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, the2-5
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 city council3-38
of any city may reimburse the chairmen or their3-39
attend the school for their travel expenses at a rate not exceeding 10 cents3-40
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 public does4-8
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 26, inclusive, of this act.4-25
Sec. 14. Not later than 30 days before the primary city election and4-26
the general city 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.4-41
Sec. 15. The city clerk shall establish at least one polling place for a4-42
precinct in any residential development exclusively for elderly persons if:5-1
1. More than 100 of the residents of the development are registered5-2
to vote;5-3
2. There is a common area in the development which is adequate and5-4
available; and5-5
3. The owner of the development consents to the establishment of the5-6
polling place on his property.5-7
Sec. 16. 1. The city clerk may appoint a pupil as a trainee for the5-8
position of election board officer. To qualify for such an appointment,5-9
the pupil must be:5-10
(a) A United States citizen, a resident of Nevada and a resident of the5-11
city in which he serves;5-12
(b) Enrolled as a senior in high school;5-13
(c) At the time of service, enrolled in or have completed a high school5-14
course in American government in accordance with NRS 389.020; and5-15
(d) Performing at an academic level deemed acceptable by the5-16
principal of the pupil’s high school.5-17
2. The city clerk may only appoint a pupil as a trainee if:5-18
(a) The pupil is appointed without party affiliation;5-19
(b) The city clerk sends the pupil a certificate stating the date and5-20
hours the pupil, upon approval, will act as a trainee;5-21
(c) At least 20 days before the election in which the pupil will act as a5-22
trainee, the principal of his high school receives the city clerk’s5-23
certificate and a written request signed by his parent or guardian to be5-24
excused from school for the time specified in the certificate;5-25
(d) The principal of the high school approves the pupil’s request; and5-26
(e) The pupil attends the training class required by NRS 293B.260.5-27
3. The city clerk may assign a trainee such duties as the city clerk5-28
deems appropriate. The city clerk shall not require the trainee to perform5-29
those duties later than 10 p.m., or any applicable curfew, whichever is5-30
earlier.5-31
4. The city clerk may compensate a trainee for his service at the5-32
same rate fixed for election board officers generally.5-33
Sec. 17. Upon the selection of persons to act as election board5-34
officers pursuant to NRS 293C.220 or as trainees pursuant to section 165-35
of this act, the city clerk shall deliver, by mail or other means,5-36
notifications of the appointments to those persons.5-37
Sec. 18. If any person appointed to serve as an election board officer5-38
pursuant to NRS 293C.220 or as a trainee pursuant to section 16 of this5-39
act is unwilling to serve as appointed, he shall notify the city clerk within5-40
5 days after receipt of the notification that he is unwilling to serve,5-41
whereupon the city clerk shall appoint some other registered voter to5-42
serve at the election.6-1
Sec. 19. An absent ballot for a city election or a ballot for a city6-2
election voted by a voter who resides in a mailing precinct must be voted6-3
on a paper ballot or a ballot which is voted by punching a card.6-4
Sec. 20. 1. A ballot prepared for use in a city election must be6-5
dated and marked in such a manner as to indicate clearly at which city6-6
election the ballot will be used.6-7
2. If a ballot includes a detachable stub, both the ballot and the stub6-8
must include the date of the city election and indicate clearly at which6-9
city election the ballot will be used.6-10
3. If a ballot includes a voting receipt which has two parts, each part6-11
of the voting receipt must include the date of the city election and6-12
indicate clearly at which city election the ballot will be used.6-13
Sec. 21. 1. The city clerk shall allow members of the general6-14
public to observe the conduct of voting at a polling place for a city6-15
election.6-16
2. A member of the general public shall not photograph the conduct6-17
of voting at a polling place for a city election or record the conduct of6-18
voting on audiotape or any other means of sound or video reproduction.6-19
