Assembly Bill No. 444–Committee on Elections,
Procedures, and Ethics
(On Behalf of Secretary of State)
March 10, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes concerning city elections. (BDR 24-975)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
~
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. Chapter 293 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. "City of the second class" means a city:1-4
1. Organized pursuant to the provisions of chapter 266 of NRS; or1-5
2. Incorporated pursuant to a special charter,1-6
whose population is more than 5,000 and less than 20,000.1-7
Sec. 3. "City of the third class" means a city:1-8
1. Organized pursuant to the provisions of chapter 266 of NRS; or2-1
2. Incorporated pursuant to a special charter,2-2
whose population is 5,000 or less.2-3
Sec. 4. NRS 293.010 is hereby amended to read as follows: 293.010 As used in this Title, unless the context otherwise requires,2-5
the words and terms defined in NRS 293.013 to 293.121, inclusive, and2-6
sections 2 and 3 of this act, have the meanings ascribed to them in those2-7
sections.2-8
Sec. 5. NRS 293.038 is hereby amended to read as follows: 293.038 "City of the first class "2-10
2-11
1. Organized pursuant to the provisions of chapter 266 of NRS; or2-12
2. Incorporated pursuant to a special charter,2-13
2-14
2-15
Sec. 6. NRS 293.214 is hereby amended to read as follows: 293.214 The county2-17
place for a precinct in any residential development exclusively for elderly2-18
persons if:2-19
1. More than 100 of the residents of the development are registered to2-20
vote;2-21
2. There is a common area which is adequate and available; and2-22
3. The owner of the development consents to the establishment of the2-23
polling place on his property.2-24
Sec. 7. NRS 293.2175 is hereby amended to read as follows:2-25
293.2175 1. The county2-26
trainee for the position of election board officer. To qualify for such an2-27
appointment, the pupil must be:2-28
(a) A United States citizen, a resident of Nevada and a resident of the2-29
county in which he serves;2-30
(b) Enrolled as a senior in high school;2-31
(c) At the time of service, enrolled in or have completed a high school2-32
course in American government in accordance with NRS 389.020; and2-33
(d) Performing at an academic level deemed acceptable by the principal2-34
of the pupil’s high school.2-35
2. The county2-36
(a) The pupil is appointed without party affiliation;2-37
(b) The county2-38
date and hours the pupil, upon approval, will act as trainee;2-39
(c) At least 20 days before the election in which the pupil will act as2-40
trainee, the principal of his high school receives the county2-41
certificate and a written request signed by his parent or guardian to be2-42
excused from school for the time specified in the certificate;2-43
(d) The principal of the high school approves the pupil’s request; and3-1
(e) The pupil attends the training class required by NRS 293B.260.3-2
3. The county3-3
county3-4
not require the trainee to perform those duties later than 10 p.m. or any3-5
applicable curfew, whichever is earlier.3-6
4. The county3-7
at the same rate fixed for election board officers generally.3-8
Sec. 8. NRS 293.220 is hereby amended to read as follows:3-9
293.220 Upon the selection of persons to act as election board officers3-10
pursuant to NRS 293.217 or as trainees pursuant to NRS 293.2175, the3-11
county3-12
the appointments to those persons.3-13
Sec. 9. NRS 293.223 is hereby amended to read as follows:3-14
293.223 If any person appointed to serve as an election board officer3-15
pursuant to NRS 293.217 or as a trainee pursuant to NRS 293.2175 is3-16
unwilling to serve as appointed, he shall notify the county3-17
within 5 days after receipt of the notification that he is unwilling to serve,3-18
whereupon the county3-19
voter to serve at the election.3-20
Sec. 10. NRS 293.227 is hereby amended to read as follows: 293.227 1. Each election board consists of at least three members,3-22
one of whom must be designated chairman by the county or city clerk. The3-23
boards shall make the records of election required by this chapter.3-24
2. The appointment of a trainee as set forth in NRS 293.2175 and3-25
section 16 of this act may be used to determine the number of members on3-26
the election board, but under no circumstances may trainees comprise more3-27
than one-third of the election board of any precinct or serve as chairman of3-28
the election board.3-29
