[Rev. 11/21/2013 10:48:21 AM--2013]

CHAPTER 295 - CERTAIN STATE AND LOCAL BALLOT QUESTIONS

STATE INITIATIVE AND REFERENDUM

NRS 295.009           Requirements for petition: Must embrace one subject; must include description.

NRS 295.012           Requirements for petition: Number of voters proposing must be apportioned equally among petition districts and number of signatures required from each petition district must be equal.

NRS 295.015           Copy of petition to be filed with Secretary of State before presentation to voters for signatures and after any amendment; effect of amendment on petition; determination of fiscal effect; Legislative Counsel authorized to provide technical suggestions; posting on Secretary of State’s Internet website.

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           Regulations specifying format of petition; each document of petition limited to voters of single petition district; removal of name from petition.

NRS 295.056           Requirements for submission of signatures to county clerk.

NRS 295.0575         Petition may consist of more than one document; circulator’s affidavit.

NRS 295.0585         County clerk required to make copies of petition and signatures; copies to be made available to public.

NRS 295.061           Challenge to description of petition; challenge to legal sufficiency of petition.

COUNTY BALLOT QUESTIONS GENERALLY

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; determination of anticipated financial effect; 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; duties of committees; regulations; preparation of arguments by county clerk if board fails to appoint committee; review of arguments; placement of arguments in sample ballots.

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.

CITY BALLOT QUESTIONS GENERALLY

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; determination of anticipated financial effect; 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; duties of committees; regulations; preparation of arguments by city clerk if governing body fails to appoint committee; review of arguments; placement of arguments in sample ballots.

NRS 295.220           Results of election.

COUNTY AND CITY ADVISORY QUESTIONS

NRS 295.230           Submission of advisory questions by certain governmental entities; prerequisites to placement on ballot; description of anticipated financial effect; appearance on sample ballot; preparation of sample questions.

VERIFICATION OF PETITIONS FOR CERTAIN COUNTY AND CITY BALLOT QUESTIONS

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.

PROHIBITED ACTS

NRS 295.300           Giving compensation in exchange for signing petition for initiative or referendum prohibited.

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STATE INITIATIVE AND REFERENDUM

      NRS 295.009  Requirements for petition: Must embrace one subject; must include description.

      1.  Each petition for initiative or referendum must:

      (a) Embrace but one subject and matters necessarily connected therewith and pertaining thereto; and

      (b) Set forth, in not more than 200 words, a description of the effect of the initiative or referendum if the initiative or referendum is approved by the voters. The description must appear on each signature page of the petition.

      2.  For the purposes of paragraph (a) of subsection 1, a petition for initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, if the parts of the proposed initiative or referendum are functionally related and germane to each other in a way that provides sufficient notice of the general subject of, and of the interests likely to be affected by, the proposed initiative or referendum.

      (Added to NRS by 2005, 2837)

      NRS 295.012  Requirements for petition: Number of voters proposing must be apportioned equally among petition districts and number of signatures required from each petition district must be equal.  The number of registered voters required pursuant to Section 1 or 2 of Article 19 of the Nevada Constitution to propose a petition for initiative or referendum must be apportioned equally among the petition districts, and the number of signatures required from each petition district must be equal.

      (Added to NRS by 2007, 2743; A 2009, 2592; 2011, 1788, 3307)

      NRS 295.015  Copy of petition to be filed with Secretary of State before presentation to voters for signatures and after any amendment; effect of amendment on petition; determination of fiscal effect; Legislative Counsel authorized to provide technical suggestions; posting on Secretary of State’s Internet website.

      1.  Before a petition for initiative or referendum may be presented to the registered voters for their signatures, a copy of the petition for initiative or referendum, including the description required pursuant to NRS 295.009, must be placed on file with the Secretary of State.

      2.  If a petition for initiative or referendum or a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is amended after the petition is placed on file with the Secretary of State pursuant to subsection 1:

      (a) The revised petition must be placed on file with the Secretary of State before it is presented to the registered voters for their signatures;

      (b) Any signatures that were collected on the original petition before it was amended are not valid; and

      (c) The requirements for submission of the petition to each county clerk set forth in NRS 295.056 apply to the revised petition.

      3.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 or 2:

      (a) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.

