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

§ 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.