3. The county or city clerk shall conduct or cause to be conducted, at3-30
least 5 days before the date of the election for which the boards are3-31
appointed, a school to acquaint the chairmen with the election laws, duties3-32
of election boards, regulations of the secretary of state and with the3-33
procedure for making the records of election and using the register for3-34
election boards. If the person appointed chairman is unable for any reason3-35
to attend the school, he shall appoint some other member of his election3-36
board to attend the school in his stead.3-37
4. The board of county commissioners of any county or the city3-38
council of any city may reimburse the chairmen or their3-39
designees who attend the school for their travel expenses at a rate not3-40
exceeding 10 cents per mile.3-41
5. Each chairman shall instruct his board before election day.4-1
Sec. 11. NRS 293.274 is hereby amended to read as follows:4-2
293.274 1. The county4-3
general public to observe the conduct of voting at a polling place.4-4
2. A member of the general public shall not photograph the conduct of4-5
voting at a polling place or record the conduct of voting on audiotape or4-6
any other means of sound or video reproduction.4-7
3. For the purposes of this section, a member of the general public4-8
does not include any person who:4-9
(a) Gathers information for communication to the public;4-10
(b) Is employed or engaged by or has contracted with a newspaper,4-11
periodical, press association or radio or television station; and4-12
(c) Is acting solely within his professional capacity.4-13
Sec. 12. NRS 293.465 is hereby amended to read as follows: 293.465 If an election is prevented in any precinct or district by reason4-15
of the loss or destruction of the ballots intended for that precinct, or any4-16
other cause, the election officers for that precinct or district shall make an4-17
affidavit setting forth that fact and transmit it to the appropriate board of4-18
county commissioners .4-19
upon the application of any candidate for any office to be voted for by the4-20
registered voters of that precinct or district, the board of county4-21
commissioners4-22
or district.4-23
Sec. 13. Chapter 293C of NRS is hereby amended by adding thereto4-24
the provisions set forth as sections 14 to 25, inclusive, of this act.4-25
Sec. 14. Not later than 30 days before the primary city election and4-26
the primary general election, the city clerk shall cause to be published a4-27
notice of the election in a newspaper of general circulation in the city4-28
once a week for 2 successive weeks. If a newspaper of general circulation4-29
is not published in the city, the publication may be made in a newspaper4-30
of general circulation published within the county in which the city is4-31
located. If a newspaper of general circulation is not published in that4-32
county, the publication may be made in a newspaper of general4-33
circulation published in the nearest Nevada county. The notice must4-34
contain:4-35
1. The date of the election.4-36
2. The location of the polling places.4-37
3. The hours during which the polling places will be open for voting.4-38
4. The names of the candidates.4-39
5. A list of the offices to which the candidates seek nomination or4-40
election.5-1
Sec. 15. The city clerk shall establish at least one polling place for a5-2
precinct in any residential development exclusively for elderly persons if:5-3
1. More than 100 of the residents of the development are registered5-4
to vote;5-5
2. There is a common area in the development which is adequate and5-6
available; and5-7
3. The owner of the development consents to the establishment of the5-8
polling place on his property.5-9
Sec. 16. 1. The city clerk may appoint a pupil as a trainee for the5-10
position of election board officer. To qualify for such an appointment,5-11
the pupil must be:5-12
(a) A United States citizen, a resident of Nevada and a resident of the5-13
city in which he serves;5-14
(b) Enrolled as a senior in high school;5-15
(c) At the time of service, enrolled in or have completed a high school5-16
course in American government in accordance with NRS 389.020; and5-17
(d) Performing at an academic level deemed acceptable by the5-18
principal of the pupil’s high school.5-19
2. The city clerk may only appoint a pupil as a trainee if:5-20
(a) The pupil is appointed without party affiliation;5-21
(b) The city clerk sends the pupil a certificate stating the date and5-22