      (b) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.

      4.  Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1 or 2, the Secretary of State shall post a copy of the petition, including the description required pursuant to NRS 295.009, any fiscal note prepared pursuant to subsection 3 and any suggestions made by the Legislative Counsel pursuant to subsection 3, on the Secretary of State’s Internet website.

      (Added to NRS by 1963, 1384; A 1981, 12; 1985, 1112; 2005, 2838; 2007, 1251, 2543)

      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 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.

      2.  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.

      3.  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?”

      4.  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.

      5.  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; 2005, 2838)

      NRS 295.055  Regulations specifying format of petition; each document of petition limited to voters of single petition district; 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. The regulations must ensure that the format includes, without limitation, that:

             (1) In addition to signing the petition, a person who signs a petition:

                   (I) Shall print the person’s given name followed by the person’s surname on the petition before the person’s signature; and

                   (II) Must indicate the petition district in which the person resides, if known.

             (2) Each signature must be dated.

      (b) The manner of fastening together several sheets circulated by one person to constitute a single document.

      2.  The registered voter may consult the list of the registered voters in this State posted on the website maintained by the Secretary of State pursuant to subsection 1 of NRS 293.4687 to determine the petition district in which the registered voter resides. The registered voter may rely on the information contained in the list when the registered voter indicates the appropriate petition district, unless the registered voter believes that the information is inaccurate.

      3.  Each document of the petition must bear the name of a petition district, and only registered voters of that petition district may sign the document.

      4.  A person who signs a petition may request that the county clerk remove the person’s name from the petition by transmitting a 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; 2007, 326; 2009, 2592; 2011, 1788)

      NRS 295.056  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 the clerk’s 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 June of an even-numbered year.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time. If documents concerning the same petition are submitted for verification to more than one county clerk, the documents must be submitted to each county clerk on the same day. At the time that the petition is submitted to a county clerk for verification, the petitioners may designate a contact person who is authorized by the petitioners to address questions or issues relating to the petition.

      (Added to NRS by 1983, 923; A 1985, 551, 1113; 1991, 2226; 1993, 2669; 1999, 3560; 2007, 326, 1186; 2011, 1789)

      NRS 295.0575  Petition may consist of more than one document; circulator’s affidavit.  A petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum may consist of more than one document. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      1.  That the circulator personally circulated the document.

      2.  The contact information of the circulator, including, without limitation, the street address of the residence where the circulator actually resides, unless a street address has not been assigned. If a street address has not been assigned, the document must contain the mailing address of the circulator.

      3.  That the circulator is 18 years of age or older.

      4.  The number of signatures thereon.

      5.  That all the signatures were affixed in the circulator’s presence.

      6.  That each signer had an opportunity before signing to read the full text of the act or resolution on which the initiative or referendum is demanded.

      (Added to NRS by 2007, 2543; A 2011, 1789, 3307)

      NRS 295.0585  County clerk required to make copies of petition and signatures; copies to be made available to public.  After a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum is submitted for signature verification to the county clerk, the county clerk shall make true and correct copies of all the documents of the petition and signatures thereon and shall make such copies and signatures available to the public for a period of not less than 14 days.

      (Added to NRS by 2007, 2542)

      NRS 295.061  Challenge to description of petition; challenge to legal sufficiency of petition.

      1.  Except as otherwise provided in subsection 3, whether an initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, and the description of the effect of an initiative or referendum required pursuant to NRS 295.009, may be challenged by filing a complaint in the First Judicial District Court not later than 15 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is placed on file with the Secretary of State pursuant to NRS 295.015. 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 15 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.

      2.  The legal sufficiency of a petition for initiative or referendum may be challenged by filing a complaint in district court not later than 7 days, Saturdays, Sundays and holidays excluded, after the petition is certified as sufficient by 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 15 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.

      3.  If a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is challenged successfully pursuant to subsection 1 and such description is amended in compliance with the order of the court, the amended description may not be challenged.

      (Added to NRS by 1999, 3560; A 2005, 2839; 2007, 326, 1251; 2011, 3074)

COUNTY BALLOT QUESTIONS GENERALLY

      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, adopt or reject it at a general election.

