Elections
Research Division, Legislative Counsel Bureau
Policy and Program Report, April 2016
13
Nationwide, the popularity of initiative and referendum appears to have peaked in the 1990s;
however, a large number of initiative proposals still qualify for the ballot and a significant amount of
money is spent on the process every election cycle. According to the Initiative and Referendum
Institute, since the inception of the initiative in 1898, there have been over 2,400 initiative measures
on ballots in the 24 states that allow initiatives and referenda. Nearly half of these initiative
measures (about 1,100) appeared on the ballot in the last 35 years.
THE INITIATIVE AND REFERENDUM PROCESS IN NEVADA
There are two types of initiatives—direct and indirect. In Nevada, a direct initiative seeks to amend
the Nevada Constitution, while an indirect initiative seeks to amend an existing statute. The direct
initiative involves a petition process which, if successful, goes directly on the ballot at the next general
election. The indirect initiative, however, involves the consideration and input of the Legislature.
In other words, an initiative proposal to change Nevada law does not go directly to the ballot. In the
indirect initiative process, a proposed initiative (if the petition has enough qualified signatures) is first
referred to the Legislature.
In Nevada, statewide I&R petitions may address only one subject and matters necessarily connected
with that subject. An explanation of the effect of the petition also must appear on each signature page
of the petition. Nevada law further requires the Secretary of State to post a copy of the initiative or
referendum petition, the description of the effect of the petition proposal, and the fiscal note on the
Secretary’s website. Article 19, Section 2 of the Nevada Constitution and provisions in Chapter 295
(“Certain State and Local Ballot Questions”) of NRS also provide for I&R at the county and city
level, although the filing, signature requirements, approval process, and time frames vary from the
statewide I&R process. Finally, every election cycle, the Office of the Secretary of State publishes
the Initiative & Referendum Guide, which is available online at http://nvsos.gov/Modules/
ShowDocument.aspx?documentid=4080.
Constitutional Amendments
An initiative petition to amend the Nevada Constitution must be signed by a number of registered
voters equal to 10 percent or more of the number of voters who voted at the last statewide general
election. This number (55,234 for 2016) must be divided equally (13,809) among Nevada’s
four “petition districts.” Before any initiative petition to amend the Nevada Constitution may be
circulated for signatures, a copy of the petition, including a description 200 words or less of the effect
of the petition, must be filed with the Secretary of State no earlier than September 1 of the year prior
to the election. The petition may then be circulated for signatures until the third Tuesday in June of
the following year (the election year), at which time it must be submitted to the appropriate county
election offices for signature verification. For 2016, the last day for petitioners to submit a
constitutional initiative to the county election office is June 21. Upon completion of the signature
verification process, all petitions must be filed by the county election officer with the Secretary of
State no later than 90 days before the general election (August 10, 2016). If it is determined that the
petition contains a sufficient number of valid signatures, the initiative question will appear on
the general election ballot. An initiative petition to amend the Nevada Constitution must be approved
in identical form at two successive elections before becoming law.