INITIATIVE AND REFERENDUM
STATE INITIATIVE AND REFERENDUM
NRS 295.015 Copy of petition for initiative to be filed with secretary of state before presentation of petition to voters for signatures.
NRS 295.035 Petition for initiative proposing amendment to constitution: Secretary of state to use same number for identification of petition when submitted at successive elections.
NRS 295.045 Petition for referendum: Filing; submission to voters at general election.
NRS 295.055 Petition for initiative or referendum: Regulations specifying format; each document of petition limited to voters of single county; removal of name from petition.
NRS 295.056 Petition for initiative or referendum: Requirements for submission of signatures to county clerk.
NRS 295.061 Challenge to legal sufficiency of petition.
COUNTY INITIATIVE AND REFERENDUM
NRS 295.075 “Board” defined.
NRS 295.085 Registered voters’ power of initiative and referendum concerning county ordinances.
NRS 295.095 Commencement of proceedings: Petitioners’ committee; form and requirements of petition; circulator’s affidavit; receipt for petition issued by clerk.
NRS 295.105 Certification of sufficiency of petition; review of certification.
NRS 295.115 Consideration by board; submission to registered voters; withdrawal of petition.
NRS 295.121 Appointment of committees to prepare arguments advocating and opposing approval of ballot questions for county; duties of committees; regulations; review of arguments; placement of arguments in sample ballot.
NRS 295.125 Results of election.
COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS OR RESOLUTIONS
NRS 295.140 Petition for referendum: Form and requirements; circulator’s affidavit; receipt issued by clerk; certification of sufficiency; review of certification.
NRS 295.150 Names of registered voters may be contained in more than one petition; verification of petition.
NRS 295.160 Submission of question to people; publication.
NRS 295.170 Form of question on ballot; count and canvass of votes.
NRS 295.180 Effect of approval or disapproval of majority of registered voters.
MUNICIPAL INITIATIVE AND REFERENDUM
NRS 295.195 Definitions.
NRS 295.200 Registered voters’ power of initiative and referendum concerning city ordinances.
NRS 295.205 Commencement of proceedings: Petitioners’ committee; form and requirements of petition; circulator’s affidavit; receipt for petition issued by clerk.
NRS 295.210 Certification of sufficiency of petition; review of certification.
NRS 295.215 Consideration by council; submission to registered voters; withdrawal of petition.
NRS 295.217 Appointment of committees to prepare arguments advocating and opposing approval of ballot questions for city; duties of committees; regulations; review of arguments; placement of arguments in sample ballot.
NRS 295.220 Results of election.
SUFFICIENCY OF CERTAIN PETITIONS
NRS 295.250 Determination of total number of signatures.
NRS 295.260 Verification of signatures.
NRS 295.270 Certification of sufficiency or insufficiency of petition; date petition deemed filed.
NRS 295.280 Handling of petition.
NRS 295.290 County or city clerk must allow witness of determination and verification of signatures.
NRS 295.015 Copy of petition for initiative to be filed with secretary of state before presentation of petition to voters for signatures. A copy of a petition for initiative must be placed on file in the office of the secretary of state before it may be presented to the registered voters for their signatures.
(Added to NRS by 1963, 1384; A 1981, 12; 1985, 1112)
NRS 295.035 Petition for initiative proposing amendment to constitution: Secretary of state to use same number for identification of petition when submitted at successive elections. If the initiative petition proposes an amendment to the constitution, in resubmitting the initiative to the voters, the secretary of state shall use the same identifying number or other identification used for the first submission.
(Added to NRS by 1963, 1384; A 1973, 332; 1985, 550)
NRS 295.045 Petition for referendum: Filing; submission to voters at general election.
1. A copy of a petition for referendum must be placed on file in the office of the secretary of state before it may be presented to the registered voters for their signatures.
2. A petition for referendum must be filed with the secretary of state not less than 120 days before the date of the next succeeding general election.
3. The secretary of state shall certify the questions to the county clerks, and they shall publish them in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
4. The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: “Shall the statute (setting out its title) be approved?”
5. Where a mechanical voting system is used, the title of the statute must appear on the list of offices and candidates and the statements of measures to be voted on and may be condensed to no more than 25 words.
