USA Statutes : nevada
Title : Title 24 - ELECTIONS
Chapter : CHAPTER 295 - INITIATIVE AND REFERENDUM
1. Each petition for initiative or referendum must:
(a) Embrace but one subject and matters necessarily connected
therewith and pertaining thereto; and
(b) Set forth, in not more than 200 words, a description of the
effect of the initiative or referendum if the initiative or referendum is
approved by the voters. The description must appear on each signature
page of the petition.
2. For the purposes of paragraph (a) of subsection 1, a petition
for initiative or referendum embraces but one subject and matters
necessarily connected therewith and pertaining thereto, if the parts of
the proposed initiative or referendum are functionally related and
germane to each other in a way that provides sufficient notice of the
general subject of, and of the interests likely to be affected by, the
proposed initiative or referendum.
(Added to NRS by 2005, 2837 )
1. Before a petition for initiative or referendum may be presented
to the registered voters for their signatures, a copy of the petition for
initiative or referendum, including the description required pursuant to
NRS 295.009 , must be placed on file
with the Secretary of State.
2. Upon receipt of a petition for initiative or referendum placed
on file pursuant to subsection 1, the Secretary of State shall consult
with the Fiscal Analysis Division of the Legislative Counsel Bureau to
determine if the initiative or referendum may have any anticipated
financial effect on the State or local governments if the initiative or
referendum is approved by the voters. If the Fiscal Analysis Division
determines that the initiative or referendum may have an anticipated
financial effect on the State or local governments if the initiative or
referendum is approved by the voters, the Division must prepare a fiscal
note that includes an explanation of any such effect.
3. Not later than 10 business days after the Secretary of State
receives a petition for initiative or referendum filed pursuant to
subsection 1, the Secretary of State shall post a copy of the petition,
including the description required pursuant to NRS 295.009 and any fiscal note prepared pursuant to
subsection 2, on his Internet website.
(Added to NRS by 1963, 1384; A 1981, 12; 1985, 1112; 2005, 2838
)
If the initiative
petition proposes an amendment to the Constitution, in resubmitting the
initiative to the voters, the Secretary of State shall use the same
identifying number or other identification used for the first submission.
(Added to NRS by 1963, 1384; A 1973, 332; 1985, 550)
1. A petition for referendum must be filed with the Secretary of
State not less than 120 days before the date of the next succeeding
general election.
2. The Secretary of State shall certify the questions to the
county clerks, and they shall publish them in accordance with the
provisions of law requiring county clerks to publish questions and
proposed constitutional amendments which are to be submitted for popular
vote.
3. The title of the statute or resolution must be set out on the
ballot, and the question printed upon the ballot for the information of
the voters must be as follows: “Shall the statute (setting out its title)
be approved?”
4. Where a mechanical voting system is used, the title of the
statute must appear on the list of offices and candidates and the
statements of measures to be voted on and may be condensed to no more
than 25 words.
5. The votes cast upon the question must be counted and canvassed
as the votes for state officers are counted and canvassed.
(Added to NRS by 1963, 1383; A 1977, 247; 1979, 268; 1981, 13;
1985, 1112; 2005, 2838 )
1. The Secretary of State shall by regulation specify:
(a) The format for the signatures on a petition for an initiative
or referendum and make free specimens of the format available upon
request. Each signature must be dated.
(b) The manner of fastening together several sheets circulated by
one person to constitute a single document.
2. Each document of the petition must bear the name of a county,
and only registered voters of that county may sign the document.
3. A person who signs a petition may request that the county clerk
remove his name from it by transmitting his request in writing to the
county clerk at any time before the petition is filed with the county
clerk.
(Added to NRS by 1963, 1385; A 1985, 550; 1987, 1374; 2001, 644
)
1. Before a petition for initiative or referendum is filed with
the Secretary of State, the petitioners must submit to each county clerk
for verification pursuant to NRS 293.1276 to 293.1279 , inclusive, the document or documents which
were circulated for signature within his county. The clerks shall give
the person submitting a document or documents a receipt stating the
number of documents and pages and the person’s statement of the number of
signatures contained therein.
2. If a petition for initiative proposes a statute or an amendment
to a statute, the document or documents must be submitted not later than
the second Tuesday in November of an even-numbered year.
