Assembly Bill No. 615–Committee on Elections,
Procedures, and Ethics
(On Behalf of Secretary of State)
March 18, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes to provisions relating to elections. (BDR 24-629)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 293 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. A county may conduct a special election by mail. To the1-4
extent applicable, the provisions of this chapter governing voting by mail1-5
and absent ballot apply to a special election conducted by mail pursuant1-6
to this section.1-7
2. The secretary of state shall adopt regulations to carry out the1-8
provisions of this section.2-1
Sec. 3. A person may sign a petition required under the election laws2-2
of this state on or after the date he is deemed to be registered to vote2-3
pursuant to subsection 5 of NRS 293.517 or subsection 5 of NRS2-4
293.5235.2-5
Sec. 4. NRS 293.12793 is hereby amended to read as follows: 293.12793 1. If the secretary of state determines that the total2-7
number of signatures that the county clerks have certified pursuant to NRS2-8
293.1277 or 293.1279 is less than 100 percent of the number of registered2-9
voters needed to make the petition sufficient, the person who submitted the2-10
petition may contest the verification of the2-11
appeal with the secretary of state. The appeal must:2-12
(a) Be filed within 5 working days after receipt of notification of the2-13
determination of the secretary of state;2-14
(b) Include each reason for the appeal; and2-15
(c) Include a statement of the number of signatures, if any, that the2-16
county clerk determined were invalid.2-17
2. The secretary of state shall2-18
(a) If the petition was circulated pursuant to chapter 306 of NRS,2-19
immediately notify the public officer who is the subject of the petition of2-20
the appeal by the person who submitted the petition; and2-21
(b) Consider the allegations and conduct an investigation , if necessary.2-22
Sec. 5. NRS 293.128 is hereby amended to read as follows: 293.128 1. To qualify as a major political party any organization2-24
must, under a common name:2-25
(a) On January 1 preceding any primary election, have been designated2-26
as a political party on the applications to register to vote of at least 102-27
percent of the total number of registered voters in2-28
(b) File a petition with the secretary of state not later than the last Friday2-29
in April before any primary election signed by a number of registered2-30
voters equal to or more than 10 percent of the total number of votes cast at2-31
the last preceding general election for the offices of Representative in2-32
Congress.2-33
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the2-34
names of the voters need not all be on one document, but each document of2-35
the petition must be verified by at least one of its signers to the effect that2-36
the signers are registered voters of2-37
information and belief and that the signatures are genuine and were signed2-38
in his presence. Each document of the petition must bear the name of a2-39
county and only registered voters of that county may sign the document.2-40
The documents which are circulated for signature must then be submitted2-41
for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later2-42
than2-43
election.3-1
3. In addition to the requirements set forth in subsection 1, each3-2
organization which wishes to qualify as a political party must file with the3-3
secretary of state a certificate of existence which includes the:3-4
(a) Name of the political party;3-5
(b) Names and addresses of its officers;3-6
(c) Names of the members of its executive committee; and3-7
(d) Name of the person who is authorized by the party to act as resident3-8
agent in this state.3-9
4. A political party shall file with the secretary of state an amended3-10
certificate of existence within 5 days after any change in the information3-11
contained in the certificate.3-12
Sec. 6. NRS 293.165 is hereby amended to read as follows:3-13
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy3-14
occurring in a major or minor political party nomination for a partisan3-15
office may be filled by a candidate designated by the party central3-16
committee of the county or state, as the case may be, subject to the3-17
provisions of subsections 4 and 5.3-18
2. A vacancy occurring in a nonpartisan nomination after the close of3-19
filing and before the first Tuesday in September must be filled by filing a3-20
nominating petition that is signed by at least 1 percent of the persons who3-21
are registered to vote and who voted for the office in question in the state,3-22
county, district or municipality at the last preceding general election. The3-23
petition must be filed not earlier than the first Tuesday in June and not later3-24
than the third Tuesday in September. A candidate nominated pursuant to3-25
the provisions of this subsection may be elected only at a general election3-26
and his name must not appear on the ballot for a primary election.3-27
3. A vacancy occurring in a nonpartisan nomination after a primary3-28
election and before the second Tuesday in September must be filled by the3-29
person who received the next highest vote for the nomination in the3-30
primary.3-31
4. Except to place a candidate nominated pursuant to subsection 2 on3-32
the ballot, no change may be made on the ballot after the second Tuesday3-33
in September of the year in which the general election is held. If a nominee3-34
dies after that date, his name must remain on the ballot and, if elected, a3-35
vacancy exists.3-36
5. All designations provided for in this section must be filed before 53-37
p.m. on the second Tuesday in September. In each case, the statutory filing3-38
fee must be paid and an acceptance of the designation must be filed before3-39
5 p.m. on that date.3-40
Sec. 7. NRS 293.171 is hereby amended to read as follows: 293.171 1. To qualify as a minor political party an organization must3-42
file with the secretary of state a certificate of existence which includes the:3-43
(a) Name of the political party;4-1
(b) Names of its officers;4-2
(c) Names of the members of its executive committee; and4-3
(d) Name of the person authorized to file the list of its candidates for4-4
partisan office with the secretary of state.4-5
2. A copy of the constitution or bylaws of the party must be affixed to4-6
the certificate.4-7
3. A minor political party shall file with the secretary of state an4-8
amended certificate of existence within 5 days after any change in the4-9
information contained in the certificate.4-10
4. The constitution or bylaws of a minor political party must provide a4-11
procedure for the nomination of its candidates in such a manner that only4-12
one candidate may be nominated for each office.4-13
5. A minor political party whose candidates for partisan office do not4-14
appear on the ballot for the general election must file a notice of continued4-15
existence with the secretary of state not later than the second Friday in4-16
August preceding the general election.4-17
6. A minor political party which fails to file a notice of continued4-18
existence as required by subsection 5 ceases to exist as a minor political4-19
party in this state.4-20
Sec. 8. NRS 293.1715 is hereby amended to read as follows: 293.1715 1. The names of the candidates for partisan office of a4-22
minor political party must not appear on the ballot for a primary election.4-23
2. The names of the candidates for partisan office of a minor political4-24
party must be placed on the ballot for the general election if the party has4-25
filed a certificate of existence and a list of its candidates for partisan office4-26
pursuant to the provisions of NRS 293.1725 with the secretary of state and:4-27
(a) At the last preceding general election, the minor political party4-28
polled for any of its candidates for partisan office a number of votes equal4-29
to or more than 1 percent of the total number of votes cast for the offices of4-30
Representative in Congress;4-31
(b) On January 1 preceding a primary election, the minor political party4-32
has been designated as the political party on the applications to register to4-33
vote of at least 1 percent of the total number of registered voters in4-34
this state; or4-35
(c) Not later than the second Friday in August preceding the general4-36
election, files a petition with the secretary of state which is signed by a4-37
number of registered voters equal to at least 1 percent of the total number4-38
of votes cast at the last preceding general election for the offices of4-39
Representative in Congress.4-40
3. The name of only one candidate of each minor political party for4-41
each partisan office may appear on the ballot for a general election.5-1
4. A minor political party must file a copy of the petition required by5-2
paragraph (c) of subsection 2 with the secretary of state before the petition5-3
may be circulated for signatures.5-4
Sec. 9. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to paragraph (c) of subsection 25-6
of NRS 293.1715 may consist of more than one document. Each document5-7
of the petition must:5-8
(a) Bear the name of the county in which it was circulated;5-9
(b) Include the affidavit of the person who circulated the document5-10
verifying that the signers are registered voters in5-11
to his best information and belief and that the signatures are genuine and5-12
were signed in his presence; and5-13
(c) Be submitted to the county clerk in the county in which it is5-14
circulated for verification in the manner prescribed in NRS 293.1276 to5-15
293.1279, inclusive, not later than5-16
August. A challenge to the form of a petition filed pursuant to paragraph (c)5-17
of subsection 2 of NRS 293.1715 must be made in a district court in the5-18
county in which the petition was circulated.5-19
2. A document which bears the name of a county may be signed only5-20
by registered voters of that county.5-21
3. Each person who signs a document shall also provide the address of5-22
the place where he resides, the date that he signs and the name of the5-23
county in which he is registered to vote.5-24
4. The county clerk shall not disqualify the signature of a voter who5-25
failed to provide all5-26
is registered in the county named on the document.5-27
Sec. 10. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor5-29
political party which wishes to place its candidates for partisan office on5-30
the ballot for a general election and:5-31
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of5-32
NRS 293.1715; or5-33
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS5-34
293.1715,5-35
must file with the secretary of state a list of its candidates for partisan5-36
office not earlier than the first Monday in May preceding the election nor5-37
later than the last Friday in June. The list must be signed by the person so5-38
authorized in the certificate of existence of the minor political party before5-39
a notary public or other person authorized to take acknowledgments. The5-40
list must not be amended after it is filed.5-41
2. The secretary of state shall immediately forward a certified copy of5-42
the list of candidates for partisan office of each minor political party to the6-1
filing officer with whom each candidate must file his declaration of6-2
candidacy.6-3
3. Each candidate on the list must file his declaration of candidacy with6-4
the6-5
293.193 not earlier than the date on which the list of candidates for6-6
partisan office of his minor political party is filed with the secretary of6-7
state nor later than the first Wednesday in July.6-8
4. A minor political party that wishes to place candidates for the offices6-9
of President and Vice President of the United States on the ballot and has6-10
otherwise qualified to place the names of its candidates for partisan office6-11
on the ballot for the general election pursuant to the provisions of this6-12
chapter must file with the secretary of state a certificate of nomination for6-13
these offices not later than the first Tuesday in September.6-14
Sec. 11. NRS 293.175 is hereby amended to read as follows: 293.175 1. The primary election must be held on the first Tuesday of6-16
September in each even-numbered year.6-17
2. Candidates for partisan office of a major political party and6-18
candidates for nonpartisan6-19
primary election.6-20
3. Candidates for partisan office of a minor political party must be6-21
nominated in the manner prescribed pursuant to NRS 293.171.6-22
4. Independent candidates for partisan office must be nominated in the6-23
manner provided in NRS 293.200.6-24
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply6-25
to:6-26
(a) Special elections to fill vacancies.6-27
(b) The nomination of the officers of incorporated cities.6-28
(c) The nomination of district officers whose nomination is otherwise6-29
provided for by statute.6-30
Sec. 12. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person6-32
may be a candidate for partisan office in any election if he has changed:6-33
(a) The designation of his political party affiliation; or6-34
(b) His designation of political party from nonpartisan to a designation6-35
of a political party affiliation,6-36
on an application to register to vote in the State of Nevada or in any other6-37
state6-38
preceding the closing filing date for6-39
date of that election6-40
effective at the time of the change in party designation.7-1
2. The provisions of subsection 1 do not apply to any person who is a7-2
candidate of a political party that was not qualified pursuant to NRS7-3
293.171 on the September 1 next preceding the closing filing date for the7-4
election.7-5
Sec. 13. NRS 293.187 is hereby amended to read as follows: 293.187 1.7-7
secretary of state shall forward to each county clerk a certified list7-8
containing the name and mailing address of each person for whom7-9
candidacy papers have been filed in the office of the secretary of state, and7-10
who is entitled to be voted for in the county at the next succeeding primary7-11
election, together with the title of the office for which the person is a7-12
candidate and the party or principles he represents. The secretary of state7-13
shall forward the certified list not later than 5 working days after the last7-14
day upon which any candidate on the list may withdraw his candidacy7-15
pursuant to NRS 293.202.7-16
2. There must be a party designation only for candidates for partisan7-17
offices.7-18
Sec. 14. NRS 293.197 is hereby amended to read as follows: 293.197 1. In any judicial district that has more than one district7-20
judge, each department is a separate office for the purposes of nominating7-21
and electing the district judge of that department.7-22
2. In any judicial district that includes a county whose population is7-23
100,000 or more:7-24
(a) The departments of the family division of the district court must be7-25
denoted as such on all ballots and sample ballots, using the words "district7-26
court judge, family division, department . . . ." Each such department must7-27
be separately designated .7-28
7-29
(b) The remaining departments of the district court must be denoted as7-30
such on all ballots and sample ballots, using the words "district court judge,7-31
department . . . ." Each such department must be designated with a numeral,7-32
beginning with "1" and continuing in sequence for each department.7-33
Sec. 15. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file7-35
with the7-36
(a) A copy of the petition of candidacy that he intends to circulate for7-37
signatures. The copy must be filed not earlier than the January 27-38
preceding the date of the election and not later than 25 days before the7-39
last day to file the petition pursuant to subsection 4. The copy must also7-40
be filed before the petition may be circulated.7-41
(b) A petition of candidacy signed by a number of registered voters7-42
equal to at least 1 percent of the total number of ballots cast in8-1
state or in the county or district electing that officer at the last preceding8-2
general election in which a person was elected to that office.8-3
2. The petition may consist of more than one document. Each8-4
document must bear the name of the county in which it was circulated and8-5
only registered voters of that county may sign the document.8-6
8-7
the office is8-8
8-9
document. The documents which are circulated for signature in a county8-10
must be submitted to that county clerk for verification in the manner8-11
prescribed in NRS 293.1276 to 293.1279, inclusive, not later than8-12
days before8-13
8-14
4. Each person who signs the petition shall add to his signature the address8-15
of the place at which he actually resides, the date that he signs the petition8-16
and the name of the county where he is registered to vote .8-17
8-18
each document of the petition shall sign an affidavit attesting that the8-19
signatures on the document are genuine to the best of his knowledge and8-20
belief and were signed in his presence by persons registered to vote in that8-21
county.8-22
3. The petition of candidacy may state the principle, if any, which the8-23
person qualified represents.8-24
4. Petitions of candidacy must be filed not earlier than the first Monday8-25
in May preceding the general election and not later than 5 p.m. on the third8-26
Tuesday in August.8-27
5. No petition of candidacy may contain the name of more than one8-28
candidate for each office to be filled.8-29
6. A person may not file as an independent candidate if he is proposing8-30
to run as the candidate of a political party.8-31
7. The names of independent candidates must be placed on the general8-32
election ballot and must not appear on the primary election ballot.8-33
8. If the candidacy of any person seeking to qualify pursuant to this8-34
section is challenged, all affidavits and documents in support of the8-35
challenge must be filed not later than 5 p.m. on the fourth Tuesday in8-36
August. Any judicial proceeding resulting from the challenge must be set8-37
for hearing not more than 5 days after the fourth Tuesday in August.8-38
9. Any challenge pursuant to subsection 8 must be filed with:8-39
(a) The first judicial district court if the petition of candidacy was filed8-40
with the secretary of state.8-41
(b) The district court for the county where the petition of candidacy was8-42
filed if the petition was filed with a county clerk.9-1
10. An independent candidate for partisan office must file a declaration9-2
of candidacy with the9-3
required by NRS 293.193 not earlier than the first Monday in May of the9-4
year in which the election is held nor later than 5 p.m. of the first9-5
Wednesday in July.9-6
Sec. 16. NRS 293.202 is hereby amended to read as follows: 293.202 A withdrawal of candidacy for office must be in writing and9-8
must be presented by the candidate in person, within 7 days , excluding9-9
Saturdays, Sundays and holidays, after the last day for filing, to the officer9-10
whose duty it is to receive filings for candidacy for that office.9-11
Sec. 17. NRS 293.3606 is hereby amended to read as follows: 293.3606 1. After 8 a.m. on election day, the appropriate board shall9-13
count in public the returns for early voting.9-14
2. The returns for early voting must not be reported until after the polls9-15
have closed on election day.9-16
3. The returns for early voting9-17
the regular votes of the precinct, unless reporting the returns separately9-18
would violate the secrecy of the voter’s ballot.9-19
4. The county clerk shall develop a procedure to ensure that each ballot9-20
is kept secret.9-21
5. Any person who disseminates to the public information relating to9-22
the count of returns for early voting before the polls close is guilty of a9-23
gross misdemeanor.9-24
Sec. 18. NRS 293.387 is hereby amended to read as follows: 293.387 1. As soon as the returns from all the precincts and districts9-26
in any county have been received by the board of county commissioners,9-27
the board shall meet and canvass the returns. The canvass must be9-28
completed on or before the fifth working day following the election.9-29
2. In making its canvass, the board shall:9-30
(a) Note separately any clerical errors discovered; and9-31
(b) Take account of the changes resulting from the discovery, so that the9-32
result declared represents the true vote cast.9-33
3. The county clerk shall, as soon as the result is declared, enter upon9-34
the records of the board an abstract of the result, which must contain the9-35
number of votes cast for each candidate. The board, after making the9-36
abstract, shall cause the county clerk to certify the abstract and, by an order9-37
made and entered in the minutes of its proceedings, to make:9-38
(a) A copy of the certified abstract; and9-39
(b) A mechanized report of the abstract in compliance with regulations9-40
adopted by the secretary of state,9-41
and transmit them to the secretary of state9-42
working days after10-1
4. The secretary of state shall, immediately after any primary election,10-2
compile the returns for all candidates voted for in more than one county. He10-3
shall make out and file in his office an abstract thereof, and shall certify to10-4
the county clerk of each county the name of each person nominated, and the10-5
name of the office for which he is nominated.10-6
Sec. 19. NRS 293.820 is hereby amended to read as follows: 293.820 1. It is unlawful for any person to solicit10-8
contribution for any organization the title of which incorporates the name,10-9
or any form of the name, of any political party in this state without first10-10
having obtained written approval therefor, or a charter for that10-11
organization, from the central or executive committee of that political party10-12
the name of which is being used or incorporated in the title of that10-13
organization for the county in which the money is being solicited.10-14
2. This section does not require any person or organization to obtain a10-15
charter or written approval if that person or organization is:10-16
(a) Publicly organized for the sole and limited purpose of supporting the10-17
candidacy of a particular candidate in a single election.10-18
(b) Chartered by a national political party or organization.10-19
(c) Chartered by a state central committee in Nevada.10-20
3. Any person who violates any provision of this section is guilty of a10-21
gross misdemeanor.10-22
4. As used in this section, "contribution" has the meaning ascribed10-23
to it in NRS 294A.007.10-24
Sec. 20. NRS 293B.150 is hereby amended to read as follows:10-25
293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on10-26
the day before the first day of early voting, the county or city clerk10-27
10-28
1. The mechanical recording device which directly records votes10-29
electronically10-30
2. The automatic tabulating equipment and programs , if any,10-31
to ascertain that the device or equipment and programs will correctly count10-32
the votes cast for all offices and on all measures.10-33
Sec. 21. NRS 293B.155 is hereby amended to read as follows: 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.16510-35
must be conducted by processing a preaudited group of logic and accuracy10-36
test ballots so punched, voted or marked as to record a predetermined10-37
number of valid votes for each candidate and on each measure, and must10-38
include for each office one or more ballots which have votes in excess of10-39
the number allowed by law in order to test the ability of the mechanical10-40
recording device or the automatic tabulating equipment and programs to10-41
reject those votes.10-42
2. If any error is detected, the cause therefor must be ascertained and10-43
corrected and an errorless count must be made before the mechanical11-1
recording device or the automatic tabulating equipment and programs are11-2
approved.11-3
3. When satisfied with the accuracy of the mechanical recording11-4
device or automatic tabulating equipment and computer program, the11-5
accuracy certification board and the county or city clerk shall date and sign11-6
all reports, and seal the program, if any, and the reports11-7
material in an appropriate container. The container must be kept sealed by11-8
the clerk.11-9
4. Except as otherwise provided in this subsection, the contents of such11-10
a sealed container are not subject to the inspection of anyone except in the11-11
case of a contested election, and then only by the judge, body or board11-12
before whom the election is being contested, or by the parties to the11-13
contest, jointly, pursuant to an order of that judge, body or board. For the11-14
period set forth in NRS 293.413 during which a candidate may file a11-15
statement of contest, the results of the test must be made available in the11-16
clerk’s office for public inspection.11-17
Sec. 22. NRS 293B.170 is hereby amended to read as follows: 293B.170 After the completion of the last logic and accuracy test, the11-19
programs used, if any, and the logic and accuracy test ballots and the11-20
official ballots shall be sealed, retained and disposed of in the manner11-21
provided in NRS 293.391 for other ballots.11-22
Sec. 23. Chapter 293C of NRS is hereby amended by adding thereto a11-23
new section to read as follows:11-24
1. A city may conduct a special election by mail. To the extent11-25
applicable, the provisions of this chapter governing voting by mail and11-26
absent ballot apply to a special election conducted by mail pursuant to11-27
this section.11-28
2. The secretary of state shall adopt regulations to carry out the11-29
provisions of this section.11-30
Sec. 24. NRS 293C.175 is hereby amended to read as follows: 293C.175 1. A primary city election must be held in each city of the11-32
first class, and in each city of the second class that has so provided by11-33
ordinance, on the first Tuesday after the first Monday in11-34
every year in which a general city election is to be held, at which time there11-35
must be nominated candidates for offices to be voted for at the next general11-36
city election.11-37
2. A candidate for any office to be voted for at the primary city11-38
election must file a declaration of candidacy with the city clerk not less11-39
than 60 days nor more than 70 days before the date of the primary city11-40
election. The city clerk shall charge and collect from the candidate and the11-41
candidate must pay to the city clerk, at the time of filing the declaration of11-42
candidacy, a filing fee in an amount fixed by the city council by ordinance.12-1
The filing fees collected by the city clerk must be deposited to the credit of12-2
the general fund of the city.12-3
3. All candidates, except as otherwise provided in NRS 266.220, must12-4
be voted upon by the electors of the city at large.12-5
4. If, in a primary city election held in a city of the first or second class,12-6
one candidate receives more than a majority of votes cast in that election12-7
for the office for which he is a candidate, his name alone must be placed on12-8
the ballot for the general city election. If, in the primary city election, no12-9
candidate receives a majority of votes cast in that election for the office for12-10
which he is a candidate, the names of the two candidates receiving the12-11
highest number of votes must be placed on the ballot for the general city12-12
election.12-13
Sec. 25. NRS 293C.190 is hereby amended to read as follows: 293C.190 1. A vacancy occurring in a nomination for a city office12-15
after the close of filing and before the first Tuesday after the first Monday12-16
in12-17
filled by filing a nominating petition that is signed by at least 1 percent of12-18
the persons who are registered to vote and who voted for that office at the12-19
last preceding general city election. The petition must be filed not earlier12-20
than 30 days before the date of the primary city election and not later than12-21
the third Tuesday after the third Monday in12-22
nominated pursuant to the provisions of this subsection may be elected only12-23
at a general city election and his name must not appear on the ballot for a12-24
primary city election.12-25
2. A vacancy occurring in a nomination for a city office after a primary12-26
city election and before the second Tuesday after the second Monday in12-27
12-28
for the nomination in the primary city election.12-29
3. Except to place a candidate nominated pursuant to subsection 1 on12-30
the ballot, no change may be made on the ballot after the second Tuesday12-31
after the second Monday in12-32
city election is held. If a nominee dies after that date, his name must remain12-33
on the ballot and, if elected, a vacancy exists.12-34
4. All designations provided for in this section must be filed before 512-35
p.m. on the second Tuesday after the second Monday in12-36
year in which the general city election is held. The filing fee must be paid12-37
and an acceptance of the designation must be filed before 5 p.m. on that12-38
date.12-39
Sec. 26. NRS 293C.195 is hereby amended to read as follows: 293C.195 A withdrawal of candidacy for a city office must be in12-41
writing and presented to the city clerk by the candidate in person within 212-42
days , excluding Saturdays, Sundays and holidays, after the last day for12-43
filing a declaration of candidacy or an acceptance of candidacy.13-1
Sec. 27. NRS 293C.345 is hereby amended to read as follows: 293C.345 The city clerk shall mail to each registered voter in each13-3
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.13-4
on the third Thursday in13-5
Tuesday in May of any year in which a general city election is held, an13-6
official mailing ballot to be voted by him at the election.13-7
Sec. 28. NRS 293C.370 is hereby amended to read as follows: 293C.370 1. Whenever a candidate whose name appears upon the13-9
ballot at a general city election dies after 5 p.m. of the third Tuesday after13-10
the third Monday in13-11
polls on the day of the election, the votes cast for the deceased candidate13-12
must be counted in determining the results of the election for the office for13-13
which the decedent was a candidate.13-14
2. If the deceased candidate receives the majority of the votes cast for13-15
the office, he shall be deemed elected and the office to which he was13-16
elected shall be deemed vacant at the beginning of the term for which he13-17
was elected. The vacancy created must be filled in the same manner as if13-18
the candidate had died after taking office for that term.13-19
Sec. 29. NRS 294A.120 is hereby amended to read as follows: 294A.120 1. Every candidate for state, district, county or township13-21
office at a primary or general election shall, not later than:13-22
(a) Seven days before the primary election, for the period from 30 days13-23
before the regular session of the legislature after the last election for that13-24
office up to 12 days before the primary election;13-25
(b) Seven days before the general election, whether or not the candidate13-26
won the primary election, for the period from 12 days before the primary13-27
election up to 12 days before the general election; and13-28
(c) The 15th day of the second month after the general election, for the13-29
remaining period up to 30 days before the next regular session of the13-30
legislature,13-31
report the total amount of his campaign contributions on forms designed13-32
and provided by the secretary of state and signed by the candidate under13-33
penalty of perjury.13-34
2. Except as otherwise provided in subsection 3, every candidate for a13-35
district office at a special election shall, not later than:13-36
(a) Seven days before the special election, for the period from his13-37
nomination up to 12 days before the special election; and13-38
(b) Thirty days after the special election, for the remaining period up to13-39
the special election,13-40
report the total amount of his campaign contributions on forms designed13-41
and provided by the secretary of state and signed by the candidate under13-42
penalty of perjury.14-1
3. Every candidate for state, district, county, municipal or township14-2
office at a special election to determine whether a public officer will be14-3
recalled shall report the total amount of his campaign contributions on14-4
forms designed and provided by the secretary of state and signed by the14-5
candidate under penalty of perjury, 30 days after14-6
(a) The special election, for the period from the filing of the notice of14-7
intent to circulate the petition for recall up to the special election14-8
(b) A district court determines that the petition for recall is legally14-9
insufficient pursuant to subsection 5 of NRS 306.040, for the period from14-10
the filing of the notice of intent to circulate the petition for recall up to14-11
the date of the district court’s decision.14-12
4. Reports of campaign contributions must be filed with the officer14-13
with whom the candidate filed the declaration of candidacy or acceptance14-14
of candidacy. A candidate may mail the report to that officer by certified14-15
mail. If certified mail is used, the date of mailing shall be deemed the date14-16
of filing.14-17
5. Every county clerk who receives from candidates for legislative or14-18
judicial office, except the office of justice of the peace or municipal judge,14-19
reports of campaign contributions pursuant to subsection 4 shall file a copy14-20
of each report with the secretary of state within 10 working days after he14-21
receives the report.14-22
6. Each contribution in excess of $100 and contributions which a14-23
contributor has made cumulatively in excess of that amount since the14-24
beginning of the first reporting period must be separately identified with the14-25
name and address of the contributor and the date of the contribution,14-26
tabulated and reported on the form provided by the secretary of state.14-27
Sec. 30. NRS 294A.125 is hereby amended to read as follows: 294A.125 1. In addition to complying with the requirements set forth14-29
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives14-30
contributions in any year before the year in which the general election or14-31
general city election in which the candidate intends to seek election to14-32
public office is held, shall,14-33
(a) The year in which he receives contributions in excess of $10,000,14-34
report the total contributions received14-35
year.14-36
(b) Each year after the year in which he received contributions in excess14-37
of $10,000, until the year of the general election or general city election in14-38
which the candidate intends to seek election to public office is held, report14-39
the contributions received and the expenditures made in that year.14-40
2. The reports required by subsection 1 must be submitted on a form14-41
designed and provided by the secretary of state and signed by the candidate14-42
under penalty of perjury.15-1
3. Each contribution in excess of $100 and contributions that a15-2
contributor has made cumulatively in excess of that amount must be15-3
separately identified with the name and address of the contributor and the15-4
date of the contribution, tabulated and reported on the form provided by the15-5
secretary of state. Each expenditure in excess of $100 and expenditures that15-6
the candidate made cumulatively in excess of that amount must be15-7
separately identified with the date of the expenditure, tabulated and15-8
reported on the form provided by the secretary of state.15-9
4. The report must be filed15-10
(a) With the officer with whom the candidate will file the declaration15-11
of candidacy or acceptance of candidacy for the public office the15-12
candidate intends to seek. A candidate may mail the report to that officer15-13
by certified mail. If certified mail is used, the date of mailing shall be15-14
deemed the date of filing.15-15
(b) On or before January 15 of the year immediately after the year for15-16
which the report is made.15-17
5. A county clerk who receives from a candidate for legislative or15-18
judicial office, except the office of justice of the peace or municipal15-19
judge, a report of contributions and expenditures pursuant to subsection15-20
4 shall file a copy of the report with the secretary of state within 1015-21
working days after he receives the report.15-22
Sec. 31. NRS 294A.180 is hereby amended to read as follows: 294A.180 1. Each candidate for a state, district, county, city or15-24
township office who is not elected to that office shall, not later than the15-25
15th day of the second month after his defeat, file a report with the15-26
secretary of state stating the amount of contributions which he received for15-27
that campaign but did not spend and the disposition of those unspent15-28
contributions.15-29
2. Each public officer who is elected to a state, district, county, city or15-30
township office shall file a report :15-31
(a) Not later than the 15th day of the second month after his election,15-32
stating the amount of campaign contributions which he received but did not15-33
spend and the amount, if any, of those unspent contributions disposed of15-34
pursuant to subsection 2 of NRS 294A.160;15-35
(b) Not later than January 15th of each year of his term beginning the15-36
year after he filed the report required by paragraph (a), stating the amount,15-37
if any, of those unspent contributions disposed of pursuant to NRS15-38
294A.160 during the period since his last report and the manner in which15-39
they were disposed of; and15-40
(c) Not later than the 15th day of the second month after he no longer15-41
holds that office, stating the amount and disposition of any remaining15-42
unspent contributions.16-1
3. The reports required by subsections 1 and 2 must be submitted on a16-2
form designed and provided by the secretary of state and signed by the16-3
candidate or public officer under penalty of perjury.16-4
4. A public officer filing a report pursuant to subsection 2:16-5
(a) Shall file the report with the officer with whom he filed his16-6
declaration of candidacy or acceptance of candidacy.16-7
(b) May file the report by certified mail. If certified mail is used, the16-8
date of mailing shall be deemed the date of filing.16-9
5. A county clerk who receives from a legislative or judicial officer,16-10
other than a justice of the peace or municipal judge, a report pursuant to16-11
subsection 4 shall file a copy of the report with the secretary of state16-12
within 10 working days after he receives the report.16-13
Sec. 32. NRS 294A.200 is hereby amended to read as follows: 294A.200 1. Every candidate for state, district, county or township16-15
office at a primary or general election shall, not later than:16-16
(a) Seven days before the primary election, for the period from 30 days16-17
before the regular session of the legislature after the last election for that16-18
office up to 12 days before the primary election;16-19
(b) Seven days before the general election, whether or not the candidate16-20
won the primary election, for the period from 12 days before the primary16-21
election up to 12 days before the general election; and16-22
(c) The 15th day of the second month after the general election, for the16-23
remaining period up to 30 days before the next regular session of the16-24
legislature,16-25
report his campaign expenses on forms designed and provided by the16-26
secretary of state and signed by the candidate under penalty of perjury.16-27
2. Except as otherwise provided in subsection 3, every candidate for a16-28
district office at a special election shall, not later than:16-29
(a) Seven days before the special election, for the period from his16-30
nomination up to 12 days before the special election; and16-31
(b) Sixty days after the special election, for the remaining period up to16-32
30 days after the special election,16-33
report his campaign expenses on forms designed and provided by the16-34
secretary of state and signed by the candidate under penalty of perjury.16-35
3. Every candidate for state, district, county, municipal or township16-36
office at a special election to determine whether a public officer will be16-37
recalled shall report his campaign expenses on forms designed and16-38
provided by the secretary of state and signed by the candidate under penalty16-39
of perjury, 60 days after16-40
(a) The special election, for the period from the filing of the notice of16-41
intent to circulate the petition for recall up to 30 days after the special16-42
election17-1
(b) A district court determines that the petition for recall is legally17-2
insufficient pursuant to subsection 5 of NRS 306.040, for the period from17-3
the filing of the notice of intent to circulate the petition for recall up to17-4
the date of the district court’s decision.17-5
4. Reports of campaign expenses must be filed with the officer with17-6
whom the candidate filed the declaration of candidacy or acceptance of17-7
candidacy. A candidate may mail the report to that officer by certified mail.17-8
If certified mail is used, the date of mailing shall be deemed the date of17-9
filing.17-10
5. County clerks who receive from candidates for legislative or judicial17-11
office, except the office of justice of the peace or municipal judge, reports17-12
of campaign expenses pursuant to subsection 4 shall file a copy of each17-13
report with the secretary of state within 10 working days after he receives17-14
the report.17-15
Sec. 33. NRS 294A.350 is hereby amended to read as follows: 294A.350 1. Every candidate for state, district, county, municipal or17-17
township office shall file the reports of campaign contributions and17-18
expenses required by NRS 294A.120, 294A.200 and 294A.360, even17-19
though he:17-20
(a) Withdraws his candidacy;17-21
(b) Receives no campaign contributions;17-22
(c) Has no campaign expenses17-23
(d) Is removed from the ballot by court order; or17-24
(e) Is the subject of a petition to recall and the special election is not17-25
held.17-26
2. A candidate who withdraws his candidacy pursuant to NRS 293.20217-27
may file simultaneously all the reports of campaign contributions and17-28
expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as17-29
each report is filed on or before the last day for filing the respective report17-30
pursuant to NRS 294A.120, 294A.200 or 294A.360.17-31
Sec. 34. Chapter 295 of NRS is hereby amended by adding thereto a17-32
new section to read as follows:17-33
The legal sufficiency of a petition filed pursuant to NRS 295.015 to17-34
295.056, inclusive, and this section, may be challenged by filing a17-35
complaint in district court not later than 5 days, Saturdays, Sundays and17-36
holidays excluded, after the petition is filed with the secretary of state. All17-37
affidavits and documents in support of the challenge must be filed with17-38
the complaint. The court shall set the matter for hearing not later than17-39
30 days after the complaint is filed and shall give priority to such a17-40
complaint over all other matters pending with the court, except for17-41
criminal proceedings.18-1
Sec. 35. NRS 295.056 is hereby amended to read as follows: 295.056 1. Before a petition for initiative or referendum is filed with18-3
the secretary of state, the petitioners must submit to each county clerk for18-4
verification pursuant to NRS 293.1276 to 293.1279, inclusive, the18-5
document or documents which were circulated for signature within his18-6
county. The clerks shall give the person submitting a document or18-7
documents a receipt stating the number of documents and pages and the18-8
person’s statement of the number of signatures contained therein.18-9
2. If a petition for initiative proposes a statute or an amendment to a18-10
statute, the document or documents must be submitted not later than the18-11
second Tuesday in November of an even-numbered year.18-12
3. If a petition for initiative proposes an amendment to the constitution,18-13
the document or documents must be submitted not later than the third18-14
Tuesday in June of an even-numbered year.18-15
4. If the petition is for referendum, the document or documents must be18-16
submitted not later than the third Tuesday in May of an even-numbered18-17
year.18-18
5. All documents which are submitted to a county clerk for verification18-19
must be submitted at the same time.18-20
Sec. 36. NRS 298.020 is hereby amended to read as follows: 298.020 1. Each major political party in this state, qualified by law18-22
to place upon the general election ballot candidates for the office of18-23
President and Vice President of the United States in the year when they are18-24
to be elected, shall, at the state convention of the major political party held18-25
in that year, choose from the qualified electors, who are legally registered18-26
members of that political party, the number of presidential electors required18-27
by law and no more, who must be nominated by the delegates at the state18-28
convention. Upon the nomination thereof, the chairman and the secretary of18-29
the convention shall certify the names and addresses of the nominees to the18-30
secretary of state, who shall record the names in his office as the nominees18-31
of that political party for presidential elector.18-32
2. Each minor political party in this state, qualified by law to place18-33
upon the general election ballot candidates for the office of President and18-34
Vice President of the United States in the year when they are to be elected,18-35
shall choose from the qualified electors, the number of presidential electors18-36
required by law. The person who is authorized to file the list of candidates18-37
for partisan office of the minor political party with the secretary of state18-38
pursuant to NRS 293.1725 shall certify the names and addresses of the18-39
nominees to the secretary of state, who shall record the names in his office18-40
as the nominees of that political party for presidential elector.18-41
Sec. 37. NRS 298.109 is hereby amended to read as follows: 298.109 1. A person who desires to be an independent candidate for18-43
the office of President of the United States must, not later than 5 p.m. on19-1
the second Friday in August in each year in which a presidential election is19-2
to be held, pay a filing fee of $250 and file with the secretary of state a19-3
declaration of candidacy and a petition of candidacy, in which he must also19-4
designate his nominee for Vice President. The petition must be signed by a19-5
number of registered voters equal to not less than 1 percent of the total19-6
number of votes cast at the last preceding general election for candidates19-7
for the offices of Representative in Congress and must request that the19-8
names of the proposed candidates be placed on the ballot at the general19-9
election that year. The candidate shall file a copy of the petition he intends19-10
to circulate for signatures with the secretary of state.19-11
2. The petition may consist of more than one document. Each19-12
document must bear the name of a county and only registered voters of that19-13
county may sign the document. The documents which are circulated for19-14
signature in a county must be submitted to that county clerk for verification19-15
in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later19-16
than19-17
candidacy with the secretary of state19-18
person signing shall add to his signature the address of the place at which19-19
he resides, the date that he signs and the name of the county wherein he is19-20
registered to vote. Each document of the petition must also contain the19-21
affidavit of the person who circulated the document that all signatures19-22
thereon are genuine to the best of his knowledge and belief and were signed19-23
in his presence by persons registered to vote in that county.19-24
3. Each independent candidate so nominated for the office of President19-25
shall at the time of filing his petition as provided in subsection 1, or within19-26
10 days thereafter, file with the secretary of state his written designation of19-27
the names of the number of presidential electors then authorized by law,19-28
whom the independent candidate desires to act as his electors, all of whom19-29
must then be registered voters. Immediately following receipt of each19-30
candidate’s written designation of his nominees for electors, the secretary19-31
of state shall record them in his office as the nominees for presidential19-32
electors of that independent candidate.19-33
4. If the candidacy of any person who seeks to qualify pursuant to this19-34
section is challenged, all affidavits and documents in support of the19-35
challenge must be filed with the first judicial district court not later than 519-36
p.m. on the fourth Tuesday in August. Any judicial proceeding relating to19-37
the challenge must be set for hearing not later than 5 days after the fourth19-38
Tuesday in August.19-39
5. The county clerk shall not disqualify the signature of a voter who19-40
fails to provide all19-41
is registered in the county named on the document.20-1
Sec. 38. NRS 306.015 is hereby amended to read as follows: 306.015 1. Before a petition to recall a public officer is circulated,20-3
the persons proposing to circulate the petition must file a notice of intent20-4
with the filing officer .20-5
20-6
20-7
2. The notice of intent:20-8
(a) Must be signed by three registered voters who actually voted in20-9
this state or in the county, district or municipality electing the officer at the20-10
last preceding general election.20-11
(b) Must be signed before a person authorized by law to administer20-12
oaths that the statements and signatures contained in the notice are true.20-13
(c) Is valid until the date on which the call for a special election is20-14
issued, as set forth in NRS 306.040.20-15
3. The petition may consist of more than one document. The persons20-16
filing the notice of intent shall submit the petition that was circulated for20-17
signatures to the20-18
within 60 days after the date on which the notice of intent was filed. The20-19
filing officer shall immediately submit the petition to the county clerk for20-20
verification pursuant to NRS 306.035. Any person who fails to file the20-21
petition as required by this subsection is guilty of a misdemeanor. Copies of20-22
the petition are not valid for any subsequent petition.20-23
4. The county clerk shall, upon completing the verification of the20-24
signatures on the petition, file the petition with the filing officer .20-25
20-26
20-27
5. Any person who signs a petition to recall any public officer may20-28
remove his name from the petition by submitting a request in writing to the20-29
county clerk at any time before the petition is submitted for the verification20-30
of the signatures thereon pursuant to NRS 306.035.20-31
6. A person who signs a notice of intent pursuant to subsection 1 or a20-32
petition to recall a public officer is immune from civil liability for conduct20-33
related to the exercise of his right to participate in the recall of a public20-34
officer.20-35
7. As used in this section, "filing officer" means the officer with20-36
whom the public officer to be recalled filed his declaration of candidacy20-37
or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or20-38
293C.175.20-39
Sec. 39. NRS 306.035 is hereby amended to read as follows: 306.035 1. Before a petition to recall a state officer who is elected20-41
statewide is filed with the secretary of state20-42
20-43
21-1
inclusive, the document or documents which were circulated for signature21-2
within his county.21-3
2. Before a petition to recall a state senator, assemblyman, or a county,21-4
district or municipal officer is filed21-5
21-6
21-7
must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the21-8
document or documents which were circulated for signatures within his21-9
county.21-10
3. If more than one document was circulated, all the documents must21-11
be submitted to the clerk at the same time.21-12
Sec. 40. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a21-14
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,21-15
inclusive, the secretary of state shall notify the county clerk, the officer with21-16
whom the petition is to be filed pursuant to subsection 4 of NRS 306.01521-17
and the public officer who is the subject of the petition.21-18
2.21-19
than the date a complaint is filed pursuant to subsection 5 or the date the21-20
call for a special election is issued, whichever is earlier, a person who21-21
signs a petition to recall may request the secretary of state to strike his21-22
name from the petition .21-23
21-24
demonstrates good cause therefor, the secretary of state shall strike his21-25
name from the petition.21-26
3. Not sooner than 10 days nor more than 20 days after the secretary of21-27
state completes the notification required by subsection 1, if a complaint is21-28
not filed pursuant to subsection 5, the officer with whom the petition is21-29
filed shall issue a call for a special election in the jurisdiction in which the21-30
public officer who is the subject of the petition was elected to determine21-31
whether the people will recall him.21-32
4. The call for a special election pursuant to subsection 3 or 6 must21-33
include, without limitation:21-34
(a) The last day on which a person may register to vote to qualify to vote21-35
in the special election; and21-36
(b) The last day on which a petition to nominate other candidates for the21-37
office may be filed.21-38
21-39
a complaint in district court not later than 5 days, Saturdays ,21-40
and holidays excluded, after the secretary of state completes the21-41
notification required by subsection 1. All affidavits and documents in21-42
support of the challenge must be filed with the complaint. The court shall21-43
set the matter for hearing not later than 30 days after the complaint is filed22-1
and shall give priority to such a complaint over all other matters pending22-2
with the court, except for criminal proceedings.22-3
22-4
the petition is sufficient, it shall order the officer with whom the petition is22-5
filed to issue a call for a special election in the jurisdiction in which the22-6
public officer who is the subject of the petition was elected to determine22-7
whether the people will recall22-8
22-9
shall order the officer with whom the petition is filed to cease any further22-10
proceedings regarding the petition.22-11
Sec. 41. Section 96 of the charter of Boulder City is hereby amended22-12
to read as follows:22-13
Section 96. Conduct of city elections.22-14
1. All City elections22-15
and22-16
the general election laws of the State of Nevada and any ordinance22-17
regulations as adopted by the City Council which are consistent22-18
with law and this Charter. (1959 Charter)22-19
2. All full terms of office in the City Council22-20
years, and Councilmen22-21
regard to precinct residency. Two full-term Councilmen and the22-22
Mayor are to be elected in each year immediately preceding a22-23
Federal presidential election, and two full-term Councilmen are to22-24
be elected in each year immediately following a Federal presidential22-25
election. In each election, the candidates receiving the greatest22-26
number of votes22-27
term positions. (Add. 17; Amd. 1; 11-5-96)22-28
A. In the event one or more two-year term positions on the22-29
Council will be available at the time of a municipal election as22-30
provided in Section 12, candidates22-31
such position(s). Candidates receiving the greatest respective22-32
number of votes22-33
available two-year positions. (Add. 15; Amd. 2; 6-4-91)22-34
3. A city primary election22-35
Tuesday after the22-36
numbered year and a City general election22-37
the22-38
odd-numbered year.22-39
A.22-40
no more than double the number of Councilmen to be elected file as22-41
candidates.22-42
for the office of Mayor if no more than two candidates file for that22-43
position. The primary election23-1
of eliminating candidates in excess of a figure double the number of23-2
Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)23-3
B. If, in the primary City election, a candidate receives votes23-4
equal to a majority of voters casting ballots in that election, he shall23-5
be considered elected to one of the vacancies and his name shall not23-6
be placed on the ballot for the general City election. (Add. 10;23-7
Amd. 7; 6-2-81)23-8
C. In each primary and general election, voters shall be entitled23-9
to cast ballots for candidates in a number equal to the number of23-10
seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)23-11
Sec. 42. Section 5.010 of the charter of the city of Henderson, being23-12
chapter 266, Statutes of Nevada 1971, as last amended by chapter 686,23-13
Statutes of Nevada 1997, at page 3480, is hereby amended to read as23-14
follows:23-15
Sec. 5.010 Primary election.23-16
1. A primary election must be held on the Tuesday after the23-17
first Monday in23-18
time there must be nominated candidates for offices to be voted for23-19
