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 thereto a1-2
new section to read as follows:1-3
A person may sign a petition required under the election laws of this1-4
state on or after the date he is deemed to be registered to vote pursuant to1-5
subsection 5 of NRS 293.517 or subsection 5 of NRS 293.5235.1-6
Sec. 2. NRS 293.12793 is hereby amended to read as follows: 293.12793 1. If the secretary of state determines that the total1-8
number of signatures that the county clerks have certified pursuant to NRS1-9
293.1277 or 293.1279 is less than 100 percent of the number of registered1-10
voters needed to make the petition sufficient, the person who submitted the1-11
petition may contest the verification of the1-12
appeal with the secretary of state. The appeal must:2-1
(a) Be filed within 5 working days after receipt of notification of the2-2
determination of the secretary of state;2-3
(b) Include each reason for the appeal; and2-4
(c) Include a statement of the number of signatures, if any, that the2-5
county clerk determined were invalid.2-6
2. The secretary of state shall2-7
(a) If the petition was circulated pursuant to chapter 306 of NRS,2-8
immediately notify the public officer who is the subject of the petition of2-9
the appeal by the person who submitted the petition; and2-10
(b) Consider the allegations and conduct an investigation , if necessary.2-11
Sec. 3. NRS 293.128 is hereby amended to read as follows: 293.128 1. To qualify as a major political party any organization2-13
must, under a common name:2-14
(a) On January 1 preceding any primary election, have been designated2-15
as a political party on the applications to register to vote of at least 102-16
percent of the total number of registered voters in2-17
(b) File a petition with the secretary of state not later than the last Friday2-18
in April before any primary election signed by a number of registered2-19
voters equal to or more than 10 percent of the total number of votes cast at2-20
the last preceding general election for the offices of Representative in2-21
Congress.2-22
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the2-23
names of the voters need not all be on one document, but each document of2-24
the petition must be verified by at least one of its signers to the effect that2-25
the signers are registered voters of2-26
information and belief and that the signatures are genuine and were signed2-27
in his presence. Each document of the petition must bear the name of a2-28
county and only registered voters of that county may sign the document.2-29
The documents which are circulated for signature must then be submitted2-30
for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later2-31
than2-32
election.2-33
3. In addition to the requirements set forth in subsection 1, each2-34
organization which wishes to qualify as a political party must file with the2-35
secretary of state a certificate of existence which includes the:2-36
(a) Name of the political party;2-37
(b) Names and addresses of its officers;2-38
(c) Names of the members of its executive committee; and2-39
(d) Name of the person who is authorized by the party to act as resident2-40
agent in this state.2-41
4. A political party shall file with the secretary of state an amended2-42
certificate of existence within 5 days after any change in the information2-43
contained in the certificate.3-1
Sec. 4. NRS 293.165 is hereby amended to read as follows:3-2
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy3-3
occurring in a major or minor political party nomination for a partisan3-4
office may be filled by a candidate designated by the party central3-5
committee of the county or state, as the case may be, subject to the3-6
provisions of subsections 4 and 5.3-7
2. A vacancy occurring in a nonpartisan nomination after the close of3-8
filing and before the first Tuesday in September must be filled by filing a3-9
nominating petition that is signed by at least 1 percent of the persons who3-10
are registered to vote and who voted for the office in question in the state,3-11
county, district or municipality at the last preceding general election. The3-12
petition must be filed not earlier than the first Tuesday in June and not later3-13
than the third Tuesday in September. A candidate nominated pursuant to3-14
the provisions of this subsection may be elected only at a general election3-15
and his name must not appear on the ballot for a primary election.3-16
3. A vacancy occurring in a nonpartisan nomination after a primary3-17
election and before the second Tuesday in September must be filled by the3-18
person who received the next highest vote for the nomination in the3-19
primary.3-20
4. Except to place a candidate nominated pursuant to subsection 2 on3-21
the ballot, no change may be made on the ballot after the second Tuesday3-22
in September of the year in which the general election is held. If a nominee3-23
dies after that date, his name must remain on the ballot and, if elected, a3-24
vacancy exists.3-25
5. All designations provided for in this section must be filed before 53-26
p.m. on the second Tuesday in September. In each case, the statutory filing3-27
fee must be paid and an acceptance of the designation must be filed before3-28
5 p.m. on that date.3-29
Sec. 5. NRS 293.171 is hereby amended to read as follows: 293.171 1. To qualify as a minor political party an organization must3-31
file with the secretary of state a certificate of existence which includes the:3-32
(a) Name of the political party;3-33
(b) Names of its officers;3-34
(c) Names of the members of its executive committee; and3-35
(d) Name of the person authorized to file the list of its candidates for3-36
partisan office with the secretary of state.3-37
2. A copy of the constitution or bylaws of the party must be affixed to3-38
the certificate.3-39
3. A minor political party shall file with the secretary of state an3-40
amended certificate of existence within 5 days after any change in the3-41
information contained in the certificate.4-1
4. The constitution or bylaws of a minor political party must provide a4-2
procedure for the nomination of its candidates in such a manner that only4-3
one candidate may be nominated for each office.4-4
5. A minor political party whose candidates for partisan office do not4-5
appear on the ballot for the general election must file a notice of continued4-6
existence with the secretary of state not later than the second Friday in4-7
August preceding the general election.4-8
6. A minor political party which fails to file a notice of continued4-9
existence as required by subsection 5 ceases to exist as a minor political4-10
party in this state.4-11
Sec. 6. NRS 293.1715 is hereby amended to read as follows: 293.1715 1. The names of the candidates for partisan office of a4-13
minor political party must not appear on the ballot for a primary election.4-14
2. The names of the candidates for partisan office of a minor political4-15
party must be placed on the ballot for the general election if the party has4-16
filed a certificate of existence and a list of its candidates for partisan office4-17
pursuant to the provisions of NRS 293.1725 with the secretary of state and:4-18
(a) At the last preceding general election, the minor political party4-19
polled for any of its candidates for partisan office a number of votes equal4-20
to or more than 1 percent of the total number of votes cast for the offices of4-21
Representative in Congress;4-22
(b) On January 1 preceding a primary election, the minor political party4-23
has been designated as the political party on the applications to register to4-24
vote of at least 1 percent of the total number of registered voters in4-25
this state; or4-26
(c) Not later than the second Friday in August preceding the general4-27
election, files a petition with the secretary of state which is signed by a4-28
number of registered voters equal to at least 1 percent of the total number4-29
of votes cast at the last preceding general election for the offices of4-30
Representative in Congress.4-31
3. The name of only one candidate of each minor political party for4-32
each partisan office may appear on the ballot for a general election.4-33
4. A minor political party must file a copy of the petition required by4-34
paragraph (c) of subsection 2 with the secretary of state before the petition4-35
may be circulated for signatures.4-36
Sec. 7. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to paragraph (c) of subsection 24-38
of NRS 293.1715 may consist of more than one document. Each document4-39
of the petition must:4-40
(a) Bear the name of the county in which it was circulated;4-41
(b) Include the affidavit of the person who circulated the document4-42
verifying that the signers are registered voters in5-1
to his best information and belief and that the signatures are genuine and5-2
were signed in his presence; and5-3
(c) Be submitted to the county clerk in the county in which it is5-4
circulated for verification in the manner prescribed in NRS 293.1276 to5-5
293.1279, inclusive, not later than5-6
August. A challenge to the form of a petition filed pursuant to paragraph (c)5-7
of subsection 2 of NRS 293.1715 must be made in a district court in the5-8
county in which the petition was circulated.5-9
2. A document which bears the name of a county may be signed only5-10
by registered voters of that county.5-11
3. Each person who signs a document shall also provide the address of5-12
the place where he resides, the date that he signs and the name of the5-13
county in which he is registered to vote.5-14
4. The county clerk shall not disqualify the signature of a voter who5-15
failed to provide all5-16
is registered in the county named on the document.5-17
Sec. 8. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor5-19
political party which wishes to place its candidates for partisan office on5-20
the ballot for a general election and:5-21
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of5-22
NRS 293.1715; or5-23
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS5-24
293.1715,5-25
must file with the secretary of state a list of its candidates for partisan5-26
office not earlier than the first Monday in May preceding the election nor5-27
later than the last Friday in June. The list must be signed by the person so5-28
authorized in the certificate of existence of the minor political party before5-29
a notary public or other person authorized to take acknowledgments. The5-30
list must not be amended after it is filed.5-31
2. The secretary of state shall immediately forward a certified copy of5-32
the list of candidates for partisan office of each minor political party to the5-33
filing officer with whom each candidate must file his declaration of5-34
candidacy.5-35
3. Each candidate on the list must file his declaration of candidacy with5-36
the5-37
293.193 not earlier than the date on which the list of candidates for5-38
partisan office of his minor political party is filed with the secretary of5-39
state nor later than the first Wednesday in July.5-40
4. A minor political party that wishes to place candidates for the offices5-41
of President and Vice President of the United States on the ballot and has5-42
otherwise qualified to place the names of its candidates for partisan office5-43
on the ballot for the general election pursuant to the provisions of this6-1
chapter must file with the secretary of state a certificate of nomination for6-2
these offices not later than the first Tuesday in September.6-3
Sec. 9. NRS 293.175 is hereby amended to read as follows: 293.175 1. The primary election must be held on the first Tuesday of6-5
September in each even-numbered year.6-6
2. Candidates for partisan office of a major political party and6-7
candidates for nonpartisan6-8
primary election.6-9
3. Candidates for partisan office of a minor political party must be6-10
nominated in the manner prescribed pursuant to NRS 293.171.6-11
4. Independent candidates for partisan office must be nominated in the6-12
manner provided in NRS 293.200.6-13
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply6-14
to:6-15
(a) Special elections to fill vacancies.6-16
(b) The nomination of the officers of incorporated cities.6-17
(c) The nomination of district officers whose nomination is otherwise6-18
provided for by statute.6-19
Sec. 10. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person6-21
may be a candidate for partisan office in any election if he has changed:6-22
(a) The designation of his political party affiliation; or6-23
(b) His designation of political party from nonpartisan to a designation6-24
of a political party affiliation,6-25
on an application to register to vote in the State of Nevada or in any other6-26
state6-27
preceding the closing filing date for6-28
date of that election6-29
effective at the time of the change in party designation.6-30
2. The provisions of subsection 1 do not apply to any person who is a6-31
candidate of a political party that was not qualified pursuant to NRS6-32
293.171 on the September 1 next preceding the closing filing date for the6-33
election.6-34
Sec. 11. NRS 293.187 is hereby amended to read as follows: 293.187 1.6-36
secretary of state shall forward to each county clerk a certified list6-37
containing the name and mailing address of each person for whom6-38
candidacy papers have been filed in the office of the secretary of state, and6-39
who is entitled to be voted for in the county at the next succeeding primary6-40
election, together with the title of the office for which the person is a6-41
candidate and the party or principles he represents. The secretary of state6-42
shall forward the certified list not later than 5 working days after the last7-1
day upon which any candidate on the list may withdraw his candidacy7-2
pursuant to NRS 293.202.7-3
2. There must be a party designation only for candidates for partisan7-4
offices.7-5
Sec. 12. NRS 293.197 is hereby amended to read as follows: 293.197 1. In any judicial district that has more than one district7-7
judge, each department is a separate office for the purposes of nominating7-8
and electing the district judge of that department.7-9
2. In any judicial district that includes a county whose population is7-10
100,000 or more:7-11
(a) The departments of the family division of the district court must be7-12
denoted as such on all ballots and sample ballots, using the words "district7-13
court judge, family division, department . . . ." Each such department must7-14
be separately designated .7-15
7-16
(b) The remaining departments of the district court must be denoted as7-17
such on all ballots and sample ballots, using the words "district court judge,7-18
department . . . ." Each such department must be designated with a numeral,7-19
beginning with "1" and continuing in sequence for each department.7-20
Sec. 13. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file7-22
with the7-23
(a) A copy of the petition of candidacy that he intends to circulate for7-24
signatures. The copy must be filed not earlier than the January 27-25
preceding the date of the election and not later than 25 days before the7-26
last day to file the petition pursuant to subsection 4. The copy must also7-27
be filed before the petition may be circulated.7-28
(b) A petition of candidacy signed by a number of registered voters7-29
equal to at least 1 percent of the total number of ballots cast in7-30
state or in the county or district electing that officer at the last preceding7-31
general election in which a person was elected to that office.7-32
2. The petition may consist of more than one document. Each7-33
document must bear the name of the county in which it was circulated and7-34
only registered voters of that county may sign the document.7-35