hours the pupil, upon approval, will act as a trainee;5-23
(c) At least 20 days before the election in which the pupil will act as a5-24
trainee, the principal of his high school receives the city clerk’s5-25
certificate and a written request signed by his parent or guardian to be5-26
excused from school for the time specified in the certificate;5-27
(d) The principal of the high school approves the pupil’s request; and5-28
(e) The pupil attends the training class required by NRS 293B.260.5-29
3. The city clerk may assign a trainee such duties as the city clerk5-30
deems appropriate. The city clerk shall not require the trainee to perform5-31
those duties later than 10 p.m., or any applicable curfew, whichever is5-32
earlier.5-33
4. The city clerk may compensate a trainee for his service at the same5-34
rate fixed for election board officers generally.5-35
Sec. 17. Upon the selection of persons to act as election board5-36
officers pursuant to NRS 293C.220 or as trainees pursuant to section 165-37
of this act, the city clerk shall deliver, by mail or other means,5-38
notifications of the appointments to those persons.5-39
Sec. 18. If any person appointed to serve as an election board officer5-40
pursuant to NRS 293C.220 or as a trainee pursuant to section 16 of this5-41
act is unwilling to serve as appointed, he shall notify the city clerk within5-42
5 days after receipt of the notification that he is unwilling to serve,6-1
whereupon the city clerk shall appoint some other registered voter to6-2
serve at the election.6-3
Sec. 19. An absent ballot for a city election or a ballot for a city6-4
election voted by a voter who resides in a mailing precinct must be voted6-5
on a paper ballot or a ballot which is voted by punching a card.6-6
Sec. 20. 1. A ballot prepared for use in a city election must be6-7
dated and marked in such a manner as to indicate clearly at which city6-8
election the ballot will be used.6-9
2. If a ballot includes a detachable stub, both the ballot and the stub6-10
must include the date of the city election and indicate clearly at which6-11
city election the ballot will be used.6-12
3. If a ballot includes a voting receipt which has two parts, each part6-13
of the voting receipt must include the date of the city election and6-14
indicate clearly at which city election the ballot will be used.6-15
Sec. 21. 1. The city clerk shall allow members of the general6-16
public to observe the conduct of voting at a polling place for a city6-17
election.6-18
2. A member of the general public shall not photograph the conduct6-19
of voting at a polling place for a city election or record the conduct of6-20
voting on audiotape or any other means of sound or video reproduction.6-21
3. For the purposes of this section, a member of the general public6-22
does not include any person who:6-23
(a) Gathers information for communication to the public;6-24
(b) Is employed or engaged by or has contracted with a newspaper,6-25
periodical, press association or radio or television station; and6-26
(c) Is acting solely within his professional capacity.6-27
Sec. 22. 1. During the period specified in subsection 2 of NRS6-28
293C.327 when the city clerk’s office is maintained with suitable6-29
equipment for voting an absent ballot in person:6-30
(a) A person may not electioneer for or against any candidate,6-31
measure or political party in or within 100 feet from the entrance to the6-32
city clerk’s office.6-33
(b) The city clerk shall keep continuously posted:6-34
(1) At each entrance to the city clerk’s office, a sign on which is6-35
printed in large letters "Polling Place for Voting Absent Ballots"; and6-36
(2) At the outer limits of the area within which electioneering is6-37
prohibited, a sign on which is printed in large letters "Distance Marker:6-38
No electioneering between this point and any entrance to the city clerk’s6-39
office."6-40
2. Ropes or other suitable objects may be used at the city clerk’s6-41
office to ensure compliance with this section.6-42
3. Any person who willfully violates the provisions of this section is6-43
guilty of a gross misdemeanor.7-1
Sec. 23. A certificate of election or commission must not be withheld7-2
from the person having the highest number of votes for the city office7-3
because of any contest of election filed in the city election or any defect7-4
or informality in the returns of any city election, if it can be ascertained7-5
with reasonable certainty from the returns what city office is intended7-6
