Assembly Bill No. 479–Assemblyman Hettrick
March 11, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Revises various provisions concerning elections. (BDR 24-1355)
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 293.165 is hereby amended to read as follows: 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy1-3
occurring in a major or minor political party nomination for office may be1-4
filled by a candidate designated by the party central committee of the1-5
county or state, as the case may be, subject to the provisions of subsections1-6
4 and 5.1-7
2. A vacancy occurring in a nonpartisan nomination after the close of1-8
filing and before the first Tuesday in1-9
filing a nominating petition that is signed by at least 1 percent of the1-10
persons who are registered to vote and who voted for the office in question1-11
in the state, county, district or municipality at the last preceding general1-12
election. The petition must be filed not earlier than the first Tuesday in1-13
June and not later than the third Tuesday in1-14
candidate nominated pursuant to the provisions of this subsection may be1-15
elected only at a general election and his name must not appear on the1-16
ballot for a primary election.1-17
3. A vacancy occurring in a nonpartisan nomination after a primary1-18
election and before the second Tuesday in2-1
filled by the person who received the next highest vote for the nomination2-2
in the primary.2-3
4. Except to place a candidate nominated pursuant to subsection 2 on2-4
the ballot, no change may be made on the ballot after the second Tuesday2-5
in2-6
a nominee dies after that date, his name must remain on the ballot and, if2-7
elected, a vacancy exists.2-8
5. All designations provided for in this section must be filed before 52-9
p.m. on the second Tuesday in2-10
statutory filing fee must be paid and an acceptance of the designation must2-11
be filed before 5 p.m. on that date.2-12
Sec. 2. NRS 293.166 is hereby amended to read as follows: 293.166 1. A vacancy occurring in a party nomination for the office2-14
of state senator or assemblyman from a legislative district comprising more2-15
than one county may be filled as follows, subject to the provisions of2-16
subsections 2 and 3. The county commissioners of each county all or part2-17
of which is included within the legislative district, shall meet to appoint a2-18
person of the same political party as the former nominee to fill the2-19
vacancy, under the chairmanship of the chairman of the board of county2-20
commissioners of the county whose population residing within the district2-21
is the greatest. Each board of county commissioners shall first meet2-22
separately and determine the single candidate it will nominate to fill the2-23
vacancy. Then the boards shall meet jointly and the chairmen on behalf of2-24
the boards shall cast a proportionate number of votes according to the2-25
percent, rounded to the nearest whole percent, which the population of its2-26
county is of the population of the entire district. Populations must be2-27
determined by the last decennial census or special census conducted by the2-28
Bureau of the Census of the United States Department of Commerce. The2-29
person who receives a plurality of these votes is appointed to fill the2-30
vacancy. If no person receives a plurality of the votes, the boards of county2-31
commissioners of the respective counties shall each as a group select one2-32
candidate, and the nominee must be chosen by drawing lots among the2-33
persons so selected.2-34
2. No change may be made on the ballot after the second Tuesday in2-35
2-36
nominee dies after that date, his name must remain on the ballot and, if2-37
elected, a vacancy exists.2-38
3. The designation of a nominee pursuant to this section must be filed2-39
with the secretary of state before 5 p.m. of the second Tuesday in2-40
2-41
designation.3-1
Sec. 3. NRS 293.171 is hereby amended to read as follows: 293.171 1. To qualify as a minor political party , an organization3-3
must file with the secretary of state a certificate of existence which3-4
includes the:3-5
(a) Name of the political party;3-6
(b) Names of its officers;3-7
(c) Names of the members of its executive committee; and3-8
(d) Name of the person authorized to file the list of its candidates with3-9
the secretary of state.3-10
2. A copy of the constitution or bylaws of the party must be affixed to3-11
the certificate.3-12
3. A minor political party shall file with the secretary of state an3-13
amended certificate of existence within 5 days after any change in the3-14
information contained in the certificate.3-15
4. The constitution or bylaws of a minor political party must provide a3-16
procedure for the nomination of its candidates in such a manner that only3-17
one candidate may be nominated for each office.3-18
5. A minor political party whose candidates do not appear on the ballot3-19
for the general election must file a notice of continued existence with the3-20
secretary of state not later than the second Friday in3-21
preceding the general election.3-22
6. A minor political party which fails to file a notice of continued3-23
existence as required by subsection 5 ceases to exist as a minor political3-24
party in this state.3-25
Sec. 4. NRS 293.1715 is hereby amended to read as follows: 293.1715 1. The names of the candidates of a minor political party3-27
