Assembly Bill No. 615–Committee on Elections,
Procedures, and Ethics
CHAPTER........
AN ACT relating to elections; revising provisions governing the recall of public officers;
revising various provisions governing the circulation of petitions and verification of
signatures on petitions; changing the date of the primary city election for certain
cities; revising various deadlines and procedures relating to the filing of petitions,
challenges, withdrawals of candidacy, lists of candidates and reports of campaign
contributions and expenditures; prohibiting the solicitation of certain contributions;
revising certain provisions governing the testing of mechanical voting systems;
providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a
new section to read as follows:
A person may sign a petition required under the election laws of this
state on or after the date he is deemed to be registered to vote pursuant to
subsection 5 of NRS 293.517 or subsection 5 of NRS 293.5235.
Sec. 2.
NRS 293.12793 is hereby amended to read as follows:293.12793 1. If the secretary of state determines that the total
number of signatures that the county clerks have certified pursuant to NRS
293.1277 or 293.1279 is less than 100 percent of the number of registered
voters needed to make the petition sufficient, the person who submitted the
petition may contest the verification of the [votes] signatures by filing an
appeal with the secretary of state. The appeal must:
(a) Be filed within 5 working days after receipt of notification of the
determination of the secretary of state;
(b) Include each reason for the appeal; and
(c) Include a statement of the number of signatures, if any, that the
county clerk determined were invalid.
2. The secretary of state shall [consider] :
(a) If the petition was circulated pursuant to chapter 306 of NRS,
immediately notify the public officer who is the subject of the petition of
the appeal by the person who submitted the petition; and
(b) Consider the allegations and conduct an investigation , if necessary.
Sec. 3. NRS 293.128 is hereby amended to read as follows:
293.128 1. To qualify as a major political party any organization
must, under a common name:
(a) On January 1 preceding any primary election, have been designated
as a political party on the applications to register to vote of at least 10
percent of the total number of registered voters in [the] this state; or
(b) File a petition with the secretary of state not later than the last Friday
in April before any primary election signed by a number of registered
voters equal to or more than 10 percent of the total number of votes cast atthe last preceding general election for the offices of Representative in
Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the
names of the voters need not all be on one document, but each document of
the petition must be verified by at least one of its signers to the effect that
the signers are registered voters of [the] this state according to his best
information and belief and that the signatures are genuine and were signed
in his presence. Each document of the petition must bear the name of a
county and only registered voters of that county may sign the document.
The documents which are circulated for signature must then be submitted
for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later
than [65] 25 working days before the last Friday in April preceding a
primary election.
3. In addition to the requirements set forth in subsection 1, each
organization which wishes to qualify as a political party must file with the
secretary of state a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as resident
agent in this state.
4. A political party shall file with the secretary of state an amended
certificate of existence within 5 days after any change in the information
contained in the certificate.
Sec. 4. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy
occurring in a major or minor political party nomination for a partisan
office may be filled by a candidate designated by the party central
committee of the county or state, as the case may be, subject to the
provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of
filing and before the first Tuesday in September must be filled by filing a
nominating petition that is signed by at least 1 percent of the persons who
are registered to vote and who voted for the office in question in the state,
county, district or municipality at the last preceding general election. The
petition must be filed not earlier than the first Tuesday in June and not later
than the third Tuesday in September. A candidate nominated pursuant to
the provisions of this subsection may be elected only at a general election
and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after a primary
election and before the second Tuesday in September must be filled by the
person who received the next highest vote for the nomination in the
primary.
4. Except to place a candidate nominated pursuant to subsection 2 on
the ballot, no change may be made on the ballot after the second Tuesday
in September of the year in which the general election is held. If a nomineedies after that date, his name must remain on the ballot and, if elected, a
vacancy exists.
5. All designations provided for in this section must be filed before 5
p.m. on the second Tuesday in September. In each case, the statutory filing
fee must be paid and an acceptance of the designation must be filed before
5 p.m. on that date.
Sec. 5. NRS 293.171 is hereby amended to read as follows:
293.171 1. To qualify as a minor political party an organization must
file with the secretary of state a certificate of existence which includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its candidates
forpartisan office
with the secretary of state.2. A copy of the constitution or bylaws of the party must be affixed to
the certificate.
3. A minor political party shall file with the secretary of state an
amended certificate of existence within 5 days after any change in the
information contained in the certificate.
4. The constitution or bylaws of a minor political party must provide a
procedure for the nomination of its candidates in such a manner that only
one candidate may be nominated for each office.
5. A minor political party whose candidates
for partisan office do notappear on the ballot for the general election must file a notice of continued
existence with the secretary of state not later than the second Friday in
August preceding the general election.
6. A minor political party which fails to file a notice of continued
existence as required by subsection 5 ceases to exist as a minor political
party in this state.
Sec. 6. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates
for partisan office of aminor political party must not appear on the ballot for a primary election.
2. The names of the candidates
for partisan office of a minor politicalparty must be placed on the ballot for the general election if the party has
filed a certificate of existence and a list of its candidates
for partisan officepursuant to the provisions of NRS 293.1725 with the secretary of state and:
(a) At the last preceding general election, the minor political party
polled for any of its candidates
for partisan office a number of votes equalto or more than 1 percent of the total number of votes cast for the offices of
Representative in Congress;
(b) On January 1 preceding a primary election, the minor political party
has been designated as the political party on the applications to register to
vote of at least 1 percent of the total number of registered voters in
this
state; or(c) Not later than the second Friday in August preceding the general
election, files a petition with the secretary of state which is signed by anumber of registered voters equal to at least 1 percent of the total number
of votes cast at the last preceding general election for the offices of
Representative in Congress.
