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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; authorizing certain special elections to be conducted by mail; 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:

1-1 Section 1. Chapter 293 of NRS is hereby amended by adding thereto

1-2 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 the

1-4 extent applicable, the provisions of this chapter governing voting by mail

1-5 and absent ballot apply to a special election conducted by mail pursuant

1-6 to this section.

1-7 2. The secretary of state shall adopt regulations to carry out the

1-8 provisions of this section.

2-1 Sec. 3. A person may sign a petition required under the election laws

2-2 of this state on or after the date he is deemed to be registered to vote

2-3 pursuant to subsection 5 of NRS 293.517 or subsection 5 of NRS

2-4 293.5235.

2-5 Sec. 4. NRS 293.12793 is hereby amended to read as follows:

2-6 293.12793 1. If the secretary of state determines that the total

2-7 number of signatures that the county clerks have certified pursuant to NRS

2-8 293.1277 or 293.1279 is less than 100 percent of the number of registered

2-9 voters needed to make the petition sufficient, the person who submitted the

2-10 petition may contest the verification of the [votes] signatures by filing an

2-11 appeal with the secretary of state. The appeal must:

2-12 (a) Be filed within 5 working days after receipt of notification of the

2-13 determination of the secretary of state;

2-14 (b) Include each reason for the appeal; and

2-15 (c) Include a statement of the number of signatures, if any, that the

2-16 county clerk determined were invalid.

2-17 2. The secretary of state shall [consider] :

2-18 (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 of

2-20 the appeal by the person who submitted the petition; and

2-21 (b) Consider the allegations and conduct an investigation , if necessary.

2-22 Sec. 5. NRS 293.128 is hereby amended to read as follows:

2-23 293.128 1. To qualify as a major political party any organization

2-24 must, under a common name:

2-25 (a) On January 1 preceding any primary election, have been designated

2-26 as a political party on the applications to register to vote of at least 10

2-27 percent of the total number of registered voters in [the] this state; or

2-28 (b) File a petition with the secretary of state not later than the last Friday

2-29 in April before any primary election signed by a number of registered

2-30 voters equal to or more than 10 percent of the total number of votes cast at

2-31 the last preceding general election for the offices of Representative in

2-32 Congress.

2-33 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the

2-34 names of the voters need not all be on one document, but each document of

2-35 the petition must be verified by at least one of its signers to the effect that

2-36 the signers are registered voters of [the] this state according to his best

2-37 information and belief and that the signatures are genuine and were signed

2-38 in his presence. Each document of the petition must bear the name of a

2-39 county and only registered voters of that county may sign the document.

2-40 The documents which are circulated for signature must then be submitted

2-41 for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later

2-42 than [65] 25 days before the last Friday in April preceding a primary

2-43 election.

3-1 3. In addition to the requirements set forth in subsection 1, each

3-2 organization which wishes to qualify as a political party must file with the

3-3 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; and

3-7 (d) Name of the person who is authorized by the party to act as resident

3-8 agent in this state.

3-9 4. A political party shall file with the secretary of state an amended

3-10 certificate of existence within 5 days after any change in the information

3-11 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 vacancy

3-14 occurring in a major or minor political party nomination for a partisan

3-15 office may be filled by a candidate designated by the party central

3-16 committee of the county or state, as the case may be, subject to the

3-17 provisions of subsections 4 and 5.

3-18 2. A vacancy occurring in a nonpartisan nomination after the close of

3-19 filing and before the first Tuesday in September must be filled by filing a

3-20 nominating petition that is signed by at least 1 percent of the persons who

3-21 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. The

3-23 petition must be filed not earlier than the first Tuesday in June and not later

3-24 than the third Tuesday in September. A candidate nominated pursuant to

3-25 the provisions of this subsection may be elected only at a general election

3-26 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 primary

3-28 election and before the second Tuesday in September must be filled by the

3-29 person who received the next highest vote for the nomination in the

3-30 primary.

3-31 4. Except to place a candidate nominated pursuant to subsection 2 on

3-32 the ballot, no change may be made on the ballot after the second Tuesday

3-33 in September of the year in which the general election is held. If a nominee

3-34 dies after that date, his name must remain on the ballot and, if elected, a

3-35 vacancy exists.

3-36 5. All designations provided for in this section must be filed before 5

3-37 p.m. on the second Tuesday in September. In each case, the statutory filing

3-38 fee must be paid and an acceptance of the designation must be filed before

3-39 5 p.m. on that date.

3-40 Sec. 7. NRS 293.171 is hereby amended to read as follows:

3-41 293.171 1. To qualify as a minor political party an organization must

3-42 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; and

4-3 (d) Name of the person authorized to file the list of its candidates for

4-4 partisan office with the secretary of state.

4-5 2. A copy of the constitution or bylaws of the party must be affixed to

4-6 the certificate.

4-7 3. A minor political party shall file with the secretary of state an

4-8 amended certificate of existence within 5 days after any change in the

4-9 information contained in the certificate.

4-10 4. The constitution or bylaws of a minor political party must provide a

4-11 procedure for the nomination of its candidates in such a manner that only

4-12 one candidate may be nominated for each office.

4-13 5. A minor political party whose candidates for partisan office do not

4-14 appear on the ballot for the general election must file a notice of continued

4-15 existence with the secretary of state not later than the second Friday in

4-16 August preceding the general election.

4-17 6. A minor political party which fails to file a notice of continued

4-18 existence as required by subsection 5 ceases to exist as a minor political

4-19 party in this state.

4-20 Sec. 8. NRS 293.1715 is hereby amended to read as follows:

4-21 293.1715 1. The names of the candidates for partisan office of a

4-22 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 political

4-24 party must be placed on the ballot for the general election if the party has

4-25 filed a certificate of existence and a list of its candidates for partisan office

4-26 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 party

4-28 polled for any of its candidates for partisan office a number of votes equal

4-29 to or more than 1 percent of the total number of votes cast for the offices of

4-30 Representative in Congress;

4-31 (b) On January 1 preceding a primary election, the minor political party

4-32 has been designated as the political party on the applications to register to

4-33 vote of at least 1 percent of the total number of registered voters in [the]

4-34 this state; or

4-35 (c) Not later than the second Friday in August preceding the general

4-36 election, files a petition with the secretary of state which is signed by a

4-37 number of registered voters equal to at least 1 percent of the total number

4-38 of votes cast at the last preceding general election for the offices of

4-39 Representative in Congress.

4-40 3. The name of only one candidate of each minor political party for

4-41 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 by

5-2 paragraph (c) of subsection 2 with the secretary of state before the petition

5-3 may be circulated for signatures.