6. The votes cast upon the question must be counted and canvassed as the votes for state officers are counted and canvassed.
(Added to NRS by 1963, 1383; A 1977, 247; 1979, 268; 1981, 13; 1985, 1112)
NRS 295.055 Petition for initiative or referendum: Regulations specifying format; each document of petition limited to voters of single county; removal of name from petition.
1. The secretary of state shall by regulation specify:
(a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. Each signature must be dated.
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.
2. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.
3. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.
(Added to NRS by 1963, 1385; A 1985, 550; 1987, 1374; 2001, 644)
NRS 295.056 Petition for initiative or referendum: Requirements for submission of signatures to county clerk.
1. Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.
2. If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November of an even-numbered year.
3. If a petition for initiative proposes an amendment to the constitution, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.
4. If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in May of an even-numbered year.
5. All documents which are submitted to a county clerk for verification must be submitted at the same time.
(Added to NRS by 1983, 923; A 1985, 551, 1113; 1991, 2226; 1993, 2669; 1999, 3560)
NRS 295.061 Challenge to legal sufficiency of petition. The legal sufficiency of a petition filed pursuant to NRS 295.015 to 295.061, inclusive, may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the petition is filed with the secretary of state. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 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.
(Added to NRS by 1999, 3560)
COUNTY INITIATIVE AND REFERENDUM
NRS 295.075 “Board” defined. As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
(Added to NRS by 1967, 380; A 1999, 2120)
NRS 295.085 Registered voters’ power of initiative and referendum concerning county ordinances. The registered voters of a county may:
1. Propose ordinances to the board and, if the board fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a primary or general election.
2. Require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, to approve or reject it at a primary or general election.
(Added to NRS by 1967, 380; A 1993, 1032)
NRS 295.095 Commencement of proceedings: Petitioners’ committee; form and requirements of petition; circulator’s affidavit; receipt for petition issued by clerk.
1. Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and 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 county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.
3. Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.
4. A petition must be submitted to the county 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 county clerk; or
(b) One hundred and thirty days before the election,
whichever is earlier.
5. 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 and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. The county 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, 380; A 1989, 1182; 1997, 2787; 2001, 644, 2964)
NRS 295.105 Certification of sufficiency of petition; review of certification.
1. Within 20 days after the petition is submitted to the county clerk pursuant to NRS 295.095, the county 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 board review under subsection 3 within the time required, the county clerk shall promptly present his certificate to the board 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 a copy of the certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board 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. 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, 380; A 1989, 1183; 2001, 2965)
NRS 295.115 Consideration by board; submission to registered voters; withdrawal of petition.
1. When an initiative or referendum petition has been finally determined sufficient, the board 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 board fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the board shall submit the proposed or referred ordinance to the registered voters of the county.
2. The vote of the county on the proposed or referred ordinance must be held at the next primary 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 county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county 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, 381; A 1969, 896; 1993, 1032; 2001, 2966)
NRS 295.121 Appointment of committees to prepare arguments advocating and opposing approval of ballot questions for county; duties of committees; regulations; review of arguments; placement of arguments in sample ballot.
1. In a county whose population is 100,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the board of a county whose population is 100,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.
7. The county clerk of a county whose population is 100,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
9. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a county whose population is less than 100,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.
(Added to NRS by 1999, 2118; A 2001, 645, 1974)
NRS 295.125 Results of election.
1. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
2. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
(Added to NRS by 1967, 382)
COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS OR RESOLUTIONS
NRS 295.140 Petition for referendum: Form and requirements; circulator’s affidavit; receipt issued by clerk; certification of sufficiency; review of certification.
1. Whenever 10 percent or more of the registered voters of any county of this state, as shown by the number of registered voters who voted at the last preceding general election, express their wish that any act or resolution enacted by the legislature, and pertaining to that county only, be submitted to the vote of the people, they shall submit to the county clerk a petition, which must contain the names and residence addresses of at least 10 percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next primary or general election upon the act or resolution on which the referendum is demanded.
2. A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than 130 days before the time set for the next succeeding general election.
