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Federal Appeals Court upholds Nevada's initiative process

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December 2, 2010

By Kyle Maichle

SAN FRANCISCO, California: The Ninth Circuit Court of Appeals legally upheld a challenge to the state's initiative laws on December 1, 2010[1].

The San Francisco-based appeals court ruled that Nevada initiative laws do not limit free speech and are constitutional. Prevent Employers from Seizing Tips (PEST) sued Secretary of State Ross Miller on claims that their initiative petitions were improperly challenged from outside groups. Also, PEST claimed that the state's single subject rule was unconstitutional. PEST's claims were on the basis that the laws violate the First Amendment on the basis of free speech[1].

The ruling from the three-judge panel stated that the laws were designed to prevent voters from being confused and found no evidence to throw out the laws. Attorney Kermitt Waters, who represents PEST, is planning to appeal the ruling[1].

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