      2.  Require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, approve or reject it at a general election.

      (Added to NRS by 1967, 380; A 1993, 1032; 2005, 2839)

      NRS 295.095  Commencement of proceedings: Petitioners’ committee; form and requirements of petition; determination of anticipated financial effect; 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.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the county clerk shall consult with the board to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the board determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the board must prepare a description of the anticipated financial effect and the county clerk shall post a copy of this information on the county clerk’s Internet website, if the county clerk maintains one.

      5.  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,

Ę whichever is earlier.

      6.  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, be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which the person signed the petition. All signatures on a petition must be obtained within the period specified in subsection 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      7.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That the circulator personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in the circulator’s presence; and

      (d) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      8.  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; 2007, 327, 2543)

      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 or her 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. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 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. 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; 2005, 2839)

      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 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; 2005, 2840)

      NRS 295.121  Appointment of committees to prepare arguments advocating and opposing approval of ballot questions; duties of committees; regulations; preparation of arguments by county clerk if board fails to appoint committee; review of arguments; placement of arguments in sample ballots.

      1.  For each initiative, referendum, advisory question or other question to be placed on the ballot by:

      (a) The board, including, without limitation, pursuant to NRS 295.115, 295.160 or 295.230;

      (b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or

      (c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,

Ę the board shall, in consultation with the county clerk pursuant to subsection 5, 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 5, 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.  The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  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.

      6.  If the board fails to appoint a committee as required pursuant to this section, the county clerk shall, in consultation with the district attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the county clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the county clerk pursuant to subsection 8. The county clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chair 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 prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose 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;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The anticipated financial effect of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 8.

      8.  The county clerk 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.

      9.  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 the county clerk believes is libelous or factually inaccurate.

Ę The decision of the county clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 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.

      10.  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 9. 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.

      11.  Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) or (c) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection 3 of NRS 293.481.

      12.  The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.

      (Added to NRS by 1999, 2118; A 2001, 645, 1974; 2003, 1662, 1693, 3199, 3513; 2005, 2840; 2007, 1142; 2011, 1208; 2013, 650)

      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 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, be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which the person 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 the circulator personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in the circulator’s presence;

      (d) That the circulator 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. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 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. 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; 2005, 2842; 2007, 328)

      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 or her 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 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; 2005, 2843)

      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)

CITY BALLOT QUESTIONS GENERALLY

      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 general city election 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 general city election or general election.

      (Added to NRS by 1967, 378; A 1987, 364; 1993, 1033; 2005, 2844)

      NRS 295.205  Commencement of proceedings: Petitioners’ committee; form and requirements of petition; determination of anticipated financial effect; 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.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the city clerk shall consult with the council to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the council determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the council must prepare a description of the anticipated financial effect and the city clerk shall post a copy of this information on the city clerk’s Internet website, if the city clerk maintains one.

      5.  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,

Ę whichever is earlier.

      6.  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, be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which the person signed the petition. All signatures on a petition must be obtained within the period specified in subsection 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      7.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That the circulator personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in the circulator’s presence;

      (d) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      8.  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; 2007, 329, 2544)

      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 the city clerk’s 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. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 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. 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; 2005, 2844)

      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 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)

      NRS 295.217  Appointment of committees to prepare arguments advocating and opposing approval of ballot questions; duties of committees; regulations; preparation of arguments by city clerk if governing body fails to appoint committee; review of arguments; placement of arguments in sample ballots.

      1.  For each initiative, referendum, advisory question or other question to be placed on the ballot by the:

      (a) Council, including, without limitation, pursuant to NRS 295.215 or 295.230; or

      (b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,

Ę the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, 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 5, 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.  The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  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.

      6.  If the council fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chair 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 prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose 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;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The anticipated financial effect of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.

      8.  The city clerk 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.

      9.  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 the city clerk believes is libelous or factually inaccurate.

Ę The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 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.

      10.  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 9. 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.

      11.  If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 3 of NRS 293.481.

      (Added to NRS by 1999, 2119; A 2001, 647, 1976; 2003, 1695, 3201; 2005, 2845; 2007, 1144, 2545; 2011, 1210; 2013, 652)

      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)

COUNTY AND CITY ADVISORY QUESTIONS

      NRS 295.230  Submission of advisory questions by certain governmental entities; prerequisites to placement on ballot; description of anticipated financial effect; appearance on sample ballot; preparation of sample questions.