3. 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 and followed by the address of the person signing and the date on which he signed the petition. Each document must contain, or have attached thereto throughout its circulation, the full text of the act or resolution on which the referendum is demanded.
4. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the act or resolution on which the referendum is demanded.
5. The county 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.
6. Within 20 days after a petition is submitted, the county clerk shall complete a certificate as to its sufficiency. Unless a request for review is filed pursuant to subsection 7, the certificate is a final determination as to the sufficiency of the petition.
7. If a petition is certified insufficient, the person who submitted the petition may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board of county commissioners. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.
8. A final determination as to the sufficiency of a petition is subject to judicial review. 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 1960, 280; A 1993, 1033; 2001, 2966)
NRS 295.150 Names of registered voters may be contained in more than one petition; verification of petition.
1. The names of the registered voters petitioning need not be all upon one petition, but may be contained on one or more petitions; but each petition shall be verified by at least one of the voters who has signed such petition.
2. The voter making the verification shall swear, on information and belief, that the persons signing the petition are registered voters of the county and state, and that such signatures are genuine and were executed in his presence.
(Added to NRS by 1960, 280)
NRS 295.160 Submission of question to people; publication.
1. If the petition is determined to be sufficient, the county clerk shall, at the next primary or general election, submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of that county.
2. The county clerk shall publish those questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
(Added to NRS by 1960, 280; A 1993, 1033; 2001, 2967)
NRS 295.170 Form of question on ballot; count and canvass of votes.
1. The subject matter of such questions must be stated concisely on the ballot, and the question printed upon the ballot for the information of the voter must be as follows: “Shall the act (setting out the title thereof) be approved?”
2. Where a mechanical voting system is used, the title of the act must appear on the list of offices and candidates and the statements of measures to be voted on and may be condensed by the district attorney to 20 words.
3. The district attorney shall prepare an explanation of each such question, which must be placed on the ballot or the list of offices and candidates and the statements of measures to be voted on, or posted in the polling place.
4. The votes cast upon such question must be counted and canvassed as the votes for county officers are counted and canvassed.
(Added to NRS by 1960, 281; A 1967, 1226; 1977, 248; 1985, 1114)
NRS 295.180 Effect of approval or disapproval of majority of registered voters.
1. When a majority of the registered voters of the county voting upon the question submitted, by their vote, approve the act or resolution, it is the law of the state, and may not be repealed, overruled, annulled, set aside or in any way made inoperative, except by a direct vote of the registered voters of that county.
2. When a majority of the registered voters of that county voting upon the question submitted disapproves, the act or resolution is void.
(Added to NRS by 1960, 281; A 1987, 1374)
MUNICIPAL INITIATIVE AND REFERENDUM
NRS 295.195 Definitions. As used in NRS 295.195 to 295.220, inclusive, unless the context otherwise requires:
1. “City” means an incorporated city.
2. “Council” means the governing body of a city.
(Added to NRS by 1967, 377; A 1987, 1719; 1999, 2120)
NRS 295.200 Registered voters’ power of initiative and referendum concerning city ordinances. The registered voters of a city may:
1. Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, adopt or reject it at the next primary or general city election or primary or general election.
2. Require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, approve or reject it at the next primary or general city election or primary or general election.
(Added to NRS by 1967, 378; A 1987, 364; 1993, 1033)
NRS 295.205 Commencement of proceedings: Petitioners’ committee; form and requirements of petition; circulator’s affidavit; receipt for petition issued by clerk.
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. 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,
whichever is earlier.
5. 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 and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. 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)
NRS 295.210 Certification of sufficiency of petition; review of certification.
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 his 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. 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)
NRS 295.215 Consideration by council; submission to registered voters; withdrawal of petition.
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 primary or general city election or primary 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)
NRS 295.217 Appointment of committees to prepare arguments advocating and opposing approval of ballot questions for city; duties of committees; regulations; review of arguments; placement of arguments in sample ballot.
1. In a city whose population is 60,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation with the city clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the council of a city whose population is 60,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 7.
7. The city clerk of a city whose population is 60,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.
9. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a city whose population is less than 60,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.
