Nevada Code § 293.1277

Verification of signatures by county clerks; regulations
Open in Lexace · Ask the AI about this section
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, the Secretary of State shall immediately so notify the
county clerks. After the notification, each of the county clerks shall
determine the number of registered voters who have signed the documents
submitted in the county clerks county and, in the case of a petition for
initiative or referendum proposing a constitutional amendment or statewide
measure, shall tally the number of signatures for each petition district
contained or fully contained within the county clerks county. This determination
must be completed within 9 days, excluding Saturdays, Sundays and holidays,
after the notification pursuant to this subsection regarding a petition
containing signatures which are required to be verified pursuant to NRS 293.128 , 295.056 , 298.109 or 306.110 , within 20 days, excluding
Saturdays, Sundays and holidays, after the notification pursuant to this
subsection regarding a petition containing signatures which are required to be
verified pursuant to NRS 306.035 , and
within 3 days, excluding Saturdays, Sundays and holidays, after the
notification pursuant to this subsection regarding a petition containing
signatures which are required to be verified pursuant to NRS 293.172 or 293.200 . For the purpose of verification
pursuant to this section, the county clerk shall not include in his or her tally
of total signatures any signature included in the incorrect petition district.
2. Except as otherwise provided in
subsections 3 and 4, if more than 500 names have been signed on the documents
submitted to a county clerk, the 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:
(a) Except as otherwise provided in paragraph
(b), at least 500 or 5 percent of the signatures, whichever is greater.
(b) If the petition is for the recall of a public
officer who holds a statewide office, at least 25 percent of the signatures.
If documents
were submitted to the county clerk for more than one petition district wholly
contained within that county, a separate random sample must be performed for
each petition district.
3. If a petition district comprises more
than one county and the petition is for an initiative or referendum proposing a
constitutional amendment or a statewide measure, and if more than 500 names
have been signed on the documents submitted for that petition district, the
appropriate county clerks 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 clerks within the petition district 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 presented in the petition district, whichever is
greater. The Secretary of State shall determine the number of signatures that
must be verified by each county clerk within the petition district.
4. If a petition is for the recall of a
public officer who does not hold a statewide office, each county clerk:
(a) Shall not examine the signatures by sampling
them at random for verification;
(b) Shall examine for verification every
signature on the documents submitted to the county clerk; and
(c) When determining the total number of valid
signatures on the documents, shall remove each name of a registered voter who
submitted a request to have his or her name removed from the petition pursuant
to NRS 306.015 .
5. 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, the county clerk shall
ensure that every application in the file is examined, including any
application in his or her possession which may not yet be entered into the
county clerks records. Except as otherwise provided in subsection 6, the
county clerk shall rely only on the appearance of the signature and the address
and date included with each signature in making his or her determination.
6. If:
(a) A person registers to vote using the system
established by the Secretary of State pursuant to NRS 293.671 ;
(b) A person registers to vote pursuant to NRS 293D.230 and signs his or her
application to register to vote using a digital signature or an electronic
signature; or
(c) A person is registered to vote by an
automatic voter registration agency,
the county clerk
may rely on such other indicia as prescribed by the Secretary of State in
making his or her determination.
7. In the case of a petition for
initiative or referendum proposing a constitutional amendment or statewide
measure, when the county clerk is determining the number of registered voters
who signed the documents from each petition district contained fully or
partially within the county clerks county, he or she must use the statewide
voter registration list available pursuant to NRS
293.675 .
8. Except as otherwise provided in
subsection 10, upon completing the examination, the county clerk shall
immediately attach to the documents a certificate properly dated, showing the
result of the examination, including the tally of signatures by petition district,
if required, and transmit the documents with the certificate to the Secretary
of State. In the case of a petition for initiative or referendum proposing a
constitutional amendment or statewide measure, if a petition district comprises
more than one county, the appropriate county clerks shall comply with the
regulations adopted by the Secretary of State pursuant to this section to
complete the certificate. A copy of this certificate must be filed in the
clerks 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 pursuant to NRS 306.015 for a petition to recall a
public officer who holds a statewide office, if applicable.
9. A person who submits a petition to the
county clerk which is required to be verified pursuant to NRS 293.128 , 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.
10. For any petition containing signatures
which are required to be verified pursuant to the provisions of NRS 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.
11. The Secretary of State shall by
regulation establish further procedures for carrying out the provisions of this
section.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.