Code Section
Tool bar
Nevada > Statutes > State Initiative and Referendum

N.R.S. 295.0575 - Petition may consist of more than one document; circulator’s affidavit

Overview of Statute

This section allows for petitions to consist of more than one document.

Statute

A petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum may consist of more than one document. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      1.  That the circulator personally circulated the document.

      2.  The contact information of the circulator, including, without limitation, the street address of the residence where the circulator actually resides, unless a street address has not been assigned. If a street address has not been assigned, the document must contain the mailing address of the circulator.

      3.  That the circulator is 18 years of age or older.

      4.  The number of signatures thereon.

      5.  That all the signatures were affixed in the circulator’s presence.

      6.  That each signer had an opportunity before signing to read the full text of the act or resolution on which the initiative or referendum is demanded.

      (Added to NRS by 2007, 2543; A 2011, 1789, 3307)

Definition [Mail]

The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.

See Nev. Rev. Stat. § 293.065.

Definition [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.

Definition [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.

Cases

Nevada Cases

Case Name: LVCVA v. Secretary of State

Citation: 124 Nev. 669, 191 P.3d 1138

Year: 2008

Case URL: https://www.ravellaw.com/opinions/2c954b380ebf862e4e877376d121ead7?query=LVCVA%2[...]

Case Summary:

  • Substantial compliance is applicable standard for requirements of section.
  • Burden on proponents of initiative petitions to show substantial compliance with section.
  • Proponents of initiative petition failed to show substantial compliance with section under the circumstances.
  • Striking of signatures from petition documents was proper remedy for noncompliance with section.
  • Section does not violate First Amendment free speech rights.
  • Enforcement of section did not violate substantive due process under the circumstances.
  • Secretary of State was not equitably estopped from enforcing section.

Out-of-State Cases

Federal Cases