2005 Nevada Revised Statutes - Chapter 295 — Initiative and Referendum

CHAPTER 295 - INITIATIVE AND REFERENDUM

STATE INITIATIVE AND REFERENDUM

NRS 295.009 Requirementsfor petition: Must embrace one subject; must include description.

NRS 295.015 Copyof petition for initiative or referendum to be filed with Secretary of Statebefore presentation of petition to voters for signatures; determination ifpetition has fiscal effect; posting on Secretary of States Internet website.

NRS 295.035 Petitionfor initiative proposing amendment to Constitution: Secretary of State to usesame number for identification of petition when submitted at successiveelections.

NRS 295.045 Petitionfor referendum: Filing; submission to voters at general election.

NRS 295.055 Petitionfor initiative or referendum: Regulations specifying format; each document ofpetition limited to voters of single county; removal of name from petition.

NRS 295.056 Petitionfor initiative or referendum: Requirements for submission of signatures tocounty clerk.

NRS 295.061 Challengeto description of petition; challenge to legal sufficiency of petition.

COUNTY INITIATIVE AND REFERENDUM

NRS 295.075 Boarddefined.

NRS 295.085 Registeredvoters power of initiative and referendum concerning county ordinances.

NRS 295.095 Commencementof proceedings: Petitioners committee; form and requirements of petition;circulators affidavit; receipt for petition issued by clerk.

NRS 295.105 Certificationof sufficiency of petition; review of certification.

NRS 295.115 Considerationby board; submission to registered voters; withdrawal of petition.

NRS 295.121 Appointmentof committees to prepare arguments advocating and opposing approval of ballotquestions; duties of committees; regulations; preparation of arguments bycounty clerk if board fails to appoint committee; review of arguments;placement of arguments in sample ballots.

NRS 295.125 Resultsof election.

COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS ORRESOLUTIONS

NRS 295.140 Petitionfor referendum: Form and requirements; circulators affidavit; receipt issuedby clerk; certification of sufficiency; review of certification.

NRS 295.150 Namesof registered voters may be contained in more than one petition; verificationof petition.

NRS 295.160 Submissionof question to people; publication.

NRS 295.170 Formof question on ballot; count and canvass of votes.

NRS 295.180 Effectof approval or disapproval of majority of registered voters.

MUNICIPAL INITIATIVE AND REFERENDUM

NRS 295.195 Definitions.

NRS 295.200 Registeredvoters power of initiative and referendum concerning city ordinances.

NRS 295.205 Commencementof proceedings: Petitioners committee; form and requirements of petition;circulators affidavit; receipt for petition issued by clerk.

NRS 295.210 Certificationof sufficiency of petition; review of certification.

NRS 295.215 Considerationby council; submission to registered voters; withdrawal of petition.

NRS 295.217 Appointmentof committees to prepare arguments advocating and opposing approval of ballotquestions; duties of committees; regulations; preparation of arguments by cityclerk if governing body fails to appoint committee; review of arguments;placement of arguments in sample ballots.

NRS 295.220 Resultsof election.

SUFFICIENCY OF CERTAIN PETITIONS

NRS 295.250 Determinationof total number of signatures.

NRS 295.260 Verificationof signatures.

NRS 295.270 Certificationof sufficiency or insufficiency of petition; date petition deemed filed.

NRS 295.280 Handlingof petition.

NRS 295.290 Countyor city clerk must allow witness of determination and verification ofsignatures.

_________

STATE INITIATIVE AND REFERENDUM

NRS 295.009 Requirementsfor petition: Must embrace one subject; must include description.

1. Each petition for initiative or referendum must:

(a) Embrace but one subject and matters necessarilyconnected therewith and pertaining thereto; and

(b) Set forth, in not more than 200 words, adescription of the effect of the initiative or referendum if the initiative orreferendum is approved by the voters. The description must appear on each signaturepage of the petition.

2. For the purposes of paragraph (a) of subsection 1,a petition for initiative or referendum embraces but one subject and mattersnecessarily connected therewith and pertaining thereto, if the parts of theproposed initiative or referendum are functionally related and germane to eachother in a way that provides sufficient notice of the general subject of, andof the interests likely to be affected by, the proposed initiative orreferendum.

(Added to NRS by 2005, 2837)

NRS 295.015 Copyof petition for initiative or referendum to be filed with Secretary of Statebefore presentation of petition to voters for signatures; determination ifpetition has fiscal effect; posting on Secretary of States Internet website.

1. Before a petition for initiative or referendum maybe presented to the registered voters for their signatures, a copy of thepetition for initiative or referendum, including the description requiredpursuant to NRS 295.009, must be placedon file with the Secretary of State.

2. Upon receipt of a petition for initiative orreferendum placed on file pursuant to subsection 1, the Secretary of Stateshall consult with the Fiscal Analysis Division of the Legislative CounselBureau to determine if the initiative or referendum may have any anticipatedfinancial effect on the State or local governments if the initiative orreferendum is approved by the voters. If the Fiscal Analysis Division determinesthat the initiative or referendum may have an anticipated financial effect onthe State or local governments if the initiative or referendum is approved bythe voters, the Division must prepare a fiscal note that includes anexplanation of any such effect.

3. Not later than 10 business days after the Secretaryof State receives a petition for initiative or referendum filed pursuant tosubsection 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 preparedpursuant to subsection 2, on his Internet website.

(Added to NRS by 1963, 1384; A 1981, 12; 1985, 1112; 2005, 2838)

NRS 295.035 Petitionfor initiative proposing amendment to Constitution: Secretary of State to usesame number for identification of petition when submitted at successiveelections. If the initiative petition proposesan amendment to the Constitution, in resubmitting the initiative to the voters,the Secretary of State shall use the same identifying number or otheridentification used for the first submission.

(Added to NRS by 1963, 1384; A 1973, 332; 1985, 550)

NRS 295.045 Petitionfor referendum: Filing; submission to voters at general election.

1. A petition for referendum must be filed with theSecretary of State not less than 120 days before the date of the nextsucceeding general election.

2. The Secretary of State shall certify the questionsto the county clerks, and they shall publish them in accordance with theprovisions of law requiring county clerks to publish questions and proposedconstitutional amendments which are to be submitted for popular vote.

3. The title of the statute or resolution must be setout on the ballot, and the question printed upon the ballot for the informationof the voters must be as follows: Shall the statute (setting out its title) beapproved?

4. Where a mechanical voting system is used, the titleof the statute must appear on the list of offices and candidates and thestatements of measures to be voted on and may be condensed to no more than 25words.

5. The votes cast upon the question must be countedand 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)

NRS 295.055 Petitionfor initiative or referendum: Regulations specifying format; each document ofpetition limited to voters of single county; removal of name from petition.

1. The Secretary of State shall by regulation specify:

(a) The format for the signatures on a petition for aninitiative or referendum and make free specimens of the format available uponrequest. Each signature must be dated.

(b) The manner of fastening together several sheetscirculated by one person to constitute a single document.

2. Each document of the petition must bear the name ofa county, and only registered voters of that county may sign the document.

3. A person who signs a petition may request that thecounty clerk remove his name from it by transmitting his request in writing tothe county clerk at any time before the petition is filed with the countyclerk.

(Added to NRS by 1963, 1385; A 1985, 550; 1987, 1374;2001, 644)

NRS 295.056 Petitionfor initiative or referendum: Requirements for submission of signatures tocounty clerk.

1. Before a petition for initiative or referendum isfiled with the Secretary of State, the petitioners must submit to each countyclerk for verification pursuant to NRS293.1276 to 293.1279, inclusive,the document or documents which were circulated for signature within hiscounty. The clerks shall give the person submitting a document or documents areceipt stating the number of documents and pages and the persons statement ofthe number of signatures contained therein.

2. If a petition for initiative proposes a statute oran amendment to a statute, the document or documents must be submitted notlater than the second Tuesday in November of an even-numbered year.

3. If a petition for initiative proposes an amendmentto the Constitution, the document or documents must be submitted not later thanthe third Tuesday in June of an even-numbered year.

4. If the petition is for referendum, the document ordocuments must be submitted not later than the third Tuesday in May of aneven-numbered year.

5. All documents which are submitted to a county clerkfor verification must be submitted at the same time.

(Added to NRS by 1983, 923; A 1985, 551, 1113; 1991,2226; 1993, 2669; 1999,3560)

NRS 295.061 Challengeto description of petition; challenge to legal sufficiency of petition.

1. The description of the effect of an initiative orreferendum required pursuant to NRS 295.009may be challenged by filing a complaint in the First Judicial District Courtnot later than 30 days, Saturdays, Sundays and holidays excluded, after a copyof the petition is initially placed on file with the Secretary of Statepursuant to NRS 295.015. All affidavitsand documents in support of the challenge must be filed with the complaint. Thecourt shall set the matter for hearing not later than 30 days after thecomplaint is filed and shall give priority to such a complaint over allcriminal proceedings.

2. The legal sufficiency of a petition for initiativeor referendum may be challenged by filing a complaint in district court notlater than 7 days, Saturdays, Sundays and holidays excluded, after the petitionis certified as sufficient by the Secretary of State. All affidavits anddocuments in support of the challenge must be filed with the complaint. Thecourt shall set the matter for hearing not later than 30 days after thecomplaint is filed and shall give priority to such a complaint over all othermatters pending with the court, except for criminal proceedings.

(Added to NRS by 1999, 3560; A 2005, 2839)

COUNTY INITIATIVE AND REFERENDUM

NRS 295.075 Boarddefined. As used in NRS 295.075 to 295.125, inclusive, unless the contextotherwise requires, board means the board of county commissioners.

(Added to NRS by 1967, 380; A 1999, 2120)

NRS 295.085 Registeredvoters power of initiative and referendum concerning county ordinances. The registered voters of a county may:

1. Propose ordinances to the board and, if the boardfails to adopt an ordinance so proposed without change in substance, adopt orreject it at a general election.