7-36
the office is7-37
7-38
document. The documents which are circulated for signature in a county7-39
must be submitted to that county clerk for verification in the manner7-40
prescribed in NRS 293.1276 to 293.1279, inclusive, not later than7-41
days before7-42
7-43
4. Each person who signs the petition shall add to his signature the address8-1
of the place at which he actually resides, the date that he signs the petition8-2
and the name of the county where he is registered to vote .8-3
8-4
each document of the petition shall sign an affidavit attesting that the8-5
signatures on the document are genuine to the best of his knowledge and8-6
belief and were signed in his presence by persons registered to vote in that8-7
county.8-8
3. The petition of candidacy may state the principle, if any, which the8-9
person qualified represents.8-10
4. Petitions of candidacy must be filed not earlier than the first Monday8-11
in May preceding the general election and not later than 5 p.m. on the third8-12
Tuesday in August.8-13
5. No petition of candidacy may contain the name of more than one8-14
candidate for each office to be filled.8-15
6. A person may not file as an independent candidate if he is proposing8-16
to run as the candidate of a political party.8-17
7. The names of independent candidates must be placed on the general8-18
election ballot and must not appear on the primary election ballot.8-19
8. If the candidacy of any person seeking to qualify pursuant to this8-20
section is challenged, all affidavits and documents in support of the8-21
challenge must be filed not later than 5 p.m. on the fourth Tuesday in8-22
August. Any judicial proceeding resulting from the challenge must be set8-23
for hearing not more than 5 days after the fourth Tuesday in August.8-24
9. Any challenge pursuant to subsection 8 must be filed with:8-25
(a) The first judicial district court if the petition of candidacy was filed8-26
with the secretary of state.8-27
(b) The district court for the county where the petition of candidacy was8-28
filed if the petition was filed with a county clerk.8-29
10. An independent candidate for partisan office must file a declaration8-30
of candidacy with the8-31
required by NRS 293.193 not earlier than the first Monday in May of the8-32
year in which the election is held nor later than 5 p.m. of the first8-33
Wednesday in July.8-34
Sec. 14. NRS 293.202 is hereby amended to read as follows: 293.202 A withdrawal of candidacy for office must be in writing and8-36
must be presented by the candidate in person, within 7 days , excluding8-37
Saturdays, Sundays and holidays, after the last day for filing, to the officer8-38
whose duty it is to receive filings for candidacy for that office.8-39
Sec. 15. NRS 293.3606 is hereby amended to read as follows: 293.3606 1. After 8 a.m. on election day, the appropriate board shall8-41
count in public the returns for early voting.8-42
2. The returns for early voting must not be reported until after the polls8-43
have closed on election day.9-1
3. The returns for early voting9-2
the regular votes of the precinct, unless reporting the returns separately9-3
would violate the secrecy of the voter’s ballot.9-4
4. The county clerk shall develop a procedure to ensure that each ballot9-5
is kept secret.9-6
5. Any person who disseminates to the public information relating to9-7
the count of returns for early voting before the polls close is guilty of a9-8
gross misdemeanor.9-9
Sec. 16. NRS 293.387 is hereby amended to read as follows: 293.387 1. As soon as the returns from all the precincts and districts9-11
in any county have been received by the board of county commissioners,9-12
the board shall meet and canvass the returns. The canvass must be9-13
completed on or before the fifth working day following the election.9-14
2. In making its canvass, the board shall:9-15
(a) Note separately any clerical errors discovered; and9-16
(b) Take account of the changes resulting from the discovery, so that the9-17
result declared represents the true vote cast.9-18
3. The county clerk shall, as soon as the result is declared, enter upon9-19
the records of the board an abstract of the result, which must contain the9-20
number of votes cast for each candidate. The board, after making the9-21
abstract, shall cause the county clerk to certify the abstract and, by an order9-22
made and entered in the minutes of its proceedings, to make:9-23
(a) A copy of the certified abstract; and9-24
(b) A mechanized report of the abstract in compliance with regulations9-25
adopted by the secretary of state,9-26
and transmit them to the secretary of state9-27
working days after9-28
4. The secretary of state shall, immediately after any primary election,9-29
compile the returns for all candidates voted for in more than one county. He9-30
shall make out and file in his office an abstract thereof, and shall certify to9-31
the county clerk of each county the name of each person nominated, and the9-32
name of the office for which he is nominated.9-33
Sec. 17. NRS 293.820 is hereby amended to read as follows: 293.820 1. It is unlawful for any person to solicit9-35
contribution for any organization the title of which incorporates the name,9-36
or any form of the name, of any political party in this state without first9-37
having obtained written approval therefor, or a charter for that9-38
organization, from the central or executive committee of that political party9-39
the name of which is being used or incorporated in the title of that9-40
organization for the county in which the money is being solicited.9-41
2. This section does not require any person or organization to obtain a9-42
charter or written approval if that person or organization is:10-1
(a) Publicly organized for the sole and limited purpose of supporting the10-2
candidacy of a particular candidate in a single election.10-3
(b) Chartered by a national political party or organization.10-4
(c) Chartered by a state central committee in Nevada.10-5
3. Any person who violates any provision of this section is guilty of a10-6
gross misdemeanor.10-7
4. As used in this section, "contribution" has the meaning ascribed10-8
to it in NRS 294A.007.10-9
Sec. 18. NRS 293B.150 is hereby amended to read as follows:10-10
293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on10-11
the day before the first day of early voting, the county or city clerk10-12
10-13
1. The mechanical recording device which directly records votes10-14
electronically10-15
2. The automatic tabulating equipment and programs , if any,10-16
to ascertain that the device or equipment and programs will correctly count10-17
the votes cast for all offices and on all measures.10-18
Sec. 19. NRS 293B.155 is hereby amended to read as follows: 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.16510-20
must be conducted by processing a preaudited group of logic and accuracy10-21
test ballots so punched, voted or marked as to record a predetermined10-22
number of valid votes for each candidate and on each measure, and must10-23
include for each office one or more ballots which have votes in excess of10-24
the number allowed by law in order to test the ability of the mechanical10-25
recording device or the automatic tabulating equipment and programs to10-26
reject those votes.10-27
2. If any error is detected, the cause therefor must be ascertained and10-28
corrected and an errorless count must be made before the mechanical10-29
recording device or the automatic tabulating equipment and programs are10-30
approved.10-31
3. When satisfied with the accuracy of the mechanical recording10-32
device or automatic tabulating equipment and computer program, the10-33
accuracy certification board and the county or city clerk shall date and sign10-34
all reports, and seal the program, if any, and the reports10-35
material in an appropriate container. The container must be kept sealed by10-36
the clerk.10-37
