N.R.S. 295.210 - Certification of sufficiency of petition; review of certification
Overview of Statute
This section provides for the certification of the sufficiency of a petition.
Statute
1. Within 20 days after the petition is submitted to the city clerk pursuant to NRS 295.205, the city clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is certified insufficient and the petitioners’ committee does not elect to request council review under subsection 3 within the time required, the city clerk must promptly present the city clerk’s certificate to the council and the certificate is a final determination as to the sufficiency of the petition.
3. If a petition has been certified insufficient, the committee may, within 2 days after receiving the copy of the certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the council’s determination is a final determination as to the sufficiency of the petition.
4. 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 1967, 378; A 1989, 1184; 2001, 2968; 2005, 2844)
1. 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.
Cases
Nevada Cases
Case Name: Eller Media Co. v. City of Reno
Citation: 118 Nev. 767, 59 P.3d 437
Year: 2002
Case URL: https://www.ravellaw.com/opinions/398811664e1adf78e190b98050c31f33?query=Eller%2[...]
Case Summary:
- City clerk's delegation to county registrar of voters of duty to examine initiative petition signatures did not violate statutory requirements.
Case Name: Las Vegas Taxpayer Comm. v. City Council
Citation: 125 Nev. 165, 208 P.3d 429
Year: 2009
Case URL: https://www.ravellaw.com/opinions/fb3555e32cdfb5f30372adc38041e6e8?query=Las%20V[...]
Case Summary:
- Opponents of municipal initiative and referendum measures bore the burden of showing that the measure were clearly invalid.
- Municipal initiative violated the single-subject requirement.
- Single-subject and description-of-effect requirements apply to municipal ballot measures.
- Statutory deadline for challenges to initiatives and referendum measures does not apply to municipal measures.
- Referendum's description of effect was materially misleading.
- City Council did not have discretion to consider substantive validity of measures in determining whether to place them on ballot.