CARSON CITY — Las Vegas attorney Joel Hansen on Thursday asked the Nevada Supreme Court to temporarily prohibit from taking effect a lower court ruling that kicked a proposed 2 percent property tax cap measure off of the November ballot.
The secretary of state’s office Wednesday, citing a decision by senior Judge Charles McGee finding the measure flawed, directed county officials not to include what would be Question 5 on the November ballot.
Hansen wants ballots to include Question 5 to give Nevadans the chance to vote on the plan should the Supreme Court overrule McGee on appeal.
The court responded by saying it could not act on the request because a written copy of the decision had not been received.
The court gave Hansen until 5 p.m. Monday to produce a written copy of the ruling or face having the request for a stay denied because of a lack of jurisdiction over the matter.
Deputy Secretary of State Matt Griffin said the case could be over even without a Supreme Court ruling, given the fact that ballots are being printed without the measure being included.
Griffin cited a state law that renders moot any legal action that would prevent county clerks from making absentee ballots available to voters by legislatively established deadlines.
The deadlines include getting the ballots to voters outside the country not later than 40 days before the general election, if possible. That deadline is later this month.