PETITION FOR AN EXPEDITED WRIT

IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION

WAYNE TURNER                       )
409 H Street, N.E.                 )
Washington, D.C. 20002             )
           Plaintiff,              )
                                   )
    v.                             ) Civil Action No.___________
                                   )
DISTRICT OF COLUMBIA               )
BOARD OF ELECTIONS AND ETHICS      )
441 4th Street, N.W.               )
Suite 270                          )
Washington, D.C. 20001             )
           Defendant.              )
                                   )
  Serve:                           )
                                   )
Benjamin Wilson, Chair             )
D.C. Board of Elections and Ethics )
441 Fourth Street, N.W.            )
Suite 270                          )
Washington, D.C. 20001)

PETITION FOR AN EXPEDITED WRIT IN THE NATURE OF MANDAMUS

Introduction

This case challenges the August 5, 1998 rejection by the Board of Elections of plaintiffs proposed Initiative Measure No. 59, entitled "Legalization of Marijuana for Medical Treatment Initiative of 1998." The Board's rejection of the initiative should be overruled because the Board acted arbitrarily and capriciously when it refused to accept petition signatures collected by one of

the petition's circulators, Tanya Robinson, and thereby refused to recognize in support of the proposed Initiative more than 4,600 signatures.

Jurisdiction and Venue

1. This Court has jurisdiction over this action pursuant to D.C. Code Ann. § 1-1320 and D.C. Code Ann. § 11-922 (1992 Repl.)

Parties

2. Plaintiff Wayne Turner is a qualified registered elector of the District of Columbia and is the official proposer of Initiative Measure No. 59, entitled "Legalization of Marijuana for Medical Treatment Initiative of 1998."

3. Defendant District of Columbia Board of Elections and Ethics (the "Board") is an independent agency of the District of Columbia Government, charged by statute with implementing and enforcing the laws governing the initiative process, and authorized by statute to sue or be sued in its own name.

Facts

4. On December 9, 1997, Steve Michael, the measure's original sponsor and a qualified registered elector who died from AIDS on May 25, 1998, submitted to the Board a proposed initiative measure to legalize marijuana for medical purposes in the District of Columbia, pursuant to D.C. Code Ann. § 1-1320(a). Plaintiff Wayne Turner succeeded Steve Michael as sponsor of proposed Initiative Measure No. 59.

5. On January 9, 1998, the Board accepted the measure as a proper subject of initiative, and approved a short title and summary statement, pursuant to D.C. Code Ann. § 1-1320(a)-(d).

6. On February 11, 1998, the Board assigned to the measure the number "Initiative Measure No. 59," and authorized the proposer to circulate petitions for signatures, pursuant to D.C. Code Ann. § 1-1320(a)-(d).

7. Between February 12, 1998 and July 6, 1998, within the 180-day time limit established by D.C. Code Ann. § 1-1320(j)(1), the Initiative Measure No. 59 organizers circulated petitions and collected more than 32,000 petition signatures in support of Initiative Measure No. 59.

8. On July 6, 1998, more than 30 days prior to the expiration of the said 180-day limit, plaintiff timely submitted to the Board 1,815 signed petition sheets, containing a total of approximately 32,000 signatures in support of proposed Initiative Measure No. 59.

9. Among the petitions submitted to the Board were petitions circulated by Tanya Robinson, containing 4,641 signatures.

10. On the petitions she circulated, Ms. Robinson executed the "Circulator's Affidavit of Certification" printed on each petition, which states:

11. On the line for entry of"Address, incl. ZIP Code," Ms. Robinson wrote her mailing address. See Attachment A appended hereto.

12. Prior to her execution of the circulator's certificates, Ms. Robinson had filed a registration card with the Board. See Attachment B appended hereto.

13. The address entered by Ms. Robinson on her petitions is the same address listed as her mailing address on her registration card.

