AB 490 — Revises provisions relating to the venue for certain proceedings. (BDR 24-870)

(ReprintedAssembly withBill amendmentsNo. adopted on April 17, 2025) FIRST REPRINT A.B.

490490–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

490–COMMITTEE ON JUDICIARY M ARCH 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the venue for certain proceedings.

(BDR 24-870) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiUnder Counsel’sexisting Digest:law, the First Judicial District Court has exclusive jurisdiction conferred by statute over certain proceedings, including, without limitation, judicial review of final decisions made by the Secretary of State relating to:

Under(1) existing law, the Firstdesignation Judicialof Districtcertain Courtpublic hasbuildings exclusivefor jurisdictionuse conferredin bygathering statutesignatures overon certaina proceedings,petition including,for withoutinitiative limitation,or judicialreferendum reviewthat ofproposes finala decisionsconstitutional madeamendment byor thestatewide Secretarymeasure; of State relating to:

(1) the for initiative or referendum that proposes a constitutional amendment or statewideion measure;

(NRS 293.127565, 293.12795) Existing law also provides that whether such an initiative or referendum embraces but one subject and matters necessarily connectedconnectednitiative therewith and pertaining thereto, and the description of the effect of such an initiative or referendum may be challenged by filing a complaint in the First Judicial District Court.

(NRS 295.061) Sections 4-6 of this bill provide that instead of being limited to being filed only in the First Judicial District Court, such petitions for judicial review or complaints, asFirst applicable,Judicial mayDistrict beCourt, filedbut inonly aif qualifiedthe districtFirst court,Judicial whichDistrict isCourt definedhas(1) as:the established and maintains an electronic filing, storage and reproduction process and electronic access to its documents and hearings;

(1)or the(2) Firstany Judicialdistrict Districtcourt Court,which buthas onlyat ifleast thefive Firstdistrict Judicialjudges Districtand Courtwhich has established and maintains an electronic filing, storage and reproduction process and electronic access to its documents and hearings;hearings.

orEXPLANATION (2)– anyMatter districtin courtbolded whichitalics hasis atnew; least five district judges and which has established and maintains an electronic hearings.torage and reproduction process and electronic access to its documents and THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

(DeletedTHE byPEOPLE amendment.)OF -THE *AB490_R1*STATE –OF 2NEVADA, –REPRESENTED Sec.IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2.Sections 1-3.

3.

(Deleted by amendment.) Sec.

and (b)- On83rd anSession annual(2025) basis,– submit2 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 shall review the decision to determine whether the public officer or determines a public officer or employee violated subsection 1 or 2.2 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.

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.

Not later than 7 days after the date of the decision by the Secretary of State, the decision of the - *AB490_R1* – 3 – Secretary of State may [only] be appealed [in the First Judicial District Court.] to a qualified district court.

If the [First Judicial District Court] district court to which a decision has been appealed pursuant to subsection 4 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] district 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.]- 6.83rd Session (2025) – 3 – out the provisions of subsection 3.ay adopt regulations to carry 7.

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

7.

(a) If the Secretary of State finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the Secretary of State determines are valid.

The decision of the Secretary of - *AB490_R1* – 4 – State may [only] be appealed [in the First Judicial District Court.] to a qualifiedq4.lifAs used in this section, “qualified district court.court” means:

4.

As used in this section, “qualified district court” means:

- 83rd Session (2025) – 4 – (1) An electronic filing, storage and reproduction process;

Except as otherwise provided in subsection 3, whether an initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, and the description of the effect of an initiative or referendum required pursuant to NRS 295.009, may be challenged by filing a complaint in [the First Judicial District Court] a qualified district court not later than 15 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is placed on file with the Secretary of State pursuant to NRS 295.015.

All affidavits and documents in supportsupporttate of the challenge must be filed with the complaint.

- *AB490_R1* – 5 – (1) An electronic filing, storage and reproduction process;

and (1) An electronic filing, storage and reproduction process;

and (2) Electronic access to its documents and hearings.