Lomax

The citizens of Nevada reserved to themselves the power to legislate by initiative. NEV. Const, art. 19, § 2(1). By way of the state’s petition process, Nevada citizens may place qualified initiatives, which propose to create or amend statutes, or amend the constitution, on a statewide general election ballot. Id. If a constitutional initiative obtains voter approval in two consecutive general elections, the initiative is adopted, and the Nevada Constitution is amended. NEV. CONST, art. 19, § 2(4).

In anticipation of the 2004 General Election, Plaintiffs 1 (collectively “the Committee”) circulated a petition to place the Regulation of Marijuana Initiative (“the initiative”), a constitutional initiative, on the ballot. After the Committee submitted the petition to Defendant Dean Heller, Nevada’s Secretary of State (“the Secretary”), the Secretary determined that the initiative did not qualify for the ballot because the petition failed to garner the requisite number of valid signatures. Thousands of signatures were disqualified because they did not satisfy two non-signature requirements, as contained in the Dual Affidavit and Deemed Registered Rules. As a result of these…