3. The name of a candidate
for partisan office for a minor politicalparty other than a candidate for the office of President or Vice President of
the United States must be placed on the ballot for the general election if the
party has filed:
(a) A certificate of existence;
(b) A list of candidates
for partisan office containing the name of thecandidate pursuant to the provisions of NRS 293.1725 with the secretary of
state; and
(c) Not earlier than the first Monday in May preceding the general
election and not later than 5 p.m. on the third Monday in May, a petition on
behalf of the candidate with the secretary of state containing not less than:
(1) Two hundred fifty signatures of registered voters if the candidate
is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the candidate is to
be nominated for any office except a statewide office.
A minor political party that places names of one or more candidates
forpartisan office
on the ballot pursuant to this subsection may also place thenames of one or more candidates
for partisan office on the ballot pursuantto subsection 2.
4. The name of only one candidate of each minor political party for
each
partisan office may appear on the ballot for a general election.5. A minor political party must file a copy of the petition required by
paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the
secretary of state before the petition may be circulated for signatures.
Sec. 7. NRS 293.172 is hereby amended to read as follows:
293.172 1. A petition filed pursuant to subsection 2 or 3 of NRS
293.1715 may consist of more than one document. Each document of the
petition must:
(a) Bear the name of the minor political party and, if applicable, the
candidate and office to which the candidate is to be nominated.
(b) Include the affidavit of the person who circulated the document
verifying that the signers are registered voters in
to his best information and belief and that the signatures are genuine and
were signed in his presence.
(c) Bear the name of a county and be
county clerk of that county
for verification in the manner prescribed inNRS 293.1276 to 293.1279, inclusive,
not later than 25 working daysbefore
the last day to file the petition .pursuant to subsection 2 or 3 of NRS 293.1715.] A challenge to the form of
a document must be made in a district court in the county that is named on
the document.
(d) Be signed only by registered voters of the county that is named on
the document. 2. If the office to which the candidate is to be nominated is a county
office, only the registered voters of that county may sign the petition. If the
office to which the candidate is to be nominated is a district office, only the
registered voters of that district may sign the petition.
3. Each person who signs a petition shall also provide the address of
the place where he resides, the date that he signs and the name of the
county in which he is registered to vote.
4. The county clerk shall not disqualify the signature of a voter who
failed to provide all [of] the information required by subsection 3 if the
voter is registered in the county that is named on the document.
Sec. 8. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection 4, a minor
political party that wishes to place its candidates for partisan office on the
ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of
NRS 293.1715;
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS
293.1715; or
(c) Whose candidates are entitled to appear on the ballot pursuant to
subsection 3 of NRS 293.1715,
must file with the secretary of state a list of its candidates for partisan
office not earlier than the first Monday in May preceding the election nor
later than 5 p.m. on the third Monday in May. The list must be signed by
the person so authorized in the certificate of existence of the minor political
party before a notary public or other person authorized to take
acknowledgments. The secretary of state shall strike from the list each
candidate who is not entitled to appear on the ballot pursuant to subsection
3 of NRS 293.1715 if the minor political party is not entitled to place
candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list
must not be amended after it is filed.
2. The secretary of state shall immediately forward a certified copy of
the list of candidates for partisan office of each minor political party to the
filing officer with whom each candidate must file his declaration of
candidacy.
3. Each candidate on the list must file his declaration of candidacy with
the [proper] appropriate filing officer and pay the fee required by NRS
293.193 not earlier than the date on which the list of candidates for
partisan office of his minor political party is filed with the secretary of
state nor later than 5 p.m. on the third Monday in May.
4. A minor political party that wishes to place candidates for the offices
of President and Vice President of the United States on the ballot and has
qualified to place the names of its candidates for partisan office on the
ballot for the general election pursuant to subsection 2 of NRS 293.1715
must file with the secretary of state a certificate of nomination for these
offices not later than the first Tuesday in September.
Sec. 9. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of
September in each even-numbered year.
2. Candidates for partisan office of a major political party and
candidates for nonpartisan [offices] office must be nominated at the
primary election.
3. Candidates for partisan office of a minor political party must be
nominated in the manner prescribed pursuant to NRS 293.171 to 293.174,
inclusive.
4. Independent candidates for partisan office must be nominated in the
manner provided in NRS 293.200.
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply
to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise
provided for by statute.
Sec. 10. NRS 293.176 is hereby amended to read as follows:
293.176 1. Except as otherwise provided in subsection 2, no person
may be a candidate for partisan office in any election if he has changed:
(a) The designation of his political party affiliation; or
(b) His designation of political party from nonpartisan to a designation
of a political party affiliation,
on an application to register to vote in the State of Nevada or in any other
state [since the] during the time beginning on September 1 [next]
preceding the closing filing date for [the] that election and ending on the
date of that election [,] whether or not his previous registration was still
effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a
candidate of a political party that was not qualified pursuant to NRS
293.171 on the September 1 next preceding the closing filing date for the
election.
Sec. 11. NRS 293.187 is hereby amended to read as follows:
293.187 1. [On or before the third Tuesday in June, the] The
secretary of state shall forward to each county clerk a certified list
containing the name and mailing address of each person for whom
candidacy papers have been filed in the office of the secretary of state, and
who is entitled to be voted for in the county at the next succeeding primary
election, together with the title of the office for which the person is a
candidate and the party or principles he represents.
The secretary of stateshall forward the certified list not later than 5 working days after the last
day upon which any candidate on the list may withdraw his candidacy
pursuant to NRS 293.202.
2. There must be a party designation only for candidates for partisan
offices.
Sec. 12. NRS 293.197 is hereby amended to read as follows:
293.197 1. In any judicial district that has more than one district
judge, each department is a separate office for the purposes of nominating
and electing the district judge of that department.
2. In any judicial district that includes a county whose population is
100,000 or more:
(a) The departments of the family division of the district court must be
denoted as such on all ballots and sample ballots, using the words "district
court judge, family division, department . . . ." Each such department must
be
separately designated .in sequence for each department.]
(b) The remaining departments of the district court must be denoted as
such on all ballots and sample ballots, using the words "district court judge,
department . . . ." Each such department must be designated with a numeral,
beginning with "1" and continuing in sequence for each department.
Sec. 13. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file
with the
(a) A copy of the petition of candidacy that he intends to circulate for
signatures. The copy must be filed
not earlier than the January 2preceding the date of the election and not later than 25 working days
before the last day to file the petition pursuant to subsection 4. The copy
must also be filed
before the petition may be circulated.(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters
equal to at least 1 percent of the total number of ballots cast in
state or in the county or district electing that officer at the last preceding
general election in which a person was elected to that office.
(2) A petition of candidacy signed by 250 registered voters if the
candidate is a candidate for statewide office, or signed by 100 registered
voters if the candidate is a candidate for any office other than a statewide
office.
2. The petition may consist of more than one document. Each
document must bear the name of the county in which it was circulated and
only registered voters of that county may sign the document.
who circulates the document must be a registered voter of that county.] If
the office is [a district] not a statewide office, only the registered voters of
[
document. The documents that are circulated for signature in a county must
be
manner prescribed in NRS 293.1276 to 293.1279, inclusive,
not later than25 working days
before the last day to file the petitionsubsection 4. Each
signature the address of the place at which he actually resides, the date that
he signs the petition and the name of the county where he is registered to
vote
.attesting that the signatures on the document are genuine to the best of his
knowledge and belief and were signed in his presence by persons registered
to vote in that county.
3. The petition of candidacy may state the principle, if any, which the
person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday
in May preceding the general election and not later than 5 p.m. on the third
Monday in May.
5. No petition of candidacy may contain the name of more than one
candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing
to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general
election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this
section is challenged, all affidavits and documents in support of the
challenge must be filed not later than 5 p.m. on the fourth Monday in May.
Any judicial proceeding resulting from the challenge must be set for
hearing not more than 5 days after the fourth Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed
with the secretary of state.
(b) The district court for the county where the petition of candidacy was
filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration
of candidacy with the
required by NRS 293.193 not earlier than the first Monday in May of the
year in which the election is held nor later than 5 p.m. on the third Monday
in May.
Sec. 14. NRS 293.202 is hereby amended to read as follows:
293.202 A withdrawal of candidacy for office must be in writing and
must be presented by the candidate in person, within 7 days
, excludingSaturdays, Sundays and holidays,
after the last day for filing, to the officerwhose duty it is to receive filings for candidacy for that office.
Sec. 15. NRS 293.3606 is hereby amended to read as follows:
293.3606 1. After 8 a.m. on election day, the appropriate board shall
count in public the returns for early voting.
2. The returns for early voting must not be reported until after the polls
have closed on election day.
3. The returns for early voting
the regular votes of the precinct, unless reporting the returns separately
would violate the secrecy of the voter's ballot.
4. The county clerk shall develop a procedure to ensure that each ballot
is kept secret. 5. Any person who disseminates to the public information relating to
the count of returns for early voting before the polls close is guilty of a
gross misdemeanor.
Sec. 16. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts
in any county have been received by the board of county commissioners,
the board shall meet and canvass the returns. The canvass must be
completed on or before the fifth working day following the election.
2. In making its canvass, the board shall:
(a) Note separately any clerical errors discovered; and
(b) Take account of the changes resulting from the discovery, so that the
result declared represents the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon
the records of the board an abstract of the result, which must contain the
number of votes cast for each candidate. The board, after making the
abstract, shall cause the county clerk to certify the abstract and, by an order
made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of the abstract in compliance with regulations
adopted by the secretary of state,
and transmit them to the secretary of state
working days after
4. The secretary of state shall, immediately after any primary election,
compile the returns for all candidates voted for in more than one county. He
shall make out and file in his office an abstract thereof, and shall certify to
the county clerk of each county the name of each person nominated, and the
name of the office for which he is nominated.
Sec. 17. NRS 293.820 is hereby amended to read as follows:
293.820 1. It is unlawful for any person to solicit
contribution
for any organization the title of which incorporates the name,or any form of the name, of any political party in this state without first
having obtained written approval therefor, or a charter for that
organization, from the central or executive committee of that political party
the name of which is being used or incorporated in the title of that
organization for the county in which the money is being solicited.
2. This section does not require any person or organization to obtain a
charter or written approval if that person or organization is:
(a) Publicly organized for the sole and limited purpose of supporting the
candidacy of a particular candidate in a single election.
(b) Chartered by a national political party or organization.
(c) Chartered by a state central committee in Nevada.
3. Any person who violates any provision of this section is guilty of a
gross misdemeanor.
4. As used in this section, "contribution" has the meaning ascribed
to it in NRS 294A.007.
Sec. 18.
NRS 293B.150 is hereby amended to read as follows:293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on
the day before the first day of early voting, the county or city clerk [of a
county or city that uses a] shall test:
1. The mechanical recording device which directly records votes
electronically [shall test the] , if any; or
2. The automatic tabulating equipment and programs , if any,
to ascertain that the
device or equipment and programs will correctly countthe votes cast for all offices and on all measures.
Sec. 19. NRS 293B.155 is hereby amended to read as follows:
293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165
must be conducted by processing a preaudited group of logic and accuracy
test ballots so punched, voted or marked as to record a predetermined
number of valid votes for each candidate and on each measure, and must
include for each office one or more ballots which have votes in excess of
the number allowed by law in order to test the ability of the
mechanicalrecording device or the
automatic tabulating equipment and programs toreject those votes.
2. If any error is detected, the cause therefor must be ascertained and
corrected and an errorless count must be made before the
mechanicalrecording device or the
automatic tabulating equipment and programs areapproved.
3. When satisfied with the accuracy of the
mechanical recordingdevice or automatic tabulating equipment and
computer program, theaccuracy certification board and the county or city clerk shall date and sign
all reports,
and seal the program, if any, and the reportsmaterial in an appropriate container. The container must be kept sealed by
the clerk.
4. Except as otherwise provided in this subsection, the contents of such
a sealed container are not subject to the inspection of anyone except in the
case of a contested election, and then only by the judge, body or board
before whom the election is being contested, or by the parties to the
contest, jointly, pursuant to an order of that judge, body or board. For the
period set forth in NRS 293.413 during which a candidate may file a
statement of contest, the results of the test must be made available in the
clerk's office for public inspection.
Sec. 20. NRS 293B.170 is hereby amended to read as follows:
293B.170 After the completion of the last logic and accuracy test, the
programs used,
if any, and the logic and accuracy test ballots and theofficial ballots shall be sealed, retained and disposed of in the manner
provided in NRS 293.391 for other ballots.
Sec. 21. NRS 293C.175 is hereby amended to read as follows:
293C.175 1. A primary city election must be held in each city of the
first class, and in each city of the second class that has so provided by
ordinance, on the first Tuesday after the first Monday in
every year in which a general city election is to be held, at which time theremust be nominated candidates for offices to be voted for at the next general
city election.
2. A candidate for any office to be voted for at the primary city
election must file a declaration of candidacy with the city clerk not less
than 60 days nor more than 70 days before the date of the primary city
election. The city clerk shall charge and collect from the candidate and the
candidate must pay to the city clerk, at the time of filing the declaration of
candidacy, a filing fee in an amount fixed by the governing body of the city
by ordinance or resolution. The filing fees collected by the city clerk must
be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must
be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of the first or second class,
one candidate receives more than a majority of votes cast in that election
for the office for which he is a candidate, his name alone must be placed on
the ballot for the general city election. If, in the primary city election, no
candidate receives a majority of votes cast in that election for the office for
which he is a candidate, the names of the two candidates receiving the
highest number of votes must be placed on the ballot for the general city
election.
Sec. 22. NRS 293C.190 is hereby amended to read as follows:
293C.190 1. A vacancy occurring in a nomination for a city office
after the close of filing and before the first Tuesday after the first Monday
in
filled by filing a nominating petition that is signed by at least 1 percent of
the persons who are registered to vote and who voted for that office at the
last preceding general city election. The petition must be filed not earlier
than 30 days before the date of the primary city election and not later than
the third Tuesday after the third Monday in
nominated pursuant to the provisions of this subsection may be elected only
at a general city election and his name must not appear on the ballot for a
primary city election.
2. A vacancy occurring in a nomination for a city office after a primary
city election and before the second Tuesday after the second Monday in
[
for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1 on
the ballot, no change may be made on the ballot after the second Tuesday
after the second Monday in
city election is held. If a nominee dies after that date, his name must remain
on the ballot and, if elected, a vacancy exists.
4. All designations provided for in this section must be filed before 5
p.m. on the second Tuesday after the second Monday in
year in which the general city election is held. The filing fee must be paid
and an acceptance of the designation must be filed before 5 p.m. on that
date. Sec. 23. NRS 293C.195 is hereby amended to read as follows:
293C.195 A withdrawal of candidacy for a city office must be in
writing and presented to the city clerk by the candidate in person within 2
days
, excluding Saturdays, Sundays and holidays, after the last day forfiling a declaration of candidacy or an acceptance of candidacy.
Sec. 24.
NRS 293C.345 is hereby amended to read as follows:293C.345 The city clerk shall mail to each registered voter in each
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.
on the third Thursday in [April] March and before 5 p.m. on the fourth
Tuesday in May of any year in which a general city election is held, an
official mailing ballot to be voted by him at the election.
Sec. 25. NRS 293C.370 is hereby amended to read as follows:
293C.370 1. Whenever a candidate whose name appears upon the
ballot at a general city election dies after 5 p.m. of the third Tuesday after
the third Monday in [May] April and before the time of the closing of the
polls on the day of the election, the votes cast for the deceased candidate
must be counted in determining the results of the election for the office for
which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for
the office, he shall be deemed elected and the office to which he was
elected shall be deemed vacant at the beginning of the term for which he
was elected. The vacancy created must be filled in the same manner as if
the candidate had died after taking office for that term.
Sec. 26. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for state, district, county or township
office at a primary or general election shall, not later than:
(a) Seven days before the primary election, for the period from 30 days
before the regular session of the legislature after the last election for that
office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate
won the primary election, for the period from 12 days before the primary
election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the
remaining period up to 30 days before the next regular session of the
legislature,
report the total amount of his campaign contributions on forms designed
and provided by the secretary of state and signed by the candidate under
penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a
district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his
nomination up to 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to
the special election,report the total amount of his campaign contributions on forms designed
and provided by the secretary of state and signed by the candidate under
penalty of perjury.