2. Require reconsideration by the board of any adoptedordinance 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)

NRS 295.095 Commencementof proceedings: Petitioners committee; form and requirements of petition;circulators affidavit; receipt for petition issued by clerk.

1. Any five registered voters of the county maycommence initiative or referendum proceedings by filing with the county clerkan affidavit stating they will constitute the petitioners committee and beresponsible for circulating the petition and filing it in proper form, statingtheir names and addresses and specifying the address to which all notices tothe committee are to be sent, and setting out in full the proposed initiativeordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number ofregistered voters of the county equal to 15 percent or more of the number ofvoters who voted at the last preceding general election in the county.

3. Referendum petitions must be signed by a number ofregistered voters of the county equal to 10 percent or more of the number ofvoters who voted at the last preceding general election in the county.

4. A petition must be submitted to the county clerkfor verification, pursuant to NRS 295.250to 295.290, inclusive, not later than:

(a) One hundred and eighty days after the date that theaffidavit required by subsection 1 is filed with the county clerk; or

(b) One hundred and thirty days before the election,

whichever isearlier.

5. A petition may consist of more than one document,but all documents of a petition must be uniform in size and style, numbered andassembled as one instrument for submission. Each signature must be executed inink or indelible pencil and followed by the address of the person signing andthe date on which he signed the petition. All signatures on a petition must beobtained within the period specified in subsection 4. Each document mustcontain, or have attached thereto throughout its circulation, the full text ofthe ordinance proposed or sought to be reconsidered.

6. Each document of a petition must have attached toit 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 hispresence;

(d) That he believes them to be genuine signatures ofthe persons whose names they purport to be; and

(e) That each signer had an opportunity before signingto read the full text of the ordinance proposed or sought to be reconsidered.

7. The county clerk shall issue a receipt to anyperson who submits a petition pursuant to this section. The receipt must setforth the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included inthe petition.

(Added to NRS by 1967, 380; A 1989, 1182; 1997, 2787;2001, 644, 2964)

NRS 295.105 Certificationof sufficiency of petition; review of certification.

1. Within 20 days after the petition is submitted tothe 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 apetition is certified insufficient and the petitioners committee does notelect to request board review under subsection 3 within the time required, thecounty clerk shall promptly present his certificate to the board and thecertificate is a final determination as to the sufficiency of the petition.

3. If a petition has been certified insufficient, thecommittee may, within 2 days after receiving a copy of the certificate, file arequest that it be reviewed by the board. The board shall review thecertificate at its next meeting following the filing of the request and approveor disapprove it, and the determination of the board is a final determinationas to the sufficiency of the petition.

4. A final determination as to the sufficiency of apetition is subject to judicial review. If the final determination ischallenged by filing a complaint in district court, the court shall set thematter for hearing not later than 3 days after the complaint is filed and shallgive priority to such a complaint over all other matters pending with thecourt, except for criminal proceedings. A final determination of insufficiency,even if sustained upon judicial review, does not prejudice the filing of a new petitionfor the same purpose.

(Added to NRS by 1967, 380; A 1989, 1183; 2001, 2965; 2005, 2839)

NRS 295.115 Considerationby board; submission to registered voters; withdrawal of petition.

1. When an initiative or referendum petition has beenfinally determined sufficient, the board shall promptly consider the proposedinitiative ordinance in the manner provided by law for the consideration ofordinances generally or reconsider the referred ordinance by voting its repeal.If, within 30 days after the date the petition was finally determinedsufficient, the board fails to adopt the proposed initiative ordinance withoutany change in substance or fails to repeal the referred ordinance, the boardshall submit the proposed or referred ordinance to the registered voters of thecounty.

2. The vote of the county on the proposed or referredordinance must be held at the next general election. Copies of the proposed orreferred ordinance must be made available at the polls.

3. An initiative or referendum petition may bewithdrawn at any time before the 30th day preceding the day scheduled for avote of the county or the deadline for placing questions on the ballot,whichever is earlier, by filing with the county clerk a request for withdrawalsigned by at least four members of the petitioners original committee. Uponthe filing of that request, the petition has no further effect and allproceedings thereon must be terminated.

(Added to NRS by 1967, 381; A 1969, 896; 1993, 1032; 2001, 2966; 2005, 2840)

NRS 295.121 Appointmentof committees to prepare arguments advocating and opposing approval of ballotquestions; duties of committees; regulations; preparation of arguments bycounty clerk if board fails to appoint committee; review of arguments;placement of arguments in sample ballots.

1. In a county whose population is 40,000 or more, foreach initiative, referendum or other question to be placed on the ballot by:

(a) The board, including, without limitation, pursuantto NRS 293.482, 295.115 or 295.160;

(b) The governing body of a school district, publiclibrary or water district authorized by law to submit questions to some or allof the qualified electors or registered voters of the county; or

(c) A metropolitan police committee on fiscal affairsauthorized by law to submit questions to some or all of the qualified electorsor registered voters of the county,

the boardshall, in consultation with the county clerk pursuant to subsection 5, appointtwo committees. Except as otherwise provided in subsection 2, one committeemust 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 threepersons who oppose approval by the voters of the initiative, referendum orother question.

