Appeals court calls Nevada ballot process legal
December 1, 2010 - 1:26 pm
A federal appeals court has ruled that Nevada’s requirements for ballot initiatives are constitutional and do not limit free speech.
The San Francisco-based 9th U.S. Circuit Court of Appeals on Wednesday upheld a Las Vegas federal court judge’s ruling in a lawsuit by backers of a proposed initiative on the 2008 statewide ballot.
Organizers of the Prevent Employers from Seizing Tips, or PEST, measure sued Secretary of State Ross Miller after their measure was challenged under Nevada law.
The lawsuit claimed the state makes it too easy for outside groups to challenge referendum proposals.
It also claimed a state law requiring ballot measures to address only one subject is unconstitutional.
The court says the requirements help prevent voter confusion.
PEST attorney Kermitt Waters is promising an appeal.