Maddox clears way for tax initiative to start petition drive

The way was cleared Friday for supporters of the Tax and Spending Control initiative to begin collecting signatures, following a ruling by Carson District Judge William Maddox.

The AFL-CIO challenged the petition, saying the 200-word description required to tell potential signers what the proposed amendment would do was incorrect and incomplete.

Maddox agreed a week ago the description needed work and ordered the two sides to try to find compromise language.

Paul Morer, representing the AFL-CIO, said they agreed to help correct those errors but wanted to make it clear that in no way indicates any support for the proposal.

"The plaintiffs have no obligation to draft a summary of the initiative for TASC proponents," he said. "Plaintiffs obviously don't agree with the policy behind this initiative."

Maddox agreed to adopt what Morer and co-counsel James Penrose presented with a few modifications. He said the first statement would indicate the purpose of the initiative is to prevent increases in taxation and spending without a vote of the people.

The big argument, however, was over the description of which governments would be limited by the tax limiting amendment. State Sen. Bob Beers, R-Las Vegas, and other supporters say the restrictions limiting government spending growth to inflation plus population growth apply to all local governments including improvement district and school districts.

But Morer argued "local governments" in the description was incorrect because the actual amendment language applies the limits only to the state and to "cities and counties chartered by the state." He said that doesn't include school districts or improvement districts.

In addition, he said, counties aren't chartered so no limits would apply to them. Non-chartered cities would also escape the limits.

Beers said the language does apply to all levels of local government in the state including improvement districts and school districts as well as all cities and counties and the state.

John Griffin, representing Beers and the amendment, said most of those arguments should be ignored.

"The law says the 200-word description must state the effect of the petition," he said. "It doesn't say they must state all the mechanics of the petition."

He added that probably only 5 percent of signers would read the description anyway.

Maddox cured the problem by putting the language "cities and counties chartered by the state" in the description.

He said defining what was or wasn't included in that could wait until expected hearings on the substance of the amendment.

The formal order is expected Monday, after which Beers and supporters of TASC will be able to start gathering the more than 83,000 signatures they need to put the proposed constitutional amendment on the November ballot.

They have until June 20 to turn in their signatures to the Secretary of State's office.

-- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.