and who is entitled to the certificate or commission.7-7
Sec. 24. Each container used to transport official ballots to a central7-8
counting place pursuant to NRS 293C.3602, 293C.630 and 293C.6357-9
must:7-10
1. Be constructed of metal or any other rigid material; and7-11
2. Contain a seal which is placed on the container to ensure7-12
detection of any opening of the container.7-13
The container and seal must be separately numbered for identification.7-14
Sec. 25. If a city election is prevented in any precinct or district by7-15
reason of the loss or destruction of the ballots intended for that precinct7-16
or district, or any other cause, the election officers for that precinct or7-17
district shall make an affidavit setting forth that fact and transmit it to7-18
the governing body of the appropriate city. Upon receipt of the affidavit7-19
and upon the application of any candidate for any city office to be voted7-20
for by the registered voters of that precinct or district, the governing body7-21
of the city shall order a new election in that precinct or district.7-22
Sec. 26. NRS 293C.145 is hereby amended to read as follows: 293C.145 1. A general city election must be held in each city of the7-24
third class on the first Tuesday after the first Monday in June of the first7-25
odd-numbered year after incorporation, and on the same day every 2 years7-26
thereafter, as determined by ordinance.7-27
2. There must be one mayor and three or five councilmen, as the city7-28
council shall provide, by ordinance, for each city of the third class. The7-29
terms of office of the mayor and the councilmen are 4 years, which terms7-30
must be staggered. The mayor and councilmen elected to office7-31
immediately after incorporation shall decide, by lot, among themselves7-32
which two of their offices expire at the next general city election, and7-33
thereafter the terms of office must be 4 years. If a city council thereafter7-34
increases the number of councilmen, it shall, by lot, stagger the initial7-35
terms of the additional members.7-36
3. A candidate for any office to be voted for at the general city election7-37
must file a declaration of candidacy with the city clerk not less than 607-38
days nor more than 70 days before the day of the general city election. The7-39
city clerk shall charge and collect from the candidate and the candidate7-40
must pay to the city clerk, at the time of filing the declaration of candidacy,7-41
a filing fee in an amount fixed by the city council by ordinance7-42
resolution.8-1
4. Candidates for mayor must be voted upon by the electors of the city8-2
at large. Candidates for councilmen must be voted upon by the electors of8-3
their respective wards to represent the wards in which they reside or by the8-4
electors of the city at large in accordance with the provisions of chapter8-5
266 of NRS.8-6
Sec. 27. NRS 293C.175 is hereby amended to read as follows: 293C.175 1. A primary city election must be held in each city of the8-8
first class, and in each city of the second class that has so provided by8-9
ordinance, on the first Tuesday after the first Monday in May of every year8-10
in which a general city election is to be held, at which time there must be8-11
nominated candidates for offices to be voted for at the next general city8-12
election.8-13
2. A candidate for any office to be voted for at the primary city8-14
election must file a declaration of candidacy with the city clerk not less8-15
than 60 days nor more than 70 days before the date of the primary city8-16
election. The city clerk shall charge and collect from the candidate and the8-17
candidate must pay to the city clerk, at the time of filing the declaration of8-18
candidacy, a filing fee in an amount fixed by the governing body of the8-19
city8-20
the city clerk must be deposited to the credit of the general fund of the city.8-21
3. All candidates, except as otherwise provided in NRS 266.220, must8-22
be voted upon by the electors of the city at large.8-23
4. If, in a primary city election held in a city of the first or second8-24
class, one candidate receives more than a majority of votes cast in that8-25
election for the office for which he is a candidate, his name alone must be8-26
placed on the ballot for the general city election. If, in the primary city8-27
election, no candidate receives a majority of votes cast in that election for8-28
the office for which he is a candidate, the names of the two candidates8-29
receiving the highest number of votes must be placed on the ballot for the8-30
general city election.8-31
Sec. 28. NRS 293C.180 is hereby amended to read as follows: 293C.180 1.8-33
at 5 p.m. on the last day for filing a declaration of candidacy, there is only8-34
one candidate who has filed for nomination for an office, that candidate8-35
must be declared elected and no election may be held for that office.8-36
2. Except as otherwise provided in subsection 1, if not more than twice8-37
the number of candidates to be elected have filed for nomination for an8-38
office, the names of those candidates must be omitted from all ballots for a8-39
primary city election and placed on all ballots for a general city election.8-40
3. If more than twice the number of candidates to be elected have filed8-41
for nomination for an office, the names of the candidates must appear on9-1
the ballot for a primary city election. Except as otherwise provided in9-2
subsection 4 of NRS 293C.175, those candidates who receive the highest9-3
number of votes at that election, not to exceed twice the number to be9-4
elected, must be declared nominees for the office.9-5
Sec. 29. NRS 293C.185 is hereby amended to read as follows: 293C.185 1. Except as otherwise provided in NRS 293C.190, a9-7
name may not be printed on a ballot to be used at a primary city election,9-8
unless the person named has filed a declaration of candidacy or an9-9
acceptance of candidacy and paid the fee established by the governing9-10
body of the city not earlier than9-11
election and not later than 5 p.m. on the9-12
city election.9-13
2. A declaration of candidacy required to be filed by this section must9-14
be in substantially the following form:9-15
Declaration of Candidacy of ........ for the9-16
Office of ................9-17
State of Nevada9-18
9-19
City of9-20
For the purpose of having my name placed on the official ballot as a9-21
candidate for the office of ................, I, the undersigned ................, do9-22
swear or affirm under penalty of perjury that I reside at ......................, in9-23
the City or Town of ................, County of .................., State of Nevada;9-24
that my actual residence in the city, township or other area prescribed by9-25
law to which the office pertains began on a date 30 days or more before the9-26
date of the close of filing of declarations of candidacy for this office; that if9-27
nominated as a candidate at the ensuing election I will accept the9-28
nomination and not withdraw; that I will not knowingly violate any9-29
election law or any law defining and prohibiting corrupt and fraudulent9-30
practices in campaigns and elections in this state; that I will qualify for the9-31
office if elected thereto, including, but not limited to, complying with any9-32
limitation prescribed by the constitution and laws of this state concerning9-33
the number of years or terms for which a person may hold the office; and9-34
my name will appear on all ballots as designated in this declaration.9-35
9-36
(Designation of name)9-37
9-38
(Signature of candidate for office)10-1
Subscribed and sworn to before10-2
me this ..... day of ........, 19...10-3
10-4
Notary Public or other person10-5
authorized to administer an oath10-6
3. A person may be a candidate under his given name and surname, a10-7
contraction or familiar form of his given name followed by his surname or10-8
the initial of his given name followed by his surname. A nickname of not10-9
more than 10 letters may be incorporated into a candidate’s name. The10-10
nickname must be in quotation marks and appear immediately before the10-11
candidate’s surname. A nickname must not indicate any political,10-12
economic, social or religious view or affiliation and must not be the name10-13
of any person, living or dead, whose reputation is known on a statewide,10-14
nationwide or worldwide basis, or in any other manner deceive a voter10-15
concerning the person or principles for which he is voting.10-16
4. The address of a candidate that must be included in the declaration10-17
or acceptance of candidacy pursuant to subsection 2 must be the street10-18
address of the residence where he actually resides, if one has been10-19
assigned. The declaration or acceptance of candidacy must not be accepted10-20
for filing if the candidate’s address is listed as a post office box unless a10-21
street address has not been assigned to his residence.10-22
Sec. 30. NRS 293C.190 is hereby amended to read as follows: 293C.190 1.10-24