4. Except as otherwise provided in this subsection, the contents of such10-38
a sealed container are not subject to the inspection of anyone except in the10-39
case of a contested election, and then only by the judge, body or board10-40
before whom the election is being contested, or by the parties to the10-41
contest, jointly, pursuant to an order of that judge, body or board. For the10-42
period set forth in NRS 293.413 during which a candidate may file a11-1
statement of contest, the results of the test must be made available in the11-2
clerk’s office for public inspection.11-3
Sec. 20. NRS 293B.170 is hereby amended to read as follows: 293B.170 After the completion of the last logic and accuracy test, the11-5
programs used, if any, and the logic and accuracy test ballots and the11-6
official ballots shall be sealed, retained and disposed of in the manner11-7
provided in NRS 293.391 for other ballots.11-8
Sec. 21. NRS 293C.175 is hereby amended to read as follows: 293C.175 1. A primary city election must be held in each city of the11-10
first class, and in each city of the second class that has so provided by11-11
ordinance, on the first Tuesday after the first Monday in11-12
every year in which a general city election is to be held, at which time there11-13
must be nominated candidates for offices to be voted for at the next general11-14
city election.11-15
2. A candidate for any office to be voted for at the primary city11-16
election must file a declaration of candidacy with the city clerk not less11-17
than 60 days nor more than 70 days before the date of the primary city11-18
election. The city clerk shall charge and collect from the candidate and the11-19
candidate must pay to the city clerk, at the time of filing the declaration of11-20
candidacy, a filing fee in an amount fixed by the governing body of the city11-21
by ordinance or resolution. The filing fees collected by the city clerk must11-22
be deposited to the credit of the general fund of the city.11-23
3. All candidates, except as otherwise provided in NRS 266.220, must11-24
be voted upon by the electors of the city at large.11-25
4. If, in a primary city election held in a city of the first or second class,11-26
one candidate receives more than a majority of votes cast in that election11-27
for the office for which he is a candidate, his name alone must be placed on11-28
the ballot for the general city election. If, in the primary city election, no11-29
candidate receives a majority of votes cast in that election for the office for11-30
which he is a candidate, the names of the two candidates receiving the11-31
highest number of votes must be placed on the ballot for the general city11-32
election.11-33
Sec. 22. NRS 293C.190 is hereby amended to read as follows: 293C.190 1. A vacancy occurring in a nomination for a city office11-35
after the close of filing and before the first Tuesday after the first Monday11-36
in11-37
filled by filing a nominating petition that is signed by at least 1 percent of11-38
the persons who are registered to vote and who voted for that office at the11-39
last preceding general city election. The petition must be filed not earlier11-40
than 30 days before the date of the primary city election and not later than11-41
the third Tuesday after the third Monday in11-42
nominated pursuant to the provisions of this subsection may be elected only12-1
at a general city election and his name must not appear on the ballot for a12-2
primary city election.12-3
2. A vacancy occurring in a nomination for a city office after a primary12-4
city election and before the second Tuesday after the second Monday in12-5
12-6
for the nomination in the primary city election.12-7
3. Except to place a candidate nominated pursuant to subsection 1 on12-8
the ballot, no change may be made on the ballot after the second Tuesday12-9
after the second Monday in12-10
city election is held. If a nominee dies after that date, his name must remain12-11
on the ballot and, if elected, a vacancy exists.12-12
4. All designations provided for in this section must be filed before 512-13
p.m. on the second Tuesday after the second Monday in12-14
year in which the general city election is held. The filing fee must be paid12-15
and an acceptance of the designation must be filed before 5 p.m. on that12-16
date.12-17
Sec. 23. NRS 293C.195 is hereby amended to read as follows: 293C.195 A withdrawal of candidacy for a city office must be in12-19
writing and presented to the city clerk by the candidate in person within 212-20
days , excluding Saturdays, Sundays and holidays, after the last day for12-21
filing a declaration of candidacy or an acceptance of candidacy.12-22
Sec. 24. NRS 293C.345 is hereby amended to read as follows: 293C.345 The city clerk shall mail to each registered voter in each12-24
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.12-25
on the third Thursday in12-26
Tuesday in May of any year in which a general city election is held, an12-27
official mailing ballot to be voted by him at the election.12-28
Sec. 25. NRS 293C.370 is hereby amended to read as follows: 293C.370 1. Whenever a candidate whose name appears upon the12-30
ballot at a general city election dies after 5 p.m. of the third Tuesday after12-31
the third Monday in12-32
polls on the day of the election, the votes cast for the deceased candidate12-33
must be counted in determining the results of the election for the office for12-34
which the decedent was a candidate.12-35
2. If the deceased candidate receives the majority of the votes cast for12-36
the office, he shall be deemed elected and the office to which he was12-37
elected shall be deemed vacant at the beginning of the term for which he12-38
was elected. The vacancy created must be filled in the same manner as if12-39
the candidate had died after taking office for that term.12-40
Sec. 26. NRS 294A.120 is hereby amended to read as follows: 294A.120 1. Every candidate for state, district, county or township12-42
office at a primary or general election shall, not later than:13-1
(a) Seven days before the primary election, for the period from 30 days13-2
before the regular session of the legislature after the last election for that13-3
office up to 12 days before the primary election;13-4
(b) Seven days before the general election, whether or not the candidate13-5
won the primary election, for the period from 12 days before the primary13-6
election up to 12 days before the general election; and13-7
(c) The 15th day of the second month after the general election, for the13-8
remaining period up to 30 days before the next regular session of the13-9
legislature,13-10
report the total amount of his campaign contributions on forms designed13-11
and provided by the secretary of state and signed by the candidate under13-12
penalty of perjury.13-13
2. Except as otherwise provided in subsection 3, every candidate for a13-14
district office at a special election shall, not later than:13-15
(a) Seven days before the special election, for the period from his13-16
nomination up to 12 days before the special election; and13-17
(b) Thirty days after the special election, for the remaining period up to13-18
the special election,13-19
report the total amount of his campaign contributions on forms designed13-20
and provided by the secretary of state and signed by the candidate under13-21
penalty of perjury.13-22
3. Every candidate for state, district, county, municipal or township13-23
office at a special election to determine whether a public officer will be13-24
recalled shall report the total amount of his campaign contributions on13-25
forms designed and provided by the secretary of state and signed by the13-26
candidate under penalty of perjury, 30 days after13-27
(a) The special election, for the period from the filing of the notice of13-28
intent to circulate the petition for recall up to the special election13-29
