April 11, 2024, Oral Arguments
Fair Maps Nev. Vs. Jeng (Ballot Issue)
Las Vegas – 1:30 p.m. – Full Court
Fair Maps Nev. Vs. Jeng (Ballot Issue)
Docket No. 88263
Las Vegas – 1:30 p.m. – Full Court
This is an appeal from a district court order denying a motion to dismiss a complaint challenging two ballot initiatives. Appellant Fair Maps Nevada filed two ballot initiatives with the Secretary of State, respondent Cisco Aguilar. Both initiatives propose to amend the Nevada Constitution to create a 7-member Commission that would be responsible for drawing the electoral district maps for Nevada’s Senate and Assembly and the U.S. House of Representatives. Respondent Eric Cheng filed the underlying complaint challenging the initiatives, arguing that they are invalid because they mandate the expenditure of State funds without providing a means to raise those funds. Cheng also argued that the initiatives’ descriptions of effect are misleading because they do not explain that shortcoming. The district court determined that the petitions are invalid on the grounds asserted by Cheng and enjoined the Secretary of State from taking any action of the petitions. Issues on appeal: (1) whether the district court should have granted Fair Maps’ motion to dismiss the complaint on procedural grounds, in that the district court did resolve Fair Maps’ motion within the statutorily required time frame; (2) whether the district court erred in applying issue preclusion when denying Fair Maps’ motion to dismiss; and (3) whether Fair Maps’ initiatives are invalid because they mandate an expenditure of State funds without providing a means to raise those funds.