N.R.S. 295.056 - Requirements for submission of signatures to county clerk
Overview of Statute
This section provides the requirements for submission of signatures.
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 the clerk’s 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 15th day following the general election.
3. If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the 15th day following the primary election.
4. If the petition is for referendum, the document or documents must be submitted not later than the 15th day following the primary election.
5. All documents which are submitted to a county clerk for verification must be submitted at the same time. If documents concerning the same petition are submitted for verification to more than one county clerk, the documents must be submitted to each county clerk on the same day. At the time that the petition is submitted to a county clerk for verification, the petitioners may designate a contact person who is authorized by the petitioners to address questions or issues relating to the petition.
(Added to NRS by 1983, 923; A 1985, 551, 1113; 1991, 2226; 1993, 2669; 1999, 3560; 2007, 326, 1186; 2011, 1789; 2017, 3370; 2019, c.619.)
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 Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
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: We the People Nevada v. Secretary of State
Citation: 124 Nev. 874, 192 P.3d 1166
Case URL: https://www.ravellaw.com/opinions/c5c8e379fb0e6d9e1569d811af388c85?query=We%20th[...]
- Reading of submission deadline in conjunction with Nev. Art. 19, § 2(4) and Nev. Art. 19, § 3(2).
- Former submission deadline unconstitutional.
- Doctrine of revival applied.
- Provision of statute governing initiative process would not be enforced when to do so would infringe constitutional right of initiative.
Regulations & Guidance
Attorney General's Opinions
AGO 84-7 (1984) Former section 295.010 of the Nevada Administrative Code, which provided the time within which certain initiative and referendum petitions must be presented to county clerks, did not conflict with Nev. Art. 19, section 2, concerning the time within which an initiative petition must be filed with the secretary of state, or related provisions of NRS 295.056 et seq.