NEVADA

Nevada authorizes indirect statutory initiatives, constitutional initiatives, veto referendums, and legislatively referred amendments. For indirect statutory initiatives, if the legislature rejects voters’ proposal, the Governor and the legislature can together propose an alternative to be submitted to voters alongside it. An initiative or veto referendum is submitted to voters at the next general or statewide election after filing of a petition, whereas a legislatively referred amendment is submitted to voters as prescribed by the legislature. In general, the official ballot for a statewide ballot measure only contains a ballot question, known as a “condensation.” However, the state provides for the compilation of “sample ballots” containing additional information, which are distributed to registered voters. Nevada law explicitly provides for legal challenges to the description of an initiative or veto referendum appearing on the petition circulated for signatures, but does not explicitly provide for judicial review of ballot contents. However, review may be available under other channels, such as petitions for injunctive or other extraordinary relief.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Nevada

Nevada has indirect statutory initiatives, allowing for the legislature to propose alternatives with the approval of the Governor; constitutional initiatives; veto referendums; and legislatively referred amendments.

√ Initiatives – Statutory (Indirect)

The people of Nevada have reserved the initiative power to propose and enact statutes. Nev. Const. art. 19, § 2.  A proposed statutory initiative is first transmitted to the legislature, which may enact or reject it. Nev. Const. art. 19, § 2(3). If the legislature rejects the proposal, the Governor may recommend, and the legislature may, with the Governor’s approval, propose a legislative alternative measure. Id. If so, both measures are submitted to voters. Id.

A statutory initiative cannot make an appropriation or otherwise require expenditure of money unless it also imposes a sufficient tax or otherwise constitutionally provides for raising the necessary revenue. See Nev. Const. art. 19, § 6. A statutory initiative approved by voters may not be amended or repealed by the legislature within three years of taking effect. Id. § 2(3).

√ Initiatives – Constitutional

Nevadans also have the initiative power to propose and adopt amendments to the state constitution. Nev. Const. art. 19, § 2. To be adopted, a constitutional initiative must be approved by voters in two successive general elections.  Id. § 2(4).

√ Veto Referendums

Nevadans also have the referendum power to approve or reject any statute or resolution of the legislature, or any part thereof. Nev. Const. art. 19, § 1.

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Nevada voters. Nev. Const. art. 16, § 1.

Election Timing

The timing of an election may vary depending on the type of ballot measure at issue. Initiatives and veto referendums are submitted to voters at the next general or statewide election after filing of the petition, whereas a legislatively referred amendment is submitted to voters as prescribed by the legislature.

• An initiative must be submitted to voters at the next general election. Nev. Const. art. 19, § 2.
  • A constitutional initiative must be approved by voters in two successive general elections in order to be adopted. Const. art. 19, § 2(4).
• A veto referendum must be submitted to voters at the next statewide election following the filing of the petition. Nev. Const. art. 19, § 1.
• A legislatively referred amendment is submitted to voters after it is approved by a majority of all members elected to each house, in two consecutive legislatures. Nev. Const. art. 16, § 1(1). It is then submitted to voters “in such manner and at such time as the Legislature shall prescribe.”

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a statewide ballot measure in Nevada must display the following.

• “Condensation” of the measure, also known as the ballot question. See Rev. Stat. §§ 293.250(3), 218D.810(2)(a). The condensation must be reasonable in length and written in language that is easily understood. Nev. Rev. Stat. §§ 293.250(5), 218D.810(3).
  • For initiatives and veto referendums, the condensation is prepared by the Secretary of State in consultation with the Attorney General. § 293.250(5).
  • For legislatively referred amendments, the condensation is prepared by the Nevada Legislative Counsel Bureau at the request of the underlying legislative committee. § 218D.810(2).
• (Where applicable) For statutory initiatives in which the legislature has proposed an alternative measure with the Governor’s approval, a statement indicating that particular measures reflect alternative approaches to the same issue and to please only vote for one or the other. § 293.267(5).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

X For statutory initiatives and veto referendums, Nevada law does not generally require that information be published in newspapers or similar media, except for sample ballots (discussed below).

• For proposed amendments (constitutional initiatives and legislatively referred amendments), each county clerk must cause certain information to be published three times in a newspaper of general circulation, beginning on or before the first Monday in October. Nev. Rev. Stat. § 293.253; Nev. Const. art. 19, § 2(3). The publication must include the following items, many of which are described in further detail in the next section.
  • The full text of the proposed amendment.
  • The “condensation” or question that will appear on the official ballot.
  • An explanation of the measure.
  • Arguments for and against the measure, as well as rebuttal arguments, discussed in further detail below.
  • A fiscal note, if applicable.