3. For the purposes of this section, a member of the general public6-20
does not include any person who:6-21
(a) Gathers information for communication to the public;6-22
(b) Is employed or engaged by or has contracted with a newspaper,6-23
periodical, press association or radio or television station; and6-24
(c) Is acting solely within his professional capacity.6-25
Sec. 22. 1. During the period specified in subsection 2 of NRS6-26
293C.327 when the city clerk’s office is maintained with suitable6-27
equipment for voting an absent ballot in person:6-28
(a) A person may not electioneer for or against any candidate,6-29
measure or political party in or within 100 feet from the entrance to the6-30
city clerk’s office.6-31
(b) The city clerk shall keep continuously posted:6-32
(1) At each entrance to the city clerk’s office, a sign on which is6-33
printed in large letters "Polling Place for Voting Absent Ballots"; and6-34
(2) At the outer limits of the area within which electioneering is6-35
prohibited, a sign on which is printed in large letters "Distance Marker:6-36
No electioneering between this point and any entrance to the city clerk’s6-37
office."6-38
2. Ropes or other suitable objects may be used at the city clerk’s6-39
office to ensure compliance with this section.6-40
3. Any person who willfully violates the provisions of this section is6-41
guilty of a gross misdemeanor.6-42
Sec. 23. A certificate of election or commission must not be withheld6-43
from the person having the highest number of votes for the city office7-1
because of any contest of election filed in the city election or any defect7-2
or informality in the returns of any city election, if it can be ascertained7-3
with reasonable certainty from the returns what city office is intended7-4
and who is entitled to the certificate or commission.7-5
Sec. 24. Each container used to transport official ballots to a central7-6
counting place pursuant to NRS 293C.3602, 293C.630 and 293C.6357-7
must:7-8
1. Be constructed of metal or any other rigid material; and7-9
2. Contain a seal which is placed on the container to ensure7-10
detection of any opening of the container.7-11
The container and seal must be separately numbered for identification.7-12
Sec. 25. If a city election is prevented in any precinct or district by7-13
reason of the loss or destruction of the ballots intended for that precinct7-14
or district, or any other cause, the election officers for that precinct or7-15
district shall make an affidavit setting forth that fact and transmit it to7-16
the governing body of the appropriate city. Upon receipt of the affidavit7-17
and upon the application of any candidate for any city office to be voted7-18
for by the registered voters of that precinct or district, the governing body7-19
of the city shall order a new election in that precinct or district.7-20
Sec. 26. The provisions of NRS 293C.356 to 293C.361, inclusive,7-21
apply to a city only if the governing body of the city has provided for7-22
early voting by personal appearance pursuant to paragraph (b) of7-23
subsection 2 of NRS 293C.110.7-24
Sec. 27. NRS 293C.110 is hereby amended to read as follows: 293C.110 1.7-26
conduct of any city election is under the control of the governing body of7-27
the city, and it shall, by ordinance, provide for the holding of the election,7-28
appoint the necessary election officers and election boards, and do all other7-29
things required to carry the election into effect.7-30
2. The governing body of the city shall provide for:7-31
(a) Absent ballots to be voted in a city election pursuant to NRS7-32
293C.305 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive;7-33
and7-34
(b) The conduct of:7-35
(1) Early voting by personal appearance in a city election7-36
7-37
inclusive7-38
(2) Voting by absent ballot in person in a city election pursuant to7-39
NRS 293C.327; or7-40
(3) Both early voting by personal appearance as described in7-41
subparagraph (1) and voting by absent ballot in person as described in7-42
subparagraph (2).8-1
Sec. 28. NRS 293C.145 is hereby amended to read as follows: 293C.145 1. A general city election must be held in each city of the8-3
third class on the first Tuesday after the first Monday in June of the first8-4
odd-numbered year after incorporation, and on the same day every 2 years8-5
thereafter, as determined by ordinance.8-6
2. There must be one mayor and three or five councilmen, as the city8-7
council shall provide, by ordinance, for each city of the third class. The8-8
