Laws governing the initiative process in Nevada

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Citizens of Nevada may initiate statutes through the process of indirect initiative and constitutional amendments through the process of direct initiative. Once sufficient signatures have been collected, statutory initiatives are first presented to the Nevada State Legislature. If approved by the legislature and signed by the Governor, the proposed statute becomes law. If not, the law is submitted to voters at the next general election. However, upon the Governor's recommendation (and approval), the legislature may propose an alternative statute to voters. Proposed amendments proceed directly to a vote of the people, but must be approved at two consecutive elections.

In Nevada, citizens also have the power to refer laws to a vote of the people. If the law is rejected, then it is repealed. If it is affirmed, then the law remains in effect and cannot be repealed without a popular vote. The Nevada State Legislature may also place measures on the ballot as legislatively referred constitutional amendments by a majority vote in two consecutive regular sessions--these only require approval in one election.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Nevada, each proposed measure must address only one subject. Such laws are also known as single-subject rules. The Nevada Revised Statutes further clarify the requirement by stating:

"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."

See law: Nevada Revised Statutes, Chapter 295, Section 009

Subject restrictions

See also: Subject restrictions (ballot measures)

In Nevada, an initiated measure may not make appropriations or require expenditures unless it also establishes a tax sufficient to cover the expense.

See law: Nevada Constitution, Article 19, Section 6

Veto referendums on emergency legislation

In Nevada, veto referendums can be used on emergency legislation. Signatures are due 120 days before the next general election.

See law: Nevada Constitution, Article 19 and NRS 295.012

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Nevada ballot measures

Nevada law provides that in the event that two conflicting measures are approved, the measure with the most affirmative votes takes effect. The other measure does take effect. If two measures tie, neither measure takes effect.

In Nevada, legislatively referred constitutional amendments must be approved by two separate Legislatures (before an election and afterward) in order to be placed on the ballot. If a conflicting amendment is passed at the intervening election, the proposed amendment will not be submitted to voters (unless it is re-proposed and twice-approved). If a compatible amendment affecting the same section is approved, the proposed amendment may be submitted.

See law: Nevada Constitution, Article 19, Section 2 (6-5) and Article 16, Section 1 (2-3)

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, proponents must file a draft of the petition with the secretary of state, including the text of the measure and a brief summary of the effect of the measure.

• An example of an initial petition filing can be found here.

See law: Nevada Constitution, Article 19, Section 2 (6) ; Nevada Revised Statutes, Chapter 295, Section 015 and Section 009

Proposal review/approval

See also: Approved for circulation

The Legislative Counsel reviews the petition and suggests technical changes.

See law: Nevada Revised Statutes, Chapter 295, Section 015

Fiscal review

See also: Fiscal impact statement

The Fiscal Analysis Division analyzes the proposed measure to gauge its impact on state and local budgets. If this determination can be made, a fiscal note is drafted explaining this impact. Both the suggested revisions, the fiscal note, and the petition itself are then published on the secretary of state's website.

See law: Nevada Revised Statutes, Chapter 295, Section 015

Petition form

Petitioners submit a proposed petition form to the Nevada secretary of state, including the text of the measure and a brief summary of the effect of the measure. Technical corrections to the form can be suggested by state officials. The petition must provide for signers to:

• Affix their signatures;
• Print their names;
• Note the congressional district in which they reside, if known; and
• Write the date on which they signed.

Each petition document must denote the congressional district in which it was circulated. Only registered voters that reside in that specified congressional distinct can sign that particular signature petition sheet.

See law: Nevada Revised Statutes, Chapter 295, Section 055

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Nevada signature requirements

In Nevada, the number of signatures needed to place a measure on the ballot is equal to 10 percent on the total number of votes cast in the preceding general election. Nevada requires the same percentage of signatures for initiated constitutional amendments, indirect initiated state statutes, veto referendums, and statute affirmations. Signatures for indirect initiatives are due two years before the election in which the measures would appear, meaning the signature requirement for indirect initiatives is different from other types of citizen-initiated measures for a given election year.

The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year.

