Procedures for qualifying an initiative in Nevada

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Citizens of Nevada can use the initiative process to:

• Directly enact a constitutional amendment

Nevada is the only I&R state to require voters to approve a proposed amendment twice, requiring voter approval in two successive elections before the amendment becomes law.^[1]

• Indirectly propose a new state law

This right can be used to propose a new law or to propose a change to an existing state law.

• Nullify a law enacted by the Nevada State Legislature through veto referendum

OR

• Affirm a state law so it can only be amended and repealed by a vote of the people through statute affirmation

If the petition is sufficient, the state law at issue will be submitted to voters on the next general election ballot. If the state law is disapproved, it becomes void.

If the state law is approved—unlike with traditional veto referendum where the state law would simply remain in force—Nevada law, unique among the I & R states, provides that the law shall not be amended, annulled, repealed, set aside, suspended, or in any way made inoperative except by the direct vote of the people.^[2]

How to begin the process

Prior to circulating a petition for signatures, a copy of the petition and a short description (200 words or less) 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 language contained on the petition. Proponents are advised to seek their own legal advice regarding the measure’s language and content. Opponents of the measure can file court challenges if they feel the measure's language has legal problems.

Subject restrictions

Single-subject rule

Nevada has a single-subject rule, which requires that an initiative deal with "only a single subject and matters necessarily connected therewith and pertaining thereto."^[3] This rule applies to all county and municipal initiatives as well.

Appropriations of money

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 the statute or amendment also imposes a sufficient tax not prohibited by the constitution or otherwise constitutionally provides for raising the necessary revenue.

Deadlines

Constitutional Amendments: The first day the Secretary of State will accept filings for constitutional amendments for the 2008 ballot is September 1, 2007. Petition signatures must be filed for verification with each County Clerk/Registrar no later than May 20, 2008. All petitions for the measure must be submitted on the same day.

Statutory Initiatives: The first day the Secretary of State will accept filings for 2008 statutory initiatives is January 1, 2008. Petition signatures must be filed for verification with each County Clerk/Registrar no later than November 11, 2008. All petitions for the measure must be submitted on the same day.

Veto Referenda: The first day the Secretary of State will accept filings for veto referenda for the 2008 ballot is August 1, 2007. Petition signatures must be filed for verification with each County Clerk/Registrar no later than May 20, 2008. All petitions for the measure must be submitted on the same day. Statute affirmation follows the same process as a veto referendum, but proponents are seeking a "yes" vote rather than the "no" vote sought by proponents of a traditional veto referendum.

Signature requirements

The number of valid signatures required for a successful petition effort is equal to 10% of the total number of state voters who voted in the preceding general election in not less than 13 of Nevada's 17 counties, but the total number of signatures must be equal to 10% or more of the voters who voted in the entire state at the preceding general election. For 2008 initiative petitions, the requirement is 58,628 valid signatures.

Residency

People circulating petitions in Nevada are not required to be Nevada residents or registered voters.

Distribution Requirement

Nevada has a distribution requirement: 10% of total number of votes cast in the preceding general election in at least 13 of Nevada's 17 counties. The number of signatures required for each county in included in the Nevada 2008 Initiative & Referendum Guide (PDF).

Signature verification process

Nevada uses a random sampling system for verification. If more than 500 signatures have been submitted, the County Clerk/Registrar will randomly sample 500 or five percent of the signatures, whichever is greater.

See also

• Nevada signature requirements
• Laws governing the initiative process in Nevada

After petitions are verified

Once a measure qualifies for the ballot, the Secretary of State writes the Ballot Summary and Ballot Question after holding public gatherings to obtain input from proponents, opponents, and the general public. The Attorney General reviews and comments on both. There is no official process for challenging the Secretary of State’s Title and Summary, other then challenging them in court.

Constitutional Amendments: If the petition is sufficient, the initiative is placed on the 2008 general election ballot. If the voters approve the amendment, the Secretary of State will resubmit the question for a vote of the people at the 2010 general election. The language, description, arguments, and question number must be the same on both ballots. If the question passes the second time, it becomes part of the Nevada Constitution upon certification of the election results. If the question fails to pass a second time, no further action is taken.

Statutory Initiatives: If the petition is sufficient, the Secretary of State transmits the petition to the 2009 legislative session when it convenes. The petition must be enacted or rejected by the legislature without change within 40 days.

• If the petition is enacted by the legislature and approved by the Governor, it becomes law.
• If the legislature does not act upon or rejects the petition within 40 days, the Secretary of State shall place the measure on next general election ballot for the voters to decide.
• If the Legislature rejects a petition and proposes a different measure on the same subject, which the Governor approves, the measure proposed by the Legislature and approved by the Governor must also be listed on the ballot along with the original statutory intitative. If both the initiative and the legislative substitute are approved by the voters, the one receiving the highest number of affirmative votes becomes law.

Veto Referenda: If the petition is sufficient, it will be submitted to voters on the 2008 general election ballot. If the state law at issue is approved, it remains the law of the state and shall not be amended, annulled, repealed, set aside, suspended, or in any way made inoperative except by the direct vote of the people. (This is the process known as statute affirmation.) If the state law is disapproved, it becomes void.

County and municipal requirements

For county and municipal initiatives, any five registered voters of the county or city may file an affidavit with the Clerk establishing a petitioner's committee, making them responsible for circulating the petition and filing it in the proper form. The affidavit must also contain the full text of the proposed initiative ordinance or cite the ordinance sought to be reconsidered, along with a 200 word or less description of the effect of the petition.

Initiative petitions must be signed by a number of registered voters equal to at least 15% of the voter turnout at the preceding general county election or city election. Referendum petitions must be signed by a number of registered voters equal to at least 10% of the voter turnout at the preceding general county election or city election.

Initiative and referendum petitions must be submitted to the respective clerks for verification no later than 180 days after the date the affidavit was filed or 130 days before the election, whichever is earlier.

For more details about specific requirements in a particular county or city, contact the appropriate county or city clerk.

External links

• Nevada 2008 Initiative & Referendum Guide (PDF)
• Chapter 295 of the Nevada Constitution
• Nevada Constitution and Statutory Provisions, provided by the Initiative & Referendum Institute.

References

1. ↑ Political History of Nevada: Questions on the Ballot by Robert Erickson, Research Director, Legislative Counsel Bureau, July 11, 2003
2. ↑ Nevada Political History: Questions on the Ballot
3. ↑ Nevada Initiative & Referendum Guide