3. If a petition for initiative proposes an amendment to the
Constitution, the document or documents must be submitted not later than
the third Tuesday in June of an even-numbered year.
4. If the petition is for referendum, the document or documents
must be submitted not later than the third Tuesday in May of an
even-numbered year.
5. All documents which are submitted to a county clerk for
verification must be submitted at the same time.
(Added to NRS by 1983, 923; A 1985, 551, 1113; 1991, 2226; 1993,
2669; 1999, 3560 )
1. The description of the effect of an initiative or referendum
required pursuant to NRS 295.009 may be
challenged by filing a complaint in the First Judicial District Court not
later than 30 days, Saturdays, Sundays and holidays excluded, after a
copy of the petition is initially placed on file with the Secretary of
State pursuant to NRS 295.015 . All
affidavits and documents in support of the challenge must be filed with
the complaint. The court shall set the matter for hearing not later than
30 days after the complaint is filed and shall give priority to such a
complaint over all criminal proceedings.
2. The legal sufficiency of a petition for initiative or
referendum may be challenged by filing a complaint in district court not
later than 7 days, Saturdays, Sundays and holidays excluded, after the
petition is certified as sufficient by the Secretary of State. All
affidavits and documents in support of the challenge must be filed with
the complaint. The court shall set the matter for hearing not later than
30 days after the complaint is filed and shall give priority to such a
complaint over all other matters pending with the court, except for
criminal proceedings.
(Added to NRS by 1999, 3560 ; A 2005, 2839 )
COUNTY INITIATIVE AND REFERENDUM
As used in NRS 295.075 to 295.125 ,
inclusive, unless the context otherwise requires, “board” means the board
of county commissioners.
(Added to NRS by 1967, 380; A 1999, 2120 )
The registered voters of a county may:
1. Propose ordinances to the board and, if the board fails to
adopt an ordinance so proposed without change in substance, adopt or
reject it at a general election.
2. Require reconsideration by the board of any adopted ordinance
and, if the board fails to repeal an ordinance so reconsidered, approve
or reject it at a general election.
(Added to NRS by 1967, 380; A 1993, 1032; 2005, 2839 )
1. Any five registered voters of the county may commence
initiative or referendum proceedings by filing with the county clerk an
affidavit stating they will constitute the petitioners’ committee and be
responsible for circulating the petition and filing it in proper form,
stating their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the
proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
2. Initiative petitions must be signed by a number of registered
voters of the county equal to 15 percent or more of the number of voters
who voted at the last preceding general election in the county.
3. Referendum petitions must be signed by a number of registered
voters of the county equal to 10 percent or more of the number of voters
who voted at the last preceding general election in the county.
4. A petition must be submitted to the county clerk for
verification, pursuant to NRS 295.250
to 295.290 , inclusive, not later than:
(a) One hundred and eighty days after the date that the affidavit
required by subsection 1 is filed with the county clerk; or
(b) One hundred and thirty days before the election,
Ê whichever is earlier.
5. A petition may consist of more than one document, but all
documents of a petition must be uniform in size and style, numbered and
assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil and followed by the address of the
person signing and the date on which he signed the petition. All
signatures on a petition must be obtained within the period specified in
subsection 4. Each document must contain, or have attached thereto
throughout its circulation, the full text of the ordinance proposed or
sought to be reconsidered.
6. Each document of a petition must have attached to it when
submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons
whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the
full text of the ordinance proposed or sought to be reconsidered.
7. The county clerk shall issue a receipt to any person who
submits a petition pursuant to this section. The receipt must set forth
the number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the
petition.
(Added to NRS by 1967, 380; A 1989, 1182; 1997, 2787; 2001, 644
, 2964 )
1. Within 20 days after the petition is submitted to the county
clerk pursuant to NRS 295.095 , the
county clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is
certified insufficient and the petitioners’ committee does not elect to
request board review under subsection 3 within the time required, the
county clerk shall promptly present his certificate to the board and the
certificate is a final determination as to the sufficiency of the
petition.
