LAS VEGAS CONVENTION AND VISITORS AUTHORITY, a Nevada Local Government Entity, Appellant/Cross-Respondent,
v.
Ross MILLER, in his Capacity as Secretary of the State of Nevada, Respondent, and
School Funding Solutions Ballot Advocacy Group, a Nevada Unincorporated Association; School, Road and Safety Funding Solutions Ballot Advocacy Group, a Nevada Unincorporated Association; and Robert Seale, an Individual, Respondents/Cross-Appellants.
County of Clark; City of Boulder City, Nevada; City of Henderson, Nevada; City of Mesquite, Nevada; City of Las Vegas, and City of North Las Vegas, Nevada, Municipal Corporations and Political Subdivisions of the State of Nevada, Appellants/Cross-Respondents,
v.
School Funding Solutions Ballot Advocacy Group, a Nevada Unincorporated Association; School, Road and Safety Funding Solutions Ballot Advocacy Group, a Nevada Unincorporated Association; Robert Seale, an Individual; and Ross Miller, in his Capacity as Secretary of the State of Nevada, Respondents/Cross-Appellants,
Nevadans for Nevada, a Nevada Nonprofit Corporation; and Nevada State Education Association, a Nevada Nonprofit Corporation, Appellants,
v.
Steven E. Martin; Nevadans for Fair Taxes; and Ross Miller, in his Capacity as Secretary of State of the State of Nevada, Respondents.
Nevadans for Fair Taxes, a Nevada Unincorporated Association; School Funding Solutions Ballot Advocacy Group, a Nevada Unincorporated Association; and School, Road and Safety Funding Solutions Ballot Advocacy Group, A Nevada Unincorporated Association, Appellants,
v.
Ross Miller, in his Capacity as Secretary of the State of Nevada; Nevada State Education Association, a Nevada Nonprofit Corporation; Las Vegas Convention and Visitors Authority, a Nevada Local Government Entity; and Nevadans for Nevada, a Nevada Nonprofit Corporation, Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
September 4, 2008.
September 4, 2008.
Attorney(s) appearing for the Case
Brownstein Hyatt Farber Schreck, LLP, and Todd L. Bice, Nathan T.H. Lloyd, and Jarrod L. Rickard, Las Vegas, for Las Vegas Convention and Visitors Authority.
Catherine Cortez Masto, Attorney General, C. Wayne Howie, Solicitor General, and Nhu Q. Nguyen, Senior Deputy Attorney General, Carson City, for Secretary of State Ross Miller.
Holland & Hart, LLP, and Scott Scherer, J. Stephen Peek, Brad M. Johnston, and Timothy M. Clausen, Carson City, for School Funding Solutions Ballot Advocacy Group; School, Road and Safety Funding Solutions Ballot Advocacy Group; Nevadans for Fair Taxes; Robert Seale; and Steven E. Martin.
David J. Roger, District Attorney, and Mary-Anne Miller, Deputy District Attorney, Clark County, for Clark County.
David R. Olsen, City Attorney, Boulder City, for City of Boulder City.
Shauna M. Hughes, City Attorney, and Mark L. Zalaoras, Deputy City Attorney, Henderson, for City of Henderson.
Cheryl Truman Hunt, City Attorney, Mesquite, for City of Mesquite.
Bradford R. Jerbic, City Attorney, and James W. Erbeck and William P. Henry, Senior Litigation Counsel, Las Vegas, for City of Las Vegas.
Carie A. Torrence, City Attorney, North Las Vegas, for City of North Las Vegas.
McCracken, Stemerman & Holsberry and Paul L. More, Richard G. McCracken, and Andrew J. Kahn, Las Vegas, for Nevadans for Nevada.
Dyer, Lawrence, Penrose, Flaherty & Donaldson and Michael Dyer, James W. Penrose, and Jessica C. Prunty, Carson City, for Nevada State Education Association.
Allen Lichtenstein, Las Vegas; Lee B. Rowland, Reno, for Amicus Curiae American Civil Liberties Union.
Before the Court En Banc.
Supreme Court of Nevada.
OPINION
PER CURIAM.
These are consolidated appeals and cross-appeals concerning three initiative petitions.
These appeals present a fundamental procedural question—whether the initiatives' circulators' failure to include statutorily mandated language in their affidavits verifying the signature-gathering process voids the signatures collected. Under this court's precedent, the initiative circulators' affidavits must substantially comply...
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