Jacob Redmond
Well-Known Member
A group that wants Nashville's first-ever public vote on marijuana has sued the Davidson County Election Commission as it seeks to use online signatures to boost its referendum efforts.
The suit, filed last week, came as the Tennessee chapter of the National Organization for the Reform of Marijuana Laws launched a petition drive in hopes of a referendum on changing the Metro Charter to say that Metro tax dollars cannot support the criminal prosecution of adults for possession of less than 2 ounces of marijuana.
At some point, the organization would need to overcome the overriding legal question – whether this change in city law would trump state law, which says that marijuana possession of any amount is a crime.
It also needs to collect 6,877 signatures by a May 18 deadline to add the proposed charter amendment to the August Metro general election ballot. To reach that threshold, the group is looking to use electronic signatures, a method that the Davidson County Election Commission has never allowed and isn't allowing this year either.
In a suit filed in Davidson County Chancery Court on Jan. 15, Tennessee NORML has asked for a temporary injunction to be granted the right to use electronic signatures. The group is joined in its suit by the organization Democracy Nashville, which is seeking a second referendum on a so-called "ban the box initiative," which would amend the charter to say Metro can't ask job applicants about criminal history on initial job applications for city jobs.
Elections Administrator Kent Wall did not immediately return a message seeking comment.
In a Jan. 8 correspondence with Daniel Horwitz, an attorney representing Tennessee NORML and Democracy Nashville, Wall informed Horwitz that his office would not accept electronic signatures. A 2012 Tennessee attorney general's opinion supports that decision.
A court hearing on the legal dispute is set for Feb. 2.
The five-member election commission must approve petition signatures for a charter amendment proposal to make it on ballots.
Horwitz has pointed to Tennessee's Uniform Electronic Transactions Act, which says that "if a law requires a signature, an electronic signature satisfies the law."
However, in its 2012 opinion, then-Tennessee Attorney General Robert Cooper opined that this does not mean local governments are required to accept electronic signatures collected on the Internet as a valid petition.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana group sues to use online signatures for petition
Author: Joey Garrison
Contact: jgarrison@tennessean.com
Photo Credit: None Found
Website: The Tennessean
The suit, filed last week, came as the Tennessee chapter of the National Organization for the Reform of Marijuana Laws launched a petition drive in hopes of a referendum on changing the Metro Charter to say that Metro tax dollars cannot support the criminal prosecution of adults for possession of less than 2 ounces of marijuana.
At some point, the organization would need to overcome the overriding legal question – whether this change in city law would trump state law, which says that marijuana possession of any amount is a crime.
It also needs to collect 6,877 signatures by a May 18 deadline to add the proposed charter amendment to the August Metro general election ballot. To reach that threshold, the group is looking to use electronic signatures, a method that the Davidson County Election Commission has never allowed and isn't allowing this year either.
In a suit filed in Davidson County Chancery Court on Jan. 15, Tennessee NORML has asked for a temporary injunction to be granted the right to use electronic signatures. The group is joined in its suit by the organization Democracy Nashville, which is seeking a second referendum on a so-called "ban the box initiative," which would amend the charter to say Metro can't ask job applicants about criminal history on initial job applications for city jobs.
Elections Administrator Kent Wall did not immediately return a message seeking comment.
In a Jan. 8 correspondence with Daniel Horwitz, an attorney representing Tennessee NORML and Democracy Nashville, Wall informed Horwitz that his office would not accept electronic signatures. A 2012 Tennessee attorney general's opinion supports that decision.
A court hearing on the legal dispute is set for Feb. 2.
The five-member election commission must approve petition signatures for a charter amendment proposal to make it on ballots.
Horwitz has pointed to Tennessee's Uniform Electronic Transactions Act, which says that "if a law requires a signature, an electronic signature satisfies the law."
However, in its 2012 opinion, then-Tennessee Attorney General Robert Cooper opined that this does not mean local governments are required to accept electronic signatures collected on the Internet as a valid petition.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana group sues to use online signatures for petition
Author: Joey Garrison
Contact: jgarrison@tennessean.com
Photo Credit: None Found
Website: The Tennessean
