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Opinion

Road to getting initiatives, referendums on Nevada ballot full of obstacles

Road to getting initiatives, referendums on Nevada ballot full of obstacles
Chuck Muth
August 8, 2016

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(Sean Whaley, Las Vegas Review-Journal) The Nevada Constitution gives citizens the right to weigh in on public policy issues through the use of ballot initiatives and referendums.

The petition process, which dates nationally to the populist era of the early 20th century, lets the public put measures to the voters directly, bypassing the legislative and executive branches of government.

But having the right to petition is a far cry from successfully navigating the many hurdles to limit ballot access.

Many people try to put measures on the ballot, and many fail.

Las Vegas attorney Kermitt Waters, who several years ago successfully qualified a constitutional amendment that passed reforming the use of eminent domain, has also seen the other side. His efforts in 2014 on an initiative petition to amend the constitution to raise the mining tax and impose a gross receipts tax went nowhere.

Waters is challenging Nevada’s ballot qualification rules in U.S. District Court in Las Vegas.

“You don’t have the right to petition in Nevada,” he said. “Not anymore. But if I win this in federal court it will be a new day.”

“The rules violate the First Amendment as they are applied,” Waters said. “On its face the rules are not unconstitutional. But as applied it’s a joke. If it affects mining or gaming you’re not going to get it on no matter what.” Click here to continue reading

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