2. If, after consulting with the county clerk pursuantto subsection 5, the board is unable to appoint three persons who are willingto serve on a committee, the board may appoint fewer than three persons to thatcommittee, but the board must appoint at least one person to each committeeappointed pursuant to this section.

3. With respect to a committee appointed pursuant tothis section:

(a) A person may not serve simultaneously on thecommittee that favors approval by the voters of an initiative, referendum orother question and the committee that opposes approval by the voters of thatinitiative, referendum or other question.

(b) Members of the committee serve withoutcompensation.

(c) The term of office for each member commences uponappointment and expires upon the publication of the sample ballot containingthe initiative, referendum or other question.

4. The county clerk may establish and maintain a listof the persons who have expressed an interest in serving on a committeeappointed pursuant to this section. The county clerk, after exercising duediligence 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 approvalby the voters of an initiative, referendum or other question to be placed onthe ballot, may use the names on a list established pursuant to this subsectionto:

(a) Make recommendations pursuant to subsection 5; and

(b) Appoint members to a committee pursuant tosubsection 6.

5. Before the board appoints a committee pursuant tothis section, the county clerk shall:

(a) Recommend to the board persons to be appointed tothe committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest inserving on the committee; and

(2) A person who is a member of an organizationthat has expressed an interest in having a member of the organization serve onthe committee.

6. If the board of a county whose population is 40,000or more fails to appoint a committee as required pursuant to this section, thecounty clerk shall, in consultation with the district attorney, prepare anargument advocating approval by the voters of the initiative, referendum orother question and an argument opposing approval by the voters of theinitiative, referendum or other question. Each argument prepared by the countyclerk must satisfy the requirements of paragraph (f) of subsection 7 and anyrules or regulations adopted by the county clerk pursuant to subsection 8. Thecounty clerk shall not prepare the rebuttal of the arguments required pursuantto 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 tofulfill the requirements of this section;

(c) May seek and consider comments from the generalpublic;

(d) Shall prepare an argument either advocating oropposing approval by the voters of the initiative, referendum or otherquestion, based on whether the members were appointed to advocate or opposeapproval by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument preparedby the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal preparedpursuant 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 orother question on the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal preparedpursuant to paragraphs (d), (e) and (f) to the county clerk not later than thedate prescribed by the county clerk pursuant to subsection 8.

8. The county clerk of a county whose population is40,000 or more shall provide, by rule or regulation:

(a) The maximum permissible length of an argument orrebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal preparedpursuant to this section must be submitted by the committee to the countyclerk.

9. Upon receipt of an argument or rebuttal preparedpursuant to this section, the county clerk:

(a) May consult with persons who are generallyrecognized by a national or statewide organization as having expertise in thefield or area to which the initiative, referendum or other question pertains;and

(b) Shall reject each statement in the argument orrebuttal that he believes is libelous or factually inaccurate.

Not laterthan 5 days after the county clerk rejects a statement pursuant to thissubsection, the committee may appeal that rejection to the district attorney.The district attorney shall review the statement and the reasons for itsrejection and may receive evidence, documentary or testimonial, to aid him inhis decision. Not later than 3 business days after the appeal by the committee,the district attorney shall issue his decision rejecting or accepting thestatement. The decision of the district attorney is a final decision for thepurposes of judicial review. If the decision of the district attorney ischallenged by filing a complaint in district court, the court shall set thematter for hearing not later than 3 days after the complaint is filed and shallgive 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 ballotprovided to the registered voters of the county each argument and rebuttalprepared pursuant to this section, containing all statements that were notrejected pursuant to subsection 9. The county clerk may revise the languagesubmitted by the committee so that it is clear, concise and suitable forincorporation in the sample ballot, but shall not alter the meaning or effectwithout the consent of the committee.

11. In a county whose population is less than 40,000:

(a) The board may appoint committees pursuant to thissection.

(b) If the board appoints committees pursuant to thissection, the county clerk shall provide for rules or regulations pursuant tosubsection 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 ofthe question to the county clerk at least 30 days earlier than the date requiredfor the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not applyto a question if the date that the question must be submitted to the countyclerk is governed by subsection 2 of NRS293.481.

13. The provisions of chapter241 of NRS do not apply to any consultations, deliberations, hearings ormeetings conducted pursuant to this section.

(Added to NRS by 1999, 2118; A 2001, 645, 1974; 2003, 1662, 1693, 3199, 3513; 2005, 2840)

NRS 295.125 Resultsof election.

1. If a majority of the registered voters voting on aproposed initiative ordinance vote in its favor, it shall be considered adoptedupon certification of the election results and shall be treated in all respectsin the same manner as ordinances of the same kind adopted by the council. Ifconflicting ordinances are approved at the same election, the one receiving thegreatest number of affirmative votes shall prevail to the extent of suchconflict.

