CCL Wins Ballot Initiative Challenge in Nevada

Jones v. Heller, No. 43940, Nevada Supreme Court

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The Center for Constitutional Litigation represented Jones in her petition for a writ of mandamus against the Secretary of State's treatment of the so-called "Keep Out Doctors in Nevada" ballot initiative. Ruling in favor of Jones, the Nevada Supreme Court found the condensation and explanation to be “facially deficient” because:

• the Secretary claimed the initiative would limit noneconomic damages, when it actually would repeal the two exceptions that exist under the current cap;
  
  
• the explanation failed to advise voters that third parties, such as Medicaid, would lose their subrogation rights, resulting in an increased burden on Medicaid and therefore on taxpayers; and
  
  
• the abrogation of joint and several liability for economic damages, which already exists in Nevada as to noneconomic damages, imposes the risk of nonpayment by a defendant who is judgment proof or without adequate insurance on the injured plaintiff.
  

The failure to inform voters of these issues was deceiving and misleading, the Court found, and could subvert the voters will on the issue. The Court’s order required the Secretary to revise the condensation and explanation of the ballot measure in accordance with the opinion. The Court majority did not reach the issue of the factual accuracy of the arguments put forth by the proponents of the initiative.

The Center for Constitutional Litigation, PC, is a law firm established in 2002 to promote the rights of access to courts and jury trial and to fight so-called "tort reform."