Nevada Elections

Sec. § 306.016
Certain persons required to pay costs of signature verification; exceptions; civil action to recover costs; joint and several liability for costs; regulations.


1.

Except as otherwise provided in subsection 2:

(a)

If the persons filing a notice of intent to circulate a petition for the recall of a public officer submit the petition to the filing officer for signature verification pursuant to paragraph (b) of subsection 3 of NRS 306.015, the filing officer shall not submit the petition to the county clerk for signature verification pursuant to NRS 306.035, unless the persons filing the notice of intent deposit in advance the estimated costs of the signature verification with the filing officer, including, without limitation, the estimated costs for the Secretary of State and the county clerk of each county from which signatures on the petition were gathered to perform the requirements set forth in NRS 293.1276 to 293.1279, inclusive.

(b)

Upon completion of the verification of signatures, the Secretary of State and each county clerk who verified signatures on the petition shall submit to the filing officer a statement of the actual costs incurred for carrying out the provisions of NRS 293.1276 to 293.1279, inclusive.

(c)

If the sum deposited pursuant to paragraph (a) is:

(1)

In excess of the actual costs of the signature verification, the excess must be refunded to the persons filing the notice of intent who submitted the petition for signature verification.

(2)

Less than the actual costs of the signature verification, the persons filing the notice of intent who submitted the petition for signature verification shall, upon demand, pay the deficiency to the filing officer who shall distribute the money to the Secretary of State and county clerks, as applicable.

2.

The provisions of subsection 1 do not apply if, at the time of submitting the petition to the filing officer for signature verification, the persons filing the notice of intent also submit to the filing officer a written declaration, signed by each person under penalty of perjury, that:

(a)

Paying the costs of the signature verification would cause the persons filing the notice of intent an undue burden on the monetary resources reasonably available to them; and

(b)

No person was paid to circulate the petition for signatures, or was promised to be paid or will be paid for having circulated the petition for signatures, by the persons filing the notice of intent or, to the best of their knowledge and belief, by any other person, including, without limitation, any committee for the recall of a public officer as defined in NRS 294A.006.

3.

Except as otherwise provided in subsection 4, if the persons filing the notice of intent sign and submit a written declaration pursuant to subsection 2, the filing officer shall submit the petition to the county clerk for signature verification pursuant to NRS 306.035, and the persons filing the notice of intent must not be held liable for paying the costs of the signature verification.

4.

In addition to any criminal or civil penalty, if the persons filing the notice of intent sign and submit a written declaration pursuant to subsection 2 and the written declaration contains any false statement of material fact, the Secretary of State and county clerks may bring a civil action to recover the actual costs of the signature verification against each person who signed the written declaration, and each person who signed the written declaration is jointly and severally liable for the actual costs of the signature verification.

5.

The Secretary of State shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, defining the term “costs” for purposes of this section.
Source

Last accessed
Feb. 5, 2021