3. Every candidate for state, district, county, municipal or township
office at a special election to determine whether a public officer will be
recalled shall report the total amount of his campaign contributions on
forms designed and provided by the secretary of state and signed by the
candidate under penalty of perjury, 30 days after [the] :
(a) The special election, for the period from the filing of the notice of
intent to circulate the petition for recall up to the special election [.] ; or
(b) A district court determines that the petition for recall is legally
insufficient pursuant to subsection 5 of NRS 306.040, for the period from
the filing of the notice of intent to circulate the petition for recall up to
the date of the district court's decision.
4. Reports of campaign contributions must be filed with the officer
with whom the candidate filed the declaration of candidacy or acceptance
of candidacy. A candidate may mail the report to that officer by certified
mail. If certified mail is used, the date of mailing shall be deemed the date
of filing.
5. Every county clerk who receives from candidates for legislative or
judicial office, except the office of justice of the peace or municipal judge,
reports of campaign contributions pursuant to subsection 4 shall file a copy
of each report with the secretary of state within 10 working days after he
receives the report.
6. Each contribution in excess of $100 and contributions which a
contributor has made cumulatively in excess of that amount since the
beginning of the first reporting period must be separately identified with the
name and address of the contributor and the date of the contribution,
tabulated and reported on the form provided by the secretary of state.
Sec. 27. NRS 294A.125 is hereby amended to read as follows:
294A.125 1. In addition to complying with the requirements set forth
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives
contributions in any year before the year in which the general election or
general city election in which the candidate intends to seek election to
public office is held, shall,
(a) The year in which he receives contributions in excess of $10,000,
report the total contributions received
year.
(b) Each year after the year in which he received contributions in excess
of $10,000, until the year of the general election or general city election in
which the candidate intends to seek election to public office is held, report
the contributions received and the expenditures made in that year.
2. The reports required by subsection 1 must be submitted on a form
designed and provided by the secretary of state and signed by the candidate
under penalty of perjury. 3. Each contribution in excess of $100 and contributions that a
contributor has made cumulatively in excess of that amount must be
separately identified with the name and address of the contributor and the
date of the contribution, tabulated and reported on the form provided by the
secretary of state. Each expenditure in excess of $100 and expenditures that
the candidate made cumulatively in excess of that amount must be
separately identified with the date of the expenditure, tabulated and
reported on the form provided by the secretary of state.
4. The report must be filed
(a) With the officer with whom the candidate will file the declaration
of candidacy or acceptance of candidacy for the public office the
candidate intends to seek. A candidate may mail the report to that officer
by certified mail. If certified mail is used, the date of mailing shall be
deemed the date of filing.
(b) On or before January 15 of the year immediately after the year for
which the report is made.
5. A county clerk who receives from a candidate for legislative or
judicial office, except the office of justice of the peace or municipal
judge, a report of contributions and expenditures pursuant to subsection
4 shall file a copy of the report with the secretary of state within 10
working days after he receives the report.
Sec. 28.
NRS 294A.180 is hereby amended to read as follows:294A.180 1. Each candidate for a state, district, county, city or
township office who is not elected to that office shall, not later than the
15th day of the second month after his defeat, file a report with the
secretary of state stating the amount of contributions which he received for
that campaign but did not spend and the disposition of those unspent
contributions.
2. Each public officer who is elected to a state, district, county, city or
township office shall file a report : [with the secretary of state:]
(a) Not later than the 15th day of the second month after his election,
stating the amount of campaign contributions which he received but did not
spend and the amount, if any, of those unspent contributions disposed of
pursuant to subsection 2 of NRS 294A.160
month after his election;
(b) Not later than January 15th of each year of his term beginning the
year after he filed the report required by paragraph (a), stating the amount,
if any, of those unspent contributions disposed of pursuant to NRS
294A.160 during the period
report
through December 31 of the immediately preceding year and themanner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer
holds that office, stating the amount and disposition of any remaining
unspent contributions. 3. The reports required by subsections 1 and 2 must be submitted on a
form designed and provided by the secretary of state and signed by the
candidate or public officer under penalty of perjury.
4. A public officer filing a report pursuant to subsection 2:
(a) Shall file the report with the officer with whom he filed his
declaration of candidacy or acceptance of candidacy.
(b) May file the report by certified mail. If certified mail is used, the
date of mailing shall be deemed the date of filing.
5. A county clerk who receives from a legislative or judicial officer,
other than a justice of the peace or municipal judge, a report pursuant to
subsection 4 shall file a copy of the report with the secretary of state
within 10 working days after he receives the report.
Sec. 29.
NRS 294A.200 is hereby amended to read as follows:294A.200 1. Every candidate for state, district, county or township
office at a primary or general election shall, not later than:
(a) Seven days before the primary election, for the period from 30 days
before the regular session of the legislature after the last election for that
office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate
won the primary election, for the period from 12 days before the primary
election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the
remaining period up to 30 days before the next regular session of the
legislature,
report his campaign expenses on forms designed and provided by the
secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a
district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his
nomination up to 12 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to
30 days after the special election,
report his campaign expenses on forms designed and provided by the
secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township
office at a special election to determine whether a public officer will be
recalled shall report his campaign expenses on forms designed and
provided by the secretary of state and signed by the candidate under penalty
of perjury, 60 days after [the] :
(a) The special election, for the period from the filing of the notice of
intent to circulate the petition for recall up to 30 days after the special
election [.] ; or
(b) A district court determines that the petition for recall is legally
insufficient pursuant to subsection 5 of NRS 306.040, for the period from
the filing of the notice of intent to circulate the petition for recall up to
the date of the district court's decision. 4. Reports of campaign expenses must be filed with the officer with
whom the candidate filed the declaration of candidacy or acceptance of
candidacy. A candidate may mail the report to that officer by certified mail.
If certified mail is used, the date of mailing shall be deemed the date of
filing.