3. If a petition has been certified insufficient, the committee
may, within 2 days after receiving a copy of the certificate, file a
request that it be reviewed by the board. The board shall review the
certificate at its next meeting following the filing of the request and
approve or disapprove it, and the determination of the board is a final
determination as to the sufficiency of the petition.
4. A final determination as to the sufficiency of a petition is
subject to judicial review. If the final determination is challenged by
filing a complaint in district court, the court shall set the matter for
hearing not later than 3 days after the complaint is filed and shall give
priority to such a complaint over all other matters pending with the
court, except for criminal proceedings. A final determination of
insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.
(Added to NRS by 1967, 380; A 1989, 1183; 2001, 2965 ; 2005, 2839 )
1. When an initiative or referendum petition has been finally
determined sufficient, the board shall promptly consider the proposed
initiative ordinance in the manner provided by law for the consideration
of ordinances generally or reconsider the referred ordinance by voting
its repeal. If, within 30 days after the date the petition was finally
determined sufficient, the board fails to adopt the proposed initiative
ordinance without any change in substance or fails to repeal the referred
ordinance, the board shall submit the proposed or referred ordinance to
the registered voters of the county.
2. The vote of the county on the proposed or referred ordinance
must be held at the next general election. Copies of the proposed or
referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any
time before the 30th day preceding the day scheduled for a vote of the
county or the deadline for placing questions on the ballot, whichever is
earlier, by filing with the county clerk a request for withdrawal signed
by at least four members of the petitioners’ original committee. Upon the
filing of that request, the petition has no further effect and all
proceedings thereon must be terminated.
(Added to NRS by 1967, 381; A 1969, 896; 1993, 1032; 2001, 2966
; 2005, 2840 )
1. In a county whose population is 40,000 or more, for each
initiative, referendum or other question to be placed on the ballot by:
(a) The board, including, without limitation, pursuant to NRS
293.482 , 295.115 or 295.160 ;
(b) The governing body of a school district, public library or
water district authorized by law to submit questions to some or all of
the qualified electors or registered voters of the county; or
(c) A metropolitan police committee on fiscal affairs authorized by
law to submit questions to some or all of the qualified electors or
registered voters of the county,
Ê the board shall, in consultation with the county clerk pursuant to
subsection 5, appoint two committees. Except as otherwise provided in
subsection 2, one committee must be composed of three persons who favor
approval by the voters of the initiative, referendum or other question
and the other committee must be composed of three persons who oppose
approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to
subsection 5, the board is unable to appoint three persons who are
willing to serve on a committee, the board may appoint fewer than three
persons to that committee, but the board must appoint at least one person
to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that
favors approval by the voters of an initiative, referendum or other
question and the committee that opposes approval by the voters of that
initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment
and expires upon the publication of the sample ballot containing the
initiative, referendum or other question.
4. The county clerk may establish and maintain a list of the
persons who have expressed an interest in serving on a committee
appointed pursuant to this section. The county clerk, after exercising
due diligence to locate persons who favor approval by the voters of an
initiative, referendum or other question to be placed on the ballot or
who oppose approval by the voters of an initiative, referendum or other
question to be placed on the ballot, may use the names on a list
established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this section,
the county clerk shall:
(a) Recommend to the board persons to be appointed to the
committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on
the committee; and
(2) A person who is a member of an organization that has
expressed an interest in having a member of the organization serve on the
committee.
6. If the board of a county whose population is 40,000 or more
fails to appoint a committee as required pursuant to this section, the
county clerk shall, in consultation with the district attorney, prepare
an argument advocating approval by the voters of the initiative,
referendum or other question and an argument opposing approval by the
voters of the initiative, referendum or other question. Each argument
prepared by the county clerk must satisfy the requirements of paragraph
(f) of subsection 7 and any rules or regulations adopted by the county
clerk pursuant to subsection 8. The county clerk shall not prepare the
rebuttal of the arguments required pursuant to paragraph (e) of
subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the
requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing
approval by the voters of the initiative, referendum or other question,
based on whether the members were appointed to advocate or oppose
approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other
committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to
paragraphs (d) and (e):
(1) The fiscal impact of the initiative, referendum or other
question;
(2) The environmental impact of the initiative, referendum
or other question; and
(3) The impact of the initiative, referendum or other
question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to
paragraphs (d), (e) and (f) to the county clerk not later than the date
prescribed by the county clerk pursuant to subsection 8.
