Section 306.040 - Notification that number of signatures is sufficient; procedure for striking name from petition within certain time after completion of signature verification; issuance of call for special election; legal challenge to petition1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the filing officer and the public officer who is the subject of the petition.2. A person who signs a petition to recall may request the filing officer to strike the person's name from the petition on or before the date that is the later of: (a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete; or(b) The date a complaint is filed pursuant to subsection 6.3. If the filing officer receives a request pursuant to subsection 2, the filing officer must strike the name of the person from the petition. If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call for a special election, and a special election must not be held to recall the public officer who is the subject of the petition.4. Except as otherwise provided in subsection 3, not sooner than 20 days and not later than 30 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 6, the filing officer shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.5. The call for a special election pursuant to subsection 4 or 7 must include, without limitation: (a) The last day on which a person may register to vote in order to qualify to vote in the special election pursuant to NRS 293.560 or 293C.527; and(b) The last day on which a petition to nominate other candidates for the office may be filed.6. The legal sufficiency of the petition, including without limitation, the validity of signatures on the petition, may be challenged by filing a complaint in district court not later than 15 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.7. Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not legally sufficient, it shall order the filing officer to cease any further proceedings regarding the petition.Added to NRS by 1960, 282; A 1963, 1386; 1981, 23; 1985, 1115; 1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767; 1999, 3563; 2001, 650; 2011, 2123; 2019, 1658, 4125; 2020, 32nd Special Session, 64; 2021, 1261Amended by 2021, Ch. 248,§86, eff. 1/1/2022.Amended by 2020SP2, Ch. 3,§83, eff. 8/3/2020.Amended by 2019, Ch. 619,§112.5, eff. 1/1/2020.Amended by 2019, Ch. 288,§23, eff. 6/1/2019.Added to NRS by 1960, 282; A 1963, 1386; 1981, 23; 1985, 1115; 1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767; 1999, 3563; 2001, 650; 2011, 2123