5-4 Sec. 9. NRS 293.172 is hereby amended to read as follows:

5-5 293.172 1. A petition filed pursuant to paragraph (c) of subsection 2

5-6 of NRS 293.1715 may consist of more than one document. Each document

5-7 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 document

5-10 verifying that the signers are registered voters in [the] this state according

5-11 to his best information and belief and that the signatures are genuine and

5-12 were signed in his presence; and

5-13 (c) Be submitted to the county clerk in the county in which it is

5-14 circulated for verification in the manner prescribed in NRS 293.1276 to

5-15 293.1279, inclusive, not later than [40] 25 days before the third Tuesday in

5-16 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 the

5-18 county in which the petition was circulated.

5-19 2. A document which bears the name of a county may be signed only

5-20 by registered voters of that county.

5-21 3. Each person who signs a document shall also provide the address of

5-22 the place where he resides, the date that he signs and the name of the

5-23 county in which he is registered to vote.

5-24 4. The county clerk shall not disqualify the signature of a voter who

5-25 failed to provide all [of] the information required by this section if the voter

5-26 is registered in the county named on the document.

5-27 Sec. 10. NRS 293.1725 is hereby amended to read as follows:

5-28 293.1725 1. Except as otherwise provided in subsection 4, a minor

5-29 political party which wishes to place its candidates for partisan office on

5-30 the ballot for a general election and:

5-31 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of

5-32 NRS 293.1715; or

5-33 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS

5-34 293.1715,

5-35 must file with the secretary of state a list of its candidates for partisan

5-36 office not earlier than the first Monday in May preceding the election nor

5-37 later than the last Friday in June. The list must be signed by the person so

5-38 authorized in the certificate of existence of the minor political party before

5-39 a notary public or other person authorized to take acknowledgments. The

5-40 list must not be amended after it is filed.

5-41 2. The secretary of state shall immediately forward a certified copy of

5-42 the list of candidates for partisan office of each minor political party to the

6-1 filing officer with whom each candidate must file his declaration of

6-2 candidacy.

6-3 3. Each candidate on the list must file his declaration of candidacy with

6-4 the [proper] appropriate filing officer and pay the fee required by NRS

6-5 293.193 not earlier than the date on which the list of candidates for

6-6 partisan office of his minor political party is filed with the secretary of

6-7 state nor later than the first Wednesday in July.

6-8 4. A minor political party that wishes to place candidates for the offices

6-9 of President and Vice President of the United States on the ballot and has

6-10 otherwise qualified to place the names of its candidates for partisan office

6-11 on the ballot for the general election pursuant to the provisions of this

6-12 chapter must file with the secretary of state a certificate of nomination for

6-13 these offices not later than the first Tuesday in September.

6-14 Sec. 11. NRS 293.175 is hereby amended to read as follows:

6-15 293.175 1. The primary election must be held on the first Tuesday of

6-16 September in each even-numbered year.

6-17 2. Candidates for partisan office of a major political party and

6-18 candidates for nonpartisan [offices] office must be nominated at the

6-19 primary election.

6-20 3. Candidates for partisan office of a minor political party must be

6-21 nominated in the manner prescribed pursuant to NRS 293.171.

6-22 4. Independent candidates for partisan office must be nominated in the

6-23 manner provided in NRS 293.200.

6-24 5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply

6-25 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 otherwise

6-29 provided for by statute.

6-30 Sec. 12. NRS 293.176 is hereby amended to read as follows:

6-31 293.176 1. Except as otherwise provided in subsection 2, no person

6-32 may be a candidate for partisan office in any election if he has changed:

6-33 (a) The designation of his political party affiliation; or

6-34 (b) His designation of political party from nonpartisan to a designation

6-35 of a political party affiliation,

6-36 on an application to register to vote in the State of Nevada or in any other

6-37 state [since the] during the time beginning on September 1 [next]

6-38 preceding the closing filing date for [the] that election and ending on the

6-39 date of that election [,] whether or not his previous registration was still

6-40 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 a

7-2 candidate of a political party that was not qualified pursuant to NRS

7-3 293.171 on the September 1 next preceding the closing filing date for the

7-4 election.

7-5 Sec. 13. NRS 293.187 is hereby amended to read as follows:

7-6 293.187 1. [On or before the third Tuesday in June, the] The

7-7 secretary of state shall forward to each county clerk a certified list

7-8 containing the name and mailing address of each person for whom

7-9 candidacy papers have been filed in the office of the secretary of state, and

7-10 who is entitled to be voted for in the county at the next succeeding primary

7-11 election, together with the title of the office for which the person is a

7-12 candidate and the party or principles he represents. The secretary of state

7-13 shall forward the certified list not later than 5 working days after the last

7-14 day upon which any candidate on the list may withdraw his candidacy

7-15 pursuant to NRS 293.202.

7-16 2. There must be a party designation only for candidates for partisan

7-17 offices.

7-18 Sec. 14. NRS 293.197 is hereby amended to read as follows:

7-19 293.197 1. In any judicial district that has more than one district

7-20 judge, each department is a separate office for the purposes of nominating

7-21 and electing the district judge of that department.

7-22 2. In any judicial district that includes a county whose population is

7-23 100,000 or more:

7-24 (a) The departments of the family division of the district court must be

7-25 denoted as such on all ballots and sample ballots, using the words "district

7-26 court judge, family division, department . . . ." Each such department must

7-27 be separately designated . [with a letter, beginning with "A" and continuing

7-28 in sequence for each department.]

7-29 (b) The remaining departments of the district court must be denoted as

7-30 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:

7-34 293.200 1. An independent candidate for partisan office must file

7-35 with the [proper] appropriate filing officer:

7-36 (a) A copy of the petition of candidacy that he intends to circulate for

7-37 signatures. The copy must be filed not earlier than the January 2

7-38 preceding the date of the election and not later than 25 days before the

7-39 last day to file the petition pursuant to subsection 4. The copy must also

7-40 be filed before the petition may be circulated.

7-41 (b) A petition of candidacy signed by a number of registered voters

7-42 equal to at least 1 percent of the total number of ballots cast in [the] this

8-1 state or in the county or district electing that officer at the last preceding

8-2 general election in which a person was elected to that office.

