Nevada, USA, regional Popular or citizens initiative [PCI] - Initiative petition for amendment of Constitution

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Nevada, USA
Political level
regional
Local Name:
Initiative petition for amendment of Constitution
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Nevada Constitution, Article XIX, Section 2
1. [...] the people reserve to themselves the power to propose, by initiative petition, [...] statutes and amendments to this Constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by Section 3 of this Article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the State, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire State at the last preceding general election.
[...]
4. [...] If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the Secretary of State shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall, unless precluded by subsection 5 or 6, become a part of this Constitution upon completion of the canvass of votes by the Supreme Court.

Source: The Constitution of the State of Nevada (accessed 26 July 2017)

Subject Matter:

Enacting constitutional amendments via initiative

Actors

Author:
Citizen
Initiator:
Electorate : Requires 10% of the number of voters voting in the last general election in 3/4 of the state counties as well as in the entire state (Nevada Constitution, Article XIX, Section 2)
Decision maker:
Electorate : Must be approved by a majority of votes on the proposed amendment for two consecutive general elections (Nevada Constitution, Article XIX, Section 2)

Requirements

Number Of Signatures:
10% of the number of voters voting in the last general election in 3/4 of the state counties as well as in the entire state (Nevada Constitution, Article XIX, Section 2)
Available Time:
May file a petition starting September 1 of the year preceding the year of the next general election. Petition must be filed by the "third Tuesday in June of an even-numbered year" (Constitution, Article XIX, Section 2; Revised Statutes, 295.056).
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention turnout quorum
Geographical Quorum:
Petition requires 10% of the number of voters voting in the last general election in 3/4 of the state counties (Nevada Constitution, Article XIX, Section 2)
Excluded Issues:
Other Formal Requirements:

Nevada Constitution, Article XIX, Section 2
[...]
4. If the initiative petition proposes an amendment to the Constitution, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than September 1 of the year before the year in which the election is to be held. After its circulation it shall be filed with the Secretary of State not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. [...]

Nevada Revised Statutes, Chapter 295
NRS 295.009
1. Each petition for initiative or referendum must:
(a) Embrace but one subject and matters necessarily connected therewith and pertaining thereto [...]

NRS 295.056
[...]
3. If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.
[...]

Sources: The Constitution of the State of Nevada and Nevada Revised Statutes (accessed 26 July 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Nevada Constitution, Article XIX, Section 3
[...]
1. Each referendum petition and initiative petition shall include the full text of the measure proposed. Each signer shall affix thereto his or her signature, residence address and the name of the county in which he or she is a registered voter. The petition may consist of more than one document, but each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. [...]

Nevada Revised Statutes, Chapter 295
NRS 295.009
1. Each petition for initiative or referendum must:
[...]
(b) Set forth, in not more than 200 words, a description of the effect of the initiative or referendum if the initiative or referendum is approved by the voters. The description must appear on each signature page of the petition.
[...]

NRS 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. The regulations must ensure that the format includes, without limitation, that:
(1) In addition to signing the petition, a person who signs a petition:
(I) Shall print the person´s given name followed by the person´s surname on the petition before the person´s signature; and
(II) Must indicate the petition district in which the person resides, if known.
(2) Each signature must be dated.
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.

Sources: The Constitution of the State of Nevada and Nevada Revised Statutes (accessed 26 July 2017)

Wording Of Ballot Question:
Interaction With Authorities:

Nevada Revised Statutes, Chapter 295
NRS 295.015
[...]
(a) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.
(b) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.
[...]

Sources: The Constitution of the State of Nevada and Nevada Revised Statutes (accessed 26 July 2017)

Supervision And Support:

Nevada Constitution, Article XIX, Section 3
[...]
2. The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition [...]

Source: The Constitution of the State of Nevada (accessed 26 July 2017)

Transparency And Finance:

Nevada Revised Statutes, Chapter 295
NRS 295.300
A person shall not give compensation of any kind to any person in exchange for signing a petition for initiative or referendum.

Source: Nevada Revised Statutes (accessed 26 July 2017)

Practice