By Sean Whaley, Nevada News Bureau: One proposal sought to increase mining taxes and another wanted to define life as beginning at conception. A third would have required secret ballots for employee votes on whether to join a union and yet another would have given Nevada residents the right to reject participation in government backed health care.
But none of these citizen-backed proposals to amend the Nevada state constitution will be on the ballot come November. Legal challenges, the cost and time required to circulate petitions and other factors have led to all such measures ending in failure this election cycle.
Yesterday was the deadline for groups to turn in the nearly 100,000 signatures needed to qualify constitutional amendments for the ballot.
The only group to come close, the Progressive Leadership Alliance of Nevada, announced Monday it would fall short of the number of signatures needed to ask voters to consider increasing the mining tax.
Jan Gilbert, northern Nevada coordinator for PLAN, said a legal challenge by the well-financed Nevada mining industry did hurt the group’s efforts. The effort was also made more complex by the 2009 Legislature by requiring signatures to be collected in the state’s three congressional districts, she said.
In Clark County, where all three of Nevada’s representatives have constituents, signature gatherers had to determine which of three petitions to use for each registered voter, Gilbert said.
The process shouldn’t be so easy that voters have to consider 20 or 30 ballot questions every two years, but it should be fair, she said.
Las Vegas attorney Joel Hansen, who has in the past argued in court in support of several constitutional amendment efforts, said the process is intentionally designed by the Legislature to thwart the public’s will.
“They don’t want the people to have this input,” he said. “They have been hostile to the process.”
Hansen, who advocated for an initiative petition to impose a spending limitation on state government four years ago, said the process is set up to allow expensive legal challenges by opponents. Most citizen groups can’t afford to fight such legal challenges, and if they do and they win, any funds to collect signatures are then depleted, he said.
“The right of ordinary people to do this has essentially been destroyed by the Legislature’s burdensome requirements,” Hansen said.
The TASC measure to limit the growth of state government to inflation and population growth was kicked off the ballot by the Nevada Supreme Court after supporters had won in district court, he said. Hansen, who argued to put the measure on the ballot, said a typographical error was cited as the reason by the Supreme Court to not let it go to the voters.
The court in its ruling said the error was significant and not just a minor typo.
Hansen said such rulings frustrate the will of the voters who clearly want the measures qualified for the ballot.
Since the Legislature is unwilling to simplify the process, the only answer may be an initiative petition by the people to amend the state constitution to reform the process for placing such measures on the ballot, he said.
“It’s very discouraging,” he said. “I have not been involved in any of these this year because nobody has the heart for it anymore.”
Hansen, a candidate for attorney general with the Independent American Party, said he would work if elected to advocate for the public’s right to access the ballot.
“Whatever I can do from that position, I will do it,” he said.
Gilbert said another challenge for PLAN was the requirement for nearly 100,000 signatures, a significant number resulting from the strong turnout in the 2008 presidential election. The signature requirement in other years can be much lower depending on turnout at the prior general election.
A challenge to the mining tax proposal was just argued in front of the Nevada Supreme Court earlier this month. Gilbert said she does not know if a ruling will be forthcoming now that the group has not filed its signatures.
The legal challenge by the Nevada Mining Association could only be contested by PLAN with the help of attorneys who worked for free, she said.
Gilbert said PLAN believes the petition effort has laid the groundwork for the Legislature to consider mining tax increases in the 2011 session.
If a citizen-backed constitutional amendment does make it on the ballot, it must be approved twice before it can take effect. The Legislature can place such amendments on the ballot after approving them in two consecutive legislative sessions.
The process is equally complex for citizens who want to change an existing state law rather than amend the constitution, but the time frame to collect signatures is longer. Several such petitions are circulating, including one by Gov. Jim Gibbons to open up the public employee negotiating process to the open meeting law. The deadline for signatures for these measures is Nov. 9.
Jan Gilbert of PLAN says there are obstacles to petition drives in Nevada:
Gilbert says initiative process shouldn’t be too easy but should be fair:
Las Vegas attorney Joel Hansen says Legislature has intentionally made petition process difficult:
Hansen says Nevada Supreme Court has frustrated will of people: