N.R.S. 295.205 - Commencement of proceedings: Petitioners’ committee; form and requirements of petition; determination of anticipated financial effect; circulator’s affidavit; receipt for petition issued by clerk

Overview of Statute

      1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:

      (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form;

      (b) Stating their names and addresses;

      (c) Specifying the address to which all notices to the committee are to be sent; and

      (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

      4.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the city clerk shall consult with the council to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the council determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the council must prepare a description of the anticipated financial effect and the city clerk shall post a copy of this information on the city clerk’s Internet website, if the city clerk maintains one.

      5.  A petition must be submitted to the city clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk; or

      (b) One hundred and thirty days before the election,

Ê whichever is earlier.

      6.  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. All signatures on a petition must be obtained within the period specified in subsection 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      7.  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 each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      8.  The city 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.

      (Added to NRS by 1967, 378; A 1987, 364; 1989, 1184; 1997, 2788; 2001, 646, 2967; 2007, 329, 2544)