N.R.S. 295.015 - Copy of petition and certain information to be filed with Secretary of State before presentation to voters for signatures and after any amendment; effect of amendment on petition; determination of fiscal effect; Legislative Counsel authorized to provide technical suggestions; posting on Secretary of State’s Internet website
Overview of Statute
This section provides for a copy of a petition to be filed with Secretary of State before presentation to voters, and other regulations on petitions.
1. Before a petition for initiative or referendum may be presented to the registered voters for their signatures, the person who intends to circulate the petition must:
(a) File a copy of the petition for initiative or referendum, including the description of the effect of the initiative or referendum required pursuant to NRS 295.009, with the Secretary of State.
(b) Submit to the Secretary of State on a form prescribed by the Secretary of State:
(1) The name and signature of the person.
(2) If the person has formed a committee for political action for the purposes of advocating the passage of the initiative or referendum, the name of that committee for political action.
(3) The names of not more than three persons who are authorized to withdraw the petition or submit an amended petition.
2. If a petition for initiative or referendum or the description of the effect of the initiative or referendum required pursuant to NRS 295.009 is amended after the petition is placed on file with the Secretary of State pursuant to subsection 1:
(a) The revised petition must be placed on file with the Secretary of State before it is presented to the registered voters for their signatures;
(b) Any signatures that were collected on the original petition before it was amended are not valid; and
(c) The requirements for submission of the petition to each county clerk set forth in NRS 295.056 apply to the revised petition.
3. Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 or 2:
(a) The Secretary of State shall assign to the petition for initiative or referendum a unique identifier that must:
(1) Consist of a serial number or letter, or both; and
(2) Distinguish among each different type of petition received.
(b) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine whether the petition for 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 petition for 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 Fiscal Analysis Division must prepare a fiscal note regarding the petition that includes an explanation of any such effect.
(c) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.
4. Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1 or 2, the Secretary of State shall post on the Secretary of State’s Internet website a copy of the petition, including:
(a) The description of the effect of the initiative or referendum required pursuant to NRS 295.009;
(b) The unique identifier assigned to the petition by the Secretary of State pursuant to subsection 3;
(c) Any fiscal note regarding the petition prepared by the Fiscal Analysis Division pursuant to subsection 3; and
(d) Any suggestions regarding the petition made by the Legislative Counsel pursuant to subsection 3.
(Added to NRS by 1963, 1384; A 1981, 12; 1985, 1112; 2005, 2838; 2007, 1251, 2543; 2017, 3369; 2019, c.546.)
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 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 Committee for political action
1. “Committee for political action” means:
(a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
(1) Makes or intends to make contributions to candidates or other persons; or
(2) Makes or intends to make expenditures,
Ê designed to affect the outcome of any primary election, general election, special election or question on the ballot.
(b) Any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union:
(1) Which has as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or
(2) Which does not have as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes independent expenditures in excess of $5,000 in a calendar year.
2. “Committee for political action” does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
(c) An individual natural person.
(d) Except as otherwise provided in paragraph (b) of subsection 1, an individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) Except as otherwise provided in paragraph (b) of subsection 1, a labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(h) A major or minor political party or any committee sponsored by a major or minor political party.
See Nev. Rev. Stat. § 294A.0055.
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 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.
Case Name: Nevadans for Nev. v. Beers
Citation: 122 Nev. 930, 142 P.3d 339
Case URL: https://www.ravellaw.com/opinions/79a68f1da06a36b3267f3c6e7ea0d942?query=142%20P[...]
- Fiscal analysis may be considered in ascertaining scope and impact of ballot initiative.
- The required description of an initiative's effect and the right to challenge such a description are constitutional.
- The filed copy of an initiative petition required a proper description of effect.
- Strict adherence to the constitutional filing requirement is necessary.
Regulations & Guidance
Attorney General's Opinions
AGO 153 (1934) People, in enacting initiative measures, are a coordinate legislative body with the same sovereignty as the legislature and bound by the same constitutional limitations and restrictions. The rule that the lesgislature is presumed to know the state of law on a subject upon which it legislates is applicable to people when enacting initiative measures.
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.