N.R.S. 295.061 - Challenge to description of petition; challenge to legal sufficiency of petition
Overview of Statute
This section provides for the process to challenge the description of a petition, and the legal sufficiency of a petition.
1. Except as otherwise provided in subsection 3, whether an initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, and the description of the effect of an initiative or referendum required pursuant to NRS 295.009, may be challenged by filing a complaint in the First Judicial District Court not later than 15 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is placed on file with the Secretary of State pursuant to NRS 295.015. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 15 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.
2. The legal sufficiency of a petition for initiative or referendum may be challenged by filing a complaint in district court not later than 7 days, Saturdays, Sundays and holidays excluded, after the petition is certified as sufficient by the Secretary of State. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 15 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.
3. If a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is challenged successfully pursuant to subsection 1 and such description is amended in compliance with the order of the court, the amended description may not be challenged.
1. 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.
Case Name: Nevadans for Nev. v. Beers
Citation: 122 Nev. 930, 142 P.3d 339
- 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.
Case Name: Las Vegas Taxpayer Comm. v. City Council
Citation: 125 Nev. 165, 208 P.3d 429
- Opponents of municipal initiative and referendum measures bore the burden of showing that the measure were clearly invalid.
- Municipal initiative violated the single-subject requirement.
- Single-subject and description-of-effect requirements apply to municipal ballot measures.
- Statutory deadline for challenges to initiatives and referendum measures does not apply to municipal measures.
- Referendum's description of effect was materially misleading.
- City Council did not have discretion to consider substantive validity of measures in determining whether to place them on ballot.