N.R.S. 295.095 - Commencement of proceedings: Petitioners’ committee; form and requirements of petition; determination of anticipated financial effect; circulator’s affidavit; receipt for petition issued by clerk
Overview of Statute
This section provides for the commencement of proceedings and necessary procedures.
1. Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
2. Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.
3. Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.
4. Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the county clerk shall consult with the board to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the board determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the board must prepare a description of the anticipated financial effect and the county clerk shall post a copy of this information on the county clerk’s Internet website, if the county clerk maintains one.
5. A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:
(a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk; or
(b) One hundred and thirty days before the election,
Ê whichever is earlier.
6. 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. All signatures on a petition must be obtained within the period specified in subsection 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.
7. 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; and
(d) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
8. 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.
(Added to NRS by 1967, 380; A 1989, 1182; 1997, 2787; 2001, 644, 2964; 2007, 327, 2543)
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 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.
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: Las Vegas Taxpayer Comm. v. City Council
Citation: 125 Nev. 165, 208 P.3d 429
Case URL: https://www.ravellaw.com/opinions/fb3555e32cdfb5f30372adc38041e6e8?query=Las%20V[...]
- 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.
Regulations & Guidance
Attorney General's Opinions
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.
NRS Cross References
Number of signatures, constitutional requirements, Const. Art. 19, section 4.