8. The county clerk of a county whose population is 40,000 or more
shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal
prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to
this section must be submitted by the committee to the county clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to
this section, the county clerk:
(a) May consult with persons who are generally recognized by a
national or statewide organization as having expertise in the field or
area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he
believes is libelous or factually inaccurate.
Ê Not later than 5 days after the county clerk rejects a statement
pursuant to this subsection, the committee may appeal that rejection to
the district attorney. The district attorney shall review the statement
and the reasons for its rejection and may receive evidence, documentary
or testimonial, to aid him in his decision. Not later than 3 business
days after the appeal by the committee, the district attorney shall issue
his decision rejecting or accepting the statement. The decision of the
district attorney is a final decision for the purposes of judicial
review. If the decision of the district attorney is challenged by filing
a complaint in district court, the court shall set the matter for hearing
not later than 3 days after the complaint is filed and shall give
priority to such a complaint over all other matters pending with the
court, except for criminal proceedings.
10. The county clerk shall place in the sample ballot provided to
the registered voters of the county each argument and rebuttal prepared
pursuant to this section, containing all statements that were not
rejected pursuant to subsection 9. The county clerk may revise the
language submitted by the committee so that it is clear, concise and
suitable for incorporation in the sample ballot, but shall not alter the
meaning or effect without the consent of the committee.
11. In a county whose population is less than 40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the
county clerk shall provide for rules or regulations pursuant to
subsection 8.
12. Except as otherwise provided in this subsection, if a question
is to be placed on the ballot by an entity described in paragraph (b) or
(c) of subsection 1, the entity must provide a copy and explanation of
the question to the county clerk at least 30 days earlier than the date
required for the submission of such documents pursuant to subsection 1 of
NRS 293.481 . This subsection does not
apply to a question if the date that the question must be submitted to
the county clerk is governed by subsection 2 of NRS 293.481 .
13. The provisions of chapter 241 of
NRS do not apply to any consultations, deliberations, hearings or
meetings conducted pursuant to this section.
(Added to NRS by 1999, 2118 ; A 2001, 645 , 1974 ; 2003, 1662 , 1693 , 3199 , 3513 ; 2005, 2840 )
1. If a majority of the registered voters voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in all
respects in the same manner as ordinances of the same kind adopted by the
council. If conflicting ordinances are approved at the same election, the
one receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.
2. If a majority of the registered voters voting on a referred
ordinance vote against it, it shall be considered repealed upon
certification of the election results.
(Added to NRS by 1967, 382)
COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS OR RESOLUTIONS
1. Whenever 10 percent or more of the registered voters of any
county of this State, as shown by the number of registered voters who
voted at the last preceding general election, express their wish that any
act or resolution enacted by the Legislature, and pertaining to that
county only, be submitted to the vote of the people, they shall submit to
the county clerk a petition, which must contain the names and residence
addresses of at least 10 percent of the registered voters of that county,
demanding that a referendum vote be had by the people of the county at
the next general election upon the act or resolution on which the
referendum is demanded.
2. A petition must be submitted to the county clerk for
verification, pursuant to NRS 295.250
to 295.290 , inclusive, not later than
130 days before the time set for the next succeeding general election.
3. A petition may consist of more than one document, but all
documents of a petition must be uniform in size and style, numbered and
assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil and followed by the address of the
person signing and the date on which he signed the petition. Each
document must contain, or have attached thereto throughout its
circulation, the full text of the act or resolution on which the
referendum is demanded.
4. Each document of a petition must have attached to it when
submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons
whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the
full text of the act or resolution on which the referendum is demanded.
5. The county clerk shall issue a receipt to any person who
submits a petition pursuant to this section. The receipt must set forth
the number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the
petition.
6. Within 20 days after a petition is submitted, the county clerk
shall complete a certificate as to its sufficiency. Unless a request for
review is filed pursuant to subsection 7, the certificate is a final
determination as to the sufficiency of the petition.
7. If a petition is certified insufficient, the person who
submitted the petition may, within 2 days after receiving a copy of the
certificate, file a request that it be reviewed by the board of county
commissioners. The board shall review the certificate at its next meeting
following the filing of the request and approve or disapprove it, and the
determination of the board is a final determination as to the sufficiency
of the petition.
