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- 83rd Session (2025)
Assembly Bill No. 490–Committee on Judiciary
CHAPTER..........
AN ACT relating to courts; revising provisions relating to the venue
for certain proceedings; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, the First Judicial District Court has exclusive jurisdiction
conferred by statute over certain proceedings, including, without limitation, judicial
review of final decisi ons made by the Secretary of State relating to: (1) the
designation of certain public buildings for use in gathering signatures on a petition
for initiative or referendum that proposes a constitutional amendment or statewide
measure; and (2) the verificati on of signatures on such a petition. (NRS
293.127565, 293.12795) Existing law also provides that whether such an initiative
or referendum embraces but one subject and matters necessarily connected
therewith and pertaining thereto, and the description of th e effect of such an
initiative or referendum may be challenged by filing a complaint in the First
Judicial District Court. (NRS 295.061)
Sections 4-6 of this bill provide that instead of being limited to being filed only
in the First Judicial District Cou rt, such petitions for judicial review or complaint s,
as applicable, may be filed in a qualified district court , which is defined as: (1) the
First Judicial District Court, but only if the First Judicial District Court has
established and maintains an electronic filing, storage and reproduction process and
electronic access to its documents and hearings; or (2) any district court which has
at least five district judges and which has established and maintains an electronic
filing, storage and reproduction pr ocess and electronic access to its documents and
hearings.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. NRS 293.127565 is hereby amended to read as
follows:
293.127565 1. At each building that is open to the general
public and occupied by the government of this State or a political
subdivision of this State or an agency thereof, other than a building
of a public elementary or secondary s chool, an area must be
designated for the use of any person to gather signatures on a
petition at any time that the building is open to the public. The area
must be reasonable and may be inside or outside of the building.
Each public officer or employee in control of the operation of a
building governed by this subsection shall:
(a) Designate the area at the building for the gathering of
signatures; and
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(b) On an annual basis, submit to the Secretary of State and the
county clerk for the county in which t he building is located a notice
of the area at the building designated for the gathering of signatures
on a petition. The Secretary of State and the county clerks shall
make available to the public a list of the areas at public buildings
designated for the gathering of signatures on a petition.
2. Before a person may use an area designated pursuant to
subsection 1, the person must notify the public officer or employee
in control of the operation of the building governed by subsection 1
of the dates and ti mes that the person intends to use the area to
gather signatures on a petition. The public officer or employee may
not deny the person the use of the area.
3. Not later than 3 working days after the date of the decision
that aggrieved the person, a person aggrieved by a decision made by
a public officer or employee pursuant to subsection 1 or 2 may
appeal the decision to the Secretary of State. The Secretary of State
shall review the decision to determine whether the public officer or
employee violated su bsection 1 or 2. If the Secretary of State
determines a public officer or employee violated subsection 1 or 2
and that a person was denied the use of a public building for the
purpose of gathering signatures on a petition, the Secretary of State
shall order that the deadline for filing the petition provided pursuant
to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.015 or
306.110 must be extended for a period equal to the time that the
person was denied the use of a public building for the purpose of
gathering signatures on a petition, but in no event may the deadline
be extended for a period of more than 5 days.
4. The decision of the Secretary of State is a final decision for
the purposes of judicial review. Not later than 7 days after the date
of the decision by the Secretary of State, the decision of the
Secretary of State may [only] be appealed [in the First Judicial
District Court.] to a qualified district court.
5. If the [First Judicial District Court] district court to which a
decision has been appealed pursuant to subsection 4 determines
that the public officer or employee violated subsection 1 or 2 and
that a person was denied the use of a public building for the purpose
of gathering signatures on a p etition, the [Court] district court shall
order that the deadline for filing the petition provided pursuant to
NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.015 or
306.110 must be extended for a period equal to the time that the
person was denied th e use of a public building for the purpose of
gathering signatures on a petition, but in no event may the deadline
be extended for a period of more than 5 days.
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[5.] 6. The Secretary of State may adopt regulations to carry
out the provisions of subsection 3.
7. As used in this section, “qualified district court” means:
(a) The First Judicial District Court, but only if the First
Judicial District Court has established and maintains:
(1) An electronic filing, storage and reproduction process;
and
(2) Electronic access to its documents and hearings; or
(b) Any district court which has at least five district judges and
which has established and maintains:
(1) An electronic filing, storage and reproduction process;
and
(2) Electronic access to its documents and hearings.
Sec. 5. 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 the Secretary of State 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 ye t removed each name as
requested pursuant to NRS 295.055 or pursuant to NRS 306.015 for
a petition to recall a public officer who holds a statewide office, the
county clerk shall do so before recertifying the petition.
(b) If the Secretary of State does n ot 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, 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.] to
a qualified district court.
4. As used in this section, “qualified district court” means:
(a) The First Judicial District Court, but only if the First
Judicial District Court has established and maintains:
(1) An electronic filing, storage and rep roduction process;
and
(2) Electronic access to its documents and hearings; or
(b) Any district court which has at least five district judges and
which has established and maintains:
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(1) An electronic filing, storage and reproduction process;
and
(2) Electronic access to its documents and hearings.
Sec. 6. NRS 295.061 is hereby amended to read as follows:
295.061 1. Except as otherwise provided in subsection 3,
whether an initiative or referendum embraces but one subject and
matters necessarily connected therewith and pertaining thereto, and
the description of the effect of an initiative or referendum required
pursuant to NRS 295.009, may be challenged by filing a complaint
in [the First Judicial District Court ] a qualified district court not
later than 15 days, Saturdays, Sundays and holidays excluded, after
a copy of the petition is placed on file with the Secretary of State
pursuant to NRS 295.015. 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 15 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.
2. The legal sufficiency of a petition f or initiative or
referendum may be challenged by filing a complaint in a qualified
district court not later than 7 days, Saturdays, Sundays and holidays
excluded, after the petition is certified as sufficient by the Secretary
of State. All affidavits and d ocuments in support of the challenge
must be filed with the complaint. The court shall set the matter for
hearing not later than 15 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.
3. If a description of the effect of an initiative or referendum
required pursuant to NRS 295.009 is challenged successfully
pursuant to subsection 1 and such description is amended in
compliance with the order of the co urt, the amended description
may not be challenged.
4. As used in this section, “qualified district court” means:
(a) The First Judicial District Court, but only if the First
Judicial District Court has established and maintains:
(1) An electronic fil ing, storage and reproduction process;
and
(2) Electronic access to its documents and hearings; or
(b) Any district court which has at least five district judges and
which has established and maintains:
(1) An electronic filing, storage and reproducti on process;
and
(2) Electronic access to its documents and hearings.
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