Tax petition will survive challenge, organizer says

The organizer of the "Axe the Tax" petition drive says the Nevada Taxpayers Association lawsuit to keep it off the ballot is "hilarious."

The referendum asks voters to repeal the tax increases approved by the 2003 Legislature. The measure failed by just 2,000 signatures to get the 51,337 signatures of registered voters needed to put it on the November ballot.

The failure was based on a sample of petition signatures and not on a full count. Because it came so close, Secretary of State Dean Heller ordered county clerks to verify all of the signatures, not just a sample.

That prompted a lawsuit Monday by the taxpayers association to block the full count and bar the issue from the ballot.

George Harris, who has headed the charge to repeal the taxes and run those who voted for it out of office, said it's disappointing and ironic the association is suing.

"It's a little disheartening when a group that calls itself the Nevada Taxpayers Association is opposed to repealing taxes," he said.

"The more they do this, the more they're going to outrage voters," said Harris. "It's hilarious."

In addition to lacking enough signatures, the lawsuit filed in Carson District Court charges that the organizers failed to meet constitutional requirements to include the full text of the laws they wish to repeal with the petitions.

Harris admitted he was warned about that by Heller when he began the drive, but said it would have made for a 150-page petition.

"He didn't require that when they raised the sales tax two years ago," Harris said.

The lawsuit also charges that repealing the taxes would create an unbalanced state budget, which would violate another requirement of Nevada's constitution.

Harris said that isn't true; it would simply force a special legislative session to cut state spending.

The lawsuit says the petitions failed to explain the consequences of passing the referendum, which it says could include serious shortfalls in public education funding and shut down some parts of state government. Harris said the intent is not to take any money from education - only "the bureaucracy."

"The only thing this is going to do is repeal the gargantuan increase of the bureaucracy," he said. "The people are supporting me 100 percent."

Both sides agree the situation must be settled quickly so that ballots can be printed for the November elections.

Contact Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.