8. A final determination as to the sufficiency of a petition is
subject to judicial review. If the final determination is challenged by
filing a complaint in district court, the court shall set the matter for
hearing not later than 3 days after the complaint is filed and shall give
priority to such a complaint over all other matters pending with the
court, except for criminal proceedings. A final determination of
insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.
(Added to NRS by 1960, 280; A 1993, 1033; 2001, 2966 ; 2005, 2842 )
1. The names of the registered voters petitioning need not be all
upon one petition, but may be contained on one or more petitions; but
each petition shall be verified by at least one of the voters who has
signed such petition.
2. The voter making the verification shall swear, on information
and belief, that the persons signing the petition are registered voters
of the county and state, and that such signatures are genuine and were
executed in his presence.
(Added to NRS by 1960, 280)
1. If the petition is determined to be sufficient, the county
clerk shall, at the next general election, submit the act or resolution,
by appropriate questions on the ballot, for the approval or disapproval
of the people of that county.
2. The county clerk shall publish those questions in accordance
with the provisions of law requiring county clerks to publish questions
and proposed constitutional amendments which are to be submitted for
popular vote.
(Added to NRS by 1960, 280; A 1993, 1033; 2001, 2967 ; 2005, 2843 )
1. The subject matter of such questions must be stated concisely
on the ballot, and the question printed upon the ballot for the
information of the voter must be as follows: “Shall the act (setting out
the title thereof) be approved?”
2. Where a mechanical voting system is used, the title of the act
must appear on the list of offices and candidates and the statements of
measures to be voted on and may be condensed by the district attorney to
20 words.
3. The district attorney shall prepare an explanation of each such
question, which must be placed on the ballot or the list of offices and
candidates and the statements of measures to be voted on, or posted in
the polling place.
4. The votes cast upon such question must be counted and canvassed
as the votes for county officers are counted and canvassed.
(Added to NRS by 1960, 281; A 1967, 1226; 1977, 248; 1985, 1114)
1. When a majority of the registered voters of the county voting
upon the question submitted, by their vote, approve the act or
resolution, it is the law of the State, and may not be repealed,
overruled, annulled, set aside or in any way made inoperative, except by
a direct vote of the registered voters of that county.
2. When a majority of the registered voters of that county voting
upon the question submitted disapproves, the act or resolution is void.
(Added to NRS by 1960, 281; A 1987, 1374)
MUNICIPAL INITIATIVE AND REFERENDUM
As used in NRS 295.195 to 295.220 ,
inclusive, unless the context otherwise requires:
1. “City” means an incorporated city.
2. “Council” means the governing body of a city.
(Added to NRS by 1967, 377; A 1987, 1719; 1999, 2120 )
The registered voters of a city may:
1. Propose ordinances to the council and, if the council fails to
adopt an ordinance so proposed without change in substance, adopt or
reject it at the next general city election or general election.
2. Require reconsideration by the council of any adopted ordinance
and, if the council fails to repeal an ordinance so reconsidered, approve
or reject it at the next general city election or general election.
(Added to NRS by 1967, 378; A 1987, 364; 1993, 1033; 2005, 2844
)
1. Any five registered voters of the city may commence initiative
or referendum proceedings by filing with the city clerk an affidavit:
(a) Stating they will constitute the petitioners’ committee and be
responsible for circulating the petition and filing it in proper form;
(b) Stating their names and addresses;
(c) Specifying the address to which all notices to the committee
are to be sent; and
(d) Setting out in full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
2. Initiative petitions must be signed by a number of registered
voters of the city equal to 15 percent or more of the number of voters
who voted at the last preceding city election.
3. Referendum petitions must be signed by a number of registered
voters of the city equal to 10 percent or more of the number of voters
who voted at the last preceding city election.
4. A petition must be submitted to the city clerk for
verification, pursuant to NRS 295.250
to 295.290 , inclusive, not later than:
(a) One hundred and eighty days after the date that the affidavit
required by subsection 1 is filed with the city clerk; or
(b) One hundred and thirty days before the election,
Ê whichever is earlier.
