Assembly Bill No. 40–Assemblywoman Gibbons

Prefiled January 12, 1999

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing election of candidate to partisan office. (BDR 24-731)

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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; removing the requirement that a candidate for certain partisan offices who receives a majority of the votes in a primary election be declared the nominee for such an office; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 293.260 is hereby amended to read as follows:

1-2 293.260 1. Where there is no contest for nomination to a particular

1-3 office, neither the title of the office nor the name of the candidate may

1-4 appear on the ballot.

1-5 2. If more than one major political party has candidates for a particular

1-6 office, the persons who receive the highest number of votes at the primary

1-7 elections must be declared the nominees of those parties for the office.

1-8 3. If only one major political party has candidates for a particular office

1-9 and a minor political party has nominated a candidate for the office or an

1-10 independent candidate has filed for the office, the candidate who receives

1-11 the highest number of votes in the primary election of the major political

1-12 party must be declared the nominee of that party and his name must be

1-13 placed on the general election ballot with the name of the nominee of the

1-14 minor political party for the office and the name of the independent

1-15 candidate who has filed for the office.

1-16 4. If only one major political party has candidates for a particular office

1-17 and no minor political party has nominated a candidate for the office or no

1-18 independent candidate has filed for the office:

2-1 (a) If there are more candidates than twice the number to be elected to

2-2 the office, the names of the candidates must appear on the ballot for a

2-3 primary election. [Except as otherwise provided in this paragraph, the] The

2-4 candidates of that party who receive the highest number of votes in the

2-5 primary election, not to exceed twice the number to be elected to that office

2-6 at the general election, must be declared the nominees for the office. [If

2-7 only one candidate is to be elected to the office and a candidate receives a

2-8 majority of the votes in the primary election for that office, that candidate

2-9 must be declared the nominee for that office and his name must be placed

2-10 on the ballot for the general election.]

2-11 (b) If there are no more than twice the number of candidates to be

2-12 elected to the office, the candidates must, without a primary election, be

2-13 declared the nominees for the office.

2-14 5. Where no more than the number of candidates to be elected have

2-15 filed for nomination for any office, the names of those candidates must be

2-16 omitted from all ballots for a primary election and placed on all ballots for a

2-17 general election.

2-18 6. If there are more candidates than twice the number to be elected to a

2-19 nonpartisan office, the names of the candidates must appear on the ballot

2-20 for a primary election. Those candidates who receive the highest number of

2-21 votes at that election, not to exceed twice the number to be elected, must be

2-22 declared nominees for the office.

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