Petition For Writs of Mandamus

BRADLEY S. SCHRAGER, ESQ.
1 Nevada Bar No. 10217

DANIEL BRAVO, ESQ.
JOHN SAMBERG, ESQ.
ERIC LEVINRAD, ESQ.
4 California Bar No. 169025
(Pro hac vice forthcoming)
5 WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
6 3773 Howard Hughes Parkway, Suite 590 South
Las Vegas, Nevada 89169
7 (702) 341-5200/Fax: (702) 341-5300
[email protected]
8
MARGARET A MCLETCHIE
MCLETCHIE LAW
10 602 South Tenth Street
Las Vegas, NV 89101
11 (702) 728-5300
Fax: (702)425-8220
12 [email protected]
13 Attorneys for Petitioners
14
IN THE FIRST JUDICIAL DISTRICT COURT
15
OF THE STATE OF NEVADA IN AND FOR CARSON CITY
16
17 ROBERT HOLLOWOOD, an individual; Case No.:

KENNETH BELKNAP, an individual; Dept.:
18 NEVADANS FOR FAIR GAMING
TAXES PAC, a Nevada committee for
19 political action; FUND OUR SCHOOLS
PAC, a Nevada committee for political PETITION FOR WRITS OF
20 action, MANDAMUS AND PROHIBITION
21 Petitioners,
22 vs.
23 BARBARA CEGAVSKE, in her official
capacity as NEVADA SECRETARY OF
24 STATE,
25 Respondent.
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1
2 Petitioners Robert Hollowood, Kenneth Belknap, Nevadans for Fair Gaming
3 Taxes PAC, and Fund Our Schools PAC petition this Court to issue writs of
4 mandamus and prohibition against the Nevada Secretary of State, Barbara
5 Cegavske, and allege as follows:
6 1. On or about January 14, 2020, and amended on or about March 30, 2020,
7 Petitioner Hollowood, on behalf of Petitioner Nevadans for Fair Gaming Taxes PAC,
8 submitted and filed with the Nevada Secretary of State Statutory Initiative Petition
9 S-01-2020. See Exhibits 1 and 2 to Petitioners’ Appendix (“P.App.”), filed
10 concurrently herewith, true and accurate copies of the submitted initiative petition
11 and its subsequent amendment. See also Exhibit 3 to P.App., a true and accurate
12 copy of the Notice of Intent to Circulate, in Petitioner Hollowood’s name, for Statutory
13 Initiative Petition S-01-2020.
14 2. On or about January 15, 2020, and amended on or about March 24, 2020,
15 amended again on March 30, 2020, and amended a third time on June 19, 2020,
16 Petitioner Belknap, on behalf of Petitioners Fund Our Schools PAC, submitted and
17 filed with the Nevada Secretary of State the Statutory Initiative Petition S-02-2020.
18 See Exhibits 4, 5, 6, and 7 to P.App., true and accurate copies of the submitted
19 initiative petition and its subsequent amendments. See also Exhibit 8 to P.App., a
20 true and accurate copy of the Notice of Intent to Circulate, in Petitioner Belknap’s
21 name, for Statutory Initiative Petition S-02-2020.
22 3. On or about June 2, 2021, Petitioner Hollowood, as the individual
23 charged with the authority to do so under NRS 295.015(1)(b)(3), submitted to the
24 Nevada Secretary of State a fully-executed Petition Withdrawal Form, withdrawing
25 Statutory Initiative Petition S-01-2020 and directing no further action be taken on it,
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1 pursuant to NRS 295.026.1 See Exhibit 9 to P.App., a true and accurate copy of the
2 Petition Withdrawal Form associated with S-01-2020. See Exhibit 3 to P.App.
3 4. On or about July 20, 2021, the Nevada Secretary of State issued a
4 request for legal opinion from the Nevada Attorney General on the question of
5 whether there was a conflict between Article 19, Section 2 of the Nevada Constitution
6 and NRS 295.026 on the question of the withdrawal of ballot initiative petitions by
7 their proponents. On or about July 28, 2021, the Nevada Attorney General responded
8 with Attorney General Opinion (“AGO”) 2021-04, answering that, in the opinion of
9 the Attorney General’s Office, there was no such conflict preventing withdrawal of
10 initiative petitions by proponents. See Exhibit 10 to P.App., a true and accurate copy
11 of AGO 2021-04.
12 5. On or about October 6, 2021, Petitioner Belknap, as the individual
13 charged with the authority to do so under NRS 295.015(1)(b)(3), submitted to the
14 Nevada Secretary of State a fully-executed Petition Withdrawal Form, withdrawing
15 Statutory Initiative Petition S-02-2020 and directing no further action be taken on it,
16 pursuant to NRS 295.026. See Exhibit 11 to P.App., a true and accurate copy of the
17 Petition Withdrawal Form associated with S-02-2020. See Exhibit 8 to P.App.
18 6. On or about September 7, 2021, Nevada Secretary of State Barbara

19 Cegavske issued a letter addressed to the Nevada Attorney General, indicating that
20 her office would decline to permit Petitioners to withdraw their statutory initiative
21 petitions and would place Statutory Initiative Petition S-01-2020 and, presumably,
22
23 1 NRS 295.026 Withdrawal of petition.

