Document Type

Case Summary

Publication Date

7-23-2022

Case Synopsis

This appeal comes from a district court order enjoining an initiative petition’s circulation and the initiative’s placement on the ballot. In an opinion drafted by Justice Hardesty, the Court considered whether the district court properly denied EFP’s request to dismiss the complaint because the district court had not set the matter for a hearing within 15 days. The Court acknowledges that, under the Nevada Constitution, an initiative petition cannot require appropriations or expenditures, must adequately inform potential signatories about the petition’s goal, and cannot invade the Legislature’s primary role of proposing and enacting laws. The Court concluded that that the initiative at hand failed to satisfy all three requirements and that the district court properly enjoined respondent Secretary of State from placing the initiative on the ballot and properly declined to dismiss the complaint despite not having set the hearing within that time frame.

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