Year	Amendment	Statute	Veto referendum	Statute affirmation
2024	102,362	135,561	102,362	102,362
2022	135,561	97,598	135,561	135,561
2020	97,598	112,543	97,598	97,598
2018	112,543	55,234	112,543	112,543
2016	55,234	101,667	55,234	55,234
2014	101,667	72,352	101,667	101,667
2012	72,352	97,002	72,352	72,352
2010	97,002	58,628	97,002	97,002
2008	58,628	83,184	58,628	58,628
2006	83,184	51,337	83,184	83,184

See law: Nevada Constitution, Article 19, Sections 2 & 3

Distribution requirements

See also: Distribution requirements

Under Nevada's distribution requirement, proponents must collect signatures equal to 10 percent of the total votes cast in the last general election, distributed evenly throughout all of the state's congressional districts. To determine the signature requirements in each congressional district, the Nevada secretary of state calculates the number of voters that cast a vote in the state's last general election. He/she then divides that number by the number of congressional districts. The resulting figure, rounded up to the nearest whole number, is the number of signatures that must be collected in each of the state's four congressional districts.

Nevada's distribution rule developed in response to several legal challenges.

History

In 2006, the Ninth Circuit Court of Appeals ruled that the state's prior "13 counties rule" was unconstitutional in ACLU v. Lomax. The rule required that initiative petitions be signed by a number of registered voters equal to 10 percent of the total votes cast in the preceding general election in each of 13 of Nevada's 17 counties. The court found that it was unconstitutional because it diluted the preferences of residents in densely populated counties and augmented the power of a signature in rural and sparsely populated counties.

In 2007, the Nevada State Legislature passed Nevada Senate Bill 549. SB 549 tweaked the previous distribution requirement by requiring signatures from all of the state's 17 counties. The law implemented a formula to adjust the county requirement for county populations, but the formula only compensated for differences in the percentage of the population which voted--not for differences in population density or other factors. The American Civil Liberties Union challenged the new law in February of 2008 and succeeded in having the US District Court for Nevada overturn it in Marijuana Policy Project v. Miller.

In 2009, the Nevada State Legislature passed Senate Bill 212. The law created the existing requirement, but gave it a sunset date of July 1, 2011. SB 212 required the Legislature to establish petition districts for use after that date. On July 13, 2011, the Governor of Nevada, Brian Sandoval (R), signed Senate Bill 133, which retained congressional districts as the basis of the distribution requirement.

See law: Nevada Revised Statutes, Chapter 295, Section 069 ; Nevada Senate Bill 549 ; Nevada Senate Bill 212 and Nevada Senate Bill 133

Restrictions on circulators

Circulator requirements

See also: Petition circulator

In Nevada, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The affidavits must contain a statement that the circulator is at least 18 years of age and the circulator's address. The circulator is required to sign these affidavits before a public notary. He/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. According to Nevada Statutes 295.0575, those circulating petitions are required:

• to be at least 18 years of age

Once circulation is completed, the signatures are submitted to each county clerk for verification of the documents which were circulated for signatures within each clerk’s county. All documents which are submitted to a county clerk must be submitted at the same time. If documents concerning the same petition are submitted to more than one county clerk, the documents must be submitted to each clerk on the same day.

See law: Nevada Statutes 295.0575 and Nevada Statutes 295.056

Pay-per-signature

See also: Pay-per-signature

Nevada allows paying signature gatherers based on the number of signatures collected.

See law: Nevada Revised Statutes, Chapter 295

Out-of-state circulators

See also: Residency requirements for petition circulators

Nevada does not require that petition circulators reside in the state.

Prior to the Supreme Court's ruling in a Colorado case, Buckley v. American Constitutional Law Foundation, the Nevada Constitution was interpreted to require that signature gatherers be registered voters. The interpretation was based on the fact that both circulators, who sign the petition sheets as a witness, and those signing the petition to qualify the proposed law are referred to as "signers," and those signing the petition to put the law on the ballot must be registered voters. However, following the decision, the Nevada attorney general released an opinion, maintaining that the longstanding interpretation was not only a tenuous reading of the state constitution but also untenable in light of Buckley. This revised interpretation is still in effect.

See law: Nevada Revised Statutes, Chapter 295 ; Nevada Constitution, Article 19, Section 3 (1) and Nevada Attorney General Opinion 99-37

Badge requirements

See also: Badge requirements

Nevada law does not require a circulator's paid/volunteer status to be disclosed.

See law: Nevada Revised Statutes, Chapter 295

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Nevada law does mandate that signatures be collected in person.

See law: Nevada Revised Statutes, Chapter 295, Section 0575

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

In Nevada, initiated statutes, initiated amendments, and referendums/affirmations each have different deadlines and circulation periods. Although the state constitution provides dates for filing the completed petition with the secretary of state, the relevant date for proponents is the date that petitions are due with county election officials. County officials forward the certified petitions to the secretary.

