NRS306.040. Notification that number of signatures is sufficient; striking of names from petition; call for special election; legal challenge.

      1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

      2.  After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the Secretary of State to strike the person’s name from the petition. If the person demonstrates good cause therefor and the number of such requests received by the Secretary of State could affect the sufficiency of the petition, the Secretary of State shall strike the name of the person from the petition.

      3.  Not sooner than 10 days nor more than 20 days after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.

      4.  The call for a special election pursuant to subsection 3 or 6 must include, without limitation:

      (a) The last day on which a person may register to vote to qualify to vote in the special election;

      (b) The last day on which a petition to nominate other candidates for the office may be filed; and

      (c) Whether any person is entitled to vote in the special election pursuant to NRS 293.343 to 293.355, inclusive.

      5.  The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      6.  Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.

      (Added to NRS by 1960, 282; A 1963, 1386; 1981, 23; 1985, 1115; 1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767; 1999, 3563; 2001, 650; 2011, 2123)