(b) A district court determines that the petition for recall is legally13-30
insufficient pursuant to subsection 5 of NRS 306.040, for the period from13-31
the filing of the notice of intent to circulate the petition for recall up to13-32
the date of the district court’s decision.13-33
4. Reports of campaign contributions must be filed with the officer13-34
with whom the candidate filed the declaration of candidacy or acceptance13-35
of candidacy. A candidate may mail the report to that officer by certified13-36
mail. If certified mail is used, the date of mailing shall be deemed the date13-37
of filing.13-38
5. Every county clerk who receives from candidates for legislative or13-39
judicial office, except the office of justice of the peace or municipal judge,13-40
reports of campaign contributions pursuant to subsection 4 shall file a copy13-41
of each report with the secretary of state within 10 working days after he13-42
receives the report.14-1
6. Each contribution in excess of $100 and contributions which a14-2
contributor has made cumulatively in excess of that amount since the14-3
beginning of the first reporting period must be separately identified with the14-4
name and address of the contributor and the date of the contribution,14-5
tabulated and reported on the form provided by the secretary of state.14-6
Sec. 27. NRS 294A.125 is hereby amended to read as follows: 294A.125 1. In addition to complying with the requirements set forth14-8
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives14-9
contributions in any year before the year in which the general election or14-10
general city election in which the candidate intends to seek election to14-11
public office is held, shall,14-12
(a) The year in which he receives contributions in excess of $10,000,14-13
report the total contributions received14-14
year.14-15
(b) Each year after the year in which he received contributions in excess14-16
of $10,000, until the year of the general election or general city election in14-17
which the candidate intends to seek election to public office is held, report14-18
the contributions received and the expenditures made in that year.14-19
2. The reports required by subsection 1 must be submitted on a form14-20
designed and provided by the secretary of state and signed by the candidate14-21
under penalty of perjury.14-22
3. Each contribution in excess of $100 and contributions that a14-23
contributor has made cumulatively in excess of that amount must be14-24
separately identified with the name and address of the contributor and the14-25
date of the contribution, tabulated and reported on the form provided by the14-26
secretary of state. Each expenditure in excess of $100 and expenditures that14-27
the candidate made cumulatively in excess of that amount must be14-28
separately identified with the date of the expenditure, tabulated and14-29
reported on the form provided by the secretary of state.14-30
4. The report must be filed14-31
(a) With the officer with whom the candidate will file the declaration14-32
of candidacy or acceptance of candidacy for the public office the14-33
candidate intends to seek. A candidate may mail the report to that officer14-34
by certified mail. If certified mail is used, the date of mailing shall be14-35
deemed the date of filing.14-36
(b) On or before January 15 of the year immediately after the year for14-37
which the report is made.14-38
5. A county clerk who receives from a candidate for legislative or14-39
judicial office, except the office of justice of the peace or municipal14-40
judge, a report of contributions and expenditures pursuant to subsection14-41
4 shall file a copy of the report with the secretary of state within 1014-42
working days after he receives the report.15-1
Sec. 28. NRS 294A.180 is hereby amended to read as follows: 294A.180 1. Each candidate for a state, district, county, city or15-3
township office who is not elected to that office shall, not later than the15-4
15th day of the second month after his defeat, file a report with the15-5
secretary of state stating the amount of contributions which he received for15-6
that campaign but did not spend and the disposition of those unspent15-7
contributions.15-8
2. Each public officer who is elected to a state, district, county, city or15-9
township office shall file a report :15-10
(a) Not later than the 15th day of the second month after his election,15-11
stating the amount of campaign contributions which he received but did not15-12
spend and the amount, if any, of those unspent contributions disposed of15-13
pursuant to subsection 2 of NRS 294A.16015-14
month after his election;15-15
(b) Not later than January 15th of each year of his term beginning the15-16
year after he filed the report required by paragraph (a), stating the amount,15-17
if any, of those unspent contributions disposed of pursuant to NRS15-18
294A.160 during the period15-19
report through December 31 of the immediately preceding year and the15-20
manner in which they were disposed of; and15-21
(c) Not later than the 15th day of the second month after he no longer15-22
holds that office, stating the amount and disposition of any remaining15-23
unspent contributions.15-24
3. The reports required by subsections 1 and 2 must be submitted on a15-25
form designed and provided by the secretary of state and signed by the15-26
candidate or public officer under penalty of perjury.15-27
4. A public officer filing a report pursuant to subsection 2:15-28
(a) Shall file the report with the officer with whom he filed his15-29
declaration of candidacy or acceptance of candidacy.15-30
(b) May file the report by certified mail. If certified mail is used, the15-31
date of mailing shall be deemed the date of filing.15-32
5. A county clerk who receives from a legislative or judicial officer,15-33
other than a justice of the peace or municipal judge, a report pursuant to15-34
subsection 4 shall file a copy of the report with the secretary of state15-35
within 10 working days after he receives the report.15-36
Sec. 29. NRS 294A.200 is hereby amended to read as follows: 294A.200 1. Every candidate for state, district, county or township15-38
office at a primary or general election shall, not later than:15-39
(a) Seven days before the primary election, for the period from 30 days15-40
before the regular session of the legislature after the last election for that15-41
office up to 12 days before the primary election;16-1
(b) Seven days before the general election, whether or not the candidate16-2
won the primary election, for the period from 12 days before the primary16-3
election up to 12 days before the general election; and16-4
(c) The 15th day of the second month after the general election, for the16-5
remaining period up to 30 days before the next regular session of the16-6
legislature,16-7
report his campaign expenses on forms designed and provided by the16-8
secretary of state and signed by the candidate under penalty of perjury.16-9
2. Except as otherwise provided in subsection 3, every candidate for a16-10
district office at a special election shall, not later than:16-11
(a) Seven days before the special election, for the period from his16-12
nomination up to 12 days before the special election; and16-13
(b) Sixty days after the special election, for the remaining period up to16-14
30 days after the special election,16-15
report his campaign expenses on forms designed and provided by the16-16
secretary of state and signed by the candidate under penalty of perjury.16-17
3. Every candidate for state, district, county, municipal or township16-18
office at a special election to determine whether a public officer will be16-19
recalled shall report his campaign expenses on forms designed and16-20
provided by the secretary of state and signed by the candidate under penalty16-21
of perjury, 60 days after16-22