8-3 2. The petition may consist of more than one document. Each

8-4 document must bear the name of the county in which it was circulated and

8-5 only registered voters of that county may sign the document. [The person

8-6 who circulates the document must be a registered voter of that county.] If

8-7 the office is [a district] not a statewide office, only the registered voters of

8-8 [that] the county, district or municipality in question may sign the

8-9 document. The documents which are circulated for signature in a county

8-10 must be submitted to that county clerk for verification in the manner

8-11 prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [40] 25

8-12 days before [filing] the last day to file the petition of candidacy with the

8-13 [proper] appropriate filing officer [. Each signer] pursuant to subsection

8-14 4. Each person who signs the petition shall add to his signature the address

8-15 of the place at which he actually resides, the date that he signs the petition

8-16 and the name of the county where he is registered to vote . [for the purpose

8-17 of determining whether he is a registered voter.] The person who circulates

8-18 each document of the petition shall sign an affidavit attesting that the

8-19 signatures on the document are genuine to the best of his knowledge and

8-20 belief and were signed in his presence by persons registered to vote in that

8-21 county.

8-22 3. The petition of candidacy may state the principle, if any, which the

8-23 person qualified represents.

8-24 4. Petitions of candidacy must be filed not earlier than the first Monday

8-25 in May preceding the general election and not later than 5 p.m. on the third

8-26 Tuesday in August.

8-27 5. No petition of candidacy may contain the name of more than one

8-28 candidate for each office to be filled.

8-29 6. A person may not file as an independent candidate if he is proposing

8-30 to run as the candidate of a political party.

8-31 7. The names of independent candidates must be placed on the general

8-32 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 this

8-34 section is challenged, all affidavits and documents in support of the

8-35 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

8-36 August. Any judicial proceeding resulting from the challenge must be set

8-37 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 filed

8-40 with the secretary of state.

8-41 (b) The district court for the county where the petition of candidacy was

8-42 filed if the petition was filed with a county clerk.

9-1 10. An independent candidate for partisan office must file a declaration

9-2 of candidacy with the [proper] appropriate filing officer and pay the fee

9-3 required by NRS 293.193 not earlier than the first Monday in May of the

9-4 year in which the election is held nor later than 5 p.m. of the first

9-5 Wednesday in July.

9-6 Sec. 16. NRS 293.202 is hereby amended to read as follows:

9-7 293.202 A withdrawal of candidacy for office must be in writing and

9-8 must be presented by the candidate in person, within 7 days , excluding

9-9 Saturdays, Sundays and holidays, after the last day for filing, to the officer

9-10 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:

9-12 293.3606 1. After 8 a.m. on election day, the appropriate board shall

9-13 count in public the returns for early voting.

9-14 2. The returns for early voting must not be reported until after the polls

9-15 have closed on election day.

9-16 3. The returns for early voting [may] must be reported separately from

9-17 the regular votes of the precinct, unless reporting the returns separately

9-18 would violate the secrecy of the voter’s ballot.

9-19 4. The county clerk shall develop a procedure to ensure that each ballot

9-20 is kept secret.

9-21 5. Any person who disseminates to the public information relating to

9-22 the count of returns for early voting before the polls close is guilty of a

9-23 gross misdemeanor.

9-24 Sec. 18. NRS 293.387 is hereby amended to read as follows:

9-25 293.387 1. As soon as the returns from all the precincts and districts

9-26 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 be

9-28 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; and

9-31 (b) Take account of the changes resulting from the discovery, so that the

9-32 result declared represents the true vote cast.

9-33 3. The county clerk shall, as soon as the result is declared, enter upon

9-34 the records of the board an abstract of the result, which must contain the

9-35 number of votes cast for each candidate. The board, after making the

9-36 abstract, shall cause the county clerk to certify the abstract and, by an order

9-37 made and entered in the minutes of its proceedings, to make:

9-38 (a) A copy of the certified abstract; and

9-39 (b) A mechanized report of the abstract in compliance with regulations

9-40 adopted by the secretary of state,

9-41 and transmit them to the secretary of state [within 5] not more than 6

9-42 working days after [the day after] the election.

10-1 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. He

10-3 shall make out and file in his office an abstract thereof, and shall certify to

10-4 the county clerk of each county the name of each person nominated, and the

10-5 name of the office for which he is nominated.

10-6 Sec. 19. NRS 293.820 is hereby amended to read as follows:

10-7 293.820 1. It is unlawful for any person to solicit [any money] a

10-8 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 first

10-10 having obtained written approval therefor, or a charter for that

10-11 organization, from the central or executive committee of that political party

10-12 the name of which is being used or incorporated in the title of that

10-13 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 a

10-15 charter or written approval if that person or organization is:

10-16 (a) Publicly organized for the sole and limited purpose of supporting the

10-17 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 a

10-21 gross misdemeanor.

10-22 4. As used in this section, "contribution" has the meaning ascribed

10-23 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. on

10-26 the day before the first day of early voting, the county or city clerk [of a

10-27 county or city that uses a] shall test:

10-28 1. The mechanical recording device which directly records votes

10-29 electronically [shall test the] , if any; or

10-30 2. The automatic tabulating equipment and programs , if any,

10-31 to ascertain that the device or equipment and programs will correctly count

10-32 the votes cast for all offices and on all measures.

10-33 Sec. 21. NRS 293B.155 is hereby amended to read as follows:

10-34 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165

10-35 must be conducted by processing a preaudited group of logic and accuracy

10-36 test ballots so punched, voted or marked as to record a predetermined

10-37 number of valid votes for each candidate and on each measure, and must

10-38 include for each office one or more ballots which have votes in excess of

10-39 the number allowed by law in order to test the ability of the mechanical

10-40 recording device or the automatic tabulating equipment and programs to

10-41 reject those votes.

10-42 2. If any error is detected, the cause therefor must be ascertained and

10-43 corrected and an errorless count must be made before the mechanical

11-1 recording device or the automatic tabulating equipment and programs are

11-2 approved.

11-3 3. When satisfied with the accuracy of the mechanical recording

11-4 device or automatic tabulating equipment and computer program, the

11-5 accuracy certification board and the county or city clerk shall date and sign

11-6 all reports, and seal the program, if any, and the reports [,] and all test

11-7 material in an appropriate container. The container must be kept sealed by

11-8 the clerk.

11-9 4. Except as otherwise provided in this subsection, the contents of such

11-10 a sealed container are not subject to the inspection of anyone except in the

11-11 case of a contested election, and then only by the judge, body or board

11-12 before whom the election is being contested, or by the parties to the

11-13 contest, jointly, pursuant to an order of that judge, body or board. For the

11-14 period set forth in NRS 293.413 during which a candidate may file a

11-15 statement of contest, the results of the test must be made available in the

11-16 clerk’s office for public inspection.

11-17 Sec. 22. NRS 293B.170 is hereby amended to read as follows:

11-18 293B.170 After the completion of the last logic and accuracy test, the

11-19 programs used, if any, and the logic and accuracy test ballots and the

11-20 official ballots shall be sealed, retained and disposed of in the manner

11-21 provided in NRS 293.391 for other ballots.

11-22 Sec. 23. Chapter 293C of NRS is hereby amended by adding thereto a

11-23 new section to read as follows:

11-24 1. A city may conduct a special election by mail. To the extent

11-25 applicable, the provisions of this chapter governing voting by mail and

11-26 absent ballot apply to a special election conducted by mail pursuant to

11-27 this section.

11-28 2. The secretary of state shall adopt regulations to carry out the

11-29 provisions of this section.

11-30 Sec. 24. NRS 293C.175 is hereby amended to read as follows:

11-31 293C.175 1. A primary city election must be held in each city of the

11-32 first class, and in each city of the second class that has so provided by

11-33 ordinance, on the first Tuesday after the first Monday in [May] April of

11-34 every year in which a general city election is to be held, at which time there

11-35 must be nominated candidates for offices to be voted for at the next general

11-36 city election.

11-37 2. A candidate for any office to be voted for at the primary city

11-38 election must file a declaration of candidacy with the city clerk not less

11-39 than 60 days nor more than 70 days before the date of the primary city

11-40 election. The city clerk shall charge and collect from the candidate and the

11-41 candidate must pay to the city clerk, at the time of filing the declaration of

11-42 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 of

12-2 the general fund of the city.

12-3 3. All candidates, except as otherwise provided in NRS 266.220, must

12-4 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 election

12-7 for the office for which he is a candidate, his name alone must be placed on

12-8 the ballot for the general city election. If, in the primary city election, no

12-9 candidate receives a majority of votes cast in that election for the office for

12-10 which he is a candidate, the names of the two candidates receiving the

12-11 highest number of votes must be placed on the ballot for the general city

12-12 election.

12-13 Sec. 25. NRS 293C.190 is hereby amended to read as follows:

12-14 293C.190 1. A vacancy occurring in a nomination for a city office

12-15 after the close of filing and before the first Tuesday after the first Monday

12-16 in [May] April in a year in which a general city election is held must be

12-17 filled by filing a nominating petition that is signed by at least 1 percent of

12-18 the persons who are registered to vote and who voted for that office at the

12-19 last preceding general city election. The petition must be filed not earlier

12-20 than 30 days before the date of the primary city election and not later than

12-21 the third Tuesday after the third Monday in [May.] April. A candidate

12-22 nominated pursuant to the provisions of this subsection may be elected only

12-23 at a general city election and his name must not appear on the ballot for a

12-24 primary city election.

12-25 2. A vacancy occurring in a nomination for a city office after a primary

12-26 city election and before the second Tuesday after the second Monday in

12-27 [May] April must be filled by the person who received the next highest vote

12-28 for the nomination in the primary city election.

12-29 3. Except to place a candidate nominated pursuant to subsection 1 on

12-30 the ballot, no change may be made on the ballot after the second Tuesday

12-31 after the second Monday in [May] April of the year in which the general

12-32 city election is held. If a nominee dies after that date, his name must remain

12-33 on the ballot and, if elected, a vacancy exists.

12-34 4. All designations provided for in this section must be filed before 5

12-35 p.m. on the second Tuesday after the second Monday in [May] April of the

12-36 year in which the general city election is held. The filing fee must be paid

12-37 and an acceptance of the designation must be filed before 5 p.m. on that

12-38 date.

12-39 Sec. 26. NRS 293C.195 is hereby amended to read as follows:

12-40 293C.195 A withdrawal of candidacy for a city office must be in

12-41 writing and presented to the city clerk by the candidate in person within 2

12-42 days , excluding Saturdays, Sundays and holidays, after the last day for

12-43 filing a declaration of candidacy or an acceptance of candidacy.

13-1 Sec. 27. NRS 293C.345 is hereby amended to read as follows:

13-2 293C.345 The city clerk shall mail to each registered voter in each

13-3 mailing precinct and in each absent ballot mailing precinct, before 5 p.m.

13-4 on the third Thursday in [April] March and before 5 p.m. on the fourth

13-5 Tuesday in May of any year in which a general city election is held, an

13-6 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:

13-8 293C.370 1. Whenever a candidate whose name appears upon the

13-9 ballot at a general city election dies after 5 p.m. of the third Tuesday after

13-10 the third Monday in [May] April and before the time of the closing of the

13-11 polls on the day of the election, the votes cast for the deceased candidate

13-12 must be counted in determining the results of the election for the office for

13-13 which the decedent was a candidate.

13-14 2. If the deceased candidate receives the majority of the votes cast for

13-15 the office, he shall be deemed elected and the office to which he was

13-16 elected shall be deemed vacant at the beginning of the term for which he

13-17 was elected. The vacancy created must be filled in the same manner as if

13-18 the candidate had died after taking office for that term.

13-19 Sec. 29. NRS 294A.120 is hereby amended to read as follows:

13-20 294A.120 1. Every candidate for state, district, county or township

13-21 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 days

13-23 before the regular session of the legislature after the last election for that

13-24 office up to 12 days before the primary election;

13-25 (b) Seven days before the general election, whether or not the candidate

13-26 won the primary election, for the period from 12 days before the primary

13-27 election up to 12 days before the general election; and

13-28 (c) The 15th day of the second month after the general election, for the

13-29 remaining period up to 30 days before the next regular session of the

13-30 legislature,

13-31 report the total amount of his campaign contributions on forms designed

13-32 and provided by the secretary of state and signed by the candidate under

13-33 penalty of perjury.

13-34 2. Except as otherwise provided in subsection 3, every candidate for a

13-35 district office at a special election shall, not later than:

13-36 (a) Seven days before the special election, for the period from his

13-37 nomination up to 12 days before the special election; and

13-38 (b) Thirty days after the special election, for the remaining period up to

13-39 the special election,

13-40 report the total amount of his campaign contributions on forms designed

13-41 and provided by the secretary of state and signed by the candidate under

13-42 penalty of perjury.

14-1 3. Every candidate for state, district, county, municipal or township

14-2 office at a special election to determine whether a public officer will be

14-3 recalled shall report the total amount of his campaign contributions on

14-4 forms designed and provided by the secretary of state and signed by the

14-5 candidate under penalty of perjury, 30 days after [the] :

14-6 (a) The special election, for the period from the filing of the notice of

14-7 intent to circulate the petition for recall up to the special election [.] ; or

14-8 (b) A district court determines that the petition for recall is legally

14-9 insufficient pursuant to subsection 5 of NRS 306.040, for the period from

14-10 the filing of the notice of intent to circulate the petition for recall up to

14-11 the date of the district court’s decision.

14-12 4. Reports of campaign contributions must be filed with the officer

14-13 with whom the candidate filed the declaration of candidacy or acceptance

14-14 of candidacy. A candidate may mail the report to that officer by certified

14-15 mail. If certified mail is used, the date of mailing shall be deemed the date

14-16 of filing.

14-17 5. Every county clerk who receives from candidates for legislative or

14-18 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 copy

14-20 of each report with the secretary of state within 10 working days after he

14-21 receives the report.

14-22 6. Each contribution in excess of $100 and contributions which a

14-23 contributor has made cumulatively in excess of that amount since the

14-24 beginning of the first reporting period must be separately identified with the

14-25 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:

14-28 294A.125 1. In addition to complying with the requirements set forth

14-29 in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

14-30 contributions in any year before the year in which the general election or

14-31 general city election in which the candidate intends to seek election to

14-32 public office is held, shall, [not later than December 31 of:] for:

14-33 (a) The year in which he receives contributions in excess of $10,000,

14-34 report the total contributions received [.] and expenditures made in that

14-35 year.

14-36 (b) Each year after the year in which he received contributions in excess

14-37 of $10,000, until the year of the general election or general city election in

14-38 which the candidate intends to seek election to public office is held, report

14-39 the contributions received and the expenditures made in that year.

14-40 2. The reports required by subsection 1 must be submitted on a form

14-41 designed and provided by the secretary of state and signed by the candidate

14-42 under penalty of perjury.

15-1 3. Each contribution in excess of $100 and contributions that a

15-2 contributor has made cumulatively in excess of that amount must be

15-3 separately identified with the name and address of the contributor and the

15-4 date of the contribution, tabulated and reported on the form provided by the

15-5 secretary of state. Each expenditure in excess of $100 and expenditures that

15-6 the candidate made cumulatively in excess of that amount must be

15-7 separately identified with the date of the expenditure, tabulated and

15-8 reported on the form provided by the secretary of state.

15-9 4. The report must be filed [with the secretary of state.] :

15-10 (a) With the officer with whom the candidate will file the declaration

15-11 of candidacy or acceptance of candidacy for the public office the

15-12 candidate intends to seek. A candidate may mail the report to that officer

15-13 by certified mail. If certified mail is used, the date of mailing shall be

15-14 deemed the date of filing.

15-15 (b) On or before January 15 of the year immediately after the year for

15-16 which the report is made.

15-17 5. A county clerk who receives from a candidate for legislative or

15-18 judicial office, except the office of justice of the peace or municipal

15-19 judge, a report of contributions and expenditures pursuant to subsection

15-20 4 shall file a copy of the report with the secretary of state within 10

15-21 working days after he receives the report.

15-22 Sec. 31. NRS 294A.180 is hereby amended to read as follows:

15-23 294A.180 1. Each candidate for a state, district, county, city or

15-24 township office who is not elected to that office shall, not later than the

15-25 15th day of the second month after his defeat, file a report with the

15-26 secretary of state stating the amount of contributions which he received for

15-27 that campaign but did not spend and the disposition of those unspent

15-28 contributions.

15-29 2. Each public officer who is elected to a state, district, county, city or

15-30 township office shall file a report : [with the secretary of state:]

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 not

15-33 spend and the amount, if any, of those unspent contributions disposed of

15-34 pursuant to subsection 2 of NRS 294A.160;

15-35 (b) Not later than January 15th of each year of his term beginning the

15-36 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 NRS

15-38 294A.160 during the period since his last report and the manner in which

15-39 they were disposed of; and

15-40 (c) Not later than the 15th day of the second month after he no longer

15-41 holds that office, stating the amount and disposition of any remaining

15-42 unspent contributions.

16-1 3. The reports required by subsections 1 and 2 must be submitted on a

16-2 form designed and provided by the secretary of state and signed by the

16-3 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 his

16-6 declaration of candidacy or acceptance of candidacy.

16-7 (b) May file the report by certified mail. If certified mail is used, the

16-8 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 to

16-11 subsection 4 shall file a copy of the report with the secretary of state

16-12 within 10 working days after he receives the report.

16-13 Sec. 32. NRS 294A.200 is hereby amended to read as follows:

16-14 294A.200 1. Every candidate for state, district, county or township

16-15 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 days

16-17 before the regular session of the legislature after the last election for that

16-18 office up to 12 days before the primary election;

16-19 (b) Seven days before the general election, whether or not the candidate

16-20 won the primary election, for the period from 12 days before the primary

16-21 election up to 12 days before the general election; and

16-22 (c) The 15th day of the second month after the general election, for the

16-23 remaining period up to 30 days before the next regular session of the

16-24 legislature,

16-25 report his campaign expenses on forms designed and provided by the

16-26 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 a

16-28 district office at a special election shall, not later than:

16-29 (a) Seven days before the special election, for the period from his

16-30 nomination up to 12 days before the special election; and

16-31 (b) Sixty days after the special election, for the remaining period up to

16-32 30 days after the special election,

16-33 report his campaign expenses on forms designed and provided by the

16-34 secretary of state and signed by the candidate under penalty of perjury.

16-35 3. Every candidate for state, district, county, municipal or township

16-36 office at a special election to determine whether a public officer will be

16-37 recalled shall report his campaign expenses on forms designed and

16-38 provided by the secretary of state and signed by the candidate under penalty

16-39 of perjury, 60 days after [the] :

16-40 (a) The special election, for the period from the filing of the notice of

16-41 intent to circulate the petition for recall up to 30 days after the special

16-42 election [.] ; or

17-1 (b) A district court determines that the petition for recall is legally

17-2 insufficient pursuant to subsection 5 of NRS 306.040, for the period from

17-3 the filing of the notice of intent to circulate the petition for recall up to

17-4 the date of the district court’s decision.

17-5 4. Reports of campaign expenses must be filed with the officer with

17-6 whom the candidate filed the declaration of candidacy or acceptance of

17-7 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 of

17-9 filing.

17-10 5. County clerks who receive from candidates for legislative or judicial

17-11 office, except the office of justice of the peace or municipal judge, reports

17-12 of campaign expenses pursuant to subsection 4 shall file a copy of each

17-13 report with the secretary of state within 10 working days after he receives

17-14 the report.

17-15 Sec. 33. NRS 294A.350 is hereby amended to read as follows:

17-16 294A.350 1. Every candidate for state, district, county, municipal or

17-17 township office shall file the reports of campaign contributions and

17-18 expenses required by NRS 294A.120, 294A.200 and 294A.360, even

17-19 though he:

17-20 (a) Withdraws his candidacy;

17-21 (b) Receives no campaign contributions; [or]

17-22 (c) Has no campaign expenses [.] ;

17-23 (d) Is removed from the ballot by court order; or

17-24 (e) Is the subject of a petition to recall and the special election is not

17-25 held.

