N.R.S. 293.1276 - County clerk to forward number of signatures to Secretary of State; notice of failure to file required number of signatures; handling of petition; regulations
Overview of Statute
This section requires the county clerk to forward signatures to the Secretary of State.
Statute
1. Within 4 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109, 306.035 or 306.110, and within 2 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200, the county clerk shall determine the total number of signatures affixed to the documents and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained fully or partially within the county and forward that information to the Secretary of State.
2. If the Secretary of State finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, the Secretary of State shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.
3. After the petition is submitted to the county clerk, it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the Secretary of State.
4. The Secretary of State may adopt regulations establishing procedures to carry out the provisions of this section.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1997, 750; 1999, 2147; 2009, 2588; 2011, 1784, 3271; 2015, 3568)
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 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 Petition district
A district created pursuant to the provisions of NRS 304.060 to 304.120, inclusive, for the election of Representatives in Congress.
See Nev. Rev. Stat. § 293.069.
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 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.
6. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
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.
Out-of-State Cases
Federal Cases
Case Name: Libertarian Party of Nevada v. Swackhamer
Citation: 638 F. Supp. 565
Federal District Court: District of Nevada
Year: 1986
Case URL: https://www.ravellaw.com/opinions/9a50af73c398615f060b4b2723a005c4?query=Swackha[...]
Case Summary:
- Former provisions of statute unconstitutional when inherent bar to filing as candidate for third party created.
- Former provisions of statute infringed upon political party's access to ballot and voters' right to cast vote.