The American Cancer Society and the Marijuana Policy Project (MPP) are asking the Nevada Secretary of State's office to overturn a decision that both groups failed to gather enough signatures to qualify for the 2006 ballot. State law says groups seeking ballot items must gather petitions totaling 10 percent of the turnout in the last general election. Both groups met that threshold last fall, based on the 2002 election turnout. However, at the request of overwhelmed election officials, they did not turn in their petitions until Nov. 9. State officials then said that the groups now needed 30,000 more signatures, based on the turnout in the 2004 election

"We are hoping Secretary [of State Dean] Heller will recognize that his previous action changes the rules after the game has ended, violates our right to due process, and simply doesn't pass the straight-face test," said MPP's Neal Levine.  "But if he won't play fair, we fully expect to win in federal court."

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