(a) The special election, for the period from the filing of the notice of16-23
intent to circulate the petition for recall up to 30 days after the special16-24
election16-25
(b) A district court determines that the petition for recall is legally16-26
insufficient pursuant to subsection 5 of NRS 306.040, for the period from16-27
the filing of the notice of intent to circulate the petition for recall up to16-28
the date of the district court’s decision.16-29
4. Reports of campaign expenses must be filed with the officer with16-30
whom the candidate filed the declaration of candidacy or acceptance of16-31
candidacy. A candidate may mail the report to that officer by certified mail.16-32
If certified mail is used, the date of mailing shall be deemed the date of16-33
filing.16-34
5. County clerks who receive from candidates for legislative or judicial16-35
office, except the office of justice of the peace or municipal judge, reports16-36
of campaign expenses pursuant to subsection 4 shall file a copy of each16-37
report with the secretary of state within 10 working days after he receives16-38
the report.16-39
Sec. 30. NRS 294A.350 is hereby amended to read as follows: 294A.350 1. Every candidate for state, district, county, municipal or16-41
township office shall file the reports of campaign contributions and16-42
expenses required by NRS 294A.120, 294A.200 and 294A.360, even16-43
though he:17-1
(a) Withdraws his candidacy;17-2
(b) Receives no campaign contributions;17-3
(c) Has no campaign expenses17-4
(d) Is removed from the ballot by court order; or17-5
(e) Is the subject of a petition to recall and the special election is not17-6
held.17-7
2. A candidate who withdraws his candidacy pursuant to NRS 293.20217-8
may file simultaneously all the reports of campaign contributions and17-9
expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as17-10
each report is filed on or before the last day for filing the respective report17-11
pursuant to NRS 294A.120, 294A.200 or 294A.360.17-12
Sec. 31. Chapter 295 of NRS is hereby amended by adding thereto a17-13
new section to read as follows:17-14
The legal sufficiency of a petition filed pursuant to NRS 295.015 to17-15
295.056, inclusive, and this section, may be challenged by filing a17-16
complaint in district court not later than 5 days, Saturdays, Sundays and17-17
holidays excluded, after the petition is filed with the secretary of state. All17-18
affidavits and documents in support of the challenge must be filed with17-19
the complaint. The court shall set the matter for hearing not later than17-20
30 days after the complaint is filed and shall give priority to such a17-21
complaint over all other matters pending with the court, except for17-22
criminal proceedings.17-23
Sec. 32. NRS 295.056 is hereby amended to read as follows: 295.056 1. Before a petition for initiative or referendum is filed with17-25
the secretary of state, the petitioners must submit to each county clerk for17-26
verification pursuant to NRS 293.1276 to 293.1279, inclusive, the17-27
document or documents which were circulated for signature within his17-28
county. The clerks shall give the person submitting a document or17-29
documents a receipt stating the number of documents and pages and the17-30
person’s statement of the number of signatures contained therein.17-31
2. If a petition for initiative proposes a statute or an amendment to a17-32
statute, the document or documents must be submitted not later than the17-33
second Tuesday in November of an even-numbered year.17-34
3. If a petition for initiative proposes an amendment to the constitution,17-35
the document or documents must be submitted not later than the third17-36
Tuesday in June of an even-numbered year.17-37
4. If the petition is for referendum, the document or documents must be17-38
submitted not later than the third Tuesday in May of an even-numbered17-39
year.17-40
5. All documents which are submitted to a county clerk for verification17-41
must be submitted at the same time.18-1
Sec. 33. NRS 298.020 is hereby amended to read as follows: 298.020 1. Each major political party in this state, qualified by law18-3
to place upon the general election ballot candidates for the office of18-4
President and Vice President of the United States in the year when they are18-5
to be elected, shall, at the state convention of the major political party held18-6
in that year, choose from the qualified electors, who are legally registered18-7
members of that political party, the number of presidential electors required18-8
by law and no more, who must be nominated by the delegates at the state18-9
convention. Upon the nomination thereof, the chairman and the secretary of18-10
the convention shall certify the names and addresses of the nominees to the18-11
secretary of state, who shall record the names in his office as the nominees18-12
of that political party for presidential elector.18-13
2. Each minor political party in this state, qualified by law to place18-14
upon the general election ballot candidates for the office of President and18-15
Vice President of the United States in the year when they are to be elected,18-16
shall choose from the qualified electors, the number of presidential electors18-17
required by law. The person who is authorized to file the list of candidates18-18
for partisan office of the minor political party with the secretary of state18-19
pursuant to NRS 293.1725 shall certify the names and addresses of the18-20
nominees to the secretary of state, who shall record the names in his office18-21
as the nominees of that political party for presidential elector.18-22
Sec. 34. NRS 298.109 is hereby amended to read as follows: 298.109 1. A person who desires to be an independent candidate for18-24
the office of President of the United States must, not later than 5 p.m. on18-25
the second Friday in August in each year in which a presidential election is18-26
to be held, pay a filing fee of $250 and file with the secretary of state a18-27
declaration of candidacy and a petition of candidacy, in which he must also18-28
designate his nominee for Vice President. The petition must be signed by a18-29
number of registered voters equal to not less than 1 percent of the total18-30
number of votes cast at the last preceding general election for candidates18-31
for the offices of Representative in Congress and must request that the18-32
names of the proposed candidates be placed on the ballot at the general18-33
election that year. The candidate shall file a copy of the petition he intends18-34
to circulate for signatures with the secretary of state.18-35
2. The petition may consist of more than one document. Each18-36
document must bear the name of a county and only registered voters of that18-37
county may sign the document. The documents which are circulated for18-38
signature in a county must be submitted to that county clerk for verification18-39
in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later18-40
than18-41
candidacy with the secretary of state18-42
person signing shall add to his signature the address of the place at which18-43
he resides, the date that he signs and the name of the county wherein he is19-1
registered to vote. Each document of the petition must also contain the19-2
affidavit of the person who circulated the document that all signatures19-3
thereon are genuine to the best of his knowledge and belief and were signed19-4
in his presence by persons registered to vote in that county.19-5
3. Each independent candidate so nominated for the office of President19-6
shall at the time of filing his petition as provided in subsection 1, or within19-7
10 days thereafter, file with the secretary of state his written designation of19-8
the names of the number of presidential electors then authorized by law,19-9
whom the independent candidate desires to act as his electors, all of whom19-10
must then be registered voters. Immediately following receipt of each19-11