17-26 2. A candidate who withdraws his candidacy pursuant to NRS 293.202

17-27 may file simultaneously all the reports of campaign contributions and

17-28 expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as

17-29 each report is filed on or before the last day for filing the respective report

17-30 pursuant to NRS 294A.120, 294A.200 or 294A.360.

17-31 Sec. 34. Chapter 295 of NRS is hereby amended by adding thereto a

17-32 new section to read as follows:

17-33 The legal sufficiency of a petition filed pursuant to NRS 295.015 to

17-34 295.056, inclusive, and this section, may be challenged by filing a

17-35 complaint in district court not later than 5 days, Saturdays, Sundays and

17-36 holidays excluded, after the petition is filed with the secretary of state. All

17-37 affidavits and documents in support of the challenge must be filed with

17-38 the complaint. The court shall set the matter for hearing not later than

17-39 30 days after the complaint is filed and shall give priority to such a

17-40 complaint over all other matters pending with the court, except for

17-41 criminal proceedings.

18-1 Sec. 35. NRS 295.056 is hereby amended to read as follows:

18-2 295.056 1. Before a petition for initiative or referendum is filed with

18-3 the secretary of state, the petitioners must submit to each county clerk for

18-4 verification pursuant to NRS 293.1276 to 293.1279, inclusive, the

18-5 document or documents which were circulated for signature within his

18-6 county. The clerks shall give the person submitting a document or

18-7 documents a receipt stating the number of documents and pages and the

18-8 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 a

18-10 statute, the document or documents must be submitted not later than the

18-11 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 third

18-14 Tuesday in June of an even-numbered year.

18-15 4. If the petition is for referendum, the document or documents must be

18-16 submitted not later than the third Tuesday in May of an even-numbered

18-17 year.

18-18 5. All documents which are submitted to a county clerk for verification

18-19 must be submitted at the same time.

18-20 Sec. 36. NRS 298.020 is hereby amended to read as follows:

18-21 298.020 1. Each major political party in this state, qualified by law

18-22 to place upon the general election ballot candidates for the office of

18-23 President and Vice President of the United States in the year when they are

18-24 to be elected, shall, at the state convention of the major political party held

18-25 in that year, choose from the qualified electors, who are legally registered

18-26 members of that political party, the number of presidential electors required

18-27 by law and no more, who must be nominated by the delegates at the state

18-28 convention. Upon the nomination thereof, the chairman and the secretary of

18-29 the convention shall certify the names and addresses of the nominees to the

18-30 secretary of state, who shall record the names in his office as the nominees

18-31 of that political party for presidential elector.

18-32 2. Each minor political party in this state, qualified by law to place

18-33 upon the general election ballot candidates for the office of President and

18-34 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 electors

18-36 required by law. The person who is authorized to file the list of candidates

18-37 for partisan office of the minor political party with the secretary of state

18-38 pursuant to NRS 293.1725 shall certify the names and addresses of the

18-39 nominees to the secretary of state, who shall record the names in his office

18-40 as the nominees of that political party for presidential elector.

18-41 Sec. 37. NRS 298.109 is hereby amended to read as follows:

18-42 298.109 1. A person who desires to be an independent candidate for

18-43 the office of President of the United States must, not later than 5 p.m. on

19-1 the second Friday in August in each year in which a presidential election is

19-2 to be held, pay a filing fee of $250 and file with the secretary of state a

19-3 declaration of candidacy and a petition of candidacy, in which he must also

19-4 designate his nominee for Vice President. The petition must be signed by a

19-5 number of registered voters equal to not less than 1 percent of the total

19-6 number of votes cast at the last preceding general election for candidates

19-7 for the offices of Representative in Congress and must request that the

19-8 names of the proposed candidates be placed on the ballot at the general

19-9 election that year. The candidate shall file a copy of the petition he intends

19-10 to circulate for signatures with the secretary of state.

19-11 2. The petition may consist of more than one document. Each

19-12 document must bear the name of a county and only registered voters of that

19-13 county may sign the document. The documents which are circulated for

19-14 signature in a county must be submitted to that county clerk for verification

19-15 in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later

19-16 than [40] 25 days before [filing] the last day to file the petition of

19-17 candidacy with the secretary of state [.] pursuant to subsection 1. Each

19-18 person signing shall add to his signature the address of the place at which

19-19 he resides, the date that he signs and the name of the county wherein he is

19-20 registered to vote. Each document of the petition must also contain the

19-21 affidavit of the person who circulated the document that all signatures

19-22 thereon are genuine to the best of his knowledge and belief and were signed

19-23 in his presence by persons registered to vote in that county.

19-24 3. Each independent candidate so nominated for the office of President

19-25 shall at the time of filing his petition as provided in subsection 1, or within

19-26 10 days thereafter, file with the secretary of state his written designation of

19-27 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 whom

19-29 must then be registered voters. Immediately following receipt of each

19-30 candidate’s written designation of his nominees for electors, the secretary

19-31 of state shall record them in his office as the nominees for presidential

19-32 electors of that independent candidate.

19-33 4. If the candidacy of any person who seeks to qualify pursuant to this

19-34 section is challenged, all affidavits and documents in support of the

19-35 challenge must be filed with the first judicial district court not later than 5

19-36 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to

19-37 the challenge must be set for hearing not later than 5 days after the fourth

19-38 Tuesday in August.

19-39 5. The county clerk shall not disqualify the signature of a voter who

19-40 fails to provide all [of] the information required by this section if the voter

19-41 is registered in the county named on the document.

20-1 Sec. 38. NRS 306.015 is hereby amended to read as follows:

20-2 306.015 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 intent

20-4 with the filing officer . [with whom the public officer to be recalled filed his

20-5 declaration of candidacy or acceptance of candidacy pursuant to NRS

20-6 293.185, 293C.145 or 293C.175.]

20-7 2. The notice of intent:

20-8 (a) Must be signed by three registered voters who actually voted in [the]

20-9 this state or in the county, district or municipality electing the officer at the

20-10 last preceding general election.

20-11 (b) Must be signed before a person authorized by law to administer

20-12 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 is

20-14 issued, as set forth in NRS 306.040.

20-15 3. The petition may consist of more than one document. The persons

20-16 filing the notice of intent shall submit the petition that was circulated for

20-17 signatures to the [county clerk pursuant to NRS 306.035] filing officer

20-18 within 60 days after the date on which the notice of intent was filed. The

20-19 filing officer shall immediately submit the petition to the county clerk for

20-20 verification pursuant to NRS 306.035. Any person who fails to file the

20-21 petition as required by this subsection is guilty of a misdemeanor. Copies of

20-22 the petition are not valid for any subsequent petition.

