2001 REGULAR SESSION (71st) A AB299 153
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1, renumbering sections 2 through 5 as sections 6 through 9 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. NRS 293.1277 is hereby amended to read as follows:
293.1277 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures 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 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.
3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the secretary of state, the county clerk shall notify the secretary of state of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.
5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.
7. The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.
Sec. 2. NRS 293.1278 is hereby amended to read as follows:
293.1278 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the [petitioners have] number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of those certificates , [showing the petition to have reached 100 percent,] and the secretary of state shall immediately so notify the petitioners and the county clerks.
3. If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate, and transmit the amended certificate to the secretary of state. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of the amended certificates, and the secretary of state shall immediately so notify the petitioners and the county clerks.
Sec. 3. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more , but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county [,] plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the secretary of state may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.
3. Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
7. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 4. NRS 293.12795 is hereby amended to read as follows:
293.12795 1. If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the secretary of state shall:
(a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the secretary of state determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do so before recertifying the petition.
(b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.
2. If the secretary of state is unable to make a decision on the appeal based upon the documents submitted to him, the secretary of state may order the county clerk to reverify the signatures.
3. The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.
Sec. 5. NRS 295.055 is hereby amended to read as follows:
295.055 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. Each signature must be dated.
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.
2. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.
3. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.”.
Amend sec. 3, page 3, line 45, by deleting “shall [reject]” and inserting “[shall reject]”.
Amend sec. 3, page 3, line 46, by deleting “Consult” and inserting “May consult”.
Amend sec. 3, page 4, line 1, by deleting:
“Based on such consultation,” and inserting “Shall”.
Amend sec. 5, page 6, line 33, by deleting “shall [reject]” and inserting “[shall reject]”.
Amend sec. 5, page 6, line 34, by deleting “Consult” and inserting “May consult”.
Amend sec. 5, page 6, line 37, by deleting:
“Based on such consultation,” and inserting “Shall”.
Amend the bill as a whole by deleting sec. 6, renumbering sec. 7 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 5, to read as follows:
“Sec. 10. NRS 306.015 is hereby amended to read as follows:
306.015 1. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in this state or in the county, district or municipality electing the officer at the last preceding general election.
(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.
3. The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 60 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.
5. Any person who signs a petition to recall any public officer may request that the county clerk remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.
6. A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.
7. As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.
Sec. 11. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.
2. After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the secretary of state to strike his name from the petition. If the person demonstrates good cause therefor [,] and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike [his] the name of the person from the petition.
3. Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him.
4. The call for a special election pursuant to subsection 3 or 6 must include, without limitation:
(a) The last day on which a person may register to vote to qualify to vote in the special election; and
(b) The last day on which a petition to nominate other candidates for the office may be filed.
5. The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the secretary of state completes the notification required by subsection 1. 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 30 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.
6. Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.”.
Amend the title of the bill by deleting the fifth through ninth lines and inserting:
“the appointment and duties of such committees; authorizing the county clerk and city clerk to consult with certain persons before determining whether to reject certain statements in arguments and rebuttals prepared by such committees; providing that signatures must be removed from certain petitions, upon request, only if the removal of such signatures could affect the sufficiency of the petitions; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to ballot questions and petitions. (BDR 24-598)”.