5. A petition may consist of more than one document, but all
documents of a petition must be uniform in size and style, numbered and
assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil and followed by the address of the
person signing and the date on which he signed the petition. All
signatures on a petition must be obtained within the period specified in
subsection 4. Each document must contain, or have attached thereto
throughout its circulation, the full text of the ordinance proposed or
sought to be reconsidered.
6. Each document of a petition must have attached to it when
submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons
whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the
full text of the ordinance proposed or sought to be reconsidered.
7. The city clerk shall issue a receipt to any person who submits
a petition pursuant to this section. The receipt must set forth the
number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the
petition.
(Added to NRS by 1967, 378; A 1987, 364; 1989, 1184; 1997, 2788;
2001, 646 , 2967 )
1. Within 20 days after the petition is submitted to the city
clerk pursuant to NRS 295.205 , the city
clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is
certified insufficient and the petitioners’ committee does not elect to
request council review under subsection 3 within the time required, the
city clerk must promptly present his certificate to the council and the
certificate is a final determination as to the sufficiency of the
petition.
3. If a petition has been certified insufficient, the committee
may, within 2 days after receiving the copy of the certificate, file a
request that it be reviewed by the council. The council shall review the
certificate at its next meeting following the filing of the request and
approve or disapprove it, and the council’s determination is a final
determination as to the sufficiency of the petition.
4. A final determination as to the sufficiency of a petition is
subject to judicial review. If the final determination is challenged by
filing a complaint in district court, the court shall set the matter for
hearing not later than 3 days after the complaint is filed and shall give
priority to such a complaint over all other matters pending with the
court, except for criminal proceedings. A final determination of
insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.
(Added to NRS by 1967, 378; A 1989, 1184; 2001, 2968 ; 2005, 2844 )
1. When an initiative or referendum petition has been finally
determined sufficient, the council shall promptly consider the proposed
initiative ordinance in the manner provided by law for the consideration
of ordinances generally or reconsider the referred ordinance by voting
its repeal. If, within 30 days after the date the petition was finally
determined sufficient, the council fails to adopt the proposed initiative
ordinance without any change in substance or fails to repeal the referred
ordinance, the council shall submit the proposed or referred ordinance to
the registered voters of the city.
2. The vote of the city on the proposed or referred ordinance must
be held at the next general city election or general election. Copies of
the proposed or referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any
time before the 30th day preceding the day scheduled for a vote of the
city or the deadline for placing questions on the ballot, whichever is
earlier, by filing with the city clerk a request for withdrawal signed by
at least four members of the petitioners’ original committee. Upon the
filing of that request, the petition has no further effect and all
proceedings thereon must be terminated.
(Added to NRS by 1967, 379; A 1969, 896; 1987, 364; 1993, 1033;
2001, 2969 ; 2005, 2844 )
1. In a city whose population is 10,000 or more, for each
initiative, referendum or other question to be placed on the ballot by
the:
(a) Council, including, without limitation, pursuant to NRS 293.482
or 295.215 ; or
(b) Governing body of a public library or water district authorized
by law to submit questions to some or all of the qualified electors or
registered voters of the city,
Ê the council shall, in consultation pursuant to subsection 5 with the
city clerk or other city officer authorized to perform the duties of the
city clerk, appoint two committees. Except as otherwise provided in
subsection 2, one committee must be composed of three persons who favor
approval by the voters of the initiative, referendum or other question
and the other committee must be composed of three persons who oppose
approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection
5, the council is unable to appoint three persons willing to serve on a
committee, the council may appoint fewer than three persons to that
committee, but the council must appoint at least one person to each
committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that
favors approval by the voters of an initiative, referendum or other
question and the committee that opposes approval by the voters of that
initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment
and expires upon the publication of the sample ballot containing the
initiative, referendum or other question.
4. The city clerk may establish and maintain a list of the persons
who have expressed an interest in serving on a committee appointed
pursuant to this section. The city clerk, after exercising due diligence
to locate persons who favor approval by the voters of an initiative,
referendum or other question to be placed on the ballot or who oppose
approval by the voters of an initiative, referendum or other question to
be placed on the ballot, may use the names on a list established pursuant
to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the council appoints a committee pursuant to this
section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the
committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on
the committee; and
(2) A person who is a member of an organization that has
expressed an interest in having a member of the organization serve on the
committee.