5. County clerks who receive from candidates for legislative or judicial
office, except the office of justice of the peace or municipal judge, reports
of campaign expenses pursuant to subsection 4 shall file a copy of each
report with the secretary of state within 10 working days after he receives
the report.
Sec. 30. NRS 294A.350 is hereby amended to read as follows:
294A.350 1. Every candidate for state, district, county, municipal or
township office shall file the reports of campaign contributions and
expenses required by NRS 294A.120, 294A.200 and 294A.360, even
though he:
(a) Withdraws his candidacy;
(b) Receives no campaign contributions; [or]
(c) Has no campaign expenses
(d) Is removed from the ballot by court order; or
(e) Is the subject of a petition to recall and the special election is not
held.
2. A candidate who withdraws his candidacy pursuant to NRS 293.202
may file simultaneously all the reports of campaign contributions and
expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as
each report is filed on or before the last day for filing the respective report
pursuant to NRS 294A.120, 294A.200 or 294A.360.
Sec. 31. Chapter 295 of NRS is hereby amended by adding thereto a
new section to read as follows:
The legal sufficiency of a petition filed pursuant to NRS 295.015 to
295.056, inclusive, and this section, may be challenged by filing a
complaint in district court not later than 5 days, Saturdays, Sundays and
holidays excluded, after the petition is filed with the secretary of state. All
affidavits and documents in support of the challenge must be filed with
the complaint. The court shall set the matter for hearing not later than
30 days after the complaint is filed and shall give priority to such a
complaint over all other matters pending with the court, except for
criminal proceedings.
Sec. 32.
NRS 295.056 is hereby amended to read as follows:295.056 1. Before a petition for initiative or referendum is filed with
the secretary of state, the petitioners must submit to each county clerk for
verification pursuant to NRS 293.1276 to 293.1279, inclusive, the
document or documents which were circulated for signature within his
county. The clerks shall give the person submitting a document or
documents a receipt stating the number of documents and pages and the
person's statement of the number of signatures contained therein. 2. If a petition for initiative proposes a statute or an amendment to a
statute, the document or documents must be submitted not later than the
second Tuesday in November of an even-numbered year.
3. If a petition for initiative proposes an amendment to the constitution,
the document or documents must be submitted not later than the third
Tuesday in June of an even-numbered year.
4. If the petition is for referendum, the document or documents must be
submitted not later than the third Tuesday in May of an even-numbered
year.
5. All documents which are submitted to a county clerk for verification
must be submitted at the same time.
Sec. 33. NRS 298.020 is hereby amended to read as follows:
298.020 1. Each major political party in this state, qualified by law
to place upon the general election ballot candidates for the office of
President and Vice President of the United States in the year when they are
to be elected, shall, at the state convention of the major political party held
in that year, choose from the qualified electors, who are legally registered
members of that political party, the number of presidential electors required
by law and no more, who must be nominated by the delegates at the state
convention. Upon the nomination thereof, the chairman and the secretary of
the convention shall certify the names and addresses of the nominees to the
secretary of state, who shall record the names in his office as the nominees
of that political party for presidential elector.
2. Each minor political party in this state, qualified by law to place
upon the general election ballot candidates for the office of President and
Vice President of the United States in the year when they are to be elected,
shall choose from the qualified electors, the number of presidential electors
required by law. The person who is authorized to file the list of candidates
for partisan office
of the minor political party with the secretary of statepursuant to NRS 293.1725 shall certify the names and addresses of the
nominees to the secretary of state, who shall record the names in his office
as the nominees of that political party for presidential elector.
Sec. 34. NRS 298.109 is hereby amended to read as follows:
298.109 1. A person who desires to be an independent candidate for
the office of President of the United States must, not later than 5 p.m. on
the second Friday in August in each year in which a presidential election is
to be held, pay a filing fee of $250 and file with the secretary of state a
declaration of candidacy and a petition of candidacy, in which he must also
designate his nominee for Vice President. The petition must be signed by a
number of registered voters equal to not less than 1 percent of the total
number of votes cast at the last preceding general election for candidates
for the offices of Representative in Congress and must request that the
names of the proposed candidates be placed on the ballot at the general
election that year. The candidate shall file a copy of the petition he intends
to circulate for signatures with the secretary of state. 2. The petition may consist of more than one document. Each
document must bear the name of a county and only registered voters of that
county may sign the document. The documents which are circulated for
signature in a county must be submitted to that county clerk for verification
in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later
than
candidacy with the secretary of state
person signing shall add to his signature the address of the place at which
he resides, the date that he signs and the name of the county wherein he is
registered to vote. Each document of the petition must also contain the
affidavit of the person who circulated the document that all signatures
thereon are genuine to the best of his knowledge and belief and were signed
in his presence by persons registered to vote in that county.
3. Each independent candidate so nominated for the office of President
shall at the time of filing his petition as provided in subsection 1, or within
10 days thereafter, file with the secretary of state his written designation of
the names of the number of presidential electors then authorized by law,
whom the independent candidate desires to act as his electors, all of whom
must then be registered voters. Immediately following receipt of each
candidate's written designation of his nominees for electors, the secretary
of state shall record them in his office as the nominees for presidential
electors of that independent candidate.
4. If the candidacy of any person who seeks to qualify pursuant to this
section is challenged, all affidavits and documents in support of the
challenge must be filed with the first judicial district court not later than 5
p.m. on the fourth Tuesday in August. Any judicial proceeding relating to
the challenge must be set for hearing not later than 5 days after the fourth
Tuesday in August.
5. The county clerk shall not disqualify the signature of a voter who
fails to provide all
is registered in the county named on the document.
