Assembly Bill No. 613–Committee on Elections,
Procedures, and Ethics
(On Behalf of Clark County)
March 18, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes relating to elections. (BDR 24-575)
FISCAL NOTE: Effect on Local Government: No.
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
a new section to read as follows:1-3
A person who is deemed to be a registered voter pursuant to the1-4
provisions of NRS 293.501, 293.517, 293.5235 or 293.524 may, on or1-5
after the date on which he is deemed to be a registered voter, sign any1-6
petition that, pursuant to a provision of Title 24 of NRS, may only be1-7
signed by a registered voter.2-1
Sec. 2. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to paragraph (c) of subsection 22-3
of NRS 293.1715 may consist of more than one document. Each document2-4
of the petition must:2-5
(a) Bear the name of the county in which it was circulated;2-6
(b) Include the affidavit of the person who circulated the document2-7
verifying that the signers are registered voters in the state according to his2-8
best information and belief and that the signatures are genuine and were2-9
signed in his presence; and2-10
(c) Be submitted to the county clerk in the county in which it is2-11
circulated for verification in the manner prescribed in NRS 293.1276 to2-12
293.1279, inclusive, not later than2-13
August. A challenge to the form of a petition filed pursuant to paragraph2-14
(c) of subsection 2 of NRS 293.1715 must be made in a district court in the2-15
county in which the petition was circulated.2-16
2. A document which bears the name of a county may be signed only2-17
by registered voters of that county.2-18
3. Each person who signs a document shall also provide the address of2-19
the place where he resides, the date that he signs and the name of the2-20
county in which he is registered to vote.2-21
4. The county clerk shall not disqualify the signature of a voter who2-22
failed to provide all of the information required by this section if the voter2-23
is registered in the county named on the document.2-24
Sec. 3. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person2-26
may be a candidate for a partisan office in any election if he has changed:2-27
(a) The designation of his political party affiliation; or2-28
(b) His designation of political party from nonpartisan to a designation2-29
of a political party affiliation,2-30
on an application to register to vote in the State of Nevada or in any other2-31
state since the September 1 next preceding the closing filing date for the2-32
election, whether or not his previous registration was still effective at the2-33
time of the change in party designation.2-34
2. The provisions of subsection 1 do not apply to any person who is a2-35
candidate of a political party that was not qualified pursuant to NRS2-36
293.171 on the September 1 next preceding the closing filing date for the2-37
election.2-38
Sec. 4. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file2-40
with the proper filing officer:2-41
(a) A copy of the petition of candidacy that he intends to circulate for2-42
signatures. The copy must be filed before the petition may be circulated.3-1
(b) A petition of candidacy signed by a number of registered voters3-2
equal to at least 1 percent of the total number of ballots cast in the state or3-3
in the county or district electing that officer at the last preceding general3-4
election in which a person was elected to that office.3-5
2. The petition may consist of more than one document. Each3-6
document must bear the name of the county in which it was circulated and3-7
only registered voters of that county may sign the document. The person3-8
who circulates the document must be a registered voter of that county. If3-9
the office is a district office, only the registered voters of that district may3-10
sign the document. The documents which are circulated for signature in a3-11
county must be submitted to that county clerk for verification in the3-12
manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than3-13
3-14
officer. Each signer shall add to his signature the address of the place at3-15
which he actually resides, the date that he signs the petition and the name3-16
of the county where he is registered to vote for the purpose of determining3-17
whether he is a registered voter. The person who circulates each document3-18
of the petition shall sign an affidavit attesting that the signatures on the3-19
document are genuine to the best of his knowledge and belief and were3-20
signed in his presence by persons registered to vote in that county.3-21
3. The petition of candidacy may state the principle, if any, which the3-22
person qualified represents.3-23
4. Petitions of candidacy must be filed not earlier than the first3-24
Monday in May preceding the general election and not later than 5 p.m. on3-25
the third Tuesday in August.3-26
5. No petition of candidacy may contain the name of more than one3-27
