Pest Committee v. Miller

This appeal arises from the unsuccessful efforts by a group of organizations and individuals who desire to use Nevada’s initiative and referendum process to effectuate changes in Nevada law by placing initiatives on the Nevada ballot. These groups brought suit in federal court, asserting that certain of Nevada’s statutory requirements for ballot initiatives and referenda violate federal constitutional rights. The district court granted summary judgment in favor of Defendant Ross Miller, the Secretary of State for the state of Nevada. It determined that Nevada’s statutory single-subject, description-of-effect, and pre-election challenge provisions do not impose a severe burden on First Amendment rights, are permissible regulations of the state’s electoral process, and are not unconstitutionally vague. We affirm because we conclude that the district court did not err in dismissing Appellants’ claims.

I

Both before the district court and on appeal, the parties agree that the relevant facts in this case are undisputed. The salient uncontroverted facts are summarized here.

The Nevada Constitution provides that “the people reserve to themselves the power to propose, by…