cannabisnews.com: Judge Orders Leman To Reconsider MJ Initiative





Judge Orders Leman To Reconsider MJ Initiative
Posted by CN Staff on September 25, 2003 at 20:35:20 PT
By Mike Chambers, Associated Press Writer
Source: Associated Press 
Juneau, Alaska -- Proponents of an initiative to decriminalize marijuana will get another chance to put the measure on the 2004 ballot, a Superior Court judge ruled.Anchorage Superior Judge John Suddock ordered Lt. Gov. Loren Leman and the state Division of Elections to reconsider nearly 200 petition booklets that were rejected earlier.
Suddock said in a lengthy and, at times, scathing ruling issued Tuesday that state elections officials did not do enough to help the marijuana proponents work through the complicated initiative process. The Division of Elections received the ruling Thursday.Leman invalidated 194 booklets - for a variety of reasons - that contained signatures in support of putting the measure on the 2004 ballot. As a result, the group came up more than 7,000 signatures short of the required 28,742.Leman, a former state senator who sponsored a bill in 1999 to turn back the state's medical marijuana laws, oversees the state Division of Elections.''The court is hesitant to find on this record that the Division of Elections lay as a snake in the grass, knowing that the initiative committee was at risk by virtue of reporting errors,'' Suddock wrote.''However, the division was, at least, asleep at the switch.''Suddock ordered the state to reconsider the signature books it invalidated within 60 days. If there are enough signatures then, he ordered Leman to allow it on the ballot.''I'm sure they would prefer not to have seen it on the ballot,'' said Timothy Hinterberger, a sponsor of the measure. ''If we're not on the ballot, it won't be because we were short of signatures.''Elections officials were criticized for not doing enough to verify some information, finding trivial problems or standing by and allowing the group to make errors while gathering signatures.Suddock, who was appointed last November by then-Gov. Tony Knowles, said Alaska's initiative process is meant to be viewed liberally and the group's constitutional rights should not hinge on trivial reporting violations.The judge said in a footnote that Leman - a critic of efforts to legalize marijuana - was acting on a recommendation from Division of Elections.Leman dismissed any suggestion that politics colored the process that ultimately led to rejecting the initiative.''I have certified for circulation initiatives this year already that I don't support. I have declined to certify issues I do support,'' Leman said. ''It doesn't have anything to do with what I think about this initiative.''Problems within the division, which were present before Leman took office last year, have been identified and some have been corrected, he said.''I believe citizens ought to be able to petition their government. We in government ought to do everything we can to help citizens,'' Leman said. ''If we're not doing that, we need to change and be more helpful.''Leman said he has not decided whether to appeal the ruling. A meeting is planned for next week to review the ruling, said Laura Glasier, director of the Division of Elections.''We're going to make it right,'' Glasier said.In his ruling, Suddock ordered the two sides to appear in court Monday for a status hearing.Complete Title: Judge Orders Leman To Reconsider Marijuana InitiativeOn the Net:http://www.gov.state.ak.us/ltgov/elections/homepage.htmlSource: Associated Press Author: Mike Chambers, Associated Press WriterPublished: September 25, 2003Copyright: 2003 Associated Press Related Articles:State May Take Pot Cases To Fedshttp://cannabisnews.com/news/thread17338.shtmlState Won't Arrest for Personal Pot http://cannabisnews.com/news/thread17337.shtmlAlaska Police Told To Keep Probing Pot Usehttp://cannabisnews.com/news/thread17325.shtmlLaw Enforcement Contends With Decision On Pothttp://cannabisnews.com/news/thread17307.shtml
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Comment #1 posted by FoM on September 25, 2003 at 20:41:20 PT
Related Articles & Web Site
Free Hemp in Alaska: http://www.freehempinak.org/Marijuana Initiative Sponsors Suing State: http://cannabisnews.com/news/thread15306.shtmlLeman Disqualifies Marijuana Petition: http://cannabisnews.com/news/thread15194.shtml
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