candidate for each office to be filled.3-28
6. A person may not file as an independent candidate if he is3-29
proposing to run as the candidate of a political party.3-30
7. The names of independent candidates must be placed on the general3-31
election ballot and must not appear on the primary election ballot.3-32
8. If the candidacy of any person seeking to qualify pursuant to this3-33
section is challenged, all affidavits and documents in support of the3-34
challenge must be filed not later than 5 p.m. on the fourth Tuesday in3-35
August. Any judicial proceeding resulting from the challenge must be set3-36
for hearing not more than 5 days after the fourth Tuesday in August.3-37
9. Any challenge pursuant to subsection 8 must be filed with:3-38
(a) The first judicial district court if the petition of candidacy was filed3-39
with the secretary of state.3-40
(b) The district court for the county where the petition of candidacy was3-41
filed if the petition was filed with a county clerk.3-42
10. An independent candidate for partisan office must file a3-43
declaration of candidacy with the proper filing officer and pay the fee4-1
required by NRS 293.193 not earlier than the first Monday in May of the4-2
year in which the election is held nor later than 5 p.m. of the first4-3
Wednesday in July.4-4
Sec. 5. NRS 293.202 is hereby amended to read as follows: 293.202 A withdrawal of candidacy for office must be in writing and4-6
must be presented by the candidate in person, within 7 days , excluding4-7
Saturdays, Sundays and holidays, after the last day for filing, to the4-8
officer whose duty it is to receive filings for candidacy for that office.4-9
Sec. 6. NRS 293.525 is hereby amended to read as follows: 293.525 1. Any elector who is presently registered and has changed4-11
his residence after the last preceding general election and who fails to4-12
return or never receives a postcard mailed pursuant to NRS 293.5235,4-13
293.530, or 293.535 who moved:4-14
(a) From one precinct to another or from one congressional district to4-15
another within the same county must be allowed to vote in the precinct4-16
where he previously resided after he provides an oral or written affirmation4-17
before an election board officer attesting to his new address.4-18
(b) Within the same precinct must be allowed to vote after he provides4-19
an oral or written affirmation before an election board officer attesting to4-20
his new address.4-21
2. If an elector alleges that the records in the registrar of voters’4-22
register or the election board register incorrectly indicate that he has4-23
changed his residence, he must be permitted to vote after he provides an4-24
oral or written affirmation before an election board officer attesting that he4-25
continues to reside at the same address.4-26
3. If an elector refuses to provide an oral or written affirmation4-27
attesting to his address as required by this section, he may only vote at the4-28
special polling place in the county in the manner set forth in NRS 293.304.4-29
4. The county clerk shall use any information regarding the current4-30
address of an elector obtained pursuant to this section to correct4-31
information in the registrar of voters’ register and the election board4-32
register.4-33
Sec. 7. NRS 293.547 is hereby amended to read as follows: 293.547 1. After the 30th day but not later than the4-35
before any election, a written challenge may be filed with the county clerk.4-36
2. A registered voter may file a written challenge if:4-37
(a) He is registered to vote in the same precinct or district as the person4-38
whose right to vote is challenged; or4-39
(b) The challenge is based on the personal knowledge of the registered4-40
voter.4-41
3. The challenge must be signed and verified by the registered voter4-42
and name the person whose right to vote is challenged and the ground of4-43
the challenge.5-1
4. A challenge filed pursuant to this section must not contain the name5-2
of more than one person whose right to vote is challenged. The county5-3
clerk shall not accept for filing any challenge which contains more than5-4
one such name.5-5
5. The county clerk shall file the challenge in the registrar of voters’5-6
register and:5-7
(a) In counties where records of registration are not kept by computer,5-8
he shall attach a copy of the challenge to the challenged registration in the5-9
election board register.5-10
(b) In counties where records of registration are kept by computer, he5-11
shall have the challenge printed on the computer entry for the challenged5-12
registration and add a copy of it to the election board register.5-13
6. The county clerk shall, within 5 days after a challenge is filed, mail5-14
a notice to the person whose right to vote has been challenged pursuant to5-15
this section informing him of the challenge. A copy of the challenge must5-16
accompany the notice.5-17
