This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
TheStreet Open House

Legal Showdown Brewing Over Ballot Tax Measures

By SANDRA CHEREB

CARSON CITY, Nev. (AP) â¿¿ A legal showdown is brewing between Nevada's executive and legislative branches over whether state lawmakers can propose an alternative tax plan to compete with a business margins tax on the 2014 ballot.

An opinion late Tuesday by the secretary of state's election deputy, sought at the request of Gov. Brian Sandoval's legal counsel, would seemingly stop attempts by a group of Senate Republicans to propose higher mining taxes as an alternative to the teachers' tax plan that would impose a 2 percent tax on businesses grossing more than $1 million a year.

But lawyers for the Legislature disagree. On Wednesday, Sen. Michael Roberson, R-Henderson, released a new opinion from legislative counsel taking exception to the executive branch's position.

At issue is whether the Legislature "rejected" the margins tax initiative backed by the teachers union. The Nevada State Education Association collected more than 150,000 signatures last year to get their proposal to the 2013 Legislature. Under state law, legislators had until the 40th day of the session â¿¿ March 15 â¿¿ to approve it, or to reject it and automatically send it to voters next year.

But lawmakers did neither. Only one hearing was held, and the initiative never made it out of the Assembly Tax Committee.

So the question becomes, does doing nothing constitute "rejection," thereby giving lawmakers authority to propose an alternative ballot question? The secretary of state, attorney general and governor's staff say no.

In a letter dated April 2, Scott Gilles, deputy secretary for elections, told the governor's staff that his office concurs with their interpretation of the Constitution "that the Legislature has not satisfied its requirements to reject the measure qualifying it to place an alternative measures on the 2014 General Election ballot."

In response, Kevin Powers, chief litigation lawyer for the Legislative Counsel Bureau, said the opinion of the secretary of state and attorney general's office are just that â¿¿ opinions with no legal authority.

1 of 2

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!
DOW 16,399.67 +19.26 0.12%
S&P 500 1,904.01 +17.25 0.91%
NASDAQ 4,316.0740 +57.6360 1.35%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs