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EDUC. INIT. v. COMM. TO PROTECT NEV. JOBS

No. 61996.

293 P.3d 874 (2013)

The EDUCATION INITIATIVE PAC, a Nevada Political Action Committee, Appellant, v. COMMITTEE TO PROTECT NEVADA JOBS, A Nevada Nonprofit Company; and Ross Miller, in his official capacity as the Nevada Secretary of State, Respondents.

Supreme Court of Nevada.

January 31, 2013.

Attorney(s) appearing for the Case

Dyer, Lawrence, Flaherty, Donaldson & Prunty and Michael W. Dyer , Francis C. Flaherty , and Sue S. Matuska , Carson City, for Appellant.

Brownstein Hyatt Farber Schreck, LLP, and Joshua J. Hicks , Las Vegas; Brownstein Hyatt Farber Schreck, LLP, and Sean D. Lytlle and Clark V. Vellis , Reno, for Respondent Committee to Protect Nevada Jobs.

Catherine Cortez Masto , Attorney General, and K. Kevin Benson , Deputy Attorney General, Carson City, for Respondent Secretary of State.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider the proper standard of review to be applied when reviewing the adequacy of a ballot initiative's description of effect. Nevada's Constitution permits the Legislature to provide procedures to facilitate the initiative process. In 2005, the Legislature enacted NRS 295.009(1)(b), which requires a ballot initiative to provide in 200 words or less a description of the effect of the initiative...

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