2. If a majority of the registered voters voting on areferred ordinance vote against it, it shall be considered repealed uponcertification of the election results.

(Added to NRS by 1967, 382)

COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS ORRESOLUTIONS

NRS 295.140 Petitionfor referendum: Form and requirements; circulators affidavit; receipt issuedby clerk; certification of sufficiency; review of certification.

1. Whenever 10 percent or more of the registeredvoters of any county of this State, as shown by the number of registered voterswho voted at the last preceding general election, express their wish that anyact or resolution enacted by the Legislature, and pertaining to that countyonly, be submitted to the vote of the people, they shall submit to the countyclerk a petition, which must contain the names and residence addresses of atleast 10 percent of the registered voters of that county, demanding that areferendum vote be had by the people of the county at the next general electionupon the act or resolution on which the referendum is demanded.

2. A petition must be submitted to the county clerkfor verification, pursuant to NRS 295.250to 295.290, inclusive, not later than130 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 andassembled as one instrument for submission. Each signature must be executed inink or indelible pencil and followed by the address of the person signing andthe date on which he signed the petition. Each document must contain, or haveattached thereto throughout its circulation, the full text of the act orresolution on which the referendum is demanded.

4. Each document of a petition must have attached toit 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 hispresence;

(d) That he believes them to be genuine signatures ofthe persons whose names they purport to be; and

(e) That each signer had an opportunity before signingto read the full text of the act or resolution on which the referendum is demanded.

5. The county clerk shall issue a receipt to anyperson who submits a petition pursuant to this section. The receipt must setforth the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included inthe petition.

6. Within 20 days after a petition is submitted, thecounty clerk shall complete a certificate as to its sufficiency. Unless arequest for review is filed pursuant to subsection 7, the certificate is afinal determination as to the sufficiency of the petition.

7. If a petition is certified insufficient, the personwho submitted the petition may, within 2 days after receiving a copy of thecertificate, 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 filingof the request and approve or disapprove it, and the determination of the boardis a final determination as to the sufficiency of the petition.

8. A final determination as to the sufficiency of apetition is subject to judicial review. If the final determination ischallenged by filing a complaint in district court, the court shall set thematter for hearing not later than 3 days after the complaint is filed and shallgive priority to such a complaint over all other matters pending with thecourt, except for criminal proceedings. A final determination of insufficiency,even if sustained upon judicial review, does not prejudice the filing of a newpetition for the same purpose.

(Added to NRS by 1960, 280; A 1993, 1033; 2001, 2966; 2005, 2842)

NRS 295.150 Namesof registered voters may be contained in more than one petition; verificationof petition.

1. The names of the registered voters petitioning neednot 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 hassigned such petition.

2. The voter making the verification shall swear, oninformation and belief, that the persons signing the petition are registeredvoters of the county and state, and that such signatures are genuine and wereexecuted in his presence.

(Added to NRS by 1960, 280)

NRS 295.160 Submissionof question to people; publication.

1. If the petition is determined to be sufficient, thecounty clerk shall, at the next general election, submit the act or resolution,by appropriate questions on the ballot, for the approval or disapproval of thepeople of that county.

2. The county clerk shall publish those questions inaccordance with the provisions of law requiring county clerks to publish questionsand proposed constitutional amendments which are to be submitted for popularvote.

(Added to NRS by 1960, 280; A 1993, 1033; 2001, 2967; 2005, 2843)

NRS 295.170 Formof question on ballot; count and canvass of votes.

1. The subject matter of such questions must be statedconcisely on the ballot, and the question printed upon the ballot for theinformation of the voter must be as follows: Shall the act (setting out thetitle thereof) be approved?

2. Where a mechanical voting system is used, the titleof the act must appear on the list of offices and candidates and the statementsof measures to be voted on and may be condensed by the district attorney to 20words.

3. The district attorney shall prepare an explanationof each such question, which must be placed on the ballot or the list ofoffices and candidates and the statements of measures to be voted on, or postedin the polling place.

4. The votes cast upon such question must be countedand canvassed as the votes for county officers are counted and canvassed.

(Added to NRS by 1960, 281; A 1967, 1226; 1977, 248;1985, 1114)

NRS 295.180 Effectof approval or disapproval of majority of registered voters.

1. When a majority of the registered voters of thecounty voting upon the question submitted, by their vote, approve the act orresolution, 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 ofthe registered voters of that county.

2. When a majority of the registered voters of thatcounty voting upon the question submitted disapproves, the act or resolution isvoid.

(Added to NRS by 1960, 281; A 1987, 1374)

MUNICIPAL INITIATIVE AND REFERENDUM

NRS 295.195 Definitions. As used in NRS 295.195to 295.220, inclusive, unless thecontext 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)

NRS 295.200 Registeredvoters power of initiative and referendum concerning city ordinances. The registered voters of a city may:

1. Propose ordinances to the council and, if thecouncil 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 anyadopted ordinance and, if the council fails to repeal an ordinance soreconsidered, approve or reject it at the next general city election or generalelection.