terms of office of the mayor and the councilmen are 4 years, which terms8-9
must be staggered. The mayor and councilmen elected to office8-10
immediately after incorporation shall decide, by lot, among themselves8-11
which two of their offices expire at the next general city election, and8-12
thereafter the terms of office must be 4 years. If a city council thereafter8-13
increases the number of councilmen, it shall, by lot, stagger the initial terms8-14
of the additional members.8-15
3. A candidate for any office to be voted for at the general city election8-16
must file a declaration of candidacy with the city clerk not less than 60 days8-17
nor more than 70 days before the day of the general city election. The city8-18
clerk shall charge and collect from the candidate and the candidate must8-19
pay to the city clerk, at the time of filing the declaration of candidacy, a8-20
filing fee in an amount fixed by the city council by ordinance8-21
resolution.8-22
4. Candidates for mayor must be voted upon by the electors of the city8-23
at large. Candidates for councilmen must be voted upon by the electors of8-24
their respective wards to represent the wards in which they reside or by the8-25
electors of the city at large in accordance with the provisions of chapter 2668-26
of NRS.8-27
Sec. 29. NRS 293C.175 is hereby amended to read as follows: 293C.175 1. A primary city election must be held in each city of the8-29
first class, and in each city of the second class that has so provided by8-30
ordinance, on the first Tuesday after the first Monday in May of every year8-31
in which a general city election is to be held, at which time there must be8-32
nominated candidates for offices to be voted for at the next general city8-33
election.8-34
2. A candidate for any office to be voted for at the primary city election8-35
must file a declaration of candidacy with the city clerk not less than 60 days8-36
nor more than 70 days before the date of the primary city election. The city8-37
clerk shall charge and collect from the candidate and the candidate must8-38
pay to the city clerk, at the time of filing the declaration of candidacy, a8-39
filing fee in an amount fixed by the governing body of the city8-40
ordinance8-41
be deposited to the credit of the general fund of the city.8-42
3. All candidates, except as otherwise provided in NRS 266.220, must8-43
be voted upon by the electors of the city at large.9-1
4. If, in a primary city election held in a city of the first or second class,9-2
one candidate receives more than a majority of votes cast in that election9-3
for the office for which he is a candidate, his name alone must be placed on9-4
the ballot for the general city election. If, in the primary city election, no9-5
candidate receives a majority of votes cast in that election for the office for9-6
which he is a candidate, the names of the two candidates receiving the9-7
highest number of votes must be placed on the ballot for the general city9-8
election.9-9
Sec. 30. NRS 293C.185 is hereby amended to read as follows: 293C.185 1. Except as otherwise provided in NRS 293C.190, a name9-11
may not be printed on a ballot to be used at a primary city election, unless9-12
the person named has filed a declaration of candidacy or an acceptance of9-13
candidacy and paid the fee established by the governing body of the city9-14
not earlier than9-15
than 5 p.m. on the9-16
2. A declaration of candidacy required to be filed by this section must9-17
be in substantially the following form:9-18
Declaration of Candidacy of ........ for the9-19
Office of ................9-20
State of Nevada9-21
9-22
City of9-23
For the purpose of having my name placed on the official ballot as a9-24
candidate for the office of ................, I, the undersigned ................, do9-25
swear or affirm under penalty of perjury that I reside at ......................, in9-26
the City or Town of ................, County of .................., State of Nevada;9-27
that my actual residence in the city, township or other area prescribed by9-28
law to which the office pertains began on a date 30 days or more before the9-29
date of the close of filing of declarations of candidacy for this office; that if9-30
nominated as a candidate at the ensuing election I will accept the9-31
nomination and not withdraw; that I will not knowingly violate any election9-32
law or any law defining and prohibiting corrupt and fraudulent practices in9-33
campaigns and elections in this state; that I will qualify for the office if9-34
elected thereto, including, but not limited to, complying with any limitation9-35
prescribed by the constitution and laws of this state concerning the number9-36
of years or terms for which a person may hold the office; and my name will9-37
appear on all ballots as designated in this declaration.10-1
10-2
(Designation of name)10-3
10-4
(Signature of candidate for office)10-5
Subscribed and sworn to before10-6
me this ..... day of ........, 19...10-7
10-8
Notary Public or other person10-9
authorized to administer an oath10-10
3. A person may be a candidate under his given name and surname, a10-11
contraction or familiar form of his given name followed by his surname or10-12
the initial of his given name followed by his surname. A nickname of not10-13
more than 10 letters may be incorporated into a candidate’s name. The10-14
nickname must be in quotation marks and appear immediately before the10-15
candidate’s surname. A nickname must not indicate any political,10-16
economic, social or religious view or affiliation and must not be the name10-17
of any person, living or dead, whose reputation is known on a statewide,10-18
nationwide or worldwide basis, or in any other manner deceive a voter10-19
concerning the person or principles for which he is voting.10-20
4. The address of a candidate that must be included in the declaration10-21
or acceptance of candidacy pursuant to subsection 2 must be the street10-22
address of the residence where he actually resides, if one has been assigned.10-23
The declaration or acceptance of candidacy must not be accepted for filing10-24
if the candidate’s address is listed as a post office box unless a street10-25
address has not been assigned to his residence.10-26
Sec. 31. NRS 293C.220 is hereby amended to read as follows: 293C.220 1. The city clerk shall appoint and notify registered voters10-28
to act as election board officers for the various precincts and districts in the10-29
city as provided in NRS10-30
293C.230 to 293C.250, inclusive, and sections 17 and 18 of this act and10-31
NRS 293C.382, and shall conclude those duties not later than 31 days10-32
before the election. No candidate for nomination or election or his relative10-33
within the second degree of consanguinity or affinity may be appointed as10-34
an election board officer. Immediately after election board officers are10-35
appointed, if requested by the city clerk, the chief law enforcement officer10-36
of the city shall:10-37
10-38
central election board or the absent ballot central counting board; or10-39
10-40
for each polling place and for the central election board or the absent ballot10-41
central counting board. The deputized officer may not receive any11-1
additional compensation for the services he provides as an officer during11-2
the election for which he is deputized.11-3
Officers so appointed and deputized shall preserve order during hours of11-4
voting and attend the closing of the polls.11-5
2. The city clerk may appoint a trainee for the position of election11-6
board officer as set forth in section 16 of this act.11-7
Sec. 32. NRS 293C.295 is hereby amended to read as follows: 293C.295 1. If a person is successfully challenged on the ground set11-9
forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person11-10
refuses to provide an affirmation pursuant to NRS 293C.525, the election11-11
board shall instruct the voter that he may vote only at the special polling11-12
place in the manner set forth in this section.11-13
2. The city clerk shall maintain11-14
11-15
election. The ballots voted at the special polling place must be kept11-16
separate from the ballots of voters who have not been so challenged or who11-17
have provided an affirmation pursuant to NRS 293C.525 in:11-18
(a) A special ballot box if the ballots are paper ballots or ballots that are11-19
voted by punching a card; or11-20
(b) A special sealed container if the ballots are ballots that are voted on11-21
a mechanical recording device which directly records the votes11-22
electronically.11-23
3. A person who votes at a special polling place may place his vote11-24
only for the following offices and questions:11-25
(a) All officers for whom all voters in the city may vote; and11-26
(b) Questions that have been submitted to all voters of the city.11-27
4. The ballots voted at the special polling place must be counted when11-28
other ballots are counted and:11-29
(a) If the ballots are paper ballots or ballots that are voted by punching a11-30
card, maintained in a separate ballot box; or11-31
