Cegavske will appeal ruling on withdrawal of tax-hike initiatives

CARSON CITY — The secretary of state will appeal a ruling ordering the withdrawal of two tax-hiking initiatives that the Clark County teachers put on this year’s ballot but then sought to remove after their union successfully pressed the Legislature for more education funding last session.

“We’re moving forward with the appeal,” said Jennifer Russell, spokeswoman for Secretary of State Barbara Cegavske. No other information was available, she said.

The two ballot questions sought voter approval for a higher tax tier for the state’s largest, wealthiest casinos and to increase part of state sales tax by 1.5 percent, raising roughly $2.8 billion for education over two years.

Sponsored by the political arm of the Clark County Education Association, the move turned into a pressure ploy and in 2021 state lawmakers passed a new tax on mining revenue to generate the sought-after education dollars.

With the mining tax passage, Clark County teachers agreed to pull back the two petitions, with lawmakers amending a state law specifically to permit the withdrawals. Attorney General Aaron Ford’s office issued an opinion that said the law was constitutional. Cegavske, however, refused to take the measures off the ballot, saying she did not believe the constitution allowed it. The teacher’s union sued in December.

In his ruling last week, Carson City District Court Judge James Wilson sided with the teachers, saying the constitution didn’t block the Legislature from passing a law allowing initiative sponsors to withdraw their measures.

“The ability to withdraw a petition can save valuable time and resources for Nevadans, including proponents, opponents, the courts, the Secretary of State, and the Legislature,” Wilson added.

Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjournal.com. Follow @DentzerNews on Twitter.