20-23 4. The county clerk shall, upon completing the verification of the

20-24 signatures on the petition, file the petition with the filing officer . [with

20-25 whom the public officer to be recalled filed his declaration of candidacy or

20-26 acceptance of candidacy.]

20-27 5. Any person who signs a petition to recall any public officer may

20-28 remove his name from the petition by submitting a request in writing to the

20-29 county clerk at any time before the petition is submitted for the verification

20-30 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 a

20-32 petition to recall a public officer is immune from civil liability for conduct

20-33 related to the exercise of his right to participate in the recall of a public

20-34 officer.

20-35 7. As used in this section, "filing officer" means the officer with

20-36 whom the public officer to be recalled filed his declaration of candidacy

20-37 or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or

20-38 293C.175.

20-39 Sec. 39. NRS 306.035 is hereby amended to read as follows:

20-40 306.035 1. Before a petition to recall a state officer who is elected

20-41 statewide is filed with the secretary of state [, the petitioners must submit

20-42 to] pursuant to subsection 4 of NRS 306.015, each county clerk [for

20-43 verification] must verify, pursuant to NRS 293.1276 to 293.1279,

21-1 inclusive, the document or documents which were circulated for signature

21-2 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 filed [with the proper officer, the petitioners

21-5 must submit to] pursuant to subsection 4 of NRS 306.015, the county clerk

21-6 [for verification limited to the relevant area in the manner prescribed in]

21-7 must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the

21-8 document or documents which were circulated for signatures within his

21-9 county.

21-10 3. If more than one document was circulated, all the documents must

21-11 be submitted to the clerk at the same time.

21-12 Sec. 40. NRS 306.040 is hereby amended to read as follows:

21-13 306.040 1. Upon determining that the number of signatures on a

21-14 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 with

21-16 whom the petition is to be filed pursuant to subsection 4 of NRS 306.015

21-17 and the public officer who is the subject of the petition.

21-18 2. [Any] After the verification of signatures is complete, but not later

21-19 than the date a complaint is filed pursuant to subsection 5 or the date the

21-20 call for a special election is issued, whichever is earlier, a person who

21-21 signs a petition to recall may request the secretary of state to strike his

21-22 name from the petition . [after the verification of signatures is complete and

21-23 before the date the call for a special election is issued.] If the person

21-24 demonstrates good cause therefor, the secretary of state shall strike his

21-25 name from the petition.

21-26 3. Not sooner than 10 days nor more than 20 days after the secretary of

21-27 state completes the notification required by subsection 1, if a complaint is

21-28 not filed pursuant to subsection 5, the officer with whom the petition is

21-29 filed shall issue a call for a special election in the jurisdiction in which the

21-30 public officer who is the subject of the petition was elected to determine

21-31 whether the people will recall him.

21-32 4. The call for a special election pursuant to subsection 3 or 6 must

21-33 include, without limitation:

21-34 (a) The last day on which a person may register to vote to qualify to vote

21-35 in the special election; and

21-36 (b) The last day on which a petition to nominate other candidates for the

21-37 office may be filed.

21-38 [4.] 5. The legal sufficiency of the petition may be challenged by filing

21-39 a complaint in district court not later than 5 days, Saturdays , [and] Sundays

21-40 and holidays excluded, after the secretary of state completes the

21-41 notification required by subsection 1. All affidavits and documents in

21-42 support of the challenge must be filed with the complaint. The court shall

21-43 set the matter for hearing not later than 30 days after the complaint is filed

22-1 and shall give priority to such a complaint over all other matters pending

22-2 with the court, except for criminal proceedings.

22-3 [5.] 6. Upon the conclusion of the hearing, if the court determines that

22-4 the petition is sufficient, it shall order the officer with whom the petition is

22-5 filed to issue a call for a special election in the jurisdiction in which the

22-6 public officer who is the subject of the petition was elected to determine

22-7 whether the people will recall [the public officer who is the subject of the

22-8 petition.] him. If the court determines that the petition is not sufficient, it

22-9 shall order the officer with whom the petition is filed to cease any further

22-10 proceedings regarding the petition.

22-11 Sec. 41. Section 96 of the charter of Boulder City is hereby amended

22-12 to read as follows:

22-13 Section 96. Conduct of city elections.

22-14 1. All City elections [shall] must be nonpartisan in character

22-15 and [shall] must be conducted in accordance with the provisions of

22-16 the general election laws of the State of Nevada and any ordinance

22-17 regulations as adopted by the City Council which are consistent

22-18 with law and this Charter. (1959 Charter)

22-19 2. All full terms of office in the City Council [shall be] are four

22-20 years, and Councilmen [shall] must be elected at large without

22-21 regard to precinct residency. Two full-term Councilmen and the

22-22 Mayor are to be elected in each year immediately preceding a

22-23 Federal presidential election, and two full-term Councilmen are to

22-24 be elected in each year immediately following a Federal presidential

22-25 election. In each election, the candidates receiving the greatest

22-26 number of votes [shall] must be declared elected to the vacant full-

22-27 term positions. (Add. 17; Amd. 1; 11-5-96)

22-28 A. In the event one or more two-year term positions on the

22-29 Council will be available at the time of a municipal election as

22-30 provided in Section 12, candidates [shall] must file specifically for

22-31 such position(s). Candidates receiving the greatest respective

22-32 number of votes [shall] must be declared elected to the respective

22-33 available two-year positions. (Add. 15; Amd. 2; 6-4-91)

22-34 3. A city primary election [shall] must be held on the [1st] first

22-35 Tuesday after the [1st] first Monday in [May] April of each odd-

22-36 numbered year and a City general election [shall] must be held on

22-37 the [1st] first Tuesday after the [1st] first Monday in June of each

22-38 odd-numbered year.

22-39 A. [No primary shall] A primary election must not be held if

22-40 no more than double the number of Councilmen to be elected file as

22-41 candidates. [No primary shall] A primary election must not be held

22-42 for the office of Mayor if no more than two candidates file for that

22-43 position. The primary election [shall] must be held for the purpose

23-1 of eliminating candidates in excess of a figure double the number of

23-2 Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)

23-3 B. If, in the primary City election, a candidate receives votes

23-4 equal to a majority of voters casting ballots in that election, he shall

23-5 be considered elected to one of the vacancies and his name shall not

23-6 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 entitled

23-9 to cast ballots for candidates in a number equal to the number of

23-10 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, being

23-12 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 as

23-14 follows:

23-15 Sec. 5.010 Primary election.