(Added to NRS by 1999, 2119; A 2001, 647, 1976)
NRS 295.220 Results of election.
1. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
2. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
(Added to NRS by 1967, 379)
SUFFICIENCY OF CERTAIN PETITIONS
NRS 295.250 Determination of total number of signatures.
1. Upon submission of a petition containing signatures that are required to be verified pursuant to NRS 295.095, 295.140 or 295.205, the county or city clerk shall determine the total number of signatures on the petition.
2. If the county or city clerk finds that the total number of signatures on the petition is:
(a) One hundred percent or more of the required number of signatures of registered voters, the county or city clerk shall examine the signatures for verification as provided in NRS 295.260.
(b) Less than 100 percent of the required number of signatures of registered voters:
(1) The petition shall be deemed insufficient; and
(2) The county or city clerk shall not examine the signatures for verification as provided in NRS 295.260.
(Added to NRS by 2001, 2962)
NRS 295.260 Verification of signatures.
1. If the total number of signatures on the petition is 500 or less, the county or city clerk shall examine every signature on the petition for verification.
2. Except as otherwise provided in this subsection, if the total number of signatures on the petition is more than 500, the county or city clerk shall examine the signatures only by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county or city clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500, or 5 percent, of the signatures, whichever is greater. If the examination of the random sample shows that the number of valid signatures is less than 90 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient pursuant to subsection 5. If the examination of the random sample shows that the number of valid signatures is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the county or city clerk shall continue to examine the signatures for verification until he has:
(a) Determined that 100 percent of the number of signatures of registered voters needed to certify the petition sufficient are valid; or
(b) Examined every signature for verification.
3. In determining from the records of registration the number of registered voters who have signed the petition, and in examining the signatures on the petition for verification, the county or city clerk may use any file or list of registered voters maintained by his office or facsimiles of the signatures of voters. If the county or city clerk uses the file of applications to register to vote, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county or city clerk may rely on the appearance of the signature, and the address and date included with each signature, in making his determination. Notwithstanding the provisions of this subsection, a petition must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the file or list of registered voters used by the county or city clerk and the identity of the signer can be ascertained from the face of the petition.
4. If necessary, the board of county commissioners or the governing body of the city shall allow the county or city clerk additional assistants for examining the signatures and provide for their compensation.
5. If, pursuant to the examination of signatures for verification as required by this section, the number of valid signatures is:
(a) One hundred percent or more of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified sufficient.
(b) Less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient.
(Added to NRS by 2001, 2963)
NRS 295.270 Certification of sufficiency or insufficiency of petition; date petition deemed filed.
1. Upon the determination of the sufficiency or insufficiency of the petition pursuant to NRS 295.250 or 295.260, the county or city clerk shall:
(a) Attach a certificate to the petition indicating the date and the sufficiency or insufficiency of the petition;
(b) If the petition is certified insufficient, specify the deficiencies in the petition that render it insufficient;
(c) If the petition was submitted pursuant to NRS 295.095 or 295.205, promptly send a copy of the certificate by registered or certified mail to the petitioners’ committee;
(d) If the petition was submitted pursuant to NRS 295.140, promptly send a copy of the certificate by registered or certified mail to the person who submitted the petition; and
(e) Retain the petition and the original certificate at the office of the county or city clerk.
2. The petition shall be deemed filed with the county or city clerk as of the date of the certificate showing the petition to be validly signed by the number of registered voters needed to certify the petition sufficient.
(Added to NRS by 2001, 2963)
NRS 295.280 Handling of petition. After the submission of the petition to the county or city clerk for verification pursuant to NRS 295.250 to 295.290, inclusive, the petition must not be handled by any person other than an employee of the office of the county or city clerk until the county or city clerk has attached a certificate to the petition pursuant to NRS 295.270.
(Added to NRS by 2001, 2964)
NRS 295.290 County or city clerk must allow witness of determination and verification of signatures. The county or city clerk shall allow the person who submitted the petition or a member of the petitioners’ committee, if any, to witness:
1. The determination of the total number of signatures on the petition; and
2. The examination of the signatures on the petition for verification.
(Added to NRS by 2001, 2964)