Arguments heard on Nevada education tax petition challenge

CARSON CITY - A judge declined Friday to make an immediate decision on whether the Nevada State Education Association can continue circulating its petition to impose a 2 percent business margins tax to raise funds for public education.

After a 45-minute hearing, Carson City District Judge James Wilson told lawyers he will try to make a decision as quickly as possible on whether the petition can continue to be circulated in its current form.

He did not rule Friday.

If the judge requires petition changes, then the 55,000 to 60,000 signatures already collected would be invalid and the union probably would miss the Nov. 13 deadline to turn in at least 72,324 signatures.

Two months ago, Wilson ruled  the union did not clearly state in the petition’s 200-word description that its primary purpose was raising money for public education.

Wilson also found that the petition does not give enough money to the Department of Taxation to administer the new tax or disclose that even businesses that are not making a profit would be taxed.

The short description of effect is what voters usually look at before deciding whether to sign a petition. The Education Initiative petition is more than 20,000 words long.

Rather than appeal the initial ruling to the state Supreme Court, the teachers group made minor changes to the petition, resubmitted it to the secretary of state and began collecting signatures.

Then the Committee to Protect Nevada Jobs again filed a legal challenge that asserted language in the petition does not properly inform voters of its intent.