(Added to NRS by 1967, 378; A 1987, 364; 1993, 1033; 2005, 2844)

NRS 295.205 Commencementof proceedings: Petitioners committee; form and requirements of petition;circulators affidavit; receipt for petition issued by clerk.

1. Any five registered voters of the city maycommence initiative or referendum proceedings by filing with the city clerk anaffidavit:

(a) Stating they will constitute the petitionerscommittee and be responsible for circulating the petition and filing it inproper form;

(b) Stating their names and addresses;

(c) Specifying the address to which all notices to thecommittee are to be sent; and

(d) Setting out in full the proposed initiativeordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by a number ofregistered voters of the city equal to 15 percent or more of the number ofvoters who voted at the last preceding city election.

3. Referendum petitions must be signed by a number ofregistered voters of the city equal to 10 percent or more of the number ofvoters who voted at the last preceding city election.

4. A petition must be submitted to the city clerk forverification, pursuant to NRS 295.250 to295.290, inclusive, not later than:

(a) One hundred and eighty days after the date that theaffidavit required by subsection 1 is filed with the city clerk; or

(b) One hundred and thirty days before the election,

whichever isearlier.

5. A petition may consist of more than one document,but all documents of a petition must be uniform in size and style, numbered andassembled as one instrument for submission. Each signature must be executed inink or indelible pencil and followed by the address of the person signing andthe date on which he signed the petition. All signatures on a petition must beobtained within the period specified in subsection 4. Each document mustcontain, or have attached thereto throughout its circulation, the full text ofthe ordinance proposed or sought to be reconsidered.

6. Each document of a petition must have attached toit 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 hispresence;

(d) That he believes them to be genuine signatures ofthe persons whose names they purport to be; and

(e) That each signer had an opportunity before signingto read the full text of the ordinance proposed or sought to be reconsidered.

7. The city clerk shall issue a receipt to any personwho submits a petition pursuant to this section. The receipt must set forth thenumber of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are included inthe petition.

(Added to NRS by 1967, 378; A 1987, 364; 1989, 1184;1997, 2788; 2001, 646,2967)

NRS 295.210 Certificationof sufficiency of petition; review of certification.

1. Within 20 days after the petition is submitted tothe 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 apetition is certified insufficient and the petitioners committee does notelect to request council review under subsection 3 within the time required, thecity clerk must promptly present his certificate to the council and thecertificate is a final determination as to the sufficiency of the petition.

3. If a petition has been certified insufficient, thecommittee may, within 2 days after receiving the copy of the certificate, filea request that it be reviewed by the council. The council shall review thecertificate at its next meeting following the filing of the request and approveor disapprove it, and the councils determination is a final determination asto the sufficiency of the petition.

4. A final determination as to the sufficiency of apetition is subject to judicial review. If the final determination ischallenged by filing a complaint in district court, the court shall set thematter for hearing not later than 3 days after the complaint is filed and shallgive priority to such a complaint over all other matters pending with thecourt, except for criminal proceedings. A final determination of insufficiency,even if sustained upon judicial review, does not prejudice the filing of a newpetition for the same purpose.

(Added to NRS by 1967, 378; A 1989, 1184; 2001, 2968; 2005, 2844)

NRS 295.215 Considerationby council; submission to registered voters; withdrawal of petition.

1. When an initiative or referendum petition has beenfinally determined sufficient, the council shall promptly consider the proposedinitiative ordinance in the manner provided by law for the consideration ofordinances 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 changein substance or fails to repeal the referred ordinance, the council shallsubmit the proposed or referred ordinance to the registered voters of the city.

2. The vote of the city on the proposed or referredordinance must be held at the next general city election or general election.Copies of the proposed or referred ordinance must be made available at thepolls.

3. An initiative or referendum petition may be withdrawnat any time before the 30th day preceding the day scheduled for a vote of thecity 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 fourmembers of the petitioners original committee. Upon the filing of thatrequest, the petition has no further effect and all proceedings thereon must beterminated.

(Added to NRS by 1967, 379; A 1969, 896; 1987, 364;1993, 1033; 2001,2969; 2005, 2844)

NRS 295.217 Appointmentof committees to prepare arguments advocating and opposing approval of ballotquestions; duties of committees; regulations; preparation of arguments by cityclerk if governing body fails to appoint committee; review of arguments;placement of arguments in sample ballots.

1. In a city whose population is 10,000 or more, foreach initiative, referendum or other question to be placed on the ballot bythe:

(a) Council, including, without limitation, pursuant toNRS 293.482 or 295.215; or

(b) Governing body of a public library or waterdistrict authorized by law to submit questions to some or all of the qualifiedelectors or registered voters of the city,

the councilshall, in consultation pursuant to subsection 5 with the city clerk or othercity officer authorized to perform the duties of the city clerk, appoint twocommittees. Except as otherwise provided in subsection 2, one committee must becomposed of three persons who favor approval by the voters of the initiative,referendum or other question and the other committee must be composed of threepersons who oppose approval by the voters of the initiative, referendum orother question.