must not appear on the ballot for a primary election.3-28
2. The names of the candidates of a minor political party must be3-29
placed on the ballot for the general election if the party has filed a3-30
certificate of existence and a list of its candidates pursuant to the3-31
provisions of NRS 293.1725 with the secretary of state and:3-32
(a) At the last preceding general election, the minor political party3-33
polled for any of its candidates a number of votes equal to or more than 13-34
percent of the total number of votes cast for the offices of Representative3-35
in Congress;3-36
(b) On January 1 preceding a primary election, the minor political party3-37
has been designated as the political party on the applications to register to3-38
vote of at least 1 percent of the total number of registered voters in the3-39
state; or3-40
(c) Not later than the second Friday in3-41
general election, files a petition with the secretary of state which is signed3-42
by a number of registered voters equal to at least 1 percent of the total4-1
number of votes cast at the last preceding general election for the offices of4-2
Representative in Congress.4-3
3. The name of only one candidate of each minor political party for4-4
each office may appear on the ballot for a general election.4-5
4. A minor political party must file a copy of the petition required by4-6
paragraph (c) of subsection 2 with the secretary of state before the petition4-7
may be circulated for signatures.4-8
Sec. 5. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to paragraph (c) of subsection 24-10
of NRS 293.1715 may consist of more than one document. Each document4-11
of the petition must:4-12
(a) Bear the name of the county in which it was circulated;4-13
(b) Include the affidavit of the person who circulated the document4-14
verifying that the signers are registered voters in the state according to his4-15
best information and belief and that the signatures are genuine and were4-16
signed in his presence; and4-17
(c) Be submitted to the county clerk in the county in which it is4-18
circulated for verification in the manner prescribed in NRS 293.1276 to4-19
293.1279, inclusive, not later than 40 days before the4-20
4-21
pursuant to paragraph (c) of subsection 2 of NRS 293.1715 must be made4-22
in a district court in the county in which the petition was circulated.4-23
2. A document which bears the name of a county may be signed only4-24
by registered voters of that county.4-25
3. Each person who signs a document shall also provide the address of4-26
the place where he resides, the date that he signs and the name of the4-27
county in which he is registered to vote.4-28
4. The county clerk shall not disqualify the signature of a voter who4-29
failed to provide all of the information required by this section if the voter4-30
is registered in the county named on the document.4-31
Sec. 6. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor4-33
political party which wishes to place its candidates on the ballot for a4-34
general election and:4-35
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 24-36
of NRS 293.1715; or4-37
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS4-38
293.1715,4-39
must file with the secretary of state a list of its candidates not earlier than4-40
the first Monday in May preceding the election nor later than the last4-41
Friday in June. The list must be signed by the person so authorized in the4-42
certificate of existence of the minor political party before a notary public5-1
or other person authorized to take acknowledgments. The list must not be5-2
amended after it is filed.5-3
2. The secretary of state shall immediately forward a certified copy of5-4
the list of candidates of each minor political party to the filing officer with5-5
whom each candidate must file his declaration of candidacy.5-6
3. Each candidate on the list must file his declaration of candidacy5-7
with the proper filing officer and pay the fee required by NRS 293.193 not5-8
earlier than the date on which the list of candidates of his minor political5-9
party is filed with the secretary of state nor later than the first Wednesday5-10
in July.5-11
4. A minor political party that wishes to place candidates for the5-12
offices of President and Vice President of the United States on the ballot5-13
and has otherwise qualified to place the names of its candidates on the5-14
ballot for the general election pursuant to the provisions of this chapter5-15
must file with the secretary of state a certificate of nomination for these5-16
offices not later than the first Tuesday in5-17
Sec. 7. NRS 293.174 is hereby amended to read as follows: 293.174 1. If the qualification of a minor political party is5-19
challenged, all affidavits and documents in support of the challenge must5-20
be filed not later than 5 p.m. on the5-21
Any judicial proceeding resulting from the challenge must be set for5-22
hearing not more than 5 days after the5-23
2. Any such challenge must be filed with the first judicial district court5-24
if the petition was filed with the secretary of state.5-25
Sec. 8. NRS 293.175 is hereby amended to read as follows: 293.175 1. The primary election must be held on the first Tuesday of5-27
5-28
2. Candidates of a major political party and candidates for nonpartisan5-29
offices must be nominated at the primary election.5-30
3. Candidates of a minor political party must be nominated in the5-31
manner prescribed pursuant to NRS 293.171.5-32
4. Independent candidates for partisan office must be nominated in the5-33
manner provided in NRS 293.200.5-34
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply5-35
to:5-36
(a) Special elections to fill vacancies.5-37
(b) The nomination of the officers of incorporated cities.5-38
(c) The nomination of district officers whose nomination is otherwise5-39
provided for by statute.5-40
Sec. 9. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file5-42
with the proper filing officer:6-1
(a) A copy of the petition of candidacy that he intends to circulate for6-2
signatures. The copy must be filed before the petition may be circulated.6-3
(b) A petition of candidacy signed by a number of registered voters6-4
equal to at least 1 percent of the total number of ballots cast in the state or6-5
in the county or district electing that officer at the last preceding general6-6
election in which a person was elected to that office.6-7
2. The petition may consist of more than one document. Each6-8
document must bear the name of the county in which it was circulated and6-9
only registered voters of that county may sign the document. The person6-10
who circulates the document must be a registered voter of that county. If6-11
the office is a district office, only the registered voters of that district may6-12
sign the document. The documents which are circulated for signature in a6-13
county must be submitted to that county clerk for verification in the6-14
manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than6-15
40 days before filing the petition of candidacy with the proper filing6-16
officer. Each signer shall add to his signature the address of the place at6-17
which he actually resides, the date that he signs the petition and the name6-18
of the county where he is registered to vote for the purpose of determining6-19
whether he is a registered voter. The person who circulates each document6-20
of the petition shall sign an affidavit attesting that the signatures on the6-21
document are genuine to the best of his knowledge and belief and were6-22
signed in his presence by persons registered to vote in that county.6-23
3. The petition of candidacy may state the principle, if any, which the6-24
person qualified represents.6-25
4. Petitions of candidacy must be filed not earlier than the first6-26
Monday in May preceding the general election and not later than 5 p.m. on6-27
the third Tuesday in6-28
5. No petition of candidacy may contain the name of more than one6-29
candidate for each office to be filled.6-30
6. A person may not file as an independent candidate if he is6-31
proposing to run as the candidate of a political party.6-32
7. The names of independent candidates must be placed on the general6-33
election ballot and must not appear on the primary election ballot.6-34
8. If the candidacy of any person seeking to qualify pursuant to this6-35
section is challenged, all affidavits and documents in support of the6-36
challenge must be filed not later than 5 p.m. on the fourth Tuesday in6-37
6-38
be set for hearing not more than 5 days after the fourth Tuesday in6-39
6-40
9. Any challenge pursuant to subsection 8 must be filed with:6-41
(a) The first judicial district court if the petition of candidacy was filed6-42
with the secretary of state.7-1
(b) The district court for the county where the petition of candidacy was7-2
filed if the petition was filed with a county clerk.7-3
10. An independent candidate for partisan office must file a7-4
declaration of candidacy with the proper filing officer and pay the fee7-5
required by NRS 293.193 not earlier than the first Monday in May of the7-6
year in which the election is held nor later than 5 p.m. of the first7-7
Wednesday in July.7-8
Sec. 10. NRS 293.345 is hereby amended to read as follows: 293.345 The county clerk shall mail to each registered voter in each7-10
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.7-11
on the third Thursday in7-12
Tuesday in October of any year in which a general election is to be held,7-13
an official mailing ballot to be voted by him at the election.7-14
Sec. 11. NRS 293.368 is hereby amended to read as follows: 293.368 1. Whenever a candidate whose name appears upon the7-16
ballot at a general election dies after 5 p.m. of the7-17
in7-18
the day of the election, the votes cast for the deceased candidate must be7-19
counted in determining the results of the election for the office for which7-20
the decedent was a candidate.7-21
2. If the deceased candidate receives the majority of the votes cast for7-22
the office, he shall be deemed elected and the office to which he was7-23
elected shall be deemed vacant at the beginning of the term for which he7-24
was elected. The vacancy thus created must be filled in the same manner as7-25
if the candidate had died after taking office for that term.7-26
Sec. 12. NRS 293.404 is hereby amended to read as follows: 293.404 1. Where a recount is demanded pursuant to the provisions7-28
of NRS 293.403, the:7-29
(a) County clerk of each county affected by the recount shall employ a7-30
recount board to conduct the recount in the county, and shall act as7-31
chairman of the recount board unless the recount is for the office of county7-32
clerk, in which case the chairman of the board of county commissioners7-33
shall act as chairman of the recount board. At least one member of the7-34
board of county commissioners must be present at the recount.7-35
(b) City clerk shall employ a recount board to conduct the recount in the7-36
city, and shall act as chairman of the recount board unless the recount is for7-37
the office of city clerk, in which case the mayor of the city shall act as7-38
chairman of the recount board. At least one member of the city council7-39
must be present at the recount.7-40
Each candidate for the office affected by the recount and the voter who7-41
demanded the recount, if any, may be present in person or by an authorized7-42
representative, but may not be a member of the recount board.8-1
2. Except in counties or cities using a mechanical voting system, the8-2
recount must include a count and inspection of all ballots, including8-3
rejected ballots, and must determine whether those ballots are marked as8-4
required by law.8-5
3. If a recount is demanded in a county or city using a mechanical8-6
voting system, the person who demanded the recount shall select the8-7
ballots for the office or ballot question affected from 5 percent of the8-8
precincts, but in no case fewer than three precincts, after consultation with8-9
each candidate for the office or his authorized representative. The recount8-10
board shall examine the selected ballots, including any duplicate or8-11
rejected ballots, shall determine whether the ballots have been voted in8-12
accordance with this Title and shall count the valid ballots by hand.8-13
addition, a recount by computer must be made of all the selected ballots. If8-14
the count by hand or the recount by computer of the selected ballots8-15
8-16
8-17
candidate for the office, or in favor of or against a ballot question, from8-18
the original canvass of the returns, the county or city clerk shall order a8-19
count by hand of all the ballots for that office.8-20
8-21
8-22
the office.8-23
4. The county or city clerk shall unseal and give to the recount board8-24
all ballots to be counted.8-25
5. In the case of a demand for a recount affecting more than one8-26
county, the demand must be made to the secretary of state, who shall notify8-27
the county clerks to proceed with the recount.8-28
Sec. 13. NRS 298.109 is hereby amended to read as follows: 298.109 1. A person who desires to be an independent candidate for8-30
the office of President of the United States must, not later than 5 p.m. on8-31
the second Friday in8-32
presidential election is to be held, pay a filing fee of $250 and file with the8-33
secretary of state a declaration of candidacy and a petition of candidacy, in8-34
which he must also designate his nominee for Vice President. The petition8-35
must be signed by a number of registered voters equal to not less than 18-36
percent of the total number of votes cast at the last preceding general8-37
election for candidates for the offices of Representative in Congress and8-38
must request that the names of the proposed candidates be placed on the8-39
ballot at the general election that year. The candidate shall file a copy of8-40
the petition he intends to circulate for signatures with the secretary of state.8-41
2. The petition may consist of more than one document. Each8-42
document must bear the name of a county and only registered voters of8-43
that county may sign the document. The documents which are circulated9-1
for signature in a county must be submitted to that county clerk for9-2
verification in the manner prescribed in NRS 293.1276 to 293.1279,9-3
inclusive, not later than 40 days before filing the petition of candidacy with9-4
the secretary of state. Each person signing shall add to his signature the9-5
address of the place at which he resides, the date that he signs and the9-6
name of the county wherein he is registered to vote. Each document of the9-7
petition must also contain the affidavit of the person who circulated the9-8
document that all signatures thereon are genuine to the best of his9-9
knowledge and belief and were signed in his presence by persons9-10
registered to vote in that county.9-11
3. Each independent candidate so nominated for the office of President9-12
shall at the time of filing his petition as provided in subsection 1, or within9-13
10 days thereafter, file with the secretary of state his written designation of9-14
the names of the number of presidential electors then authorized by law,9-15
whom the independent candidate desires to act as his electors, all of whom9-16
must then be registered voters. Immediately following receipt of each9-17
candidate’s written designation of his nominees for electors, the secretary9-18
of state shall record them in his office as the nominees for presidential9-19
electors of that independent candidate.9-20
4. If the candidacy of any person who seeks to qualify pursuant to this9-21
section is challenged, all affidavits and documents in support of the9-22
challenge must be filed with the first judicial district court not later than 59-23
p.m. on the fourth Tuesday in9-24
relating to the challenge must be set for hearing not later than 5 days after9-25
the fourth Tuesday in9-26
5. The county clerk shall not disqualify the signature of a voter who9-27
fails to provide all of the information required by this section if the voter is9-28
registered in the county named on the document.~