Statutes:

• The initial filing cannot be made before January 1 of the year preceding the next regular legislative session.
• The petition must be filed with county officials by the second Tuesday in November of an even-numbered year.
• The final filing must be made at least 30 days prior to the next regular session of the Legislature.

Amendments:

• The initial filing cannot be made before September 1 of the year preceding the election year.
• The petition must be filed with county officials by the third Tuesday in June of an even-numbered year.
• The final filing must be made at least 90 days before the next regular general election.

Referendums/Affirmations

• The initial filing cannot be made before August 1 of the year preceding the election year.
• The petition must be filed with county officials by the third Tuesday in June of an even-numbered year.
• The final filing must be made at least 120 days before the next general election.

See law: Nevada Constitution, Article 19, Sections 1-2 and Nevada Revised Statutes, Chapter 295, Section 056 and Chapter 293, Section 1276

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Once signatures have been collected, they must be submitted to their respective county clerk for verification. The clerks take a preliminary count of the signatures and forward the figure to the secretary of state. If the Nevada secretary of state finds that the total number of raw signatures from all counties exceeds the state's signature requirement, the clerks proceed to verify the signatures. If not, the petition verification process is abandoned.

If the total number of signatures submitted to any given county clerk is greater than 500, a random sampling is used for verification. Either 5 percent or 500 of the signatures, whichever is greater, must be sampled. Once this process is complete, the certified results are forwarded to the Nevada secretary of state, who again totals the figures. If the sum of certified signatures is less than 90 percent of the total requirement, the petition is deemed insufficient and the measure does not qualify for the ballot. If it is greater than 100 percent of the requirement, the measure qualifies. If the total is between 90 percent and 100 percent of the requirement, then the signatures are checked individually, with the process stopped if and when the requirement is reached.

See law: Nevada Revised Statutes, Chapter 293, Sections 1276-1279

Requirements for valid signatures

For a signature to be valid and to be counted towards the total requirement, each signer must:

• Affix his or her signature;
• Print his or her name;
• Note the congressional district in which he or she resides, if known; and
• Write the date on which he or she signed the petition.

Moreover, each petition document must denote the congressional district in which it was circulated. Only registered voters that reside in that specified congressional distinct can sign that particular signature petition sheet.

See law: Nevada Revised Statutes, Chapter 295, Section 055

Ballot title and summary

See also: Ballot title

In addition to the fiscal impact statement drafted earlier by the Fiscal Analysis Division, each measure is also given a concise condensation, a more extended explanation, and arguments for and against. The condensation and explanation are written by the secretary of state in consultation with the attorney general. Special committees of supporters and opponents are formed to draft the arguments.

Moreover the ballot summary provided for each measure must provide a concise and clear summary of any existing laws directly related to the proposed measure and a summary of how the measure adds to, changes or repeals such existing laws.

• An example of these ballot statements can be found here.

See law: Nevada Revised Statutes, Chapter 293, Sections 250-252

Withdrawal

In Nevada, the designated initiative campaign representatives can withdraw an initiative up to 90 days before an election.

See law: Nevada Revised Statutes, Chapter 295, Section 26

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

In Nevada, each ballot measure requires a simple majority of the votes cast for or against the measure. However, initiated constitutional amendments must be approved at two consecutive elections. This does not apply to legislatively referred constitutional amendments, which must be approved twice by the legislature (with a majority vote) but only once by the state's voters.

See law: Nevada Constitution, Article 19, Section 2 (4) and Article 16, Section 1 (2-3)

Effective date

Ballot measures take effect when the Nevada Supreme Court completes its canvass of the votes. The Court meets to canvass the vote on the fourth Tuesday in November.

See law: Nevada Constitution, Article 19, Section 2 (3-4) and Nevada Revised Statutes, Chapter 293, Section 395

Litigation

See also: Ballot measure lawsuit news

Challenges to the petition summary or the constitutionality of a measure with respect to Nevada's subject restrictions should be filed in the state's First Judicial District Court. In addition, the decision of the secretary of state to reject a ballot argument may be challenged by the argument committee in the First District Court. Any challenge of the signature count should be filed in Nevada District Court.

