Oral argument calendar: April 6

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Strickland (Linda) v. Waymire (Edward)

           Las Vegas - 10:00 a.m. - Full Court

Personhood Nevada v. Bristol (Emmily)

           Las Vegas - 11:30. a.m. - Full Court

Strickland v. Waymire,

Docket Nos. 55290/55551

Las Vegas - 10:00 a.m. - Full Court

This appeal challenges a district court order granting summary judgment in a case involving the interpretation and application of Article 2, Section 9 of the Nevada Constitution.  The case began when three residents of Boulder City, Nevada--Edward Waymire, Christine Milburn, and Robert Draney (collectively, Waymire)--submitted petitions to the Secretary of State seeking to recall Linda Strickland and Travis Chandler from the Boulder City Council. The Secretary of State deemed the petitions insufficient under Article 2, Section 9 of the Nevada Constitution because they did not contain signatures from at least 25 percent of the voters who actually voted in the election in which Strickland and Chandler were elected.  Waymire filed a complaint against the Secretary of State and the Clark County Registrar of Voters seeking a declaration that Article 2, Section 9 is unconstitutional on equal protection grounds, as interpreted by the Secretary of State, and asking the district court to order that the Secretary of State validate the signatures of all registered voters who signed the recall petitions.  The district court granted summary judgment in Waymire's favor, relying in part on S.B. 156, which became effective while the matter was pending.  S.B. 156 amended NRS 306.040 to permit recall petitions to be signed by "any registered voter" in the municipality represented by the public officer.  Strickland moved for a stay in the district court, which was denied.  This court granted appellant Linda Strickland's request for a stay pending appeal.  On appeal, appellants contend that the district court erred by granting summary judgment because Article 2, Section 9 permits recall petition signatures from only those registered voters who "actually voted" in the election in which the challenged public official was elected.  They also assert that Article 2, Section 9 properly limits who may sign a recall petition and that it comports with constitutional equal protection principles.  According to Travis Chandler, S.B. 156 was unconstitutionally enacted because it unilaterally, without giving Nevada voters the final say, interprets a disputed constitutional provision through statutory amendment.  ISSUE:  Did the district court err when it granted summary judgment in favor of Waymire?  

Personhood Nevada v. Bristol (Emmily),

Docket No. 55429

Las Vegas - 11:30. a.m. - Full Court

This appeal involves whether the Personhood Nevada initiative should appear on the November 2010 general election ballot.  After Personhood Nevada filed a ballot initiative with the Secretary of State, Emmily Bristol, Mindy Hsu, and Dr. William Ramos filed a complaint in the First Judicial District Court, seeking declaratory and injunctive relief to prevent Personhood Nevada's initiative from being placed on the ballot for the November 2010 general election.  The district court determined that the ballot initiative failed to comply with the single subject rule set forth in NRS 295.009 and contained a misleading and insufficient description of effect, and thus the court enjoined the Secretary of State from placing it on the ballot.  In its ruling, the district court found that the initiative is complex and broad; the language is overly general and vague; the initiative fails to inform voters of Personhood Nevada's purported purpose for the bill, namely to affect abortion and the rights of fertilized eggs, embryos, and fetuses; and the initiative fails to inform voters of its material consequences. Personhood Nevada appealed.  ISSUES:  Did the district court err when it determined that the initiative violated the single-subject rule and contained an inadequate description of effect and thus enjoined the Secretary of State from placing Personhood Nevada's initiative on the ballot?


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This page contains a single entry by JoNell published on April 5, 2010 9:14 AM.

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Oral argument calendar: April 14 is the next entry in this blog.

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