24 1. A petition for initiative or referendum may be withdrawn if a person
authorized pursuant to NRS 295.015 to withdraw the petition submits a notice of
25 withdrawal to the Secretary of State on a form prescribed by the Secretary of State.
2. Once a petition for initiative or referendum is withdrawn pursuant to
26
subsection 1, no further action may be taken on that petition.
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1 Statutory Initiative Petition S-02-2020, on the 2022 General Election ballot. See
2 Exhibit 12 to P.App., a true and accurate copy of the Secretary’s correspondence
3 indicating her intentions.
4 7. The Secretary of State has no discretion under law to refuse to permit
5 Petitioners to withdraw their respective initiative petitions, and therefore Petitioners
6 are entitled to writs of mandamus directing her to do so.
7 8. Under pertinent law, the Secretary of State must be prohibited from
8 placing the subject initiative petitions on the 2022 General Election ballot.
9 WHEREFORE, Petitioners ask for the following relief:
10 A. That the Court issue a writ of mandamus directing the Secretary of
11 State to permit Petitioners to withdraw Statutory Initiative Petitions S-01-2020 and
12 S-02-2020, per the terms of NRS 295.026 and her non-discretionary duty under law,
13 and that no further action be taken with respect to those petitions;
14 B. That the Court issue a writ of prohibition directing the Secretary of
15 State to desist from placing Statutory Initiative Petitions S-01-2020 and S-02-2020
16 on the 2022 General Election ballot in Nevada;
17 / / /
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
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1 C. That the Court grant such other and further relief as may be just,
2 equitable, and proper, to effect the necessary result required in this action.
3 AFFIRMATION
4 The undersigned hereby affirm that the foregoing document does not contain
5 the social security number of any person.

DATED this ___ day of December, 2021
6
WOLF, RIFKIN, SHAPIRO,
7 SCHULMAN & RABKIN, LLP
8
By:
9 BRADLEY S. SCHRAGER, ESQ.
Nevada Bar No. 10217
10 DANIEL BRAVO, ESQ.
11 JOHN SAMBERG, ESQ.
12 ERIC LEVINRAD, ESQ.
California Bar No. 169025
13 (Pro hac vice forthcoming)
3773 Howard Hughes Parkway, Suite 590 South
14 Las Vegas, Nevada 89169
15 MARGARET A MCLETCHIE
16 MCLETCHIE LAW
602 South Tenth Street
17 Las Vegas, NV 89101
18 Attorneys for Petitioners
19
20
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BRADLEY S. SCHRAGER, ESQ.

1 Nevada Bar No. 10217

13 Attorneys for Petitioners

17 ROBERT HOLLOWOOD, an individual; Case No.:

2 Petitioners Robert Hollowood, Kenneth Belknap, Nevadans for Fair Gaming

4 mandamus and prohibition against the Nevada Secretary of State, Barbara

5 Cegavske, and allege as follows:

9 S-01-2020. See Exhibits 1 and 2 to Petitioners’ Appendix (“P.App.”), filed

13 Initiative Petition S-01-2020.

21 name, for Statutory Initiative Petition S-02-2020.

22 3. On or about June 2, 2021, Petitioner Hollowood, as the individual

23 charged with the authority to do so under NRS 295.015(1)(b)(3), submitted to the

24 Nevada Secretary of State a fully-executed Petition Withdrawal Form, withdrawing

2 Petition Withdrawal Form associated with S-01-2020. See Exhibit 3 to P.App.

3 4. On or about July 20, 2021, the Nevada Secretary of State issued a

12 5. On or about October 6, 2021, Petitioner Belknap, as the individual

13 charged with the authority to do so under NRS 295.015(1)(b)(3), submitted to the

14 Nevada Secretary of State a fully-executed Petition Withdrawal Form, withdrawing

17 Petition Withdrawal Form associated with S-02-2020. See Exhibit 8 to P.App.

18 6. On or about September 7, 2021, Nevada Secretary of State Barbara

23 1 NRS 295.026 Withdrawal of petition.

2 Exhibit 12 to P.App., a true and accurate copy of the Secretary’s correspondence

3 indicating her intentions.

4 7. The Secretary of State has no discretion under law to refuse to permit

5 Petitioners to withdraw their respective initiative petitions, and therefore Petitioners

6 are entitled to writs of mandamus directing her to do so.

7 8. Under pertinent law, the Secretary of State must be prohibited from

9 WHEREFORE, Petitioners ask for the following relief:

10 A. That the Court issue a writ of mandamus directing the Secretary of

11 State to permit Petitioners to withdraw Statutory Initiative Petitions S-01-2020 and

13 and that no further action be taken with respect to those petitions;

14 B. That the Court issue a writ of prohibition directing the Secretary of

16 on the 2022 General Election ballot in Nevada;

5 the social security number of any person.

18 Attorneys for Petitioners

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