PEOPLE EX REL. ANGLE v. MILLER

No. 51735.

192 P.3d 1166 (2008)

WE the PEOPLE NEVADA, by and through its Chair, Sharron ANGLE, Petitioner, v. Ross MILLER, In his Official Capacity as Secretary of State in and for the State of Nevada, Respondent.

Supreme Court of Nevada.

September 25, 2008.


Attorney(s) appearing for the Case

Hansen Rasmussen, LLC, and Joel F. Hansen, Las Vegas, for Petitioner.

Catherine Cortez Masto, Attorney General, C. Wayne Howie, Solicitor General, and Nhu Q. Nguyen, Senior Deputy Attorney General, Carson City, for Respondent.

Don P. Chairez and Law Offices of Kermitt L. Waters and Kermitt L. Waters, Las Vegas, for Amici Curiae Nevada Eagle Forum, Nevadans for Sound Government, Nevada Committee for Full Statehood, Nevada Concerned Citizens, Citizens in Action, Foundation to Protect and Defend the Nevada Constitution, Independent American Party, Nevada Families Education Foundation, Nevada Republican Liberty Caucus, Title of Liberty Foundation, People Organized for the Next Generation, and the Nevada Freedom Coalition.

Dyer, Lawrence, Penrose, Flaherty & Donaldson and Michael W. Dyer, James W. Penrose, and Paul D. Cotsonis, Carson City, for Amicus Curiae Nevada State Education Association.

Legislative Counsel Bureau Legal Division and Brenda J. Erdoes, Legislative Counsel, Risa B. Lang, Chief Deputy Legislative Counsel, and Kevin C. Powers, Senior Principal Deputy Legislative Counsel, Carson City, for Amicus Curiae Legislature of the State of Nevada.

McCracken, Stemerman, Bowen & Holsberry and Richard G. McCracken and Andrew J. Kahn, Las Vegas, for Amicus Curiae Nevadans for Nevada.

BEFORE THE COURT EN BANC.


OPINION

PER CURIAM:

The primary issue raised in this original petition is whether the current version of NRS 295.056(3), which requires initiative petitions that propose constitutional amendments to be submitted for signature verification "not later than the third Tuesday in May," is constitutional in light of Article 19, Sections 2(4) and 3(2) of the Nevada Constitution. Article 19, Section 2(4) requires that initiatives proposing to amend the constitution...

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