23-16 1. A primary election must be held on the Tuesday after the

23-17 first Monday in [May] April of each odd-numbered year, at which

23-18 time there must be nominated candidates for offices to be voted for

23-19 at the next general municipal election.

23-20 2. A candidate for any office to be voted for at any primary

23-21 municipal election must file a declaration of candidacy as provided

23-22 by the election laws of this state.

23-23 3. A candidate for mayor, councilman, municipal judge or any

23-24 other office not otherwise provided for by law must pay to the city

23-25 clerk, at the time of filing the declaration of candidacy, the filing fee

23-26 in the amount fixed by the city council.

23-27 4. All candidates for elective office must be voted upon by the

23-28 registered voters of the city at large.

23-29 5. If in the primary election no candidate receives a majority of

23-30 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 of

23-32 votes must be placed on the ballot for the general election. If in the

23-33 primary election, regardless of the number of candidates for an

23-34 office, one candidate receives a majority of votes cast in that

23-35 election for the office for which he is a candidate, he must be

23-36 declared elected and no general election need be held for that

23-37 office.

23-38 6. If at 5 p.m. on the last day for filing a declaration of

23-39 candidacy, there is only one candidate for nomination for any

23-40 office, that candidate must be declared elected and no election may

23-41 be held for that office.

24-1 Sec. 43. Section 5.010 of the charter of the city of Las Vegas, being

24-2 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 as

24-4 follows:

24-5 Sec. 5.010 Primary municipal elections.

24-6 1. On the Tuesday after the [1st] first Monday in [May] April

24-7 1985, and at each successive interval of 4 years, a primary

24-8 municipal election must be held in the city at which time candidates

24-9 for two offices of councilman and for municipal judge, department

24-10 2, must be nominated.

24-11 2. On the Tuesday after the [1st] first Monday in [May] April

24-12 1987, and at each successive interval of 4 years, a primary

24-13 municipal election must be held in the city at which time candidates

24-14 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 as

24-17 provided in subsections 1 and 2 must be nominated and voted for

24-18 separately according to the respective wards. The candidates from

24-19 wards 2 and 4 must be nominated as provided in subsection 1, and

24-20 the candidates from wards 1 and 3 must be nominated as provided

24-21 in subsection 2.

24-22 4. If the city council has established an additional department

24-23 or departments of the municipal court pursuant to section 4.010 of

24-24 this charter, and, as a result, more than one office of municipal

24-25 judge is to be filled at any election, the candidates for those offices

24-26 must be nominated and voted upon separately according to the

24-27 respective departments.

24-28 5. Each candidate for the municipal offices which are provided

24-29 for in subsections 1, 2 and 4 must file a declaration of candidacy

24-30 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, the

24-32 filing fee which is prescribed by ordinance for that office. All of the

24-33 filing fees which are collected by the city clerk must be paid into the

24-34 city treasury.

24-35 6. If, at 5 p.m. on the last day for filing a declaration of

24-36 candidacy, there is only one candidate for nomination for any

24-37 office, that candidate must be declared elected for the term which

24-38 commences on the day of the first regular meeting of the city

24-39 council next succeeding the meeting at which the canvass of the

24-40 returns is made, and no primary or general election need be held for

24-41 that office.

25-1 7. If, in the primary election, regardless of the number of

25-2 candidates for an office, one candidate receives a majority of votes

25-3 which are cast in that election for the office for which he is a

25-4 candidate, he must be declared elected for the term which

25-5 commences on the day of the first regular meeting of the city

25-6 council next succeeding the meeting at which the canvass of the

25-7 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 votes

25-9 which are cast in that election for the office for which he is a

25-10 candidate, the names of the two candidates who receive the highest

25-11 number of votes must be placed on the ballot for the general

25-12 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 chapter

25-15 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as

25-16 follows:

25-17 Sec. 5.020 Primary municipal elections; declaration of

25-18 candidacy.

25-19 1. The city council shall provide by ordinance for candidates

25-20 for elective office to declare their candidacy and file the necessary

25-21 documents.

25-22 2. If for any general municipal election there are three or more

25-23 candidates for the offices of mayor or municipal judge, or five or

25-24 more candidates for the office of councilman, a primary election for

25-25 any such office must be held on the Tuesday following the first

25-26 Monday in [May] April preceding the general election.

25-27 3. Except as otherwise provided in subsections 4 and 5, after

25-28 the primary election, the names of the two candidates for mayor and

25-29 municipal judge and the names of the four candidates for city

25-30 councilman who receive the highest number of votes must be placed

25-31 on the ballot for the general election.

25-32 4. If one of the candidates for mayor or municipal judge

25-33 receives a majority of the total votes cast for that office in the

25-34 primary election, he shall be declared elected to office and his name

25-35 must not appear on the ballot for the general election.

25-36 5. If a candidate for city council receives votes equal to a

25-37 majority of voters casting ballots in the primary election:

25-38 (a) He shall be declared elected to one of the open seats on the

25-39 city council and his name must not appear on the ballot for the

25-40 general election.

25-41 (b) Unless all the open seats were filled pursuant to paragraph

25-42 (a), the names of those candidates who received the highest number

25-43 of votes but did not receive a number of votes equal to a majority of

26-1 the voters casting ballots in the primary election, not to exceed

26-2 twice the number of candidates remaining to be elected, must be

26-3 placed on the ballot for the general election.

26-4 Sec. 45. Section 5.020 of the charter of the city of Sparks, being

26-5 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 as

26-7 follows:

26-8 Sec. 5.020 Primary municipal elections: Declaration of

26-9 candidacy.

26-10 1. If for any general municipal election there are three or more

26-11 candidates for the offices of mayor, city attorney or municipal judge

26-12 or three or more candidates from each ward to represent the ward as

26-13 a member of the city council, a primary election for that office must

26-14 be held on the first Tuesday after the first Monday in [May] April

26-15 preceding the general election.

26-16 2. Candidates for the offices of mayor, city attorney and

26-17 municipal judge must be voted upon by the registered voters of the

26-18 city at large. Candidates to represent a ward as a member of the city

26-19 council must be voted upon by the registered voters of the ward to

26-20 be represented by them.

26-21 3. The names of the two candidates for mayor, city attorney and

26-22 municipal judge and the names of the two candidates to represent

26-23 the ward as a member of the city council from each ward who

26-24 receive the highest number of votes at the primary election must be

26-25 placed on the ballot for the general election.

26-26 Sec. 46. The amendatory provisions of this act do not apply to conduct

26-27 that occurred before October 1, 1999.

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