candidate’s written designation of his nominees for electors, the secretary19-12
of state shall record them in his office as the nominees for presidential19-13
electors of that independent candidate.19-14
4. If the candidacy of any person who seeks to qualify pursuant to this19-15
section is challenged, all affidavits and documents in support of the19-16
challenge must be filed with the first judicial district court not later than 519-17
p.m. on the fourth Tuesday in August. Any judicial proceeding relating to19-18
the challenge must be set for hearing not later than 5 days after the fourth19-19
Tuesday in August.19-20
5. The county clerk shall not disqualify the signature of a voter who19-21
fails to provide all19-22
is registered in the county named on the document.19-23
Sec. 35. NRS 306.015 is hereby amended to read as follows: 306.015 1. Before a petition to recall a public officer is circulated,19-25
the persons proposing to circulate the petition must file a notice of intent19-26
with the filing officer .19-27
19-28
19-29
2. The notice of intent:19-30
(a) Must be signed by three registered voters who actually voted in19-31
this state or in the county, district or municipality electing the officer at the19-32
last preceding general election.19-33
(b) Must be signed before a person authorized by law to administer19-34
oaths that the statements and signatures contained in the notice are true.19-35
(c) Is valid until the date on which the call for a special election is19-36
issued, as set forth in NRS 306.040.19-37
3. The petition may consist of more than one document. The persons19-38
filing the notice of intent shall submit the petition that was circulated for19-39
signatures to the19-40
within 60 days after the date on which the notice of intent was filed. The19-41
filing officer shall immediately submit the petition to the county clerk for19-42
verification pursuant to NRS 306.035. Any person who fails to file the20-1
petition as required by this subsection is guilty of a misdemeanor. Copies of20-2
the petition are not valid for any subsequent petition.20-3
4. The county clerk shall, upon completing the verification of the20-4
signatures on the petition, file the petition with the filing officer .20-5
20-6
20-7
5. Any person who signs a petition to recall any public officer may20-8
remove his name from the petition by submitting a request in writing to the20-9
county clerk at any time before the petition is submitted for the verification20-10
of the signatures thereon pursuant to NRS 306.035.20-11
6. A person who signs a notice of intent pursuant to subsection 1 or a20-12
petition to recall a public officer is immune from civil liability for conduct20-13
related to the exercise of his right to participate in the recall of a public20-14
officer.20-15
7. As used in this section, "filing officer" means the officer with20-16
whom the public officer to be recalled filed his declaration of candidacy20-17
or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or20-18
293C.175.20-19
Sec. 36. NRS 306.035 is hereby amended to read as follows: 306.035 1. Before a petition to recall a state officer who is elected20-21
statewide is filed with the secretary of state20-22
20-23
20-24
inclusive, the document or documents which were circulated for signature20-25
within his county.20-26
2. Before a petition to recall a state senator, assemblyman, or a county,20-27
district or municipal officer is filed20-28
20-29
20-30
must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the20-31
document or documents which were circulated for signatures within his20-32
county.20-33
3. If more than one document was circulated, all the documents must20-34
be submitted to the clerk at the same time.20-35
Sec. 37. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a20-37
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,20-38
inclusive, the secretary of state shall notify the county clerk, the officer with20-39
whom the petition is to be filed pursuant to subsection 4 of NRS 306.01520-40
and the public officer who is the subject of the petition.20-41
2.20-42
than the date a complaint is filed pursuant to subsection 5 or the date the20-43
call for a special election is issued, whichever is earlier, a person who21-1
signs a petition to recall may request the secretary of state to strike his21-2
name from the petition .21-3
21-4
demonstrates good cause therefor, the secretary of state shall strike his21-5
name from the petition.21-6
3. Not sooner than 10 days nor more than 20 days after the secretary of21-7
state completes the notification required by subsection 1, if a complaint is21-8
not filed pursuant to subsection 5, the officer with whom the petition is21-9
filed shall issue a call for a special election in the jurisdiction in which the21-10
public officer who is the subject of the petition was elected to determine21-11
whether the people will recall him.21-12
4. The call for a special election pursuant to subsection 3 or 6 must21-13
include, without limitation:21-14
(a) The last day on which a person may register to vote to qualify to vote21-15
in the special election; and21-16
(b) The last day on which a petition to nominate other candidates for the21-17
office may be filed.21-18
21-19
a complaint in district court not later than 5 days, Saturdays ,21-20
and holidays excluded, after the secretary of state completes the21-21
notification required by subsection 1. All affidavits and documents in21-22
support of the challenge must be filed with the complaint. The court shall21-23
set the matter for hearing not later than 30 days after the complaint is filed21-24
and shall give priority to such a complaint over all other matters pending21-25
with the court, except for criminal proceedings.21-26
21-27
the petition is sufficient, it shall order the officer with whom the petition is21-28
filed to issue a call for a special election in the jurisdiction in which the21-29
public officer who is the subject of the petition was elected to determine21-30
whether the people will recall21-31
21-32
shall order the officer with whom the petition is filed to cease any further21-33
proceedings regarding the petition.21-34
Sec. 38. Section 96 of the charter of Boulder City is hereby amended21-35
to read as follows:21-36
Section 96. Conduct of city elections.21-37
1. All City elections21-38
and21-39
the general election laws of the State of Nevada and any ordinance21-40
regulations as adopted by the City Council which are consistent21-41
with law and this Charter. (1959 Charter)21-42
2. All full terms of office in the City Council21-43
years, and Councilmen22-1
regard to precinct residency. Two full-term Councilmen and the22-2
Mayor are to be elected in each year immediately preceding a22-3
Federal presidential election, and two full-term Councilmen are to22-4
be elected in each year immediately following a Federal presidential22-5
election. In each election, the candidates receiving the greatest22-6
number of votes22-7
term positions. (Add. 17; Amd. 1; 11-5-96)22-8
A. In the event one or more two-year term positions on the22-9
Council will be available at the time of a municipal election as22-10
provided in Section 12, candidates22-11
such position(s). Candidates receiving the greatest respective22-12
number of votes22-13
available two-year positions. (Add. 15; Amd. 2; 6-4-91)22-14
3. A city primary election22-15
Tuesday after the22-16
numbered year and a City general election22-17
the22-18
odd-numbered year.22-19
A.22-20
no more than double the number of Councilmen to be elected file as22-21
candidates.22-22
for the office of Mayor if no more than two candidates file for that22-23
position. The primary election22-24
of eliminating candidates in excess of a figure double the number of22-25
Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)22-26
B. If, in the primary City election, a candidate receives votes22-27