If, at 5 p.m. on the last day for filing, only one person has filed a10-25
declaration of candidacy or acceptance of candidacy for a city office and10-26
a vacancy occurs in that candidacy after the close of filing and before the10-27
first Tuesday after the first Monday in May in a year in which a general10-28
city election is held , the vacancy must be filled by filing a nominating10-29
petition that is signed by at least 1 percent of the persons who are10-30
registered to vote and who voted for that office at the last preceding10-31
general city election. The petition must be filed not earlier than 30 days10-32
before the date of the primary city election and not later than the third10-33
Tuesday after the third Monday in May. A candidate nominated pursuant10-34
to the provisions of this subsection may be elected only at a general city10-35
election and his name must not appear on the ballot for a primary city10-36
election.10-37
2. A vacancy occurring in a nomination for a city office after a10-38
primary city election and before the second Tuesday after the second10-39
Monday in May must be filled by the person who received the next highest10-40
vote for the nomination in the primary city election.11-1
3. Except to place a candidate nominated pursuant to subsection 1 on11-2
the ballot, no change may be made on the ballot after the second Tuesday11-3
after the second Monday in May of the year in which the general city11-4
election is held. If a nominee dies after that date, his name must remain on11-5
the ballot and, if elected, a vacancy exists.11-6
4. All designations provided for in this section must be filed before 511-7
p.m. on the second Tuesday after the second Monday in May of the year in11-8
which the general city election is held. The filing fee must be paid and an11-9
acceptance of the designation must be filed before 5 p.m. on that date.11-10
Sec. 31. NRS 293C.220 is hereby amended to read as follows: 293C.220 1. The city clerk shall appoint and notify registered voters11-12
to act as election board officers for the various precincts and districts in the11-13
city as provided in NRS11-14
293.227, 293C.230 to 293C.250, inclusive, and sections 17 and 18 of this11-15
act and NRS 293C.382, and shall conclude those duties not later than 3111-16
days before the election. No candidate for nomination or election or his11-17
relative within the second degree of consanguinity or affinity may be11-18
appointed as an election board officer. Immediately after election board11-19
officers are appointed, if requested by the city clerk, the chief law11-20
enforcement officer of the city shall:11-21
11-22
central election board or the absent ballot central counting board; or11-23
11-24
for each polling place and for the central election board or the absent ballot11-25
central counting board. The deputized officer may not receive any11-26
additional compensation for the services he provides as an officer during11-27
the election for which he is deputized.11-28
Officers so appointed and deputized shall preserve order during hours of11-29
voting and attend the closing of the polls.11-30
2. The city clerk may appoint a trainee for the position of election11-31
board officer as set forth in section 16 of this act.11-32
Sec. 32. NRS 293C.295 is hereby amended to read as follows: 293C.295 1. If a person is successfully challenged on the ground set11-34
forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person11-35
refuses to provide an affirmation pursuant to NRS 293C.525, the election11-36
board shall instruct the voter that he may vote only at the special polling11-37
place in the manner set forth in this section.11-38
2. The city clerk shall maintain11-39
11-40
each election. The ballots voted at the special polling place must be kept11-41
separate from the ballots of voters who have not been so challenged or11-42
who have provided an affirmation pursuant to NRS 293C.525 in:12-1
(a) A special ballot box if the ballots are paper ballots or ballots that are12-2
voted by punching a card; or12-3
(b) A special sealed container if the ballots are ballots that are voted on12-4
a mechanical recording device which directly records the votes12-5
electronically.12-6
3. A person who votes at a special polling place may place his vote12-7
only for the following offices and questions:12-8
(a) All officers for whom all voters in the city may vote; and12-9
(b) Questions that have been submitted to all voters of the city.12-10