Sec. 8. NRS 293C.175 is hereby amended to read as follows: 293C.175 1. A primary city election must be held in each city of the5-19
first class, and in each city of the second class that has so provided by5-20
ordinance, on the first Tuesday after the first Monday in5-21
every year in which a general city election is to be held, at which time5-22
there must be nominated candidates for offices to be voted for at the next5-23
general city election.5-24
2. A candidate for any office to be voted for at the primary city5-25
election must file a declaration of candidacy with the city clerk not less5-26
than 60 days nor more than 70 days before the date of the primary city5-27
election. The city clerk shall charge and collect from the candidate and the5-28
candidate must pay to the city clerk, at the time of filing the declaration of5-29
candidacy, a filing fee in an amount fixed by the city council by ordinance.5-30
The filing fees collected by the city clerk must be deposited to the credit of5-31
the general fund of the city.5-32
3. All candidates, except as otherwise provided in NRS 266.220, must5-33
be voted upon by the electors of the city at large.5-34
4. If, in a primary city election held in a city of the first or second5-35
class, one candidate receives more than a majority of votes cast in that5-36
election for the office for which he is a candidate, his name alone must be5-37
placed on the ballot for the general city election. If, in the primary city5-38
election, no candidate receives a majority of votes cast in that election for5-39
the office for which he is a candidate, the names of the two candidates5-40
receiving the highest number of votes must be placed on the ballot for the5-41
general city election.6-1
Sec. 9. NRS 293C.190 is hereby amended to read as follows: 293C.190 1. A vacancy occurring in a nomination for a city office6-3
after the close of filing and before the first Tuesday after the first Monday6-4
in6-5
filled by filing a nominating petition that is signed by at least 1 percent of6-6
the persons who are registered to vote and who voted for that office at the6-7
last preceding general city election. The petition must be filed not earlier6-8
than 30 days before the date of the primary city election and not later than6-9
the third Tuesday after the third Monday in6-10
nominated pursuant to the provisions of this subsection may be elected6-11
only at a general city election and his name must not appear on the ballot6-12
for a primary city election.6-13
2. A vacancy occurring in a nomination for a city office after a6-14
primary city election and before the second Tuesday after the second6-15
Monday in6-16
highest vote for the nomination in the primary city election.6-17
3. Except to place a candidate nominated pursuant to subsection 1 on6-18
the ballot, no change may be made on the ballot after the second Tuesday6-19
after the second Monday in6-20
city election is held. If a nominee dies after that date, his name must6-21
remain on the ballot and, if elected, a vacancy exists.6-22
4. All designations provided for in this section must be filed before 56-23
p.m. on the second Tuesday after the second Monday in6-24
year in which the general city election is held. The filing fee must be paid6-25
and an acceptance of the designation must be filed before 5 p.m. on that6-26
date.6-27
Sec. 10. NRS 293C.195 is hereby amended to read as follows: 293C.195 A withdrawal of candidacy for a city office must be in6-29
writing and presented to the city clerk by the candidate in person within 26-30
days , excluding Saturdays, Sundays and holidays, after the last day for6-31
filing a declaration of candidacy or an acceptance of candidacy.6-32
Sec. 11. NRS 293C.345 is hereby amended to read as follows: 293C.345 The city clerk shall mail to each registered voter in each6-34
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.6-35
on the third Thursday in6-36
Tuesday in May of any year in which a general city election is held, an6-37
official mailing ballot to be voted by him at the election.6-38
Sec. 12. NRS 293C.370 is hereby amended to read as follows: 293C.370 1. Whenever a candidate whose name appears upon the6-40
ballot at a general city election dies after 5 p.m. of the third Tuesday after6-41
the third Monday in6-42
polls on the day of the election, the votes cast for the deceased candidate7-1
must be counted in determining the results of the election for the office for7-2
which the decedent was a candidate.7-3
2. If the deceased candidate receives the majority of the votes cast for7-4
the office, he shall be deemed elected and the office to which he was7-5
elected shall be deemed vacant at the beginning of the term for which he7-6
was elected. The vacancy created must be filled in the same manner as if7-7
the candidate had died after taking office for that term.7-8
Sec. 13. Chapter 294A of NRS is hereby amended by adding thereto a7-9
new section to read as follows:7-10
For any report required to be filed pursuant to a provision of this7-11
chapter, an amendment to that report may be filed with the same officer7-12
with whom the original report is required to be filed within 5 days after7-13
the date by which the original report is required to be filed. The7-14
amendatory information must be:7-15
1. Reported on a form provided by the secretary of state that must7-16
include the phrase "Amended" on the top of the form; and7-17
2. Signed, under penalty of perjury, by the candidate, person or7-18
representative of the group that is required to file the original report.7-19
If filed within 5 days after the date by which the original report was7-20
required to be filed, the date of filing the amendment to the report shall7-21
be deemed to be the date the original report was filed.7-22
Sec. 14. NRS 294A.120 is hereby amended to read as follows: 294A.120 1. Every candidate for state, district, county or township7-24
office at a primary or general election shall, not later than:7-25
(a) Seven days before the primary election, for the period from 30 days7-26
before the regular session of the legislature after the last election for that7-27
office up to 12 days before the primary election;7-28
(b) Seven days before the general election, whether or not the candidate7-29
won the primary election, for the period from 12 days before the primary7-30
election up to 12 days before the general election; and7-31
(c) The 15th day of the second month after the general election, for the7-32
remaining period up to 30 days before the next regular session of the7-33
legislature,7-34
report the total amount of his campaign contributions on forms designed7-35
and provided by the secretary of state and signed by the candidate under7-36
penalty of perjury.7-37
2. Except as otherwise provided in subsection 3, every candidate for a7-38
district office at a special election shall, not later than:7-39
(a) Seven days before the special election, for the period from his7-40
nomination up to 12 days before the special election; and7-41
(b) Thirty days after the special election, for the remaining period up to7-42
the special election,8-1
report the total amount of his campaign contributions on forms designed8-2
and provided by the secretary of state and signed by the candidate under8-3
penalty of perjury.8-4
3. Every candidate for state, district, county, municipal or township8-5
office at a special election to determine whether a public officer will be8-6
recalled shall report the total amount of his campaign contributions on8-7
forms designed and provided by the secretary of state and signed by the8-8
candidate under penalty of perjury, 30 days after8-9
(a) The special election, for the period from the filing of the notice of8-10
intent to circulate the petition for recall up to the special election8-11
(b) A district court determines that the petition for recall is legally8-12
insufficient pursuant to subsection 4 of NRS 306.040, for the period from8-13
the filing of the notice of intent to circulate the petition for recall up to8-14
the date of the district court’s decision.8-15
4. Reports of campaign contributions must be filed with the officer8-16
with whom the candidate filed the declaration of candidacy or acceptance8-17
of candidacy. A candidate may mail the report to that officer by certified8-18
mail. If certified mail is used, the date of mailing shall be deemed the date8-19
of filing.8-20
5. Every county clerk who receives from candidates for legislative or8-21
judicial office, except the office of justice of the peace or municipal judge,8-22
reports of campaign contributions pursuant to subsection 4 shall file a copy8-23
of each report with the secretary of state within 10 working days after he8-24
receives the report.8-25
6. Each contribution in excess of $100 and contributions which a8-26
contributor has made cumulatively in excess of that amount since the8-27
beginning of the first reporting period must be separately identified with8-28
the name and address of the contributor and the date of the contribution,8-29
tabulated and reported on the form provided by the secretary of state.8-30
Sec. 15. NRS 294A.200 is hereby amended to read as follows: 294A.200 1. Every candidate for state, district, county or township8-32
office at a primary or general election shall, not later than:8-33
(a) Seven days before the primary election, for the period from 30 days8-34
before the regular session of the legislature after the last election for that8-35
office up to 12 days before the primary election;8-36
(b) Seven days before the general election, whether or not the candidate8-37
won the primary election, for the period from 12 days before the primary8-38
election up to 12 days before the general election; and8-39
(c) The 15th day of the second month after the general election, for the8-40
remaining period up to 30 days before the next regular session of the8-41
legislature,8-42
report his campaign expenses on forms designed and provided by the8-43
secretary of state and signed by the candidate under penalty of perjury.9-1
2. Except as otherwise provided in subsection 3, every candidate for a9-2
district office at a special election shall, not later than:9-3
(a) Seven days before the special election, for the period from his9-4
nomination up to 12 days before the special election; and9-5
(b) Sixty days after the special election, for the remaining period up to9-6
30 days after the special election,9-7
report his campaign expenses on forms designed and provided by the9-8
secretary of state and signed by the candidate under penalty of perjury.9-9
3. Every candidate for state, district, county, municipal or township9-10
office at a special election to determine whether a public officer will be9-11
recalled shall report his campaign expenses on forms designed and9-12
provided by the secretary of state and signed by the candidate under9-13
penalty of perjury, 60 days after9-14
(a) The special election, for the period from the filing of the notice of9-15
intent to circulate the petition for recall up to 30 days after the special9-16
election9-17
(b) A district court determines that the petition for recall is legally9-18
insufficient pursuant to subsection 4 of NRS 306.040, for the period from9-19
the filing of the notice of intent to circulate the petition for recall up to9-20
the date of the district court’s decision.9-21
4. Reports of campaign expenses must be filed with the officer with9-22
whom the candidate filed the declaration of candidacy or acceptance of9-23
candidacy. A candidate may mail the report to that officer by certified9-24
mail. If certified mail is used, the date of mailing shall be deemed the date9-25
of filing.9-26
5. County clerks who receive from candidates for legislative or9-27
judicial office, except the office of justice of the peace or municipal judge,9-28
reports of campaign expenses pursuant to subsection 4 shall file a copy of9-29
each report with the secretary of state within 10 working days after he9-30
receives the report.9-31
Sec. 16. NRS 295.095 is hereby amended to read as follows: 295.095 1. Any five registered voters of the county may commence9-33
initiative or referendum proceedings by filing with the county clerk an9-34
affidavit stating they will constitute the petitioners’ committee and be9-35
responsible for circulating the petition and filing it in proper form, stating9-36
their names and addresses and specifying the address to which all notices9-37
to the committee are to be sent, and setting out in full the proposed9-38
initiative ordinance or citing the ordinance sought to be reconsidered.9-39
2. Initiative petitions must be signed by a number of registered voters9-40
of the county equal to 15 percent or more of the number of voters who9-41
voted at the last preceding general election in the county.10-1
3. Referendum petitions must be signed by a number of registered10-2
voters of the county equal to 10 percent or more of the number of voters10-3
who voted at the last preceding general election in the county.10-4
4. A petition must be filed not later than:10-5
(a) One hundred and eighty days after the date that the affidavit10-6
required by subsection 1 is filed with the county clerk; or10-7
(b)10-8
primary election, the first Monday in March of the year in which a10-9
primary election will be held or, to be placed on the ballot for the general10-10
election, the first Monday in May of the year in which a general election10-11
will held,10-12
whichever is earlier.10-13
5. A petition may consist of more than one document, but all10-14
documents of a petition must be uniform in size and style, numbered and10-15
assembled as one instrument for filing. Each signature must be executed in10-16
ink or indelible pencil and followed by the address of the person signing10-17
and the date on which he signed the petition. All signatures on a petition10-18
must be obtained within the period specified in paragraph (a) of subsection10-19
4. Each document must contain or have attached thereto throughout its10-20
circulation the full text of the ordinance proposed or sought to be10-21
reconsidered.10-22
6. Each document of a petition must have attached to it when filed an10-23
affidavit executed by the circulator thereof stating:10-24
(a) That he personally circulated the document;10-25
(b) The number of signatures thereon;10-26
(c) That all the signatures were affixed in his presence;10-27
(d) That he believes them to be genuine signatures of the persons whose10-28
names they purport to be; and10-29
(e) That each signer had an opportunity before signing to read the full10-30
text of the ordinance proposed or sought to be reconsidered.10-31
7. The county clerk shall issue a receipt to any person who submits a10-32
petition pursuant to this section. The receipt must set forth the number of:10-33
(a) Documents included in the petition;10-34
(b) Pages in each document; and10-35
(c) Signatures that the person declares are included in the petition.10-36
Sec. 17. NRS 295.115 is hereby amended to read as follows: 295.115 1. When an initiative or referendum petition has been10-38
finally determined sufficient, the board shall promptly consider the10-39
proposed initiative ordinance in the manner provided by law for the10-40
consideration of ordinances generally or reconsider the referred ordinance10-41
by voting its repeal. If the board fails to adopt a proposed initiative10-42
ordinance without any change in substance within 60 days or fails to repeal10-43
the referred ordinance within 30 days after the date the petition was finally11-1
determined sufficient, it shall submit the proposed or referred ordinance to11-2
the registered voters of the county.11-3
2. The vote of the county on a proposed or referred ordinance must be11-4
held at the next primary or general election. Copies of the proposed or11-5
referred ordinance must be made available at the polls. If the proposed or11-6
referred ordinance will be submitted to the voters of the county:11-7
(a) At a primary election, the board shall provide a copy of the11-8
question as to whether the ordinance should be adopted, including an11-9
explanation of and arguments for and against the question, to the county11-10
clerk on or before the third Monday in July preceding the election.11-11
(b) At a general election, the board shall provide a copy of the11-12
question as to whether the ordinance should be adopted, including an11-13
explanation of and arguments for and against the question, to the county11-14
clerk on or before the third Monday in May preceding the election.11-15
3. An initiative or referendum petition may be withdrawn at any time11-16
before the 30th day preceding the day scheduled for a vote of the county or11-17
the deadline for placing questions on the ballot, whichever is earlier, by11-18
filing with the county clerk a request for withdrawal signed by at least four11-19
members of the petitioners’ original committee. Upon the filing of that11-20
request, the petition has no further effect and all proceedings thereon must11-21
be terminated.11-22
Sec. 18. Chapter 306 of NRS is hereby amended by adding thereto a11-23
new section to read as follows:11-24
If a public officer who is subject to a recall petition resigns his office:11-25
1. Before the call for a special election is issued:11-26
(a) The official with whom the petition to recall is filed shall cease any11-27
further proceedings regarding the petition;11-28
(b) A vacancy occurs in that office; and11-29
(c) The vacancy thereby created must be filled in the manner provided11-30
by law.11-31
2. After the call for a special election is issued, the special election11-32
must be conducted.11-33
Sec. 19. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a11-35
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,11-36
inclusive, the secretary of state shall notify the county clerk, the officer11-37
with whom the petition is to be filed pursuant to subsection 4 of NRS11-38
306.015 and the public officer who is the subject of the petition.11-39
2. Any person who signs a petition to recall may request the secretary11-40
of state to strike his name from the petition after the verification of11-41
signatures is complete and before12-1
(a) The call for a special election is issued12-2
12-3
(b) If a complaint is filed pursuant to subsection 4 challenging the12-4
legal sufficiency of the petition, the date the complaint was filed.12-5
The secretary of state shall strike12-6
timely request and demonstrates good cause therefor from the petition.12-7
3. Not sooner than 10 days nor more than 20 days after the secretary of12-8
state completes the notification required by subsection 1, the officer with12-9
whom the petition is filed shall issue a call for a special election in the12-10
jurisdiction in which the public officer was elected to determine whether12-11
the people will recall him. The call must include, without limitation:12-12
(a) The last day on which a person may register to vote to qualify to12-13
vote in the special election; and12-14
(b) The last day on which a petition to nominate other candidates for the12-15
office may be filed.12-16
4. The legal sufficiency of the petition may be challenged by filing a12-17
complaint in district court not later than 5 days, Saturdays ,12-18
and holidays excluded, after the secretary of state completes the12-19
notification required by subsection 1. All affidavits and documents in12-20
support of the challenge must be filed with the complaint. The court shall12-21
set the matter for hearing not later than 30 days after the complaint is filed12-22
and shall give priority to such a complaint over all other matters pending12-23
with the court, except for criminal proceedings.12-24
5. Upon the conclusion of the hearing, if the court determines that the12-25
petition is sufficient, it shall order the officer with whom the petition is12-26
filed to issue a call for a special election to determine whether the people12-27
will recall the public officer who is the subject of the petition. If the court12-28
determines that the petition is not sufficient, it shall order the officer with12-29
whom the petition is filed to cease any further proceedings regarding the12-30
petition.12-31
Sec. 20. Section 96 of the charter of Boulder City is hereby amended12-32
to read as follows:12-33
Section 96. Conduct of city elections.12-34
1. All City elections12-35
and12-36
the general election laws of the State of Nevada and any ordinance12-37
regulations as adopted by the City Council which are consistent12-38
with law and this Charter. (1959 Charter)12-39
2. All full terms of office in the City Council12-40
four years, and Councilmen12-41
regard to precinct residency. Two full-term Councilmen and the12-42
Mayor are to be elected in each year immediately preceding a12-43
Federal presidential election, and two full-term Councilmen are to13-1
be elected in each year immediately following a Federal13-2
presidential election. In each election, the candidates receiving the13-3
greatest number of votes13-4
vacant full-term positions. (Add. 17; Amd. 1; 11-5-96)13-5
A. In the event one or more two-year term positions on the13-6
Council will be available at the time of a municipal election as13-7
provided in Section 12, candidates13-8
such position(s). Candidates receiving the greatest respective13-9
number of votes13-10
available two-year positions. (Add. 15; Amd. 2; 6-4-91)13-11
3. A city primary election13-12
Tuesday after the13-13
numbered year and a City general election13-14
the13-15
odd-numbered year.13-16
A.13-17
no more than double the number of Councilmen to be elected file13-18
as candidates.13-19
held for the office of Mayor if no more than two candidates file for13-20
that position. The primary election13-21
purpose of eliminating candidates in excess of a figure double the13-22
number of Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)13-23
B. If, in the primary City election, a candidate receives votes13-24
equal to a majority of voters casting ballots in that election, he shall13-25
be considered elected to one of the vacancies and his name shall13-26
not be placed on the ballot for the general City election. (Add. 10;13-27
Amd. 7; 6-2-81)13-28
C. In each primary and general election, voters shall be entitled13-29
to cast ballots for candidates in a number equal to the number of13-30
seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)13-31
Sec. 21. 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 in13-38
time there must be nominated candidates for offices to be voted for13-39
at 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. A candidate for mayor, councilman, municipal judge or any14-2
other office not otherwise provided for by law must pay to the city14-3
clerk, at the time of filing the declaration of candidacy, the filing14-4
fee in the amount fixed by the city council.14-5
4. All candidates for elective office must be voted upon by the14-6
registered voters of the city at large.14-7
5. If in the primary election no candidate receives a majority of14-8
votes cast in that election for the office for which he is a candidate,14-9
the names of the two candidates receiving the highest number of14-10
votes must be placed on the ballot for the general election. If in the14-11
primary election, regardless of the number of candidates for an14-12
office, one candidate receives a majority of votes cast in that14-13
election for the office for which he is a candidate, he must be14-14
declared elected and no general election need be held for that14-15
office.14-16
6. If at 5 p.m. on the last day for filing a declaration of14-17
candidacy, there is only one candidate for nomination for any14-18
office, that candidate must be declared elected and no election may14-19
be held for that office.14-20
Sec. 22. 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:14-24
Sec. 5.010 Primary municipal elections.14-25
1. On the Tuesday after the14-26
1985, and at each successive interval of 4 years, a primary14-27
municipal election must be held in the city at which time candidates14-28
for two offices of councilman and for municipal judge, department14-29
2, must be nominated.14-30
2. On the Tuesday after the14-31
1987, and at each successive interval of 4 years, a primary14-32
municipal election must be held in the city at which time candidates14-33
for 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 2.15-1
4. If the city council has established an additional department15-2
or departments of the municipal court pursuant to section 4.010 of15-3
this charter, and, as a result, more than one office of municipal15-4
judge is to be filled at any election, the candidates for those offices15-5
must be nominated and voted upon separately according to the15-6
respective departments.15-7
5. Each candidate for the municipal offices which are provided15-8
