Petition case to go before high court

CARSON CITY -- The Nevada Supreme Court decided Wednesday to hear an appeal Aug. 20 of a district judge's decision that three petitions cannot be placed on the November election ballot.

One of the petitions would divert room tax money from the Las Vegas Convention and Visitors Authority to public education.

Another would take convention authority revenue and spend it on education, transportation and public safety.

The third would require a two-thirds vote to approve ballot measures that raise taxes.

District Judge James Todd Russell of Carson City ruled July 2 that the petitions could not be placed on the ballot because of problems with affidavits signed by the petition circulators.

A law that went into effect July 1, 2007, requires circulators to sign statements that they personally had circulated the petitions, counted the signatures and observed the signing of the petitions, and that each signer had an opportunity to read the full text of the petition.

But the petition sponsors, former state Treasurer Bob Seale and former state Controller Steve Martin, relied on outdated requirements for circulators that they found on Secretary of State Ross Miller's Web site.

Russell criticized Miller for not updating the information, declaring it was a shame that Seale and Martin had spent so much time and money on the futile effort. The two men said they had twice as many signatures as needed to place the petitions on the ballot.

Nonetheless, Russell said Martin and Seale "didn't do their homework" before circulating the petitions.

Lawyer Scott Scherer, who represents Martin and Seale, said tens of thousands of people had signed the petitions and he thought it was important to appeal to the Supreme Court so their views could be considered.

Justices need to make a quick decision because voting registrars must know in August what matters will be on the general election ballot.

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