      1.  The governing body of a county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration. No other political subdivision, public or quasi-public corporation, or other local agency may ask the advice of the registered voters within its jurisdiction on any question which it has under consideration.

      2.  To place an advisory question on the ballot at a general election or general city election, the governing body of a county or city must:

      (a) Adopt a resolution that:

             (1) Sets forth:

                   (I) The question, in language indicating clearly that the question is advisory only.

                   (II) An explanation of the question that is written in easily understood language and includes a digest. The digest must include a concise and clear summary of any existing laws related to the measure proposed by the question and a summary of how the measure proposed by the question adds to, changes or repeals such existing laws. For a measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the measure creates, generates, increases or decreases, as applicable, public revenue.

                   (III) A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared by the governing body in accordance with subsection 4.

             (2) States that the result of the voting on the question does not place any legal requirement on the governing body, any member of the governing body or any officer of the political subdivision.

      (b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.

      3.  A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:

      (a) The advisory question to be submitted affects only that part of its territory; and

      (b) The resolution adopted pursuant to subsection 2 sets forth the boundaries of the area in which the advice of the registered voters will be asked.

      4.  With respect to a description of the anticipated financial effect that is required in connection with an advisory question:

      (a) If, in the advisory question, the governing body seeks advice on whether bonds should be issued, the description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for issuance of the applicable type of bond.

      (b) If, in the advisory question, the governing body seeks advice on whether a limitation upon revenue from taxes ad valorem should be exceeded, the description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for exceeding that limitation.

      (c) If, in the advisory question, the governing body seeks advice on whether a tax other than a property tax described in paragraph (b) should be levied, the description must:

             (1) Identify the average annual cost that is expected to be incurred by the affected taxpayers if the tax were to be levied;

             (2) Specify the period over which the tax is proposed to be levied;

             (3) Disclose whether, in connection with the levy of the tax, revenue bonds are to be sold which will be backed by the full faith and credit of the assessed value of the applicable local government; and

             (4) If applicable, specify whether, in connection with or following the levy of the tax, additional expenses are expected to be incurred to pay for the operation or maintenance of any program or service to be provided from the proceeds of the tax or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the tax.

      (d) If, in the advisory question, the governing body seeks advice on whether a fee should be imposed, the description must:

             (1) Identify the average annual cost that is expected to be incurred by the affected users if the fee were to be imposed;

             (2) Specify the period over which the fee is proposed to be imposed; and

             (3) If applicable, specify whether, in connection with or following the imposition of the fee, additional expenses are expected to be incurred to pay for the program or service to be provided from the proceeds of the fee or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the fee.

      (e) If, in the advisory question, the governing body seeks advice on whether the applicable local government should incur an expense, the description must:

             (1) Identify the source of revenue that will be used to pay the expense;

             (2) Disclose whether it is expected that the incurring of the expense will require the levy or imposition of a new tax or fee or the increase of an existing tax or fee; and

             (3) If a tax or fee is proposed to be levied or imposed or increased to pay the expense, contain the information required pursuant to paragraph (c) or (d), as applicable.

      5.  On the sample ballot for the general election or general city election, each advisory question must appear:

      (a) With a title in substantially the following form: “Advisory Ballot Question No. ....”; and

      (b) With its explanation, arguments and description of the anticipated financial effect.

      6.  The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which descriptions of the anticipated financial effect should be prepared.

      (Added to NRS by 1979, 701; A 1987, 354; 1993, 2190; 1999, 2117; 2003, 3195; 2007, 2528; 2013, 645)—(Substituted in revision for NRS 293.482)

VERIFICATION OF PETITIONS FOR CERTAIN COUNTY AND CITY BALLOT QUESTIONS

      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 or she 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 or her office or facsimiles of the signatures of voters. If the county or city clerk uses the file of applications to register to vote, he or she shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into his or her 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 the 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)

PROHIBITED ACTS

      NRS 295.300  Giving compensation in exchange for signing petition for initiative or referendum prohibited.  A person shall not give compensation of any kind to any person in exchange for signing a petition for initiative or referendum.

      (Added to NRS by 2007, 2543)