N.R.S. 306.015 - Contents and filing of notice of intent to circulate petition for recall; penalty for failure to submit timely petition; procedure for removing name from petition; person who signs notice of intent or petition immune from civil liability for certain conduct
Overview of Statute
This section provides for the contents and filing of a notice of intent to circulate a petition for recall.
1. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer with whom the public officer filed his or her declaration of candidacy.
2. The notice of intent:
(a) Must be signed by:
(1) If the public officer holds a statewide office, three registered voters who actually:
(I) Voted in this State at the election at which the public officer was elected; and
(II) Reside in this State on the date that the notice of intent is filed with the filing officer.
(2) If the public officer does not hold a statewide office, three registered voters who actually:
(I) Voted in the county, district or municipality that the public officer represents at the election at which the public officer was elected; and
(II) Reside in the county, district or municipality that the public officer represents on the date that the notice of intent is filed with the filing officer.
(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.
3. The petition may consist of more than one document and must be circulated for signatures and submitted to the filing officer in accordance with this subsection. The persons filing the notice of intent shall submit to the filing officer:
(a) On or before the 48th day after the date on which the notice of intent was filed, all signatures that were collected on the petition during the period beginning on the date on which the notice of intent was filed and ending on the 45th day after the date on which the notice of intent was filed. If any such signature is not timely submitted to the filing officer pursuant to this paragraph, it shall be deemed that the signature is not a valid signature.
(b) On or before the 90th day after the date on which the notice of intent was filed, all signatures that were collected on the petition during the period beginning on the 46th day after the date on which the notice of intent was filed and ending on the date of submission of the petition to the filing officer for signature verification pursuant to this paragraph. The circulation of the petition must cease on the date of submission of the petition to the filing officer for signature verification pursuant to this paragraph or on the 90th day after the date on which the notice of intent was filed, whichever occurs first. If the persons filing the notice of intent timely submit the petition to the filing officer for signature verification pursuant to this paragraph and comply with the provisions of NRS 306.016, the filing officer shall immediately submit the petition to the county clerk for the verification pursuant to NRS 306.035 of the signatures that were collected on the petition and timely submitted to the filing officer pursuant to this subsection.
4. Any person who fails to submit the petition to the filing officer as required by subsection 3 is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
5. The county clerk shall, upon completing the verification of the signatures on the petition pursuant to NRS 306.035, file the petition with the filing officer.
6. Any person who signs a petition to recall any public officer may request that the county clerk remove the person’s name from the petition by submitting a request in writing to the county clerk at any time before the verification of the signatures thereon is completed.
(Added to NRS by 1975, 1166; A 1985, 1219; 1991, 2214, 2226; 1993, 614, 2407; 1995, 2793; 1997, 766, 3473; 1999, 3562; 2001, 649, 1347, 2969; 2003, 200, 210; 2019, cc.288, 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 Filing officer
The Secretary of State, county or city clerk or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.
See Nev. Rev. Stat. § 293.057.
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 Oath
See Nev. Rev. Stat. § 293.068.
5. 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.
6. 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.
7. 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: Citizens for Honest & Responsible Gov’t v. Heller
Citation: 116 Nev. 939, 11 P.3d 121
Case URL: https://www.ravellaw.com/opinions/f79744a8d4a0d5d6223b514f9889dabb?query=Citizen[...]
- Statistical sampling procedures aid in the operation of the recall right.
- Judicial review of secretary of state's final determination of election petition: State Administrative Procedure Act does not apply.
- Requirement to submit circulated petition to filing officer within certain period after filing of notice of intent is justified by state's important regulatory interests.
- Right of signer of petition to rescind signature aids in the operation of the recall right.
Regulations & Guidance
Attorney General's Opinions
AGO 80-17 (1980) Under NRS 306.015, a notice of intent to circulate a recall petition must be signed by three currently registered voters who actually voted in the last preceding general election held in the jurisdiction which elected the officer being recalled.
AGO 95-04 (1995) Where a public officer is in the first 6 months of his term, regardless of whether the term is the first or a subsequent term, the filing officer should not accept for filing either a notice of intent to circulate a petition for recall of the officer or an actual petition for recall of the officer. (See Nev. Art. 2, section 9 and NRS 306.015.)