Sec. 35. NRS 306.015 is hereby amended to read as follows:
306.015 1. Before a petition to recall a public officer is circulated,
the persons proposing to circulate the petition must file a notice of intent
with the filing officer
.declaration of candidacy or acceptance of candidacy pursuant to NRS
293.185, 293C.145 or 293C.175.]
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in
this
state or in the county, district or municipality electing the officer at thelast preceding general election.
(b) Must be signed before a person authorized by law to administer
oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the date on which the call for a special election is
issued, as set forth in NRS 306.040. 3.
The petition may consist of more than one document. The personsfiling the notice of intent shall submit the petition
that was circulated forsignatures
to thewithin 60 days after the date on which the notice of intent was filed.
Thefiling officer shall immediately submit the petition to the county clerk for
verification pursuant to NRS 306.035.
Any person who fails to file thepetition as required by this subsection is guilty of a misdemeanor. Copies of
the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the
signatures on the petition, file the petition with the filing officer
.whom the public officer to be recalled filed his declaration of candidacy or
acceptance of candidacy.]
5. Any person who signs a petition to recall any public officer may
remove his name from the petition by submitting a request in writing to the
county clerk at any time before the petition is submitted for the verification
of the signatures thereon pursuant to NRS 306.035.
6. A person who signs a notice of intent pursuant to subsection 1 or a
petition to recall a public officer is immune from civil liability for conduct
related to the exercise of his right to participate in the recall of a public
officer.
7. As used in this section, "filing officer" means the officer with
whom the public officer to be recalled filed his declaration of candidacy
or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or
293C.175.
Sec. 36.
NRS 306.035 is hereby amended to read as follows:306.035 1. Before a petition to recall a state officer who is elected
statewide is filed with the secretary of state [, the petitioners must submit
to] pursuant to subsection 4 of NRS 306.015, each county clerk [for
verification] must verify, pursuant to NRS 293.1276 to 293.1279,
inclusive, the document or documents which were circulated for signature
within his county.
2. Before a petition to recall a state senator, assemblyman, or a county,
district or municipal officer is filed [with the proper officer, the petitioners
must submit to] pursuant to subsection 4 of NRS 306.015, the county clerk
[
must verify, pursuant to
NRS 293.1276 to 293.1279, inclusive, thedocument or documents which were circulated for signatures within his
county.
3. If more than one document was circulated, all the documents must
be submitted to the clerk at the same time.
Sec. 37. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon determining that the number of signatures on a
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,
inclusive, the secretary of state shall notify the county clerk, the officer with
whom the petition is to be filed pursuant to subsection 4 of NRS 306.015
and the public officer who is the subject of the petition. 2.
than the date a complaint is filed pursuant to subsection 5 or the date the
call for a special election is issued, whichever is earlier, a
person whosigns a petition to recall may request the secretary of state to strike his
name from the petition
.before the date the call for a special election is issued.] If the person
demonstrates good cause therefor, the secretary of state shall strike his
name from the petition.
3. Not sooner than 10 days nor more than 20 days after the secretary of
state completes the notification required by subsection 1, if a complaint is
not filed pursuant to subsection 5, the officer with whom the petition is
filed shall issue a call for a special election in the jurisdiction in which the
public officer who is the subject of the petition was elected to determine
whether the people will recall him.
4.
The call for a special election pursuant to subsection 3 or 6 mustinclude, without limitation:
(a) The last day on which a person may register to vote to qualify to vote
in the special election; and
(b) The last day on which a petition to nominate other candidates for the
office may be filed.
a complaint in district court not later than 5 days, Saturdays
,and holidays
excluded, after the secretary of state completes thenotification required by subsection 1. All affidavits and documents in
support of the challenge must be filed with the complaint. The court shall
set the matter for hearing not later than 30 days after the complaint is filed
and shall give priority to such a complaint over all other matters pending
with the court, except for criminal proceedings.
the petition is sufficient, it shall order the officer with whom the petition is
filed to issue a call for a special election
in the jurisdiction in which thepublic officer who is the subject of the petition was elected
to determinewhether the people will recall
petition.] him. If the court determines that the petition is not sufficient, it
shall order the officer with whom the petition is filed to cease any further
proceedings regarding the petition.
Sec. 38. Section 96 of the charter of Boulder City is hereby amended
to read as follows:
Section 96. Conduct of city elections.
1. All City elections [shall] must be nonpartisan in character
and [shall] must be conducted in accordance with the provisions of
the general election laws of the State of Nevada and any ordinance
regulations as adopted by the City Council which are consistent
with law and this Charter. (1959 Charter)
2. All full terms of office in the City Council [shall be] are four
years, and Councilmen [shall] must be elected at large withoutregard to precinct residency. Two full-term Councilmen and the
Mayor are to be elected in each year immediately preceding a
Federal presidential election, and two full-term Councilmen are to
be elected in each year immediately following a Federal presidential
election. In each election, the candidates receiving the greatest
number of votes [shall] must be declared elected to the vacant full-
term positions. (Add. 17; Amd. 1; 11-5-96)
A. In the event one or more two-year term positions on the
Council will be available at the time of a municipal election as
provided in Section 12, candidates [shall] must file specifically for
such position(s). Candidates receiving the greatest respective
number of votes [shall] must be declared elected to the respective
available two-year positions. (Add. 15; Amd. 2; 6-4-91)
3. A city primary election [shall] must be held on the [1st] first
Tuesday after the
numbered year and a City general election
the
odd-numbered year.