6. If the council of a city whose population is 10,000 or more
fails to appoint a committee as required pursuant to this section, the
city clerk shall, in consultation with the city attorney, prepare an
argument advocating approval by the voters of the initiative, referendum
or other question and an argument opposing approval by the voters of the
initiative, referendum or other question. Each argument prepared by the
city clerk must satisfy the requirements of paragraph (f) of subsection 7
and any rules or regulations adopted by the city clerk pursuant to
subsection 8. The city clerk shall not prepare the rebuttal of the
arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the
requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing
approval by the voters of the initiative, referendum or other question,
based on whether the members were appointed to advocate or oppose
approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other
committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to
paragraphs (d) and (e):
(1) The fiscal impact of the initiative, referendum or other
question;
(2) The environmental impact of the initiative, referendum
or other question; and
(3) The impact of the initiative, referendum or other
question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to
paragraphs (d), (e) and (f) to the city clerk not later than the date
prescribed by the city clerk pursuant to subsection 8.
8. The city clerk of a city whose population is 10,000 or more
shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal
prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to
this section must be submitted by the committee to the city clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to
this section, the city clerk:
(a) May consult with persons who are generally recognized by a
national or statewide organization as having expertise in the field or
area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he
believes is libelous or factually inaccurate.
Ê Not later than 5 days after the city clerk rejects a statement pursuant
to this subsection, the committee may appeal that rejection to the city
attorney or other city officer appointed to hear the appeal by the city
council. The city attorney or other city officer appointed to hear the
appeal shall review the statement and the reasons for its rejection and
may receive evidence, documentary or testimonial, to aid him in his
decision. Not later than 3 business days after the appeal by the
committee, the city attorney or other city officer appointed to hear the
appeal shall issue his decision rejecting or accepting the statement. The
decision of the city attorney or other city officer appointed to hear the
appeal is a final decision for the purposes of judicial review. If the
decision of the city attorney or other city officer appointed to hear the
appeal is challenged by filing a complaint in district court, the court
shall set the matter for hearing not later than 3 days after the
complaint is filed and shall give priority to such a complaint over all
other matters pending with the court, except for criminal proceedings.
10. The city clerk shall place in the sample ballot provided to
the registered voters of the city each argument and rebuttal prepared
pursuant to this section, containing all statements that were not
rejected pursuant to subsection 9. The city clerk may revise the language
submitted by the committee so that it is clear, concise and suitable for
incorporation in the sample ballot, but shall not alter the meaning or
effect without the consent of the committee.
11. In a city whose population is less than 10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section,
the city clerk shall provide for rules or regulations pursuant to
subsection 8.
12. If a question is to be placed on the ballot by an entity
described in paragraph (b) of subsection 1, the entity must provide a
copy and explanation of the question to the city clerk at least 30 days
earlier than the date required for the submission of such documents
pursuant to subsection 1 of NRS 293.481 . This subsection does not apply to a question
if the date that the question must be submitted to the city clerk is
governed by subsection 2 of NRS 293.481 .
(Added to NRS by 1999, 2119 ; A 2001, 647 , 1976 ; 2003, 1695 , 3201 ; 2005, 2845 )
1. If a majority of the registered voters voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in all
respects in the same manner as ordinances of the same kind adopted by the
council. If conflicting ordinances are approved at the same election, the
one receiving the greatest number of affirmative votes shall prevail to
the extent of such conflict.
2. If a majority of the registered voters voting on a referred
ordinance vote against it, it shall be considered repealed upon
certification of the election results.
(Added to NRS by 1967, 379)
SUFFICIENCY OF CERTAIN PETITIONS
1. Upon submission of a petition containing signatures that are
required to be verified pursuant to NRS 295.095 , 295.140 or
295.205 , the county or city clerk shall
determine the total number of signatures on the petition.
2. If the county or city clerk finds that the total number of
signatures on the petition is:
(a) One hundred percent or more of the required number of
signatures of registered voters, the county or city clerk shall examine
the signatures for verification as provided in NRS 295.260 .
