Nevada Initiative and Referendum Law
From Ballotpedia
Citizens of Nevada can use the initiative process to:
- Directly enact a constitutional amendment. Alone among the I&R states, voters must approve the proposed amendment twice, in each of two successive elections, before it becomes law.[1]
- Indirectly propose a new state law. This right can be used to propose an altogether new law, or to propose a change to an existing state law.
- Alone among the I&R states, Nevada has a process known as a statute affirmation.
- Through veto referendum, nullify a law enacted by the Nevada State Legislature.
Contents |
How to begin the process
Basic Procedures:
Prior to circulating a petition for signatures, a copy of the petition must be filed with the Nevada Secretary of State. The Secretary of State reviews the petition for acceptable format – but does not review or approve the legality of the language contained on the petition. Proponents are advised to obtain their own legal counsel to review the measure’s language and content.
When the measure qualifies for the ballot, the Secretary of State writes the Ballot Summary and Ballot Question; and the Attorney General reviews and comments on both. While writing them, the Secretary of State holds public gatherings to obtain input from proponents, opponents and the general public. There is no official process for challenging the Secretary of State’s Title and Summary, other then challenging them in court.
Details and regulations
Dates and deadlines
Date Initiative language can be submitted to state for November ballot
In 2008, for a constitutional amendment, the earliest that the Secretary of State will accept ballot language is September 1, 2007.
Circulation period
10 months for statutes, 11 months for constitutional amendments.
Date when signatures are due for certification:
For a constitutional amendment to appear on the November 2008 ballot, the signatures must be submitted no later than May 20, 2008. (See petition drive deadlines in 2008.) The deadline for statutes for 2008 has passed, as it was 90 days prior to the convening of the legislature.
Signature requirements
Signatures are tied to vote of which office
Total votes cast for statewide offices in the last general election.
Votes cast in last general election
- 586,274[2]
Net number of signatures required
For statutes and amendments, 10% of the total votes cast at the last general election. (58,628 signatures.) If the measure is a statute and enough valid signatures have been gathered, the Secretary of State transmits the petition to the legislature as soon as the legislature convenes. The legislature has 40 days to enact or reject it. If the proposed statute is enacted by the legislature and approved by the Governor, it shall become law. If rejected, the Secretary of State submits the question of approval or disapproval of the statute to a vote at the next general election. If the measure is an amendment and enough valid signatures have been gathered, the Secretary of State submits the question of approval or disapproval the amendment to a vote at the next general election.
Distribution Requirement:
Nevada has a distribution requirement: 10% of total number of votes cast in the last general election in at least 13 out of the 17 counties.
Signature verification process: Random sampling.
See also
Additional regulations and details
Do circulators have to be residents:
Yes, Nevada has a residency requirement.
Single-subject restriction:
Nevada has a single-subject rule.
Legislative tampering:
The legislature can only repeal or amend after three years of enactment.
General Comments
Nevada requires that constitutional amendments adopted by initiative be voted on twice by the people before it can become law. The Nevada Constitution does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the constitution, or otherwise constitutionally provides for raising the necessary revenue.
External links
- State of Nevada Initiative & Referendum Guide for 2008 PDF file, 59 pages.
- Chapter 295 of the Nevada Constitution
- Nevada Constitution and Statutory Provisions, provided by the Initiative & Referendum Institute.
References
- ↑ Political History of Nevada: Questions on the Ballot by Robert Erickson, Research Director, Legislative Counsel Bureau, July 11, 2003
- ↑ [*Election Results Statewide election results 2006 from the Nevada Secretary of State
