures as being unconstitutional.
Angle said the lawsuit, which will be filed in the next day or two, will show that the 2007 Legislature moved back the deadline to turn in signatures to a date earlier than the state constitution allows.
The deadline was set 12 days earlier than allowed, she said.
Angle's petition has run into serious problems because signatures were not accepted in Clark County by the Tuesday deadline because they came in after 5 p.m. The petitions had other problems as well and have not been accepted, making the likelihood of her measure getting to the ballot slim at best.
Angle said she wants the Supreme Court to give her more time to collect signatures for her property tax cap patterned after California's Proposition 13.
The state constitution allows petition gatherers to work until 90 days before the general election, which is Nov. 4 this year. Angle said the constitution also allows the Legislature to move that deadline back by as much as 65 days if necessary for the purpose of having enough time to verify signatures.
But the Legislature last year, even after being told the new deadline was unconstitutional, moved it back 77 days, Angle said.
"We're preparing our court filing now," the former Reno, GOP assemblywoman said. "It's time to take the Legislature to task and also to ask everyone to uphold their oath of office."
Angle said the unconstitutional deadline is just one more roadblock put in place for petitioners in violation of their First Amendment rights.
Angle's proposed constitutional amendment would limit property tax increases to 2 percent per year, rather than the current cap of 3 percent for homeowners passed by the Legislature in 2005, until a property is sold.
INITIATIVE SUPPORTERS CRITICIZE CHALLENGES CARSON CITY — Backers of petitions seeking to divert new Las Vegas convention authority revenues to other uses, including education, and to require a two-thirds vote by the public to increase taxes, rejected on Thursday new legal challenges to their measures. Former state Controller Steve Martin called the challenge to the legitimacy of the signatures collected for his two-thirds vote measure, “nothing more than a special interest thumbing its nose at the people of Nevada.” Bob Seale, the former state treasurer who is sponsoring two petitions to take excess Las Vegas Convention and Visitors Authority room tax revenues and use the money either exclusively on statewide education needs or in equal measures for education, transportation and public safety, also criticized the challenges. “The Las Vegas Convention and Visitors Authority, headed by a board of elected officials, is using tax dollars to fight the will of the people,” he said. “This is more than a shame. It is an embarrassment.” The challenges, filed by the convention authority in Seale’s petitions and by the AFL-CIO in Martin’s petition, allege similar problems with the affidavits required to be submitted by signature gatherers with the petition signatures that were turned in Monday. In their response, Martin and Seale say the rules require only “substantial” compliance with efforts to guard against voter fraud and that their petitions meet that threshold. Invalidating the petitions based on technicalities would, “trample the fundamental rights of the people to avail themselves of the initiative process,” said attorney Scott Scherer, representing both petitioners, in a formal response to Secretary of State Ross Miller. REVIEW-JOURNAL CAPITAL BUREAU