N.R.S. 293.1277 - Verification of signatures by county clerks; regulations
Overview of Statute
This section provides the regulations for the verification of petition and filing signatures.
Statute
1. If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109, or 306.110, within 20 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 306.035 and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.
2. Except as otherwise provided in subsections 3 and 4, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of:
(a) Except as otherwise provided in paragraph (b), at least 500 or 5 percent of the signatures, whichever is greater.
(b) If the petition is for the recall of a public officer who holds a statewide office, at least 25 percent of the signatures.
If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.
3. If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.
4. If a petition is for the recall of a public officer who does not hold a statewide office, each county clerk:
(a) Shall not examine the signatures by sampling them at random for verification;
(b) Shall examine for verification every signature on the documents submitted to the county clerk; and
(c) When determining the total number of valid signatures on the documents, shall remove each name of a registered voter who submitted a request to have his or her name removed from the petition pursuant to NRS 306.015.
5. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection 6, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.
6. If:
(a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer; or
(b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature,
the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.
7. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.
8. Except as otherwise provided in subsection 10, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable.
9. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
10. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.
11. The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1995, 2257; 1997, 750; 1999, 2147; 2001, 641; 2009, 2588; 2011, 1784, 2083, 3271; 2013, 29; 2015, 3568; 2018 initiative petition, Ballot Question No. 5, § 9, eff. Jan. 1, 2018; Laws 2019, c. 288, § 2, eff. June 1, 2019; Laws 2019, c. 619, § 19, eff. Jan. 1, 2020.)
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 Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
3. Definition for Petition district
A district created pursuant to the provisions of NRS 304.060 to 304.120, inclusive, for the election of Representatives in Congress.
See Nev. Rev. Stat. § 293.069.
4. Definition for Digital signature
An electronic signature that transforms a message by using an asymmetric cryptosystem.
See Nev. Rev. Stat. §§ 293D.033, 720.060.
5. Definition for Electronic signature
An electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
See Nev. Rev. Stat. §§ 293D.036, 719.100.
6. Definition for Statewide voter registration list
The list of registered voters established and maintained pursuant to NRS 293.675.
See Nev. Rev. Stat. § 293.111.
7. 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.
8. 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.
9. Definition for Ballot
The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.
See Nev. Rev. Stat. § 293.025.
10. 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.