equal to a majority of voters casting ballots in that election, he shall22-28
be considered elected to one of the vacancies and his name shall not22-29
be placed on the ballot for the general City election. (Add. 10;22-30
Amd. 7; 6-2-81)22-31
C. In each primary and general election, voters shall be entitled22-32
to cast ballots for candidates in a number equal to the number of22-33
seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)22-34
Sec. 39. Section 5.010 of the charter of the city of Henderson, being22-35
chapter 266, Statutes of Nevada 1971, as last amended by Assembly Bill22-36
No. 444 of this session, is hereby amended to read as follows:22-37
Sec. 5.010 Primary election.22-38
1. A primary election must be held on the Tuesday after the22-39
first Monday in22-40
time there must be nominated candidates for offices to be voted for22-41
at the next general municipal election.23-1
2. A candidate for any office to be voted for at any primary23-2
municipal election must file a declaration of candidacy as provided23-3
by the election laws of this state.23-4
3. All candidates for elective office must be voted upon by the23-5
registered voters of the city at large.23-6
4. If in the primary election no candidate receives a majority of23-7
votes cast in that election for the office for which he is a candidate,23-8
the names of the two candidates receiving the highest number of23-9
votes must be placed on the ballot for the general election. If in the23-10
primary election, regardless of the number of candidates for an23-11
office, one candidate receives a majority of votes cast in that23-12
election for the office for which he is a candidate, he must be23-13
declared elected and no general election need be held for that23-14
office.23-15
Sec. 40. Section 5.010 of the charter of the city of Las Vegas, being23-16
chapter 517, Statutes of Nevada 1983, as last amended by Senate Bill No.23-17
274 of this session, is hereby amended to read as follows:23-18
Sec. 5.010 Primary municipal elections.23-19
1. On the Tuesday after the first Monday in23-20
and at each successive interval of 4 years, a primary municipal23-21
election must be held in the city at which time candidates for half of23-22
the offices of councilman and for municipal judge, department 2,23-23
must be nominated.23-24
2. On the Tuesday after the first Monday in23-25
and at each successive interval of 4 years, a primary municipal23-26
election must be held in the city at which time candidates for mayor,23-27
for the other half of the offices of councilman and for municipal23-28
judge, department 1, must be nominated.23-29
3. The candidates for councilman who are to be nominated as23-30
provided in subsections 1 and 2 must be nominated and voted for23-31
separately according to the respective wards. The candidates from23-32
each even-numbered ward must be nominated as provided in23-33
subsection 1, and the candidates from each odd-numbered ward23-34
must be nominated as provided in subsection 2.23-35
4. If the city council has established an additional department23-36
or departments of the municipal court pursuant to section 4.010 of23-37
this charter, and, as a result, more than one office of municipal23-38
judge is to be filled at any election, the candidates for those offices23-39
must be nominated and voted upon separately according to the23-40
respective departments.23-41
5. Each candidate for the municipal offices which are provided23-42
for in subsections 1, 2 and 4 must file a declaration of candidacy24-1
with the city clerk. All filing fees collected by the city clerk must be24-2
paid into the city treasury.24-3
6. If, in the primary election, regardless of the number of24-4
candidates for an office, one candidate receives a majority of votes24-5
which are cast in that election for the office for which he is a24-6
candidate, he must be declared elected for the term which24-7
commences on the day of the first regular meeting of the city24-8
council next succeeding the meeting at which the canvass of the24-9
returns is made, and no general election need be held for that office.24-10
If, in the primary election, no candidate receives a majority of votes24-11
which are cast in that election for the office for which he is a24-12
candidate, the names of the two candidates who receive the highest24-13
number of votes must be placed on the ballot for the general24-14
election.24-15
Sec. 41. Section 5.020 of the charter of the city of North Las Vegas,24-16
being chapter 573, Statutes of Nevada 1971, as last amended by chapter24-17
215, Statutes of Nevada 1997, at page 748, is hereby amended to read as24-18
follows:24-19
Sec. 5.020 Primary municipal elections; declaration of24-20
candidacy.24-21
1. The city council shall provide by ordinance for candidates24-22
for elective office to declare their candidacy and file the necessary24-23
documents.24-24
2. If for any general municipal election there are three or more24-25
candidates for the offices of mayor or municipal judge, or five or24-26
more candidates for the office of councilman, a primary election for24-27
any such office must be held on the Tuesday following the first24-28
Monday in24-29
3. Except as otherwise provided in subsections 4 and 5, after24-30
the primary election, the names of the two candidates for mayor and24-31
municipal judge and the names of the four candidates for city24-32
councilman who receive the highest number of votes must be placed24-33
on the ballot for the general election.24-34
4. If one of the candidates for mayor or municipal judge24-35
receives a majority of the total votes cast for that office in the24-36
primary election, he shall be declared elected to office and his name24-37
must not appear on the ballot for the general election.24-38
5. If a candidate for city council receives votes equal to a24-39
majority of voters casting ballots in the primary election:24-40
(a) He shall be declared elected to one of the open seats on the24-41
city council and his name must not appear on the ballot for the24-42
general election.25-1
(b) Unless all the open seats were filled pursuant to paragraph25-2
(a), the names of those candidates who received the highest number25-3
of votes but did not receive a number of votes equal to a majority of25-4
the voters casting ballots in the primary election, not to exceed25-5
twice the number of candidates remaining to be elected, must be25-6
placed on the ballot for the general election.25-7
Sec. 42. Section 5.020 of the charter of the city of Sparks, being25-8
chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,25-9
Statutes of Nevada 1997, at page 3482, is hereby amended to read as25-10
follows:25-11
Sec. 5.020 Primary municipal elections: Declaration of25-12
candidacy.25-13
1. If for any general municipal election there are three or more25-14
candidates for the offices of mayor, city attorney or municipal judge25-15
or three or more candidates from each ward to represent the ward as25-16
a member of the city council, a primary election for that office must25-17
be held on the first Tuesday after the first Monday in25-18
preceding the general election.25-19
2. Candidates for the offices of mayor, city attorney and25-20
municipal judge must be voted upon by the registered voters of the25-21
city at large. Candidates to represent a ward as a member of the city25-22
council must be voted upon by the registered voters of the ward to25-23
be represented by them.25-24
3. The names of the two candidates for mayor, city attorney and25-25
municipal judge and the names of the two candidates to represent25-26
the ward as a member of the city council from each ward who25-27
receive the highest number of votes at the primary election must be25-28
placed on the ballot for the general election.25-29
Sec. 43. The amendatory provisions of this act do not apply to conduct25-30
that occurred before October 1, 1999.~