4. The ballots voted at the special polling place must be counted when12-11
other ballots are counted and:12-12
(a) If the ballots are paper ballots or ballots that are voted by punching a12-13
card, maintained in a separate ballot box; or12-14
(b) If the ballots are ballots that are voted on a mechanical recording12-15
device that directly records the votes electronically, maintained in a12-16
separate sealed container,12-17
until any contest of election is resolved or the date for filing a contest of12-18
election has passed, whichever is later.12-19
Sec. 33. NRS 293C.327 is hereby amended to read as follows: 293C.327 1. If a request for an absent ballot is made by a registered12-21
voter in person, the city clerk shall issue an absent ballot to the registered12-22
voter, and the ballot must be voted on the premises of the city clerk’s12-23
office and returned to the city clerk. The city clerk shall follow the same12-24
procedure as in the case of absent ballots received by mail.12-25
2. At least12-26
election until 5:00 p.m. on:12-27
(a) The Friday before the election; or12-28
(b) If the office of a city clerk is not scheduled to be open on the Friday12-29
before the election, the Thursday before the election,12-30
each city clerk shall provide a voting booth, with suitable equipment for12-31
voting, on the premises of his office for use by registered voters who are12-32
issued absent ballots in accordance with this section.12-33
Sec. 34. NRS 293C.3598 is hereby amended to read as follows: 293C.3598 1. A ballot board for early voting must be appointed by12-35
the city clerk to handle early voting ballots for that city.12-36
2. The board must consist of two12-37
12-38
12-39
12-40
relative within the second degree of consanguinity or affinity may be12-41
appointed as an election board member.13-1
Sec. 35. Section 5.010 of the charter of Carson City, being chapter13-2
213, Statutes of Nevada 1969, as last amended by chapter 686, Statutes of13-3
Nevada 1997, at page 3478, is hereby amended to read as follows:13-4
Sec. 5.010 Primary election.13-5
1. A primary election must be held on the date fixed by the13-6
election laws of this state13-7
there must be nominated candidates for offices to be voted for at13-8
the next general election.13-9
2. A candidate for any office to be voted for at any primary13-10
election must file a declaration of candidacy as provided by the13-11
election laws of this state.13-12
3.13-13
13-14
13-15
13-16
13-17
candidates for the office of municipal judge if a third department of13-18
the municipal court has been established, must be voted upon by13-19
the registered voters of Carson City at large.13-20
13-21
names must not appear on the primary ballot but their names must13-22
be placed on the ballot for the general election.13-23
13-24
than a majority of votes cast in that election for the office for which13-25
he is a candidate, his name alone must be placed on the ballot for13-26
the general election. If in the primary election no candidate receives13-27
a majority of votes cast in that election for the office for which he13-28
is a candidate, the names of the two candidates receiving the13-29
highest numbers of votes must be placed on the ballot for the13-30
general election.13-31
Sec. 36. Section 5.010 of the charter of the City of Henderson, being13-32
chapter 266, Statutes of Nevada 1971, as last amended by chapter 686,13-33
Statutes of Nevada 1997, at page 3480, is hereby amended to read as13-34
follows:13-35
Sec. 5.010 Primary election.13-36
1. A primary election must be held on the Tuesday after the13-37
first Monday in May of each odd-numbered year, at which time13-38
there must be nominated candidates for offices to be voted for at13-39
the next general municipal election.13-40
2. A candidate for any office to be voted for at any primary13-41
municipal election must file a declaration of candidacy as provided13-42
by the election laws of this state.14-1
3.14-2
14-3
14-4
14-5
14-6
registered voters of the city at large.14-7
14-8
majority of votes cast in that election for the office for which he is14-9
a candidate, the names of the two candidates receiving the highest14-10
number of votes must be placed on the ballot for the general14-11
election. If in the primary election, regardless of the number of14-12
candidates for an office, one candidate receives a majority of votes14-13
cast in that election for the office for which he is a candidate, he14-14
