Describing the Axe the Tax petition as "unconstitutional on its face" and arguing there isn't enough time to hand count the petition signatures, the Nevada Taxpayers Association filed suit Monday to stop the count and bar the petition from the November ballot.
The lawsuit was filed in response to Secretary of State Dean Heller's directive ordering county election officials to verify all signatures and determine whether the petition received the 51,337 valid signatures needed to put it on the ballot. The question, if approved by the voters, would repeal the tax package approved by the 2003 Legislature to balance the state budget.
The lawsuit authored by former state senator Thomas "Spike" Wilson of Reno argues since the ballot must go to the printers before Sept. 1, there won't be enough time to challenge the petition if it is certified.
The lawsuit said the petition contains "plain and palpable constitutional violations" and doesn't qualify to appear on the ballot. First, it doesn't contain the full text of the statutory language it seeks to repeal - which is required by the constitution. The lawsuit charges the language in the petition is too vague because it doesn't spell out the consequences of the proposed repeal - "which consequences may include terminating state funding for education and shutting down state government."
Further, the lawsuit argues the petition is so vague it doesn't spell out whether it would just repeal changes to the tax code imposed by the 2003 Legislature or the entire tax laws which are restated within the legislation. That could in effect entirely repeal most of the taxes - not just the increases approved last year.
The lawsuit says the petition would also create a constitutional violation - leaving the state with an unbalanced budget by removing revenues so that spending is much higher than revenues.
Taxpayers Association Chairman Fred Gibson charged passage of the petition "will put us on the same course as California."
"Unfortunately, in this election cycle, we seem to have succumbed to the California syndrome of government by petition," the association policy statement says.
The lawsuit asks for an expedited decision from the court saying the issues must be resolved before clerks order ballots for the November elections.
Contact Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.