Nev. Rev. Stat. § 293.253.

Voter Information Pamphlet

Nevada law requires the Secretary of State to prepare a “sample ballot.” Nev. Rev. Stat. §§ 293.250(1)(a), 293.565. The sample ballot must include the following items, each of which must be reasonable in length and written in easily understood language. Id. §§ 293.250(5), 218D.810(3).

• A fiscal note, if applicable, describing any anticipated financial effects of the measure. Nev. Rev. Stat. § 293.565(1)(b).
  • For initiatives and veto referendums, the Fiscal Analysis Division of the Nevada Legislative Counsel Bureau prepares a fiscal note if it determines the measure may have an anticipated financial effect on the state or local governments. § 295.015(3)(b). The note is prepared before petitions are circulated for signatures. Id.
  • For legislatively referred amendments, the Fiscal Analysis Division of the Nevada Legislative Counsel Bureau prepares the fiscal note at the request of the underlying legislative committee, which may review the drafts and make changes as needed. Nev. Rev. Stat. § 218D.810(2)(d), (4).
• An explanation of the measure, including a digest. Nev. Rev. Stat. §§ 293.565(1)(c), 293.250(5).
  • The digest must include a concise and clear summary of any existing law directly relating to the measure, as well as a summary of how the measure adds to, changes, or repeals such existing laws. §§ 293.250(5), 218D.810(3). For any measure that generates, increases, or decreases any public revenue, the digest must also include a statement to so indicate. Id.
    • For initiatives and veto referendums, the explanation is prepared by the Secretary of State in consultation with the Attorney General. § 293.250(5).
    • For legislatively referred amendments, the explanation is prepared by the Legal, Research, and Fiscal Analysis Divisions of the Nevada Legislative Counsel Bureau at the request of the underlying legislative committee, which may review and make any changes as necessary. § 218D.810(2)(b), (5).
• Arguments for and against the measure, as well as rebuttal arguments. Rev. Stat. § 293.565(1)(d).
  • For initiatives and veto referendums, the Secretary of State appoints two committees to draft arguments and rebuttals: one composed of three persons favoring the measure, and the other composed of three persons opposing. § 293.252(1). The arguments and rebuttals must address the measure’s fiscal impact, its environmental impact, and its impact on public health, safety and welfare. Id. sub. (5)(f).
    • Each committee may seek and consider comments from the general public. § 293.252(5)(c).
    • The statute provides the Secretary of State with guidance as to the selection of committee members, as well as the discretion to revise committee language as appropriate. § 293.252(2)-(4), (7)-(8).
  • For legislatively referred amendments, as well as legislative alternative measures for statutory initiatives, arguments and rebuttals are prepared by the Nevada Legislative Counsel Bureau at the request of the underlying legislative committee, which may review the drafts and make changes as needed. § 218D.810(2)(b)-(c), (5).
• For constitutional initiatives and legislatively referred amendments, the full text of each proposed amendment. Rev. Stat. § 293.565(1)(e).

County clerks distribute sample ballots to registered voters by mail, although a clerk may also establish a system to distribute sample ballots electronically to voters opting for electronic distribution. Nev. Rev. Stat. § 293.565(3)-(5). Mailed, paper copies may omit the full text of a proposed constitutional amendment if it would significantly reduce costs and other requirements are met. Id. sub. (3)(a).

JUDICIAL REVIEW

When and how can the court step in?

• With respect to initiatives and veto referendums, Nevada law explicitly provides for challenges to the description of a measure which appears on the petition that is circulated for signatures. Nev. Rev. Stat. §§ 295.061, 295.009. See also, e.g., Education Freedom PAC v. Reid, 512 P.3d 296 (Nev. 2022).

Sample case: Choose Life Campaign 90 v. Del Papa, 801 P.2d 1384 (Nev. 1990) (interpreting a similar, prior version of Nevada Revised Statutes § 293.250, finding an implicit duty of the Secretary of State to make a good faith effort to fairly present information presented on a ballot and/or sample ballot).

• In contrast, for legislatively referred amendments, the state’s direct democracy provisions do not explicitly provide for judicial review of ballots or sample ballots, though review may be available under other channels, such as petitions for injunctive or other extraordinary relief.