must be declared elected and no general election need be held for14-15
that office.14-16
14-17
14-18
14-19
14-20
Sec. 37. Section 5.010 of the charter of the City of Las Vegas, being14-21
chapter 517, Statutes of Nevada 1983, as last amended by chapter 570,14-22
Statutes of Nevada 1997, at page 2790, is hereby amended to read as14-23
follows: Sec. 5.010 Primary municipal elections.14-25
1. On the Tuesday after the14-26
and at each successive interval of 4 years, a primary municipal14-27
election must be held in the city at which time candidates for two14-28
offices of councilman and for municipal judge, department 2, must14-29
be nominated.14-30
2. On the Tuesday after the14-31
and at each successive interval of 4 years, a primary municipal14-32
election must be held in the city at which time candidates for14-33
mayor, for two offices of councilman and for municipal judge,14-34
department 1, must be nominated.14-35
3. The candidates for councilman who are to be nominated as14-36
provided in subsections 1 and 2 must be nominated and voted for14-37
separately according to the respective wards. The candidates from14-38
wards 2 and 4 must be nominated as provided in subsection 1, and14-39
the candidates from wards 1 and 3 must be nominated as provided14-40
in subsection 2.14-41
4. If the city council has established an additional department14-42
or departments of the municipal court pursuant to section 4.010 of14-43
this charter, and, as a result, more than one office of municipal15-1
judge is to be filled at any election, the candidates for those offices15-2
must be nominated and voted upon separately according to the15-3
respective departments.15-4
5. Each candidate for the municipal offices which are provided15-5
for in subsections 1, 2 and 4 must file a declaration of candidacy15-6
with the city clerk.15-7
15-8
15-9
15-10
clerk must be paid into the city treasury.15-11
6.15-12
15-13
15-14
15-15
15-16
15-17
15-18
15-19
candidates for an office, one candidate receives a majority of votes15-20
which are cast in that election for the office for which he is a15-21
candidate, he must be declared elected for the term which15-22
commences on the day of the first regular meeting of the city15-23
council next succeeding the meeting at which the canvass of the15-24
returns is made, and no general election need be held for that15-25
office. If, in the primary election, no candidate receives a majority15-26
of votes which are cast in that election for the office for which he is15-27
a candidate, the names of the two candidates who receive the15-28
highest number of votes must be placed on the ballot for the15-29
general election.15-30
Sec. 38. Section 5.020 of the charter of the City of Reno, being15-31
chapter 662, Statutes of Nevada 1971, as last amended by chapter 686,15-32
Statutes of Nevada 1997, at page 3481, is hereby amended to read as15-33
follows: Sec. 5.020 Primary elections; declaration of candidacy.15-35
1. A candidate for any office to be voted for at an election must15-36
file a declaration of candidacy with the city clerk.15-37
15-38
15-39
15-40
city clerk must be deposited to the credit of the general fund of the15-41
city.15-42
2. If for any general election, there are three or more15-43
candidates for any office to be filled at that election, a primary16-1
election for any such office must be held on the first Tuesday in16-2
September preceding the general election. If for any general16-3
election there are two or fewer candidates for any office to be filled16-4
at that election, their names must not be placed on the ballot for the16-5
primary election but must be placed on the ballot for the general16-6
election.16-7
3. In the primary election:16-8
(a) The names of the two candidates for municipal judge, city16-9
attorney, or a particular city council seat, as the case may be, who16-10
receive the highest number of votes must be placed on the ballot for16-11
the general election.16-12
(b) Candidates for councilman who represent a specific ward16-13
must be voted upon only by the registered voters of that ward.16-14
(c) Candidates for mayor and councilman at large must be voted16-15
upon by all registered voters of the city.16-16
4. The mayor and all councilmen must be voted upon by all16-17
registered voters of the city at the general election.16-18
Sec. 39. The amendatory provisions of this act do not apply to16-19
offenses that were committed before the effective date of this act.16-20
Sec. 40. This act becomes effective upon passage and approval.~