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 for

partisan 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 not

appear 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 a

minor political party must not appear on the ballot for a primary election.

2. The names of the candidates for partisan office of a minor political

party 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 office

pursuant 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 equal

to 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 [the]

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 political

party 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 the

candidate 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 for

partisan office on the ballot pursuant to this subsection may also place the

names of one or more candidates for partisan office on the ballot pursuant

to 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 [the] this state according

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 [verified by] submitted to the

county clerk of that county for verification in the manner prescribed in

NRS 293.1276 to 293.1279, inclusive, not later than 25 working days

before the last day to file the petition . [is filed with the secretary of state

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 state

shall 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 . [with a letter, beginning with "A" and continuing

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 [proper] appropriate filing officer:

(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 2

preceding 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 [the] this

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. [The person

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

[that] the county, district or municipality in question may sign the

document. The documents that are circulated for signature in a county must

be [verified by] submitted to that county clerk for verification in the

manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than

25 working days before the last day to file the petition [is filed] pursuant to

subsection 4. Each [signer] person who signs the petition shall add to his

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 . [for the purpose of determining whether he is a registered voter.] Theperson who circulates each document of the petition shall sign an affidavit

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 [proper] appropriate filing officer and pay the fee

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 , excluding

Saturdays, Sundays and holidays, after the last day for filing, to the officer

whose 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 [may] must be reported separately from

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 [within 5] not more than 6

working days after [the day after] the election.

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 [any money] a

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 count

the 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 mechanical

recording device or the automatic tabulating equipment and programs to

reject 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 mechanical

recording device or the automatic tabulating equipment and programs are

approved.

3. When satisfied with the accuracy of the mechanical recording

device or automatic tabulating equipment and computer program, the

accuracy certification board and the county or city clerk shall date and sign

all reports, and seal the program, if any, and the reports [,] and all test

material 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 the

official 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 [May] April of

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 [May] April in a year in which a general city election is held 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 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 [May.] April. A candidate

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

[May] April must be filled by the person who received the next highest vote

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 [May] April of the year in which the general

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 [May] April of the

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 for

filing 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, [not later than December 31 of:] for:

(a) The year in which he receives contributions in excess of $10,000,

report the total contributions received [.] and expenditures made in that

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 [with the secretary of state.] :

(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 [;] as of the last day of the first

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 [since] from the last date covered by his last

report through December 31 of the immediately preceding year and the

manner 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 state

pursuant 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 [40] 25 working days before [filing] the last day to file the petition of

candidacy with the secretary of state [.] pursuant to subsection 1. Each

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 [of] the information required by this section if the voter

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 . [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.]

2. The notice of intent:

(a) Must be signed by three registered voters who actually voted in [the]

this state or in the county, district or municipality electing the officer at the

last 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 persons

filing the notice of intent shall submit the petition that was circulated for

signatures to the [county clerk pursuant to NRS 306.035] filing officer

within 60 days after the date on which the notice of intent was filed. The

filing officer shall immediately submit the petition to the county clerk for

verification pursuant to NRS 306.035. Any person who fails to file the

petition 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 . [with

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

[for verification limited to the relevant area in the manner prescribed in]

must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the

document 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. [Any] After the verification of signatures is complete, but not later

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 who

signs a petition to recall may request the secretary of state to strike his

name from the petition . [after the verification of signatures is complete and

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 must

include, 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.

[4.] 5. The legal sufficiency of the petition may be challenged by filing

a complaint in district court not later than 5 days, Saturdays , [and] Sundays

and holidays excluded, after the secretary of state completes the

notification 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.

[5.] 6. Upon the conclusion of the hearing, if the court determines that

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 the

public officer who is the subject of the petition was elected to determine

whether the people will recall [the public officer who is the subject of the

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 [1st] first Monday in [May] April of each odd-

numbered year and a City general election [shall] must be held on

the [1st] first Tuesday after the [1st] first Monday in June of each

odd-numbered year.

A. [No primary shall] A primary election must not be held if

no more than double the number of Councilmen to be elected file as

candidates. [No primary shall] A primary election must not be held

for the office of Mayor if no more than two candidates file for that

position. The primary election [shall] must be held for the purpose

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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