See law: Nevada Revised Statutes, Chapter 295, Section 061 and Chapter 293, Section 252

Legislative alteration

See also: Legislative alteration

For three years after an initiated statute is approved, it may not be "amended, annulled, repealed, set aside or suspended" by the Nevada State Legislature. Changes to initiated amendments must follow the ordinary legislative process, which consists of majority votes in two consecutive regular legislative sessions and majority approval at a statewide election. Statutes affirmed according to a veto referendum process and election may not be repealed or amended without a vote of the people.

See law: Nevada Constitution, Article 19, Sections 1 and 2

Re-attempting an initiative

Nevada does not limit how soon an initiative can be re-attempted.

See law: Nevada Constitution, Article 19, Sections 1-6 and Nevada Revised Statutes, Chapter 295

Funding an initiative campaign

See also: Campaign finance requirements for Nevada ballot measures

The features of Nevada's campaign finance laws include:

• According to Senate Bill 82, approved in 2011, groups in support of or opposition to a ballot measure are not treated differently than Political Action Committees. Prior to Senate Bill 82, such groups were treated differently.
• Groups must report money spent towards paid signature circulators.
• Groups must have an official representative designated when conducting business with the Nevada secretary of state.
• Groups must report any person who has contributed $1,000 or more during the campaign to the Nevada secretary of state.

State initiative law

Article 19 of the Nevada Constitution addresses initiatives.

• Article 19, Nevada Constitution

Chapter 295 of the Nevada Revised Statutes governs initiatives.

• Nevada Revised Statutes, Chapter 295

External links

• Nevada Secretary of State office, "Initiative and Referendum Guide for 2012," accessed April 2015

Changes in the law

The following laws have been proposed that modify ballot measure law in Nevada. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2022

See also: Changes in 2022 to laws governing ballot measures

Cegavske v. Hollowood et al. See also: Nevada Supreme Court, Cegavske v. Hollowood et al., June 28, 2022 On June 28, 2022, the Nevada Supreme Court ruled that sponsors of certified statewide ballot initiatives could have their initiatives withdrawn. In 2021, the Legislature passed a bill allowing initiative sponsors to withdraw measures after having signatures verified up to 90 days before the election. Justice Lidia Stiglich wrote, "Article 19 of the Nevada Constitution sets out the initiative petition process, does not specifically bar withdrawal of an initiative petition, and permits the Legislature to enact statutes facilitating the initiative-petition process." In 2021, the Clark County Education Association sponsored two initiatives—a sales tax initiative and a gaming tax initiative—that qualified for the ballot following signature drives. However, following negotiations with the legislature, the sponsors reached a compromise and agreed to withdraw the initiatives. Secretary of State Barbara Cegavske (R) said the Nevada Constitution did not grant her the power to remove initiatives from the ballot. She cited the constitutional provision that directs her office to place initiatives on the ballot once sufficient signatures are verified. Sponsors filed a lawsuit against Cegavske. On March 9, 2021, First Judicial District Court Judge James Wilson ruled against Cegavske, writing, "Reading the relevant constitutional and statutory provisions in harmony, the Secretary of State’s ministerial duty in this instance becomes clear: take no further action on these initiative petitions." On March 15, 2022, Cegavske appealed the ruling.

2021

See also: Changes in 2021 to laws governing ballot measures

Assembly Bill 321: The legislation made several changes to election policies in Nevada, including allowing sponsors of a citizen-initiated ballot measure to withdraw their measure from the ballot up to 90 days before the election.

2020

See also: Changes in 2020 to laws governing ballot measures

2019

See also: Changes in 2019 to laws governing ballot measures

Senate Bill 450: The legislation made several changes to recall election policies in Nevada, including establishing a limit on campaign contributions for candidates in recall elections; revising procedures for removing a signature from a recall petition; changing the deadline for filing a legal challenge to a recall petition; enacting civil and criminal penalties for violations of recall election provisions; and other changes.

2018

See also: Changes in 2018 to laws governing ballot measures

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Nevada a Nevada Assembly Bill 45 was designed to do the following: make certain changes to the timeline and deadlines for recall, initiative, and referendum petitions; require the registration of petition circulators with the secretary of state; make rules and establish requirements for the withdrawal of an initiative petition. d Nevada Assembly Joint Resolution 8 was designed to amend the constitution require a two-thirds (66.67%) vote for the approval of ballot measures—both legislative referrals and initiatives—that would increase taxes or state revenue. This resolution was approved in the 2015 legislative session. In Nevada, legislatively referred constitutional amendments require approval in two legislative sessions and then voter approval at a statewide election.

