N.R.S. 295.105 - Certification of sufficiency of petition; review of certification
Overview of Statute
This section provides for the certification of sufficiency of petitions.
1. Within 20 days after the petition is submitted to the county clerk pursuant to NRS 295.095, the county clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is certified insufficient and the petitioners’ committee does not elect to request board review under subsection 3 within the time required, the county clerk shall promptly present his or her certificate to the board and the certificate is a final determination as to the sufficiency of the petition.
3. If a petition has been certified insufficient, the committee may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.
4. A final determination as to the sufficiency of a petition is subject to judicial review. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 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. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.
(Added to NRS by 1967, 380; A 1989, 1183; 2001, 2965; 2005, 2839)
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 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.
3. 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.