14. The Board determined that, as of May 31, 1998, 5% of qualified registered DC voters amounted to a total of 16,997. D.C. Code Ann. § 1-1320(i) requires that an initiative proposer "shall secure the valid signatures of registered qualified electors ... equal in number to 5 percent of the registered electors in the District of Columbia," and further "that the total signatures submitted include 5 percent of the registered electors in each of 5 or more of the 8 wards."

15. The Board, on the basis of petitions submitted in support of Initiative Measure No. 59, but not including those circulated by Ms. Robinson, conducted its numerical verification process and determined that the petition contained the signatures of 17,095 registered qualified D.C. electors I. 95 signatures in excess of numerical sufficiency to qualify city-wide, pursuant to D.C. Code Ann. § 1-1320(i).

16. The Board also, again on the basis of petitions submitted in support of Initiative Measure No. 59, but not including those circulated by Ms. Robinson, conducted its ward-based analysis and determined that the petition contained the signatures of more than 5% of the registered qualified D.C. electors in five of the District's eight wards, pursuant to D.C. Code Ann. § 1-1320(i).

17. The Board retained an expert to conduct a statistical analysis of the validity ofthe submitted signatures counted by the Board, pursuant to D.C. Code Ann. § 1-1320(o)(1). The signatures submitted to the expert for analysis did not include the "set aside" petition sheets circulated by Tanya Robinson.

18. The expert selected a random sample of 100 signatures from each ward, totalling 800 signatures. The Board conducted a comparison review of these 800 signatures and rejected only 11 for analysis by the expert.

19. Without including the "set aside" Robinson petition sheets, the expert nevertheless determined that, with the required 95% confidence level, sufficient signatures were submitted in 5 of the District's 8 wards, as required by D.C. Code Ann. § 1-1320(i). The expert could not determine with the required 95% confidence level, however, that the 17,092 signatures on petition sheets accepted by the Board contained the required 16,997 valid signatures.

20. At the regular meeting of the Board held August 5, 1998, the Board adopted the staff recommendation to "set aside" the petition sheets submitted by Tanya Robinson. The Board accepted the statistical determination that the minimum number of valid signatures were submitted for 5 ofthe District's 8 election wards. The Board, however, rejected Initiative Measure No. 59 on the ground that the petition sheets accepted did not contain, based on the statistical sample, with the required 95% confidence level, the minimum number of valid signatures District-wide.

21. Pursuant to D.C. Code Ann. § 1-1320, this application, for a writ in the nature of mandamus to compel the Board to accept Initiative Measure No. 59 for certification to the November 1998 ballot, is submitted by the initiative measure proposer within ten (10) days of the Board's decision to reject Initiative Measure No. 59.

22. Pursuant to D.C. Code Ann. § 1-1320, this Court shall expedite consideration of the matter.

Claims for Relief

23. In rejecting plaintiffs petition, the Board violated plaintiffs statutory right to place an initiative on the ballot. D.C. Code Ann. § 1-1320.

24. The Board's "setting aside" of Tanya Robinson's petitions was arbitrary and capricious. Ms. Robinson followed the instructions given on the petition when she gave her address. The petition does not specify which address, and Ms. Robinson exercised common sense when she listed her mailing address, knowing it to be listed among the records of the Board. Accordingly, the signatures collected by Tanya Robinson should have been counted by the Board and should have been included in the statistical base of total signatures analyzed by the Board's expert. The only requirement under law not met by the proposers of the initiative, and the Board's sole basis for rejecting the petition, was that the petition did not meet the required 95% confidence level District-wide for qualification pursuant to D.C. Code Ann. § 1-1320(i) and statements

25. The Board's arbitrary and capricious "setting aside of Tanya Robinson's petitions resulted in the Board's failure, to date, to tabulate the signatures contained in Ms. Robinson's petition sheets. Even deferring the decision of whether or not to accept Ms. Robinson's petition sheets until the hearing on August 5, 1998, the Board could and should have tabulated the signatures contained in Ms. Robinson's petition sheets.

