Laws governing local ballot measures in Nevada

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Nevada Constitution
Articles
Preliminary Action • Ordinance • Preamble • 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • XVIII • 19 • Election Ordinance

All Nevada local governments have a mandated initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Nevada. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Note that Nevada is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 16 counties, 19 cities, towns, and villages, and 135 special districts. Carson City operates as an independent city.

School districts

See also: School bond and tax elections in Nevada

School bond and tax elections in Nevada are held under three different circumstances:

• To issue new taxes to fund new construction or capital improvements of school facilities.
• If a county school district needs to exceed the fifteen percent debt limit mandated by Nevada revised statutes.
• At the statewide level over state level school funding in regards to the Nevada budget.

Local recall rules

Recall news
Recalls by state
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The citizens of Nevada are granted the authority to perform a recall election by Section 9 of Article II of the Nevada Constitution, which says:

"Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents."

For additional detail, see: Laws governing recall in Nevada

Initiative process availability

The local units of government in Nevada that make the initiative process available are:

• General law cities, all seven of which have a state-mandated initiative and referendum process for ordinances.
• Charter cities, all 12 of which have a state-mandated initiative and referendum process for charter amendments. All 12 charter cities also defer to the state law requirements for initiative for ordinances.
• General law counties, all 16 of which have a state-mandated initiative and referendum process for ordinances.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Nevada Constitution, Article 19, Section 4 mandates the powers of initiative and referendum to all cities and counties.

Article 19, Section 4:

“

The initiative and referendum powers provided for in this article are further reserved to the registered voters of each county and each municipality as to all local, special and municipal legislation of every kind in or for such county or municipality. In counties and municipalities initiative petitions may be instituted by a number of registered voters equal to 15 percent or more of the voters who voted at the last preceding general county or municipal election. Referendum petitions may be instituted by 10 percent or more of such voters.

”

Nevada Constitution, Article 8, Section 8 provides for charter creation and amendment by the electors.

Article 8, Section 8:

“

Municipal corporations formed under general laws.  The legislature shall provide for the organization of cities and towns by general laws and shall restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, except for procuring supplies of water; provided, however, that the legislature may, by general laws, in the manner and to the extent therein provided, permit and authorize the electors of any city or town to frame, adopt and amend a charter for its own government, or to amend any existing charter of such city or town.

”

Statutes

Nevada Revised Statutes 268.010 mandates charter amendment through initiative and referendum petitions.

See law: Nevada Revised Statutes 268.010

Nevada Revised Statutes sections 295.085 and 295.200 mandates the powers of initiative and referendum to all general law cities and counties. Process requirements are also found in Chapter 295.

“

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.

”

“

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.

”

See law: Nevada Revised Chapter 295

Initiative process features in general law cities

A guide to local ballot initiatives

The initiative and referendum process for general law cities is detailed in Nevada Revised Statutes 295.195-295.220.

Ordinance initiative process   Subject matter restrictions The petition is restricted to addressing a single subject. In addition, retirement funding for municipal public officials and employees is a part of Nevada’s statewide Public Employees' Retirement System. All municipalities are required to participate in the system and this system is not subject to reform by the municipalities. (NRS 295.009 and NRS 286.290) Petition text approval Any five registered voters of the city can file an affidavit with the full text of their initiative ordinance as the petitioner's committee with the city clerk who then consults with the council to determine if the initiative or referendum may have any anticipated financial effect on the local government. If it does, the council makes note of it and publishes the information. (NRS 295.205) Signatures required For initiatives: the signatures of 15% of the registered voters who voted in the “preceding general county or municipal election." This clause governing signature requirements was put under scrutiny because of a ballot initiative in Las Vegas, where the question is whether the signature requirement must be based on the last general city election or simply the last city election, including primaries and special elections. For referendums: the signatures of 10% of registered voters who voted in the “preceding general county or municipal election." (NRS 295.205) Circulation The petitioners then have 180 days after the date that the affidavit is filed with the city clerk for circulation or 130 days before the election, whichever is earlier. (NRS 295.205) Petition appearance and content All documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must 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 ordinance proposed or sought to be reconsidered. (NRS 295.205) Process for approval and scheduling/results of election Nevada has an indirect process for approving a petition. If the petition meets all requirements it is given to the city council to consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal. If, within 30 days of the clerk deeming the petition sufficient, the council fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the council must submit the ordinance to the voters of the city at the next general city election or general election. (NRS 295.215) The result of the election is determined by a simple majority of the votes cast. (NRS 295.220)

Initiative process features in charter cities

While charter cities may be able to alter some requirements of the initiative process for ordinances through home rule powers, all 12 defer to the general law provisions detailed above.

The initiative and referendum process for charter amendment in charter cities is detailed in Nevada Revised Statutes 268.010

Charter amendment initiative process   Subject matter restrictions There are no subject matter restrictions specified in the charter amendment clause. Petition text approval There is no approval process specified in the charter amendment clause. Signatures required 15% or more of the voters who voted at the “preceding general county or municipal election." This clause governing signature requirements was put under scrutiny because of a ballot initiative in Las Vegas, where the question was whether the signature requirement must be based on the last general city election or simply the last city election, including primaries and special elections. (Nev. Rev. Stat. 268.010) Circulation There is no circulation period specified in the charter amendment clause. Petition appearance and content The amendment petition "must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions." (Nev. Rev. Stat. 268.010). The circulator's affidavit is required (NRS 268.010, 295.205(7)) Process for approval and scheduling election The process for the petition's approval is direct. The amendment must be submitted at the next primary or general city election, or primary or general state election (Nev. Rev. Stat. 268.010)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Individual city provisions   Las Vegas Population as of the July, 2011 census update: 589,317 Las Vegas is a charter city and has initiative available for ordinances and charter amendments as detailed above. Henderson Population as of the July, 2011 census update: 260,068 Henderson is a charter city and has initiative available for ordinances and charter amendments as detailed above. Reno Population as of the July, 2011 census update: 227,511 Reno is a charter city and has initiative available for ordinances and charter amendments as detailed above. North Las Vegas Population as of the July, 2011 census update: 219,020 North Las Vegas is a charter city and has initiative available for ordinances and charter amendments as detailed above. Sparks Population as of the July, 2011 census update: 91,195 Sparks is a charter city and has initiative available for ordinances and charter amendments as detailed above. Carson City Population as of the July, 2011 census update: 55,439 Carson City is a charter city and has initiative available for ordinances and charter amendments as detailed above. Fenley Population as of the July, 2011 census update: 19,327 Fenley is a general law city and has initiative available for ordinances as detailed above. Elko Population as of the July, 2011 census update: 18,546 Elko is a charter city and has initiative available for ordinances and charter amendments as detailed above. Mesquite Population as of the July, 2011 census update: 15,423 Mesquite is a general law city and has initiative available for ordinances as detailed above. Boulder City Population as of the July, 2011 census update: 15,166 Boulder City is a charter city and has initiative available for ordinances and charter amendments as detailed above.

External links

• Research document of Nevada local I&R laws
• Nevada league of cities