TrustVoting Atlas

Use of public buildings to gather signatures on petitions;
remedy for violation; regulations.

1.  At each building that is open to the
general public and occupied by the government of this State or a political
subdivision of this State or an agency thereof, other than a building of a public
elementary or secondary school, an area must be designated for the use of any
person to gather signatures on a petition at any time that the building is open
to the public. The area must be reasonable and may be inside or outside of the
building. Each public officer or employee in control of the operation of a
building governed by this subsection shall:

(a) Designate the area at the building for the
gathering of signatures; and

(b) On an annual basis, submit to the Secretary
of State and the county clerk for the county in which the building is located a
notice of the area at the building designated for the gathering of signatures
on a petition. The Secretary of State and the county clerks shall make
available to the public a list of the areas at public buildings designated for
the gathering of signatures on a petition.

2.  Before a person may use an area designated
pursuant to subsection 1, the person must notify the public officer or employee
in control of the operation of the building governed by subsection 1 of the
dates and times that the person intends to use the area to gather signatures on
a petition. The public officer or employee may not deny the person the use of
the area.

3.  Not later than 3 working days after the
date of the decision that aggrieved the person, a person aggrieved by a
decision made by a public officer or employee pursuant to subsection 1 or 2 may
appeal the decision to the Secretary of State. The Secretary of State shall
review the decision to determine whether the public officer or employee
violated subsection 1 or 2. If the Secretary of State determines a public
officer or employee violated subsection 1 or 2 and that a person was denied the
use of a public building for the purpose of gathering signatures on a petition,
the Secretary of State shall order that the deadline for filing the petition
provided pursuant to NRS 293.128, 293.172, 293.200,
295.056, 298.109, 306.015
or 306.110 must be extended for a period
equal to the time that the person was denied the use of a public building for
the purpose of gathering signatures on a petition, but in no event may the
deadline be extended for a period of more than 5 days.

4.  The decision of the Secretary of State
is a final decision for the purposes of judicial review. Not later than 7 days
after the date of the decision by the Secretary of State, the decision of the
Secretary of State may only be appealed in the First Judicial District Court.
If the First Judicial District Court determines that the public officer or
employee violated subsection 1 or 2 and that a person was denied the use of a
public building for the purpose of gathering signatures on a petition, the
Court shall order that the deadline for filing the petition provided pursuant
to NRS 293.128, 293.172, 293.200,
295.056, 298.109, 306.015
or 306.110 must be extended for a period
equal to the time that the person was denied the use of a public building for
the purpose of gathering signatures on a petition, but in no event may the
deadline be extended for a period of more than 5 days.

5.  The Secretary of State may adopt
regulations to carry out the provisions of subsection 3.