for in subsections 1, 2 and 4 must file a declaration of candidacy15-9
with the city clerk. The city clerk shall collect from each candidate,15-10
at the time of filing that candidate’s declaration of candidacy, the15-11
filing fee which is prescribed by ordinance for that office. All of15-12
the filing fees which are collected by the city clerk must be paid15-13
into the city treasury.15-14
6. If, at 5 p.m. on the last day for filing a declaration of15-15
candidacy, there is only one candidate for nomination for any15-16
office, that candidate must be declared elected for the term which15-17
commences on the day of the first regular meeting of the city15-18
council next succeeding the meeting at which the canvass of the15-19
returns is made, and no primary or general election need be held for15-20
that office.15-21
7. If, in the primary election, regardless of the number of15-22
candidates for an office, one candidate receives a majority of votes15-23
which are cast in that election for the office for which he is a15-24
candidate, he must be declared elected for the term which15-25
commences on the day of the first regular meeting of the city15-26
council next succeeding the meeting at which the canvass of the15-27
returns is made, and no general election need be held for that15-28
office. If, in the primary election, no candidate receives a majority15-29
of votes which are cast in that election for the office for which he is15-30
a candidate, the names of the two candidates who receive the15-31
highest number of votes must be placed on the ballot for the15-32
general election.15-33
Sec. 23. Section 5.020 of the charter of the city of North Las Vegas,15-34
being chapter 573, Statutes of Nevada 1971, as last amended by chapter15-35
215, Statutes of Nevada 1997, at page 748, is hereby amended to read as15-36
follows:15-37
Sec. 5.020 Primary municipal elections; declaration of15-38
candidacy.15-39
1. The city council shall provide by ordinance for candidates15-40
for elective office to declare their candidacy and file the necessary15-41
documents.15-42
2. If for any general municipal election there are three or more15-43
candidates for the offices of mayor or municipal judge, or five or16-1
more candidates for the office of councilman, a primary election16-2
for any such office must be held on the Tuesday following the first16-3
Monday in16-4
3. Except as otherwise provided in subsections 4 and 5, after16-5
the primary election, the names of the two candidates for mayor16-6
and municipal judge and the names of the four candidates for city16-7
councilman who receive the highest number of votes must be16-8
placed on the ballot for the general election.16-9
4. If one of the candidates for mayor or municipal judge16-10
receives a majority of the total votes cast for that office in the16-11
primary election, he shall be declared elected to office and his16-12
name must not appear on the ballot for the general election.16-13
5. If a candidate for city council receives votes equal to a16-14
majority of voters casting ballots in the primary election:16-15
(a) He shall be declared elected to one of the open seats on the16-16
city council and his name must not appear on the ballot for the16-17
general election.16-18
(b) Unless all the open seats were filled pursuant to paragraph16-19
(a), the names of those candidates who received the highest number16-20
of votes but did not receive a number of votes equal to a majority16-21
of the voters casting ballots in the primary election, not to exceed16-22
twice the number of candidates remaining to be elected, must be16-23
placed on the ballot for the general election.16-24
Sec. 24. Section 5.020 of the charter of the city of Sparks, being16-25
chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,16-26
Statutes of Nevada 1997, at page 3482, is hereby amended to read as16-27
follows:16-28
Sec. 5.020 Primary municipal elections: Declaration of16-29
candidacy.16-30
1. If for any general municipal election there are three or more16-31
candidates for the offices of mayor, city attorney or municipal16-32
judge or three or more candidates from each ward to represent the16-33
ward as a member of the city council, a primary election for that16-34
office must be held on the first Tuesday after the first Monday in16-35
16-36
2. Candidates for the offices of mayor, city attorney and16-37
municipal judge must be voted upon by the registered voters of the16-38
city at large. Candidates to represent a ward as a member of the city16-39
council must be voted upon by the registered voters of the ward to16-40
be represented by them.17-1
3. The names of the two candidates for mayor, city attorney17-2
and municipal judge and the names of the two candidates to17-3
represent the ward as a member of the city council from each ward17-4
who receive the highest number of votes at the primary election17-5
must be placed on the ballot for the general election.~