Committee to Regulate and Control Marijuana v. Heller (James C. Mahan, D. Nev. 2:04-cv-1035)
Supporters of an initiative to regulate marijuana filed a federal complaint claiming that Nevada had improperly disqualified signatures on their ballot petition. Three days later, the district judge enjoined the state from taking any action that would prevent the court from providing the plaintiffs with further injunctive relief. One month after that, the judge invalidated a state provision requiring a minimum number of signatures from a supermajority of counties for a ballot measure, because the provision favored voters in small counties. Because the judge left in place a provision that resulted in the disqualification of signatures by voters who may not have registered before signing the ballot petition, the initiative failed to qualify for the election. The court of appeals affirmed the district judge’s decisions.
Subject: Ballot measures. Topics: Ballot measure; getting on the ballot; equal protection; registration procedures.

One of many Case Studies in Emergency Election Litigation.