Nevada, USA, regional Agenda (setting) initiative [PAX] - Initiative petition for enactment or amendment of statute

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Nevada, USA
Political level
regional
Local Name:
Initiative petition for enactment or amendment of statute
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.
3.[...] The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the Legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the Legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in Section 1 of this Article. [...]

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

Subject Matter:

Submitting laws to legislative approval or ballot question 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 before going to the legislature (Nevada Constitution, Article XIX, Section 2)
Decision maker:
Legislature : Initiative becomes law if passed unchanged by legislature and subject to popular vote if not passed (Nevada Constitution, Article XIX, Section 2). -- For the instrument concerning the effects of a legislative veto, see Nevada LOR: Initiative petition for enactment or amendment of statute (continued)

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 January 1 of the year preceding the year of the next legislative session. Petition must be filed by the "second Tuesday in November of an even-numbered year" (Constitution, Article XIX, Section 2; Revised Statutes, 295.056).
Geographical Quorum:
Petition requires 10% of the number of voters voting in the last general election in 3/4 of the state counties before going to the legislature (Nevada Constitution, Article XIX, Section 2)
Excluded Issues:

Nevada Constitution, Article XIX, Section 6
This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.

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

Other Formal Requirements:

Nevada Constitution, Article XIX, Section 2
[...]
3. If the initiative petition proposes a statute or an amendment to a statute, the person who intends to circulate it shall file a copy with the Secretary of State before beginning circulation and not earlier than January 1 of the year preceding the year in which a regular session of the Legislature is held. After its circulation, it shall be filed with the Secretary of State not less than 30 days prior to any regular session of the Legislature.[...]

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
[...]
2. If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November 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)

Interaction With Authorities:

Nevada Constitution, Article XIX, Section 2
3. [...] The Secretary of State shall transmit such petition to the Legislature as soon as the Legislature convenes and organizes. [...]

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

Archive:
Remarks:

See completive legal design: Initiative petition for enactment or amendment of statute (continued)