2. If, after consulting with the city clerk pursuantto subsection 5, the council is unable to appoint three persons willing toserve on a committee, the council may appoint fewer than three persons to thatcommittee, but the council must appoint at least one person to each committeeappointed pursuant to this section.

3. With respect to a committee appointed pursuant tothis section:

(a) A person may not serve simultaneously on thecommittee that favors approval by the voters of an initiative, referendum orother question and the committee that opposes approval by the voters of thatinitiative, referendum or other question.

(b) Members of the committee serve withoutcompensation.

(c) The term of office for each member commences uponappointment and expires upon the publication of the sample ballot containingthe initiative, referendum or other question.

4. The city clerk may establish and maintain a list ofthe persons who have expressed an interest in serving on a committee appointedpursuant to this section. The city clerk, after exercising due diligence tolocate persons who favor approval by the voters of an initiative, referendum orother question to be placed on the ballot or who oppose approval by the votersof an initiative, referendum or other question to be placed on the ballot, mayuse 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 tosubsection 6.

5. Before the council appoints a committee pursuant tothis section, the city clerk shall:

(a) Recommend to the council persons to be appointed tothe committee; and

(b) Consider recommending pursuant to paragraph (a):

(1) Any person who has expressed an interest inserving on the committee; and

(2) A person who is a member of an organizationthat has expressed an interest in having a member of the organization serve onthe committee.

6. If the council of a city whose population is 10,000or more fails to appoint a committee as required pursuant to this section, thecity clerk shall, in consultation with the city attorney, prepare an argumentadvocating approval by the voters of the initiative, referendum or otherquestion and an argument opposing approval by the voters of the initiative,referendum or other question. Each argument prepared by the city clerk mustsatisfy the requirements of paragraph (f) of subsection 7 and any rules orregulations adopted by the city clerk pursuant to subsection 8. The city clerkshall 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 tofulfill the requirements of this section;

(c) May seek and consider comments from the generalpublic;

(d) Shall prepare an argument either advocating oropposing approval by the voters of the initiative, referendum or otherquestion, based on whether the members were appointed to advocate or opposeapproval by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument preparedby the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal preparedpursuant 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 orother question on the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal preparedpursuant to paragraphs (d), (e) and (f) to the city clerk not later than thedate prescribed by the city clerk pursuant to subsection 8.

8. The city clerk of a city whose population is 10,000or more shall provide, by rule or regulation:

(a) The maximum permissible length of an argument orrebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal preparedpursuant to this section must be submitted by the committee to the city clerk.

9. Upon receipt of an argument or rebuttal preparedpursuant to this section, the city clerk:

(a) May consult with persons who are generallyrecognized by a national or statewide organization as having expertise in thefield or area to which the initiative, referendum or other question pertains;and

(b) Shall reject each statement in the argument orrebuttal that he believes is libelous or factually inaccurate.

Not laterthan 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 cityofficer appointed to hear the appeal by the city council. The city attorney orother city officer appointed to hear the appeal shall review the statement andthe reasons for its rejection and may receive evidence, documentary ortestimonial, to aid him in his decision. Not later than 3 business days afterthe appeal by the committee, the city attorney or other city officer appointedto hear the appeal shall issue his decision rejecting or accepting thestatement. The decision of the city attorney or other city officer appointed tohear the appeal is a final decision for the purposes of judicial review. If thedecision of the city attorney or other city officer appointed to hear theappeal is challenged by filing a complaint in district court, the court shallset the matter for hearing not later than 3 days after the complaint is filedand shall give priority to such a complaint over all other matters pending withthe court, except for criminal proceedings.

10. The city clerk shall place in the sample ballotprovided to the registered voters of the city each argument and rebuttalprepared pursuant to this section, containing all statements that were notrejected pursuant to subsection 9. The city clerk may revise the languagesubmitted by the committee so that it is clear, concise and suitable forincorporation in the sample ballot, but shall not alter the meaning or effectwithout the consent of the committee.

11. In a city whose population is less than 10,000:

(a) The council may appoint committees pursuant to thissection.

(b) If the council appoints committees pursuant to thissection, the city clerk shall provide for rules or regulations pursuant tosubsection 8.

12. If a question is to be placed on the ballot by anentity described in paragraph (b) of subsection 1, the entity must provide acopy and explanation of the question to the city clerk at least 30 days earlierthan the date required for the submission of such documents pursuant tosubsection 1 of NRS 293.481. This subsectiondoes not apply to a question if the date that the question must be submitted tothe city clerk is governed by subsection 2 of NRS293.481.

(Added to NRS by 1999, 2119; A 2001, 647, 1976; 2003, 1695, 3201; 2005, 2845)

NRS 295.220 Resultsof election.

1. If a majority of the registered voters voting on aproposed initiative ordinance vote in its favor, it shall be considered adoptedupon certification of the election results and shall be treated in all respectsin the same manner as ordinances of the same kind adopted by the council. Ifconflicting ordinances are approved at the same election, the one receiving thegreatest number of affirmative votes shall prevail to the extent of suchconflict.

