Angle v. Miller

While the state of Nevada allowed ballot initiatives, it restricted those initiatives with rules designed to ascertain that an initiative topic had sufficient grassroots support throughout the state to justify its inclusion on a ballot. Nevada had utilized a rule called the 13 Counties Rule, which required an initiative petition to obtain a number of signatures equal to 10 percent of the number of voters from the last preceding general election in 13 of Nevada’s 17 counties. That rule was struck down as violating the Equal Protection Clause, as it favored residents of sparsely populated areas in making initiative policy. Accordingly, Nevada enacted the All Districts Rule, which required initiative proponents to meet that 10 percent threshold in each of Nevada’s congressional districts. At the time of the All Districts Rule’s enaction, Nevada had three districts, but it later drew a fourth district through reapportionment. As congressional districts were required to be drawn with even populations, there was no apparent issue of favoring voters in sparsely populated areas. However, a group of voters including Sharron Angle (plaintiffs) filed suit against Nevada Secretary of State Ross Miller (defendant), arguing that the All Districts Rule violated the Equal Protection Clause of the Fourteenth Amendment. Specifically, Angle argued that the All Districts Rule diluted votes by requiring consensus across districts; by not relying on a one-person, one-vote standard; and by discriminating against initiative proponents who could fail to meet the standard by increasing the burden and expenses to qualify initiatives for voting. The parties moved for summary judgment, and the trial court ruled for the state. Angle appealed.