NAC: CHAPTER 295 - INITIATIVE AND REFERENDUM

[Rev. 11/21/2013 4:03:37 PM--2013]

[NAC-295 Revised Date: 6-12]

CHAPTER 295 - INITIATIVE AND REFERENDUM

295.020 Requirements for individual documents of petitions for initiative or referendum.

295.025 Individual documents limited to voters of single county and petition district; separate documents required for each petition district contained within county.

295.040 Disclosure of requirement for participation in constitutional convention.

295.050 Request to remove person’s name from petition.

NAC 295.020 Requirements for individual documents of petitions for initiative or referendum. (NRS 293.124, 293.247, 295.055)

1. A person who submits a petition that consists of more than one document to the county clerk for verification of the signatures shall sequentially number each page of each document in the petition, beginning with the number 1.

2. If a petition for an initiative or referendum consists of more than one document, each document must, in addition to any other requirements, contain the full text of the proposed measure and:

(a) Include sequentially numbered spaces for:

(1) The name of each person who signs the petition.

(2) The signature of the person signing the petition.

(3) The street address of the residence where the person signing the petition actually resides, unless a street address has not been assigned. If a street address has not been assigned, the document may contain the mailing address of the person signing the petition.

(4) The name of the county and the petition district where the person who signs is a registered voter.

(5) The date of the signature.

(6) If the petition is a municipal initiative or referendum proposed pursuant to the provisions of NRS 295.195 to 295.220, inclusive, the name of the city in which the person who signs is registered to vote.

(b) Have attached to it, when filed, an affidavit signed by the person who circulated the document in substantially the following form:

STATE OF NEVADA

COUNTY OF _______________

I, ___________________ (print name), being first duly sworn under penalty of perjury, depose and say: (1) that I reside at _________ (print street, city and state); (2) that I am 18 years of age or older; (3) that I personally circulated this document; (4) that all signatures were affixed in my presence; (5) that the number of signatures affixed thereon is ___________________; and (6) that each person who signed had an opportunity before signing to read the full text of the act or resolution on which the initiative or referendum is demanded.

Signature of circulator

Subscribed and sworn to or affirmed

before me this day of , .

Notary public or other person licensed

to administer an oath

3. Any document of a petition may consist of more than one page. If a document consists of more than one page:

(a) Each page, including a blank signature page, must be numbered sequentially, beginning with the number 1 for each document;

(b) All the pages must be stapled, bound or attached in a similar manner that does not include the use of paper clips, rubber bands or binder clips and must be placed in numerical order; and

4. As used in this section, “petition” means a petition described in Article 19 of the Nevada Constitution or NRS 295.015 or 295.045.

(Added to NAC by Sec’y of State, eff. 7-18-88; A by R217-97, 5-26-98; R013-00, 4-4-2000; R183-01, 5-10-2002; R072-06, 7-14-2006; R163-07, 12-4-2007; R092-09, 10-27-2009; R111-11, 12-30-2011)

NAC 295.025 Individual documents limited to voters of single county and petition district; separate documents required for each petition district contained within county. (NRS 293.124, 293.247, 295.055)

1. Each document of a petition for initiative or referendum that proposes a constitutional amendment or statewide measure must bear the name of a county and petition district, and only registered voters of that county and petition district may sign the document.

2. If a county comprises more than one petition district, a petition for initiative or referendum that proposes a constitutional amendment or statewide measure must consist of a separate document for each petition district contained fully or partially within the county.

(Added to NAC by Sec’y of State by R092-09, eff. 10-27-2009; A by R111-11, 12-30-2011)

NAC 295.040 Disclosure of requirement for participation in constitutional convention. (NRS 293.124, 293.247) If passage of an initiative would require this State to participate in a constitutional convention called by the Congress of the United States, that fact must be stated on the first page of each document of the petition for the initiative in at least 12-point type when the petition is presented to registered voters for their signatures.

(Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

NAC 295.050 Request to remove person’s name from petition. (NRS 293.124, 293.247, 295.055) A person who requests the county clerk to remove the person’s name from a petition for initiative or referendum pursuant to subsection 4 of NRS 295.055 must submit the request in writing to the county clerk. The request:

1. Must contain the person’s original signature.

2. Must not be accepted by the county clerk if:

(a) The request is submitted to the county clerk by electronic mail;

(b) The county clerk is unable to determine the name of the person requesting the removal; or

(c) The original signature of the person on the request does not match the signature or a facsimile thereof on the person’s original application to register to vote.

(Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)