Assembly Bill No. 242–Assemblymen McClain, Koivisto, Freeman, Giunchigliani, Arberry, Parnell, Parks, Neighbors, Lee, Buckley, Perkins, Hettrick, Cegavske, Humke, Chowning, de Braga, Mortenson, Claborn, Gustavson, Angle, Leslie, Brower, Evans, Carpenter, Williams, Thomas, Gibbons, Price, Beers and Segerblom
February 15, 1999
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Joint Sponsors: Senators O’Connell, Porter, Amodei, Shaffer, Titus, Washington and Wiener
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Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Revises period of residency for certain candidates for public office. (BDR 24-1015)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 293.1755 is hereby amended to read as follows: 293.1755 1.1-3
1-4
is not eligible to be a candidate for any office unless, for at least1-5
6 months before the1-6
declaration of candidacy or1-7
the office which he seeks, he has been a legal resident of the state, district,1-8
county, township or other area prescribed by law to which the office1-9
pertains and, if elected, over which he will have jurisdiction or which he1-10
will represent.2-1
2.2-2
candidacy or declaration of candidacy which contains a false statement in2-3
this respect is guilty of a gross misdemeanor.2-4
3.2-5
is disqualified from entering upon the duties of the office for which he was2-6
a candidate.2-7
4. The provisions of this section do not apply to candidates for the2-8
office of district attorney.2-9
Sec. 2. NRS 293.177 is hereby amended to read as follows:2-10
293.177 1. Except as otherwise provided in NRS 293.165, a name2-11
may not be printed on a ballot to be used at a primary election unless the2-12
person named has filed a declaration of candidacy or an acceptance of2-13
candidacy2-14
first Monday in May of the year in which the election is to be held2-15
and not later than 5 p.m. on the third Monday in May.2-16
2. A declaration of candidacy or an acceptance of candidacy required2-17
to be filed2-18
following form:2-19
(a) For partisan office:2-20
Declaration of Candidacy of ........ for the2-21
Office of ................2-22
State of Nevada2-23
County of2-24
For the purpose of having my name placed on the official ballot as a2-25
candidate for the ................ Party nomination for the office of ………, I,2-26
the undersigned …….., do swear or affirm under penalty of perjury that I2-27
reside at ………., in the City or Town of ……., County of ………., State2-28
of Nevada; that my actual residence in the state, district, county, township2-29
2-30
2-31
2-32
this office; that I am registered as a member of the ................ Party; that I2-33
have not, in violation of the provisions of NRS 293.176, changed the2-34
designation of my political party or political party affiliation on an official2-35
application to register to vote in any state since September 1 before the2-36
closing filing date for this election; that I generally believe in and intend to2-37
support the concepts found in the principles and policies of that political2-38
party in the coming election; that if nominated as a candidate of the2-39
................ Party at the ensuing election I will accept that nomination and3-1
not withdraw; that I will not knowingly violate any election law or any law3-2
defining and prohibiting corrupt and fraudulent practices in campaigns and3-3
elections in this state; that I will qualify for the office if elected thereto,3-4
including, but not limited to, complying with any limitation prescribed by3-5
the constitution and laws of this state concerning the number of years or3-6
terms for which a person may hold the office; and that I understand that3-7
my name will appear on all ballots as designated in this declaration.3-8
3-9
(Designation of name)3-10
3-11
(Signature of candidate for office)3-12
Subscribed and sworn to before3-13
me this ..... day of ........, 19...3-14
3-15
Notary Public or other person3-16
authorized to administer an oath3-17
(b) For nonpartisan office:3-18
Declaration of Candidacy of ........ for the3-19
Office of ................3-20
State of Nevada3-21
County of3-22
For the purpose of having my name placed on the official ballot as a3-23
candidate for the office of ................, I, the undersigned ................, do3-24
swear or affirm under penalty of perjury that I reside at ………, in the City3-25
or Town of ……., County of ………, State of Nevada; that my actual3-26
residence in the state, district, county, township3-27
prescribed by law to which the office pertains began3-28
3-29
3-30
that if nominated as a nonpartisan candidate at the ensuing election I will3-31
accept the nomination and not withdraw; that I will not knowingly violate3-32
any election law or any law defining and prohibiting corrupt and3-33
fraudulent practices in campaigns and elections in this state; that I will3-34
qualify for the office if elected thereto, including, but not limited to,3-35
complying with any4-1
limitation prescribed by the constitution and laws of this state concerning4-2
the number of years or terms for which a person may hold the office; and4-3
my name will appear on all ballots as designated in this declaration.4-4
4-5
(Designation of name)4-6
4-7
(Signature of candidate for office)4-8
Subscribed and sworn to before4-9
me this ..... day of ........, 19...4-10
4-11
Notary Public or other person4-12
authorized to administer an oath4-13
3. A person may be a candidate under his given name and surname, a4-14
contraction or familiar form of his given name followed by his surname or4-15
the initial of his given name followed by his surname. A nickname of not4-16
more than 10 letters may be incorporated into4-17
name of a candidate. The nickname must be in quotation marks and4-18
appear immediately before the4-19
candidate. A nickname must not indicate any political, economic, social or4-20
religious view or affiliation and must not be the name of any person, living4-21
or dead, whose reputation is known on a statewide, nationwide or4-22
worldwide basis, or in any other manner deceive a voter regarding the4-23
person or principles for which he is voting.4-24
4. The address of a candidate which must be included in the4-25
declaration of candidacy or acceptance of candidacy pursuant to subsection4-26
2 must be the street address of the residence where he actually resides, if4-27
one has been assigned. The declaration or acceptance of candidacy must4-28
not be accepted for filing if the4-29
listed as a post office box unless a street address has not been assigned to4-30
his residence.4-31
Sec. 3. NRS 293C.185 is hereby amended to read as follows: 293C.185 1. Except as otherwise provided in NRS 293C.190, a4-33
name may not be printed on a ballot to be used at a primary city election,4-34
unless the person named has filed a declaration of candidacy or an4-35
acceptance of candidacy and paid the fee established by the governing4-36
body of the city not earlier than 40 days before the primary city election4-37
and not later than 5 p.m. on the 30th day before the primary city election.4-38
2. A declaration of candidacy required to be filed by this section must4-39
be in substantially the following form:5-1
Declaration of Candidacy of ........ for the5-2
Office of ................5-3
State of Nevada5-4
City of5-5
For the purpose of having my name placed on the official ballot as a5-6
candidate for the office of ................, I, the undersigned ................, do5-7
swear or affirm under penalty of perjury that I reside at ......................, in5-8
the City or Town of ................, County of .................., State of Nevada;5-9
that my actual residence in the city, township or other area prescribed by5-10
law to which the office pertains began5-11
6 months before the5-12
filing a declaration of candidacy for this office; that if nominated as a5-13
candidate at the ensuing election I will accept the nomination and not5-14
withdraw; that I will not knowingly violate any election law or any law5-15
defining and prohibiting corrupt and fraudulent practices in campaigns and5-16
elections in this state; that I will qualify for the office if elected thereto,5-17
including, but not limited to, complying with any limitation prescribed by5-18
the constitution and laws of this state concerning the number of years or5-19
terms for which a person may hold the office; and my name will appear on5-20
all ballots as designated in this declaration.5-21
5-22
(Designation of name)5-23
5-24
(Signature of candidate for office)5-25
Subscribed and sworn to before5-26
me this ..... day of ........, 19...5-27
5-28
Notary Public or other person5-29
authorized to administer an oath5-30
3. A person may be a candidate under his given name and surname, a5-31
contraction or familiar form of his given name followed by his surname or5-32
the initial of his given name followed by his surname. A nickname of not5-33
more than 10 letters may be incorporated into5-34
name of a candidate. The nickname must be in quotation marks and5-35
appear immediately before the5-36
candidate. A nickname must not indicate any political, economic, social or6-1
religious view or affiliation and must not be the name of any person, living6-2
or dead, whose reputation is known on a statewide, nationwide or6-3
worldwide basis, or in any other manner deceive a voter concerning the6-4
person or principles for which he is voting.6-5
4. The address of a candidate that must be included in the declaration6-6
or acceptance of candidacy pursuant to subsection 2 must be the street6-7
address of the residence where he actually resides, if one has been6-8
assigned. The declaration or acceptance of candidacy must not be accepted6-9
for filing if the6-10
office box unless a street address has not been assigned to his residence.6-11
Sec. 4. NRS 293C.200 is hereby amended to read as follows: 293C.200 1.6-13
6-14
is not eligible to be a candidate for a city office unless, for at least6-15
6-16
last day for filing a declaration of candidacy or an acceptance of6-17
candidacy for the office that he seeks, he has been a legal resident of the6-18
city or other area prescribed by law to which the office pertains and, if6-19
elected, over which he will have jurisdiction or which he will represent.6-20
2.6-21
candidacy or an acceptance of candidacy that contains a false statement in6-22
this respect is guilty of a gross misdemeanor.6-23
3.6-24
is disqualified from entering upon the duties of the office for which he was6-25
a candidate.6-26
Sec. 5. The amendatory provisions of this act do not apply to offenses6-27
that were committed before July 1, 1999.6-28
Sec. 6. This act becomes effective on July 1, 1999.~