Nevada, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum for approval or disapproval of statute or resolution enacted by legislature

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Nevada, USA
Political level
regional
Local Name:
Referendum for approval or disapproval of statute or resolution enacted by legislature
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Nevada Constitution, Article XIX, Section 1
[...]
2. Whenever a number of registered voters of this state equal to 10 percent or more of the number of voters who voted at the last preceding general election shall express their wish by filing with the secretary of state, not less than 120 days before the next general election, a petition in the form provided for in Section 3 of this Article that any statute or resolution or any part thereof enacted by the legislature be submitted to a vote of the people, the officers charged with the duties of announcing and proclaiming elections and of certifying nominations or questions to be voted upon shall submit the question of approval or disapproval of such statute or resolution or any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire State. [...]
3. If a majority of the voters voting upon the proposal submitted at such election votes approval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall stand as the law of the state and shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of such voters votes disapproval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall be void and of no effect.

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

Subject Matter:

Repealing or affirming laws via popular referendum

Actors

Author:
Citizen
Initiator:
Electorate : Requires 10% of the number of voters voting in the last general election (Nevada Constitution, Article XIX, Section 1)
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of the number of voters voting in the last general election (Nevada Constitution, Article XIX, Section 1)
Available Time:
May file a petition starting August 1 of the year preceding the year of the election. Signatures 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:
Referendum must be approved be a majority of votes on the question.
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

This article concerns itself with "any statute, or resolution or any part thereof enacted by the legislature" (Nevada Constitution, Article XIX, Section 1).

Other Formal Requirements:

Nevada Constitution, Article XIX, Section 1
1. A person who intends to circulate a petition that a statute or resolution or part thereof enacted by the legislature be submitted to a vote of the people, before circulating the petition for signatures, shall file a copy thereof with the secretary of state. He shall file the copy not earlier than August 1 of the year before the year in which the election will be held.
[...]

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
[...]
4. If the petition is for referendum, 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:

Nevada Revised Statutes, Chapter 295
NRS 295.045
[...]
3. The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: €œShall the statute (setting out its title) be approved?€
4. Where a mechanical voting system is used, the title of the statute must appear on the list of offices and candidates and the statements of measures to be voted on and may be condensed to no more than 25 words.
[...]

Source: Nevada Revised Statutes (accessed 26 July 2017)

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.
[...]

Source: 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: