(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT A.B. 490
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ASSEMBLY BILL NO. 490–COMMITTEE ON JUDICIARY
MARCH 24, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the venue for certain
proceedings. (BDR 24-870)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 1
conferred by statute over certain proceedings, including, without limitation, judicial 2
review of final decisions made by the Secretary of State relating to: (1) the 3
designation of certain public buildings for use in gathering signatures on a petition 4
for initiative or referendum that proposes a constitutional amendment or statewide 5
measure; and (2) the verification of signatures on such a petition. (NRS 6
293.127565, 293.12795) Existing law also provides that whether such an initiative 7
or referendum embraces but one subject and matters necessarily connected 8
therewith and pertaining thereto, and the description of the effect of such an 9
initiative or referendum may be challenged by filing a complaint in the First 10
Judicial District Court. (NRS 295.061) 11
Sections 4-6 of this bill provide that instead of being limited to being filed only 12
in the First Judicial District Court, such petitions for judicial review or complaints, 13
as applicable, may be filed in a qualified district court, which is defined as: (1) the 14
First Judicial District Court, but only if the First Judicial District Court has 15
established and maintains an electronic filing, storage and reproduction process and 16
electronic access to its documents and hearings; or (2) any district court which has 17
at least five district judges and which has established and maintains an electronic 18
filing, storage and reproduction process and electronic access to its documents and 19
hearings. 20
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
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Sec. 2. (Deleted by amendment.) 1
Sec. 3. (Deleted by amendment.) 2
Sec. 4. NRS 293.127565 is hereby amended to read as 3
follows: 4
293.127565 1. At each building that is open to the general 5
public and occupied by the government of this State or a political 6
subdivision of this State or an agency thereof, other than a building 7
of a public elementary or secondary school, an area must be 8
designated for the use of any person to gather signatures on a 9
petition at any time that the building is open to the public. The area 10
must be reasonable and may be inside or outside of the building. 11
Each public officer or employee in control of the operation of a 12
building governed by this subsection shall: 13
(a) Designate the area at the building for the gathering of 14
signatures; and 15
(b) On an annual basis, submit to the Secretary of State and the 16
county clerk for the county in which the building is located a notice 17
of the area at the building designated for the gathering of signatures 18
on a petition. The Secretary of State and the county clerks shall 19
make available to the public a list of the areas at public buildings 20
designated for the gathering of signatures on a petition. 21
2. Before a person may use an area designated pursuant to 22
subsection 1, the person must notify the public officer or employee 23
in control of the operation of the building governed by subsection 1 24
of the dates and times that the person intends to use the area to 25
gather signatures on a petition. The public officer or employee may 26
not deny the person the use of the area. 27
3. Not later than 3 working days after the date of the decision 28
that aggrieved the person, a person aggrieved by a decision made by 29
a public officer or employee pursuant to subsection 1 or 2 may 30
appeal the decision to the Secretary of State. The Secretary of State 31
shall review the decision to determine whether the public officer or 32
employee violated subsection 1 or 2. If the Secretary of State 33
determines a public officer or employee violated subsection 1 or 2 34
and that a person was denied the use of a public building for the 35
purpose of gathering signatures on a petition, the Secretary of State 36
shall order that the deadline for filing the petition provided pursuant 37
to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.015 or 38
306.110 must be extended for a period equal to the time that the 39
person was denied the use of a public building for the purpose of 40
gathering signatures on a petition, but in no event may the deadline 41
be extended for a period of more than 5 days. 42
4. The decision of the Secretary of State is a final decision for 43
the purposes of judicial review. Not later than 7 days after the date 44
of the decision by the Secretary of State, the decision of the 45
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Secretary of State may [only] be appealed [in the First Judicial 1
District Court.] to a qualified district court. 2
5. If the [First Judicial District Court] district court to which a 3
decision has been appealed pursuant to subsection 4 determines 4
that the public officer or employee violated subsection 1 or 2 and 5
that a person was denied the use of a public building for the purpose 6
of gathering signatures on a petition, the [Court] district court shall 7
order that the deadline for filing the petition provided pursuant to 8
NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.015 or 9
306.110 must be extended for a period equal to the time that the 10
person was denied the use of a public building for the purpose of 11
gathering signatures on a petition, but in no event may the deadline 12
be extended for a period of more than 5 days. 13
[5.] 6. The Secretary of State may adopt regulations to carry 14
out the provisions of subsection 3. 15
7. As used in this section, “qualified district court” means: 16
(a) The First Judicial District Court, but only if the First 17
Judicial District Court has established and maintains: 18
(1) An electronic filing, storage and reproduction process; 19
and 20
(2) Electronic access to its documents and hearings; or 21
(b) Any district court which has at least five district judges and 22
which has established and maintains: 23
(1) An electronic filing, storage and reproduction process; 24
and 25
(2) Electronic access to its documents and hearings. 26
Sec. 5. NRS 293.12795 is hereby amended to read as follows: 27
293.12795 1. If an appeal is based upon the results of the 28
verification of signatures on a petition performed pursuant to NRS 29
293.1277 or 293.1279, the Secretary of State shall: 30
(a) If the Secretary of State finds for the appellant, order the 31
county clerk to recertify the petition, including as verified signatures 32
all contested signatures which the Secretary of State determines are 33
valid. If the county clerk has not yet removed each name as 34
requested pursuant to NRS 295.055 or pursuant to NRS 306.015 for 35
a petition to recall a public officer who holds a statewide office, the 36
county clerk shall do so before recertifying the petition. 37
(b) If the Secretary of State does not find for the appellant, 38
notify the appellant and the county clerk that the petition remains 39
insufficient. 40
2. If the Secretary of State is unable to make a decision on the 41
appeal based upon the documents submitted, the Secretary of State 42
may order the county clerk to reverify the signatures. 43
3. The decision of the Secretary of State is a final decision for 44
the purposes of judicial review. The decision of the Secretary of 45
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State may [only] be appealed [in the First Judicial District Court.] to 1
a qualified district court. 2
4. As used in this section, “qualified district court” means: 3
(a) The First Judicial District Court, but only if the First 4
Judicial District Court has established and maintains: 5
(1) An electronic filing, storage and reproduction process; 6
and 7
(2) Electronic access to its documents and hearings; or 8
(b) Any district court which has at least five district judges and 9
which has established and maintains: 10
(1) An electronic filing, storage and reproduction process; 11
and 12
(2) Electronic access to its documents and hearings. 13
Sec. 6. NRS 295.061 is hereby amended to read as follows: 14
295.061 1. Except as otherwise provided in subsection 3, 15
whether an initiative or referendum embraces but one subject and 16
matters necessarily connected therewith and pertaining thereto, and 17
the description of the effect of an initiative or referendum required 18
pursuant to NRS 295.009, may be challenged by filing a complaint 19
in [the First Judicial District Court] a qualified district court not 20
later than 15 days, Saturdays, Sundays and holidays excluded, after 21
a copy of the petition is placed on file with the Secretary of State 22
pursuant to NRS 295.015. All affidavits and documents in support 23
of the challenge must be filed with the complaint. The court shall set 24
the matter for hearing not later than 15 days after the complaint is 25
filed and shall give priority to such a complaint over all other 26
matters pending with the court, except for criminal proceedings. 27
2. The legal sufficiency of a petition for initiative or 28
referendum may be challenged by filing a complaint in a qualified 29
district court not later than 7 days, Saturdays, Sundays and holidays 30
excluded, after the petition is certified as sufficient by the Secretary 31
of State. All affidavits and documents in support of the challenge 32
must be filed with the complaint. The court shall set the matter for 33
hearing not later than 15 days after the complaint is filed and shall 34
give priority to such a complaint over all other matters pending with 35
the court, except for criminal proceedings. 36
3. If a description of the effect of an initiative or referendum 37
required pursuant to NRS 295.009 is challenged successfully 38
pursuant to subsection 1 and such description is amended in 39
compliance with the order of the court, the amended description 40
may not be challenged. 41
4. As used in this section, “qualified district court” means: 42
(a) The First Judicial District Court, but only if the First 43
Judicial District Court has established and maintains: 44
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(1) An electronic filing, storage and reproduction process; 1
and 2
(2) Electronic access to its documents and hearings; or 3
(b) Any district court which has at least five district judges and 4
which has established and maintains: 5
(1) An electronic filing, storage and reproduction process; 6
and 7
(2) Electronic access to its documents and hearings. 8
H