(b) Less than 100 percent of the required number of signatures of
registered voters:
(1) The petition shall be deemed insufficient; and
(2) The county or city clerk shall not examine the
signatures for verification as provided in NRS 295.260 .
(Added to NRS by 2001, 2962 )
1. If the total number of signatures on the petition is 500 or
less, the county or city clerk shall examine every signature on the
petition for verification.
2. Except as otherwise provided in this subsection, if the total
number of signatures on the petition is more than 500, the county or city
clerk shall examine the signatures only by sampling them at random for
verification. The random sample of signatures to be verified must be
drawn in such a manner that every signature which has been submitted to
the county or city clerk is given an equal opportunity to be included in
the sample. The sample must include an examination of at least 500, or 5
percent, of the signatures, whichever is greater. If the examination of
the random sample shows that the number of valid signatures is less than
90 percent of the number of signatures of registered voters needed to
certify the petition sufficient, the petition must be certified
insufficient pursuant to subsection 5. If the examination of the random
sample shows that the number of valid signatures is 90 percent or more
but less than 100 percent of the number of signatures of registered
voters needed to certify the petition sufficient, the county or city
clerk shall continue to examine the signatures for verification until he
has:
(a) Determined that 100 percent of the number of signatures of
registered voters needed to certify the petition sufficient are valid; or
(b) Examined every signature for verification.
3. In determining from the records of registration the number of
registered voters who have signed the petition, and in examining the
signatures on the petition for verification, the county or city clerk may
use any file or list of registered voters maintained by his office or
facsimiles of the signatures of voters. If the county or city clerk uses
the file of applications to register to vote, he shall ensure that every
application in the file is examined, including any application in his
possession which may not yet be entered into his records. The county or
city clerk may rely on the appearance of the signature, and the address
and date included with each signature, in making his determination.
Notwithstanding the provisions of this subsection, a petition must not be
certified insufficient for lack of the required number of valid
signatures if, in the absence of other proof of disqualification, any
signature on the face thereof does not exactly correspond with the
signature appearing on the file or list of registered voters used by the
county or city clerk and the identity of the signer can be ascertained
from the face of the petition.
4. If necessary, the board of county commissioners or the
governing body of the city shall allow the county or city clerk
additional assistants for examining the signatures and provide for their
compensation.
5. If, pursuant to the examination of signatures for verification
as required by this section, the number of valid signatures is:
(a) One hundred percent or more of the number of signatures of
registered voters needed to certify the petition sufficient, the petition
must be certified sufficient.
(b) Less than 100 percent of the number of signatures of registered
voters needed to certify the petition sufficient, the petition must be
certified insufficient.
(Added to NRS by 2001, 2963 )
1. Upon the determination of the sufficiency or insufficiency of
the petition pursuant to NRS 295.250 or
295.260 , the county or city clerk shall:
(a) Attach a certificate to the petition indicating the date and
the sufficiency or insufficiency of the petition;
(b) If the petition is certified insufficient, specify the
deficiencies in the petition that render it insufficient;
(c) If the petition was submitted pursuant to NRS 295.095 or 295.205 ,
promptly send a copy of the certificate by registered or certified mail
to the petitioners’ committee;
(d) If the petition was submitted pursuant to NRS 295.140 , promptly send a copy of the certificate by
registered or certified mail to the person who submitted the petition; and
(e) Retain the petition and the original certificate at the office
of the county or city clerk.
2. The petition shall be deemed filed with the county or city
clerk as of the date of the certificate showing the petition to be
validly signed by the number of registered voters needed to certify the
petition sufficient.
(Added to NRS by 2001, 2963 )
After the submission of the
petition to the county or city clerk for verification pursuant to NRS
295.250 to 295.290 , inclusive, the petition must not be handled
by any person other than an employee of the office of the county or city
clerk until the county or city clerk has attached a certificate to the
petition pursuant to NRS 295.270 .
(Added to NRS by 2001, 2964 )
The county or city clerk
shall allow the person who submitted the petition or a member of the
petitioners’ committee, if any, to witness:
1. The determination of the total number of signatures on the
petition; and
2. The examination of the signatures on the petition for
verification.
(Added to NRS by 2001, 2964 )
