N.R.S. 295.215 - Consideration by council; submission to registered voters; withdrawal of petition
Overview of Statute
This section provides for the consideration of initiatives by council.
Statute
1. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If, within 30 days after the date the petition was finally determined sufficient, the council fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the council shall submit the proposed or referred ordinance to the registered voters of the city.
2. The vote of the city on the proposed or referred ordinance must be held at the next general city election or general election. Copies of the proposed or referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of that request, the petition has no further effect and all proceedings thereon must be terminated.
(Added to NRS by 1967, 379; A 1969, 896; 1987, 364; 1993, 1033; 2001, 2969; 2005, 2844)
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
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 General city election
An election held pursuant to NRS 293C.115, 293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.
See Nev. Rev. Stat. § 293.059.
4. 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.
5. 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.
Cases
Nevada Cases
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.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 79-3 (1979) Provision of Nev. Ar. 19, section 4, permitting the enactment of special legislation for municipality by initiative petition, does not extend to special law which would confer financial benefit on a private corporation through the expenditure of public funds in violation of Nev. Ar. 1, section 8, and Nev. Art. 8, section 10, and city council is not obligated to consider for enactment or submit to the people under NRS 295.215 a proposal offered by initiative petition where such proposal would be unconstitutional if enacted.