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PEST COMMITTEE v. MILLER

No. 09-17002.

626 F.3d 1097 (2010)

PEST COMMITTEE; Tony Badillo; Jack Lipsman; Al Maurice; Kenny Blackman; We the People Nevada; Citizens in Charge, Plaintiffs-Appellants, v. Ross MILLER, in his official capacity as Secretary of State for the State of Nevada, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2010.

Attorney(s) appearing for the Case

Kermitt L. Waters , Law Offices of Kermitt L. Waters, Las Vegas, NV, for the plaintiffs-appellants.

C. Wayne Howle , Solicitor General, Office of the Nevada Attorney General, Carson City, NV, for the defendant-appellee.

Joseph W. Brown , Matthew T. Milone and Bradley Scott Schrager , Jones Vargas , Las Vegas, NV, for the Amici Curiae Las Vegas Chambers of Commerce, Reno-Sparks Chamber of Commerce, Nevada Mining Association, Inc., and Nevada Taxpayers' Association.

Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, Circuit Judges, and MATTHEW F. KENNELLY, District Judge.

OPINION

ALARCÓN, Circuit Judge:

This appeal arises from the unsuccessful efforts by a group of organizations and individuals who desire to use Nevada's initiative and referendum process to effectuate changes in Nevada law by placing initiatives on the Nevada ballot. These groups brought suit in federal court, asserting that certain of Nevada's statutory requirements for ballot initiatives and referenda violate federal constitutional rights. The district...

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