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Education Freedom Pac V. Reid, 138 Nev. Adv. Op. 47 (June 28, 2022), Servando Martinez
Education Freedom Pac V. Reid, 138 Nev. Adv. Op. 47 (June 28, 2022), Servando Martinez
Nevada Supreme Court Summaries
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 …
Cegavske V. Hollowood, 138 Nev. Adv. Op. 46 (June 28, 2022), Servando Martinez
Cegavske V. Hollowood, 138 Nev. Adv. Op. 46 (June 28, 2022), Servando Martinez
Nevada Supreme Court Summaries
In an opinion drafted by Justice Stiglich, the Court considered whether initiative sponsors may withdraw a petition or whether an initiative petition’s signatories or the public acquire any rights in a petition. This appeal involves two verified initiative petitions to place questions on the ballot for the Nevada 2022 general election and the sponsors' withdrawal of the initiative petitions. Although Nevada law provides a procedure to withdraw an initiative petition and directs that “no further action may be taken on [a withdrawn] petition,”2 Secretary of State Barbara Cegavske refused to honor the withdrawals of the two petitions at issue here. …