(b) If the ballots are ballots that are voted on a mechanical recording11-32
device that directly records the votes electronically, maintained in a11-33
separate sealed container,11-34
until any contest of election is resolved or the date for filing a contest of11-35
election has passed, whichever is later.11-36
Sec. 33. NRS 293C.327 is hereby amended to read as follows: 293C.327 1. If11-38
(a) A request for an absent ballot is made by a registered voter in person11-39
11-40
(b) The governing body of the city, pursuant to paragraph (b) of11-41
subsection 2 of NRS 293C.110, has provided for voting by absent ballot11-42
in person,12-1
the city clerk shall issue an absent ballot to the registered voter, and the12-2
ballot must be voted on the premises of the city clerk’s office and returned12-3
to the city clerk. The city clerk shall follow the same procedure as in the12-4
case of absent ballots received by mail.12-5
2.12-6
voting by absent ballot in person pursuant to paragraph (b) of subsection12-7
2 of NRS 293C.110, at least 20 days before a primary city election or12-8
general city election until 5:00 p.m. on:12-9
(a) The Friday before the election; or12-10
(b) If the office of a city clerk is not scheduled to be open on the Friday12-11
before the election, the Thursday before the election,12-12
each city clerk shall provide a voting booth, with suitable equipment for12-13
voting, on the premises of his office for use by registered voters who are12-14
issued absent ballots in accordance with this section.12-15
Sec. 34. NRS 293C.3598 is hereby amended to read as follows: 293C.3598 1. A ballot board for early voting must be appointed by12-17
the city clerk to handle early voting ballots for that city.12-18
2. The board must consist of12-19
12-20
12-21
12-22
relative within the second degree of consanguinity or affinity may be12-23
appointed as an election board member.12-24
Sec. 35. Section 5.010 of the charter of Carson City, being chapter12-25
213, Statutes of Nevada 1969, as last amended by chapter 686, Statutes of12-26
Nevada 1997, at page 3478, is hereby amended to read as follows:12-27
Sec. 5.010 Primary election.12-28
1. A primary election must be held on the date fixed by the12-29
election laws of this state12-30
there must be nominated candidates for offices to be voted for at the12-31
next general election.12-32
2. A candidate for any office to be voted for at any primary12-33
election must file a declaration of candidacy as provided by the12-34
election laws of this state.12-35
3.12-36
12-37
12-38
12-39
12-40
candidates for the office of municipal judge if a third department of12-41
the municipal court has been established, must be voted upon by the12-42
registered voters of Carson City at large.13-1
13-2
names must not appear on the primary ballot but their names must13-3
be placed on the ballot for the general election.13-4
13-5
than a majority of votes cast in that election for the office for which13-6
he is a candidate, his name alone must be placed on the ballot for13-7
the general election. If in the primary election no candidate receives13-8
a majority of votes cast in that election for the office for which he is13-9
a candidate, the names of the two candidates receiving the highest13-10
numbers of votes must be placed on the ballot for the general13-11
election.13-12
Sec. 36. Section 5.010 of the charter of the City of Henderson, being13-13
chapter 266, Statutes of Nevada 1971, as last amended by chapter 686,13-14
Statutes of Nevada 1997, at page 3480, is hereby amended to read as13-15
follows:13-16
Sec. 5.010 Primary election.13-17
1. A primary election must be held on the Tuesday after the13-18
first Monday in May of each odd-numbered year, at which time13-19
there must be nominated candidates for offices to be voted for at the13-20
next general municipal election.13-21
2. A candidate for any office to be voted for at any primary13-22
municipal election must file a declaration of candidacy as provided13-23
by the election laws of this state.13-24
3.13-25
13-26
13-27
13-28
13-29
registered voters of the city at large.13-30
13-31
majority of votes cast in that election for the office for which he is a13-32
candidate, the names of the two candidates receiving the highest13-33
number of votes must be placed on the ballot for the general13-34
election. If in the primary election, regardless of the number of13-35
candidates for an office, one candidate receives a majority of votes13-36
cast in that election for the office for which he is a candidate, he13-37
