N.R.S. 295.140 - Petition for referendum: Form and requirements; circulator’s affidavit; receipt issued by clerk; certification of sufficiency; review of certification

Overview of Statute

      1.  Whenever 10 percent or more of the registered voters of any county of this State, as shown by the number of registered voters who voted at the last preceding general election, express their wish that any act or resolution enacted by the Legislature, and pertaining to that county only, be submitted to the vote of the people, they shall submit to the county clerk a petition, which must contain the names and residence addresses of at least 10 percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next general election upon the act or resolution on which the referendum is demanded.

      2.  A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than 130 days before the time set for the next succeeding general election.

      3.  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. Each document must contain, or have attached thereto throughout its circulation, the full text of the act or resolution on which the referendum is demanded.

      4.  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;

      (d) That the circulator believes them to be genuine signatures of the persons whose names they purport to be; and

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

      5.  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.

      6.  Within 20 days after a petition is submitted, the county clerk shall complete a certificate as to its sufficiency. Unless a request for review is filed pursuant to subsection 7, the certificate is a final determination as to the sufficiency of the petition.

      7.  If a petition is certified insufficient, the person who submitted the petition may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board of county commissioners. 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.

      8.  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 1960, 280; A 1993, 1033; 2001, 2966; 2005, 2842; 2007, 328)