American Civil Liberties Union v. Lomax

PAEZ, Circuit Judge:

The citizens of Nevada reserved to themselves the power to legislate by initiative. NEV. Const, art. 19, § 2(1). By way of the state’s petition process, Nevada citizens may place qualified initiatives, which propose to create or amend statutes, or amend the constitution, on a statewide general election ballot. Id. If a constitutional initiative obtains voter approval in two consecutive general elections, the initiative is adopted, and the Nevada Constitution is amended. NEV. CONST, art. 19, § 2(4).

In anticipation of the 2004 General Election, Plaintiffs1 (collectively “the…