Sec.
§
6.132
Summoning of grand jury by filing of petition by committee of registered voters.
1.
A committee of petitioners consisting of five registered voters may commence a proceeding to summon a grand jury pursuant to this section by filing with the clerk of the district court an affidavit that contains the following information:
(a)
The name and address of each registered voter who is a member of the committee.
(b)
The mailing address to which all correspondence concerning the committee is to be sent.
(c)
A statement that the committee will be responsible for the circulation of the petition and will comply with all applicable requirements concerning the filing of a petition to summon a grand jury pursuant to this section.
(d)
A statement explaining the necessity for summoning a grand jury pursuant to this section.
2.
A petition to summon a grand jury must be filed with the clerk by a committee of petitioners not later than 180 days after an affidavit is filed pursuant to subsection 1. The petition must contain:
(a)
The signatures of registered voters equal in number to at least 25 percent of the number of voters voting within the county at the last preceding general election. Each signature contained in the petition:
(1)
May only be obtained after the affidavit required pursuant to subsection 1 is filed;
(2)
Must be executed in ink; and
(3)
Must be followed by the address of the person signing the petition and the date on which the person is signing the petition.
(b)
A statement indicating the number of signatures of registered voters which were obtained by the committee and which are included in the petition.
(c)
An affidavit executed by each person who circulated the petition which states that:
(1)
The person circulated the petition personally;
(2)
At all times during the circulation of the petition, the affidavit filed pursuant to subsection 1 was affixed to the petition;
(3)
Each signature obtained by the person is genuine to the best of his or her knowledge and belief and was obtained in his or her presence; and
(4)
Each person who signed the petition had an opportunity before signing the petition to read the entire text of the petition.
3.
A petition filed pursuant to this section may consist of more than one document, but all documents that are included as part of the petition must be assembled into a single instrument for the purpose of filing. Each document that is included as part of the petition must be uniform in size and style and must be numbered.
4.
A person shall not misrepresent the intent or content of a petition circulated or filed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.
5.
The clerk shall issue a receipt following the filing of a petition pursuant to this section. The receipt must indicate the number of:
(a)
Documents included in the petition;
(b)
Pages in each document; and
(c)
Signatures which the committee indicates were obtained and which are included in the petition.
6.
Within 20 days after a petition is filed pursuant to this section, the clerk shall:
(a)
Prepare a certificate indicating whether the petition is sufficient or insufficient, and if the petition is insufficient, include in the certificate the reasons for the insufficiency of the petition; and
(b)
Transmit a copy of the certificate to the committee by certified mail.
7.
A petition must not be certified as insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition.
8.
If a petition is certified as:
(a)
Sufficient, the clerk shall promptly present a copy of the certificate to the court, and the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.
(b)
Insufficient, the committee may, within 2 days after receipt of the copy of the certificate, file a request with the court for judicial review of the determination by the clerk that the petition is insufficient. In reviewing the determination of the clerk, the court shall examine the petition and the certificate of the clerk and may, in its discretion, allow the introduction of oral or written testimony. The determination of the clerk may be reversed only upon a showing that the determination is in violation of any constitutional or statutory provision, is arbitrary or capricious, or involves an abuse of discretion. If the court finds that the determination of the clerk was correct, the committee may commence a new proceeding to summon a grand jury pursuant to this section or may proceed as provided in NRS 6.140. If the court finds that the determination of the clerk must be reversed, the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.