at the next general municipal election.23-20
2. A candidate for any office to be voted for at any primary23-21
municipal election must file a declaration of candidacy as provided23-22
by the election laws of this state.23-23
3. A candidate for mayor, councilman, municipal judge or any23-24
other office not otherwise provided for by law must pay to the city23-25
clerk, at the time of filing the declaration of candidacy, the filing fee23-26
in the amount fixed by the city council.23-27
4. All candidates for elective office must be voted upon by the23-28
registered voters of the city at large.23-29
5. If in the primary election no candidate receives a majority of23-30
votes cast in that election for the office for which he is a candidate,23-31
the names of the two candidates receiving the highest number of23-32
votes must be placed on the ballot for the general election. If in the23-33
primary election, regardless of the number of candidates for an23-34
office, one candidate receives a majority of votes cast in that23-35
election for the office for which he is a candidate, he must be23-36
declared elected and no general election need be held for that23-37
office.23-38
6. If at 5 p.m. on the last day for filing a declaration of23-39
candidacy, there is only one candidate for nomination for any23-40
office, that candidate must be declared elected and no election may23-41
be held for that office.24-1
Sec. 43. Section 5.010 of the charter of the city of Las Vegas, being24-2
chapter 517, Statutes of Nevada 1983, as last amended by chapter 570,24-3
Statutes of Nevada 1997, at page 2790, is hereby amended to read as24-4
follows:24-5
Sec. 5.010 Primary municipal elections.24-6
1. On the Tuesday after the24-7
1985, and at each successive interval of 4 years, a primary24-8
municipal election must be held in the city at which time candidates24-9
for two offices of councilman and for municipal judge, department24-10
2, must be nominated.24-11
2. On the Tuesday after the24-12
1987, and at each successive interval of 4 years, a primary24-13
municipal election must be held in the city at which time candidates24-14
for mayor, for two offices of councilman and for municipal judge,24-15
department 1, must be nominated.24-16
3. The candidates for councilman who are to be nominated as24-17
provided in subsections 1 and 2 must be nominated and voted for24-18
separately according to the respective wards. The candidates from24-19
wards 2 and 4 must be nominated as provided in subsection 1, and24-20
the candidates from wards 1 and 3 must be nominated as provided24-21
in subsection 2.24-22
4. If the city council has established an additional department24-23
or departments of the municipal court pursuant to section 4.010 of24-24
this charter, and, as a result, more than one office of municipal24-25
judge is to be filled at any election, the candidates for those offices24-26
must be nominated and voted upon separately according to the24-27
respective departments.24-28
5. Each candidate for the municipal offices which are provided24-29
for in subsections 1, 2 and 4 must file a declaration of candidacy24-30
with the city clerk. The city clerk shall collect from each candidate,24-31
at the time of filing that candidate’s declaration of candidacy, the24-32
filing fee which is prescribed by ordinance for that office. All of the24-33
filing fees which are collected by the city clerk must be paid into the24-34
city treasury.24-35
6. If, at 5 p.m. on the last day for filing a declaration of24-36
candidacy, there is only one candidate for nomination for any24-37
office, that candidate must be declared elected for the term which24-38
commences on the day of the first regular meeting of the city24-39
council next succeeding the meeting at which the canvass of the24-40
returns is made, and no primary or general election need be held for24-41
that office.25-1
7. If, in the primary election, regardless of the number of25-2
candidates for an office, one candidate receives a majority of votes25-3
which are cast in that election for the office for which he is a25-4
candidate, he must be declared elected for the term which25-5
commences on the day of the first regular meeting of the city25-6
council next succeeding the meeting at which the canvass of the25-7
returns is made, and no general election need be held for that office.25-8
If, in the primary election, no candidate receives a majority of votes25-9
which are cast in that election for the office for which he is a25-10
candidate, the names of the two candidates who receive the highest25-11
number of votes must be placed on the ballot for the general25-12
election.25-13
Sec. 44. Section 5.020 of the charter of the city of North Las Vegas,25-14
being chapter 573, Statutes of Nevada 1971, as last amended by chapter25-15
215, Statutes of Nevada 1997, at page 748, is hereby amended to read as25-16
follows:25-17
Sec. 5.020 Primary municipal elections; declaration of25-18
candidacy.25-19
1. The city council shall provide by ordinance for candidates25-20
for elective office to declare their candidacy and file the necessary25-21
documents.25-22
2. If for any general municipal election there are three or more25-23
candidates for the offices of mayor or municipal judge, or five or25-24
more candidates for the office of councilman, a primary election for25-25
any such office must be held on the Tuesday following the first25-26
Monday in25-27
3. Except as otherwise provided in subsections 4 and 5, after25-28
the primary election, the names of the two candidates for mayor and25-29
municipal judge and the names of the four candidates for city25-30
councilman who receive the highest number of votes must be placed25-31
on the ballot for the general election.25-32
4. If one of the candidates for mayor or municipal judge25-33
receives a majority of the total votes cast for that office in the25-34
primary election, he shall be declared elected to office and his name25-35
must not appear on the ballot for the general election.25-36
5. If a candidate for city council receives votes equal to a25-37
majority of voters casting ballots in the primary election:25-38
(a) He shall be declared elected to one of the open seats on the25-39
city council and his name must not appear on the ballot for the25-40
general election.25-41
(b) Unless all the open seats were filled pursuant to paragraph25-42
(a), the names of those candidates who received the highest number25-43
of votes but did not receive a number of votes equal to a majority of26-1
the voters casting ballots in the primary election, not to exceed26-2
twice the number of candidates remaining to be elected, must be26-3
placed on the ballot for the general election.26-4
Sec. 45. Section 5.020 of the charter of the city of Sparks, being26-5
chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,26-6
Statutes of Nevada 1997, at page 3482, is hereby amended to read as26-7
follows:26-8
Sec. 5.020 Primary municipal elections: Declaration of26-9
candidacy.26-10
1. If for any general municipal election there are three or more26-11
candidates for the offices of mayor, city attorney or municipal judge26-12
or three or more candidates from each ward to represent the ward as26-13
a member of the city council, a primary election for that office must26-14
be held on the first Tuesday after the first Monday in26-15
preceding the general election.26-16
2. Candidates for the offices of mayor, city attorney and26-17
municipal judge must be voted upon by the registered voters of the26-18
city at large. Candidates to represent a ward as a member of the city26-19
council must be voted upon by the registered voters of the ward to26-20
be represented by them.26-21
3. The names of the two candidates for mayor, city attorney and26-22
municipal judge and the names of the two candidates to represent26-23
the ward as a member of the city council from each ward who26-24
receive the highest number of votes at the primary election must be26-25
placed on the ballot for the general election.26-26
Sec. 46. The amendatory provisions of this act do not apply to conduct26-27
that occurred before October 1, 1999.~