WHEREFORE, plaintiff requests that this Court:

A. Enter judgment declaring that the petition sheets submitted by Tanya Robinson in support of proposed Initiative Measure No. #59 should have been accepted by the Board;

B. Order the Board to include the petition sheets submitted by Tanya Robinson and to tabulate and analyze the signatures contained on such petition sheets, in conjunction with the signatures contained on the petition sheets previously accepted and;

C. In the event that the total number of valid signatures exceeds the number of signatures required District-wide, order the Board to certify Initiative Measure No. 59 for placement on the ballot at the general election to be held on November 3, 1998;

D. Award the plaintiff his costs and attorneys' fees, as permitted by D.C. Code Ann. § 11320; and

E. Grant plaintiff such other and further relief as the Court deems just and proper.

Respectfully submitted

Wayne Turner
Plaintiff statements

Dated: August 10,1998

VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief

Wayne Turner

Matthew S. Watson
D.C. Bar #13623
1701 Q Street, N.W.
Washington, D.C. 20009
(202) 986-7500

Alisa A. Wilkins
D.C. Bar #440880
Gaffney & Schember, P.C.
1666 Connecticut Ave., N.W.
Suite 225
Washington, DC 20009

(202) 328-2244

Counsel for Plaintiff

IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION

WAYNE TURNER                   )
            Plaintiff,         )
                               )
    v.                         )    Civil Action No.
                               )
DISTRICT OF COLUMBIA           )
BOARD OF ELECTIONS AND ETHICS  )
            Defendant.         )

ORDER

Upon consideration of plaintiffs Petition for Expedited Writ in the Nature of Mandamus, any opposition, and a hearing held on __________________________________, 1998, it is by the Court, this _____ day of , __________________1998, hereby

ORDERED

1. that the defendant District of Columbia Board of Elections and Ethics erred when it rejected the signatures contained on the petition sheets circulated by Tanya Robinson in support of Initiative Measure No. 59; and further

2. that the Board of Elections shall accept the petition sheets circulated by Tanya Robinson and cause the same to be tabulated and analyzed together with the petitions previously accepted by the Board; and further

3. that, upon a finding that the total number of valid signatures exceeds the number of signatures required District-wide, the Board shall certify Initiative Measure No. #59 for placement on the ballot at the general election to be held on November 3, 1998;

4. that the plaintiff is hereby awarded, and defendant shall pay to plaintiff his costs of suit and reasonable attorneys' fees.

JUDGE
Superior Court ofthe District of Columbia

Kenneth J. McGhie, Esq.
William O. Sanford, Esq.
441 4th Street, N.W.
Suite 270
Washington, D.C.20001

Matthew S. Watson
1701 Q Street, N.W.
Washington, D.C. 20009

Alisa A. Wilkins
Gaffney I. Schember, P.C.
1666 Connecticut Ave., N.W.
Suite 225
Washington, DC 20009

IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA

CIVIL DIVISION

WAYNE TURNER                       |
409 H Street, N.E.                 |
Washington, D.C. 20002             |
                Plaintiff,         |
                                   |
      v.                           |   Civil Action No. 98 CA 006077
                                   |
DISTRICT OF COLUMBIA               |
BOARD OF ELECTIONS AND ETHICS      |
441 4th Street, N.W.               |
Suite 270                          |
Washington, D.C. 20001             |
                Defendant.         |
                                   |
    Serve:                         |
                                   |
Benjamin Wilson, Chair             |
D.C. Board of Elections and Ethics |
441 Fourth Street, N.W.            |
Suite 270                          |
Washington, D.C. 20001             |

CERTIFICATE OF SERVICE

I hereby certify that, on this 10th day of August, 1998, I served copies of the attached PETITION OF AN EXPEDITED WRIT IN THE NATURE OF MANDAMUS, and a summons, by hand delivering the documents to the offices of Benjamin Wilson, Chairman of the D.C. Board of Elections and Ethics, and Kenneth McGhie, Colunsel for the D.C. Board of Elections and Ethics, on the 2nd floor, 441 4th Street, N.W,

Washington, D.C.

Charles E. Raines, Jr.