2016

See also: Changes in 2016 to laws governing ballot measures

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Nevada a Assembly Bill 23: Changed recall law to require all petition signatures to be collected from voters who actually cast a vote in the election that put the targeted official into office. This provision was enacted in compliance with Nevada Supreme Court ruling Strickland v. Waymire. AB 23 also made various changes to elections law. d Senate Bill 19: "Existing law authorizes the governing body of a county or city to submit an advisory question to the voters of the county or city. (NRS 295.230) Section 3 of this bill authorizes the board of trustees of a school district to submit an advisory question to the voters within its jurisdiction at a general election. Sections 1 and 2 of this bill make conforming changes." d Senate Bill 434: Would have made many changes to the initiative process that would have increased the difficulty of putting an initiative on the ballot. Among other changes, SB 434 was designed to: (1) Require an initial 2,000 signatures to be submitted to successfully file an initiative with the secretary of state, (2) set guidelines for the title and summary of an initiative and require approval by the attorney general, (3) require the initiative to explain a source for any additional revenue if the initiative would require additional public expenditures, (4) allow anyone to challenge an initiative's title and summary, requiring a compromise or a court case, (5) prioritize any legal challenge of an initiative based on the single-subject rule, (6) require that a judge who finds an initiative in violation of the single-subject rule must kill the initiative entirely rather than change it to remove the violation and (7) require initiative proponents to file and keep current a list of paid circulators. a Assembly Joint Resolution 8: "Proposes to amend the Nevada Constitution to require approval of certain initiative measures by a two-thirds vote;" State law requires approval in the state's following legislative session to put this proposal before voters. Then, a majority vote in a statewide election would be required for approval.

2014

See also: Changes in 2014 to laws governing ballot measures

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Nevada State Legislature: a AB 35: Expands the conditions which require campaign finances to be reported. a SB 325: Requires ballot summaries provide a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws.

2012

See also: Changes in 2012 to laws governing ballot measures

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Nevada State Legislature: d Nevada Assembly Bill 502: AB 502 would change the order of items on the ballot, placing legislatively referred measures after national offices. a Nevada Assembly Bill 81: Excerpt of bill description/summary: "Sections 7-12 and 64 of this bill provide that the signature and verification requirements for initiative petitions also apply to petitions for referendum... Section 65 of this bill requires the affidavit executed by a circulator of a petition for initiative or referendum to include the contact information of the circulator and a statement that the circulator is at least 18 years of age." a Nevada Assembly Bill 82: Excerpt of bill description/summary: "Sections 48, 54 and 84 of this bill remove requirements that certain persons or groups who advocate the passage or defeat of a ballot question register. As a result, these persons and groups are subject to the same registration requirements as committees for political action. Under existing law, such persons and groups are not required to report contributions and expenditures until they have received or expended money in excess of $10,000 to advocate the passage or defeat of a ballot question. (NRS 294A.150, 294A.220) Sections 48 and 54 eliminate this threshold and therefore require these persons or groups to report contributions received and expenditures made in excess of $1,000 during any reporting period. " a Nevada Senate Bill 133: SB 133 would change the basis of the state's distribution requirement to Congressional districts, and requires signers to include their Congressional district on the petition (if known). The bill also gives petitioners an additional month to submit signatures and requires petition gatherers to include their address on their certifying affidavit. In addition, SB 133 allows county clerks to use random sample verification for petitions. 500 or 5% of the signatures, whichever is greater, must be verified. d Nevada Senate Bill 170: Excerpt of bill description/summary: "Section 1 of this bill requires the formation of a petitioners’ committee consisting of any five registered voters of this State before the commencement of statewide initiative or referendum proceedings. Section 1 also authorizes four of the five members of the petitioners’ committee to withdraw a petition for statewide initiative or referendum." d Nevada Senate Bill 241: Excerpt of bill description/summary: "During the 2009 Legislative Session, the Legislature required the creation of petition districts and that each initiative petition be signed by a number of registered voters in each petition district in the State that equals at least 10 percent of the voters who voted in that petition district at the last preceding general election... This bill provides that petition districts are conterminous with the districts used to elect the members of the Board of Regents of the University of Nevada."

2010

See also: Changes in 2010 to laws governing the initiative process

No proposed changes were identified in 2010.