A.
no more than double the number of Councilmen to be elected file as
candidates.
for the office of Mayor if no more than two candidates file for that
position. The primary election
of eliminating candidates in excess of a figure double the number of
Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)
B. If, in the primary City election, a candidate receives votes
equal to a majority of voters casting ballots in that election, he shall
be considered elected to one of the vacancies and his name shall not
be placed on the ballot for the general City election. (Add. 10;
Amd. 7; 6-2-81)
C. In each primary and general election, voters shall be entitled
to cast ballots for candidates in a number equal to the number of
seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)
Sec. 39. Section 5.010 of the charter of the city of Henderson, being
chapter 266, Statutes of Nevada 1971, as last amended by Assembly Bill
No. 444 of this session, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election must be held on the Tuesday after the
first Monday in [May] April of each odd-numbered year, at which
time there must be nominated candidates for offices to be voted for
at the next general municipal election.
2. A candidate for any office to be voted for at any primary
municipal election must file a declaration of candidacy as provided
by the election laws of this state.
3. All candidates for elective office must be voted upon by the
registered voters of the city at large. 4. If in the primary election no candidate receives a majority of
votes cast in that election for the office for which he is a candidate,
the names of the two candidates receiving the highest number of
votes must be placed on the ballot for the general election. If in the
primary election, regardless of the number of candidates for an
office, one candidate receives a majority of votes cast in that
election for the office for which he is a candidate, he must be
declared elected and no general election need be held for that
office.
Sec. 40. Section 5.010 of the charter of the city of Las Vegas, being
chapter 517, Statutes of Nevada 1983, as last amended by Senate Bill No.
274 of this session, is hereby amended to read as follows:
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the first Monday in [May] April 2001,
and at each successive interval of 4 years, a primary municipal
election must be held in the city at which time candidates for half of
the offices of councilman and for municipal judge, department 2,
must be nominated.
2. On the Tuesday after the first Monday in [May] April 2003,
and at each successive interval of 4 years, a primary municipal
election must be held in the city at which time candidates for mayor,
for the other half of the offices of councilman and for municipal
judge, department 1, must be nominated.
3. The candidates for councilman who are to be nominated as
provided in subsections 1 and 2 must be nominated and voted for
separately according to the respective wards. The candidates from
each even-numbered ward must be nominated as provided in
subsection 1, and the candidates from each odd-numbered ward
must be nominated as provided in subsection 2.
4. If the city council has established an additional department
or departments of the municipal court pursuant to section 4.010 of
this charter, and, as a result, more than one office of municipal
judge is to be filled at any election, the candidates for those offices
must be nominated and voted upon separately according to the
respective departments.
5. Each candidate for the municipal offices which are provided
for in subsections 1, 2 and 4 must file a declaration of candidacy
with the city clerk. All filing fees collected by the city clerk must be
paid into the city treasury.
6. If, in the primary election, regardless of the number of
candidates for an office, one candidate receives a majority of votes
which are cast in that election for the office for which he is a
candidate, he must be declared elected for the term which
commences on the day of the first regular meeting of the city
council next succeeding the meeting at which the canvass of the
returns is made, and no general election need be held for that office.If, in the primary election, no candidate receives a majority of votes
which are cast in that election for the office for which he is a
candidate, the names of the two candidates who receive the highest
number of votes must be placed on the ballot for the general
election.
Sec. 41. Section 5.020 of the charter of the city of North Las Vegas,
being chapter 573, Statutes of Nevada 1971, as last amended by chapter
215, Statutes of Nevada 1997, at page 748, is hereby amended to read as
follows:
Sec. 5.020 Primary municipal elections; declaration of
candidacy.
1. The city council shall provide by ordinance for candidates
for elective office to declare their candidacy and file the necessary
documents. The seats for city councilmen must be designated by the
numbers one through four , which [number] numbers must
correspond with the wards the candidates for city councilmen will
seek to represent . A candidate for the office of city councilman
shall include in his declaration of candidacy the number of the ward
which he seeks to represent. Each candidate for city council must be
designated as a candidate for the city council seat that corresponds
with the ward that he seeks to represent.
2. If for any general municipal election there are three or more
candidates for the offices of mayor or municipal judge, or for a
particular city council seat, a primary election for any such office
must be held on the Tuesday following the first Monday in [May]
April preceding the general election.
3. Except as otherwise provided in subsection 4, after the
primary election, the names of the two candidates for mayor,
municipal judge and each city council seat who receive the highest
number of votes must be placed on the ballot for the general
election.
4. If one of the candidates for mayor, municipal judge or a city
council seat receives a majority of the total votes cast for that office
in the primary election, he shall be declared elected to office and his
name must not appear on the ballot for the general election.
Sec. 42. Section 5.020 of the charter of the city of Sparks, being
chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,
Statutes of Nevada 1997, at page 3482, is hereby amended to read as
follows:
Sec. 5.020 Primary municipal elections: Declaration of
candidacy.
1. If for any general municipal election there are three or more
candidates for the offices of mayor, city attorney or municipal judge
or three or more candidates from each ward to represent the ward as
a member of the city council, a primary election for that office mustbe held on the first Tuesday after the first Monday in [May] April
preceding the general election.
2. Candidates for the offices of mayor, city attorney and
municipal judge must be voted upon by the registered voters of the
city at large. Candidates to represent a ward as a member of the city
council must be voted upon by the registered voters of the ward to
be represented by them.
3. The names of the two candidates for mayor, city attorney and
municipal judge and the names of the two candidates to represent
the ward as a member of the city council from each ward who
receive the highest number of votes at the primary election must be
placed on the ballot for the general election.
Sec. 43. The amendatory provisions of this act do not apply to conduct
that occurred before October 1, 1999.
Sec. 44. Sections 6 to 9, inclusive, 13 and 41 of this act become
effective at 12:01 a.m. on October 1, 1999.
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