N.R.S. 293.12793 - Appeal with Secretary of State contesting verification of signatures; notification of public officer who is subject of petition to recall; consideration and investigation of allegations
Overview of Statute
This section governs the appeals process for contesting the verification of petition signatures.
1. If the Secretary of State determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the signatures by filing an appeal with the Secretary of State. The appeal must:
(a) Be filed within 5 working days after receipt of notification of the determination of the Secretary of State;
(b) Include each reason for the appeal; and
(c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.
2. The Secretary of State shall:
(a) If the petition was circulated pursuant to chapter 306 of NRS, immediately notify the public officer who is the subject of the petition of the appeal by the person who submitted the petition; and
(b) Consider the allegations and conduct an investigation, if necessary.
1. Definition for County clerk
2. 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.
3. 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.
4. 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.
5. 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.
6. Definition for Contest
An adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
See Nev. Rev. Stat. § 293.042.
Case Name: Citizens for Honest & Responsible Gov’t v. Heller
Citation: 116 Nev. 939, 11 P.3d 121
- Statistical sampling procedures aid in the operation of the recall right.
- Judicial review of secretary of state's final determination of election petition: State Administrative Procedure Act does not apply.
- Requirement to submit circulated petition to filing officer within certain period after filing of notice of intent is justified by state's important regulatory interests.
- Right of signer of petition to rescind signature aids in the operation of the recall right.