must be declared elected and no general election need be held for13-38
that office.13-39
13-40
13-41
13-42
14-1
Sec. 37. Section 5.010 of the charter of the City of Las Vegas,14-2
being chapter 517, Statutes of Nevada 1983, as last amended by14-3
chapter 570, Statutes of Nevada 1997, at page 2790, is hereby14-4
amended to read as follows: Sec. 5.010 Primary municipal elections.14-6
1. On the Tuesday after the14-7
and at each successive interval of 4 years, a primary municipal14-8
election must be held in the city at which time candidates for two14-9
offices of councilman and for municipal judge, department 2, must14-10
be nominated.14-11
2. On the Tuesday after the14-12
and at each successive interval of 4 years, a primary municipal14-13
election must be held in the city at which time candidates for mayor,14-14
for two offices of councilman and for municipal judge, department14-15
1, must be nominated.14-16
3. The candidates for councilman who are to be nominated as14-17
provided in subsections 1 and 2 must be nominated and voted for14-18
separately according to the respective wards. The candidates from14-19
wards 2 and 4 must be nominated as provided in subsection 1, and14-20
the candidates from wards 1 and 3 must be nominated as provided14-21
in subsection 2.14-22
4. If the city council has established an additional department14-23
or departments of the municipal court pursuant to section 4.010 of14-24
this charter, and, as a result, more than one office of municipal14-25
judge is to be filled at any election, the candidates for those offices14-26
must be nominated and voted upon separately according to the14-27
respective departments.14-28
5. Each candidate for the municipal offices which are provided14-29
for in subsections 1, 2 and 4 must file a declaration of candidacy14-30
with the city clerk.14-31
14-32
14-33
14-34
paid into the city treasury.14-35
6.14-36
14-37
14-38
14-39
14-40
14-41
14-42
14-43
candidates for an office, one candidate receives a majority of votes15-1
which are cast in that election for the office for which he is a15-2
candidate, he must be declared elected for the term which15-3
commences on the day of the first regular meeting of the city15-4
council next succeeding the meeting at which the canvass of the15-5
returns is made, and no general election need be held for that office.15-6
If, in the primary election, no candidate receives a majority of votes15-7
which are cast in that election for the office for which he is a15-8
candidate, the names of the two candidates who receive the highest15-9
number of votes must be placed on the ballot for the general15-10
election.15-11
Sec. 38. Section 5.020 of the charter of the City of Reno, being15-12
chapter 662, Statutes of Nevada 1971, as last amended by chapter 686,15-13
Statutes of Nevada 1997, at page 3481, is hereby amended to read as15-14
follows: Sec. 5.020 Primary elections; declaration of candidacy.15-16
1. A candidate for any office to be voted for at an election must15-17
file a declaration of candidacy with the city clerk.15-18
15-19
15-20
15-21
city clerk must be deposited to the credit of the general fund of the15-22
city.15-23
2. If for any general election, there are three or more candidates15-24
for any office to be filled at that election, a primary election for any15-25
such office must be held on the first Tuesday in September15-26
preceding the general election. If for any general election there are15-27
two or fewer candidates for any office to be filled at that election,15-28
their names must not be placed on the ballot for the primary election15-29
but must be placed on the ballot for the general election.15-30
3. In the primary election:15-31
(a) The names of the two candidates for municipal judge, city15-32
attorney, or a particular city council seat, as the case may be, who15-33
receive the highest number of votes must be placed on the ballot for15-34
the general election.15-35
(b) Candidates for councilman who represent a specific ward15-36
must be voted upon only by the registered voters of that ward.15-37
(c) Candidates for mayor and councilman at large must be voted15-38
upon by all registered voters of the city.15-39
4. The mayor and all councilmen must be voted upon by all15-40
registered voters of the city at the general election.16-1
Sec. 39. The amendatory provisions of this act do not apply to16-2
offenses that were committed before the effective date of this act.16-3
Sec. 40. This act becomes effective upon passage and approval.~