Assemblyman Bernie Anderson, D-Sparks, introduced legislation Thursday that would prohibit legal challenges to an initiative until after the public gets a chance to vote on it.
AB292 would basically put into law what the Nevada Supreme Court ordered in the Douglas County Sustainable Growth Initiative battle. The court refused to block a vote on the initiative to strictly limit development in the county, saying it would deal with the legal issues involved afterward.
The high court eventually upheld the legality of the initiative, which was approved by Douglas County voters.
That was just one of the initiative petitions challenged this past election cycle. In addition, Carson City's Fuji Park initiative was successfully challenged and there were two challenges in Washoe County, including a petition drive challenging construction of a train trench through Reno.
Anderson, who is Assembly majority whip, said the bill prohibits any challenge to an initiative, referendum or recall petition before the measure is presented to voters on the ballot unless the challenge is based on insufficient signatures, incorrect form or a violation of procedural rules.
Anderson said he doesn't want Nevada to imitate California, where dozens of measures are on the ballot every election cycle. However, he said he believes the integrity of the initiative process must be protected.
"Whether you agree or disagree with a measure is not the issue," he said. "When a group of citizens goes through the process and gathers the signatures necessary to put a measure on the ballot, no government entity should be able to prevent the public from voting on that measure."
