N.R.S. 306.035 - Signatures must be submitted to county clerk for verification before petition for recall may be filed
Overview of Statute
This section provides for the signatures to be submitted to the county clerk for verification before filing the petition for recall.
Statute
1. Before a petition to recall a public officer who holds a statewide office is filed with the Secretary of State as the filing officer pursuant to subsection 5 of NRS 306.015, each county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within the clerk’s county.
2. Before a petition to recall a public officer who does not hold a statewide office is filed with the filing officer pursuant to subsection 5 of NRS 306.015, the county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signatures within the clerk’s county.
3. If more than one document was circulated, all the documents must be submitted to the clerk at the same time.
(Added to NRS by 1985, 1114; A 1987, 1376; 1999, 3563; 2019, c.288.)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. Definition for Filing officer
The Secretary of State, county or city clerk or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.
See Nev. Rev. Stat. § 293.057.
3. 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.
4. Definition for 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.
Cases
Nevada Cases
Case Name: Citizens for Honest & Responsible Gov’t v. Heller
Citation: 116 Nev. 939, 11 P.3d 121
Year: 2000
Case URL: https://www.ravellaw.com/opinions/f79744a8d4a0d5d6223b514f9889dabb?query=Citizen[...]
Case Summary:
- Statistical sampling procedures aid in the operation of the recall right.
- Judicial review of secretary of state's final determination of election petition: State Administrative Procedure Act does not apply.
- Requirement to submit circulated petition to filing officer within certain period after filing of notice of intent is justified by state's important regulatory interests.
- Right of signer of petition to rescind signature aids in the operation of the recall right.