N.R.S. 295.140 - Petition for referendum: Form and requirements; circulator’s affidavit; receipt issued by clerk; certification of sufficiency; review of certification
Overview of Statute
This section provides for the form of a petition for referendum.
Statute
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, be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which the person 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 the circulator personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in the circulator’s presence;
(d) That the circulator 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; 2007, 328)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
4. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
5. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
6. Definition for Board
As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
See Nev. Rev. Stat. § 295.075.
7. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
Cases
Nevada Cases
Case Name: County of Pershing v. Sixth Judicial Dist. Court
Citation: 43 Nev. 78, 181 Pac. 960, 183 Pac. 314
Year: 1919
Case URL: https://www.ravellaw.com/opinions/3692503601158deb30168efaa0fb234f?query=County%[...]
Case Summary:
- Residents of Humboldt County could not use initiative and referendum to challenge the formation of Pershing County out of Humboldt County.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 379 (1930) A signer of a referendum petition may not withdraw his name after the petition is filed.
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AGO 80-4 (1980) Under NRS 293.128, 293.200, 295.015, 295.045, 295.095, 295.140, 295.205 and 306.020, currently registered voters may sign petitions in furtherance of a qualifying political party or an independent candidate, placing initiative and referendum measures on the ballot and initiating recall elections, regardless of whether these person voted in the last preceding general election.