Zaiser v. Jaeger

by
Steven Zaiser, as Chairman of the Sponsoring Committee for the Statutory Initiative Relating to the North Dakota Medical Marijuana Act, asked the Supreme Court to order Secretary of State Alvin Jaeger to place an initiated measure for the Medical Marijuana Act on the November 6, 2012, general election ballot after the Secretary of State rejected 7,559 signatures on circulated petitions and decided the measure did not qualify for placement on that ballot. The Sponsoring Committee claimed that although the submitted petitions included some elector signatures forged by petition circulators, the petitions contained sufficient valid signatures to place the measure on the ballot. Because of time constraints for placing the measure on the November 6, 2012, ballot, the Supreme Court issued a dispositive order on September 19, 2012, denying the Sponsoring Committee's request for relief and stating a written opinion would be filed at a later date. Because the circulators' petitions at issue in this case included signatures forged by the circulators in violation of a mandatory constitutional provision, the Secretary of State correctly rejected those petitions in calculating the number of elector signatures necessary to place the measure on the November 6, 2012, ballot and correctly determined the remaining petitions contained insufficient signatures to place the measure on that ballot. View "Zaiser v. Jaeger" on Justia Law