2. If a majority of the registered voters voting on areferred ordinance vote against it, it shall be considered repealed uponcertification of the election results.

(Added to NRS by 1967, 379)

SUFFICIENCY OF CERTAIN PETITIONS

NRS 295.250 Determinationof total number of signatures.

1. Upon submission of a petition containing signaturesthat are required to be verified pursuant to NRS295.095, 295.140 or 295.205, the county or city clerk shalldetermine the total number of signatures on the petition.

2. If the county or city clerk finds that the totalnumber of signatures on the petition is:

(a) One hundred percent or more of the required numberof signatures of registered voters, the county or city clerk shall examine thesignatures for verification as provided in NRS295.260.

(b) Less than 100 percent of the required number ofsignatures of registered voters:

(1) The petition shall be deemed insufficient;and

(2) The county or city clerk shall not examinethe signatures for verification as provided in NRS 295.260.

(Added to NRS by 2001, 2962)

NRS 295.260 Verificationof signatures.

1. If the total number of signatures on the petitionis 500 or less, the county or city clerk shall examine every signature on thepetition for verification.

2. Except as otherwise provided in this subsection, ifthe total number of signatures on the petition is more than 500, the county orcity clerk shall examine the signatures only by sampling them at random forverification. The random sample of signatures to be verified must be drawn insuch a manner that every signature which has been submitted to the county orcity clerk is given an equal opportunity to be included in the sample. Thesample must include an examination of at least 500, or 5 percent, of thesignatures, whichever is greater. If the examination of the random sample showsthat the number of valid signatures is less than 90 percent of the number ofsignatures of registered voters needed to certify the petition sufficient, thepetition must be certified insufficient pursuant to subsection 5. If theexamination of the random sample shows that the number of valid signatures is90 percent or more but less than 100 percent of the number of signatures ofregistered voters needed to certify the petition sufficient, the county or cityclerk shall continue to examine the signatures for verification until he has:

(a) Determined that 100 percent of the number ofsignatures of registered voters needed to certify the petition sufficient arevalid; or

(b) Examined every signature for verification.

3. In determining from the records of registration thenumber of registered voters who have signed the petition, and in examining thesignatures on the petition for verification, the county or city clerk may useany file or list of registered voters maintained by his office or facsimiles ofthe signatures of voters. If the county or city clerk uses the file ofapplications to register to vote, he shall ensure that every application in thefile is examined, including any application in his possession which may not yetbe entered into his records. The county or city clerk may rely on the appearanceof the signature, and the address and date included with each signature, in makinghis determination. Notwithstanding the provisions of this subsection, apetition must not be certified insufficient for lack of the required number ofvalid signatures if, in the absence of other proof of disqualification, anysignature on the face thereof does not exactly correspond with the signatureappearing on the file or list of registered voters used by the county or cityclerk and the identity of the signer can be ascertained from the face of thepetition.

4. If necessary, the board of county commissioners orthe governing body of the city shall allow the county or city clerk additionalassistants for examining the signatures and provide for their compensation.

5. If, pursuant to the examination of signatures forverification as required by this section, the number of valid signatures is:

(a) One hundred percent or more of the number ofsignatures of registered voters needed to certify the petition sufficient, thepetition must be certified sufficient.

(b) Less than 100 percent of the number of signaturesof registered voters needed to certify the petition sufficient, the petitionmust be certified insufficient.

(Added to NRS by 2001, 2963)

NRS 295.270 Certificationof sufficiency or insufficiency of petition; date petition deemed filed.

1. Upon the determination of the sufficiency orinsufficiency of the petition pursuant to NRS295.250 or 295.260, the county orcity clerk shall:

(a) Attach a certificate to the petition indicating thedate and the sufficiency or insufficiency of the petition;

(b) If the petition is certified insufficient, specifythe 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 thecertificate 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 thecertificate by registered or certified mail to the person who submitted the petition;and

(e) Retain the petition and the original certificate atthe office of the county or city clerk.

2. The petition shall be deemed filed with the countyor city clerk as of the date of the certificate showing the petition to bevalidly signed by the number of registered voters needed to certify thepetition sufficient.

(Added to NRS by 2001, 2963)

NRS 295.280 Handlingof petition. After the submission of thepetition to the county or city clerk for verification pursuant to NRS 295.250 to 295.290, inclusive, the petition must notbe handled by any person other than an employee of the office of the county orcity clerk until the county or city clerk has attached a certificate to thepetition pursuant to NRS 295.270.

(Added to NRS by 2001, 2964)

NRS 295.290 Countyor city clerk must allow witness of determination and verification ofsignatures. The county or city clerk shallallow the person who submitted the petition or a member of the petitionerscommittee, if any, to witness:

1. The determination of the total number of signatureson the petition; and

2. The examination of the signatures on the petitionfor verification.

(Added to NRS by 2001, 2964)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.