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
primary 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 a candidate for partisan office for a minor political4-32
party other than a candidate for the office of President or Vice President of4-33
the United States must be placed on the ballot for the general election if the4-34
party has filed:4-35
(a) A certificate of existence;4-36
(b) A list of candidates for partisan office containing the name of the4-37
candidate pursuant to the provisions of NRS 293.1725 with the secretary of4-38
state; and4-39
(c) Not earlier than the first Monday in May preceding the general4-40
election and not later than 5 p.m. on the third Monday in May, a petition on4-41
behalf of the candidate with the secretary of state containing not less than:4-42
(1) Two hundred fifty signatures of registered voters if the candidate4-43
is to be nominated for a statewide office; or5-1
(2) One hundred signatures of registered voters if the candidate is to5-2
be nominated for any office except a statewide office.5-3
A minor political party that places names of one or more candidates for5-4
partisan office on the ballot pursuant to this subsection may also place the5-5
names of one or more candidates for partisan office on the ballot pursuant5-6
to subsection 2.5-7
4. The name of only one candidate of each minor political party for5-8
each partisan office may appear on the ballot for a general election.5-9
5. A minor political party must file a copy of the petition required by5-10
paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the5-11
secretary of state before the petition may be circulated for signatures.5-12
Sec. 7. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to subsection 2 or 3 of NRS5-14
293.1715 may consist of more than one document. Each document of the5-15
petition must:5-16
(a) Bear the name of the minor political party and, if applicable, the5-17
candidate and office to which the candidate is to be nominated.5-18
(b) Include the affidavit of the person who circulated the document5-19
verifying that the signers are registered voters in5-20
to his best information and belief and that the signatures are genuine and5-21
were signed in his presence.5-22
(c) Bear the name of a county and be5-23
county clerk of that county for verification in the manner prescribed in5-24
NRS 293.1276 to 293.1279, inclusive, not later than 25 working days5-25
before the last day to file the petition .5-26
5-27
a document must be made in a district court in the county that is named on5-28
the document.5-29
(d) Be signed only by registered voters of the county that is named on5-30
the document.5-31
2. If the office to which the candidate is to be nominated is a county5-32
office, only the registered voters of that county may sign the petition. If the5-33
office to which the candidate is to be nominated is a district office, only the5-34
registered voters of that district may sign the petition.5-35
3. Each person who signs a petition shall also provide the address of5-36
the place where he resides, the date that he signs and the name of the5-37
county in which he is registered to vote.5-38
4. The county clerk shall not disqualify the signature of a voter who5-39
failed to provide all5-40
voter is registered in the county that is named on the document.6-1
Sec. 8. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor6-3
political party that wishes to place its candidates for partisan office on the6-4
ballot for a general election and:6-5
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of6-6
NRS 293.1715;6-7
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS6-8
293.1715; or6-9
(c) Whose candidates are entitled to appear on the ballot pursuant to6-10
subsection 3 of NRS 293.1715,6-11
must file with the secretary of state a list of its candidates for partisan6-12
office not earlier than the first Monday in May preceding the election nor6-13
later than 5 p.m. on the third Monday in May. The list must be signed by6-14
the person so authorized in the certificate of existence of the minor political6-15
party before a notary public or other person authorized to take6-16
acknowledgments. The secretary of state shall strike from the list each6-17
candidate who is not entitled to appear on the ballot pursuant to subsection6-18
3 of NRS 293.1715 if the minor political party is not entitled to place6-19
candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list6-20
must not be amended after it is filed.6-21
2. The secretary of state shall immediately forward a certified copy of6-22
the list of candidates for partisan office of each minor political party to the6-23
filing officer with whom each candidate must file his declaration of6-24
candidacy.6-25
3. Each candidate on the list must file his declaration of candidacy with6-26
the6-27
293.193 not earlier than the date on which the list of candidates for6-28
partisan office of his minor political party is filed with the secretary of6-29
state nor later than 5 p.m. on the third Monday in May.6-30
4. A minor political party that wishes to place candidates for the offices6-31
of President and Vice President of the United States on the ballot and has6-32
qualified to place the names of its candidates for partisan office on the6-33
ballot for the general election pursuant to subsection 2 of NRS 293.17156-34
must file with the secretary of state a certificate of nomination for these6-35
offices not later than the first Tuesday in September.6-36
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 of6-38
September in each even-numbered year.6-39
2. Candidates for partisan office of a major political party and6-40
candidates for nonpartisan6-41
primary election.7-1
3. Candidates for partisan office of a minor political party must be7-2
nominated in the manner prescribed pursuant to NRS 293.171 to 293.174,7-3
inclusive.7-4
4. Independent candidates for partisan office must be nominated in the7-5
manner provided in NRS 293.200.7-6
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply7-7
to:7-8
(a) Special elections to fill vacancies.7-9
(b) The nomination of the officers of incorporated cities.7-10
(c) The nomination of district officers whose nomination is otherwise7-11
provided for by statute.7-12
Sec. 10. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person7-14
may be a candidate for partisan office in any election if he has changed:7-15
(a) The designation of his political party affiliation; or7-16
(b) His designation of political party from nonpartisan to a designation7-17
of a political party affiliation,7-18
on an application to register to vote in the State of Nevada or in any other7-19
state7-20
preceding the closing filing date for7-21
date of that election7-22
effective at the time of the change in party designation.7-23
2. The provisions of subsection 1 do not apply to any person who is a7-24
candidate of a political party that was not qualified pursuant to NRS7-25
293.171 on the September 1 next preceding the closing filing date for the7-26
election.7-27
Sec. 11. NRS 293.187 is hereby amended to read as follows: 293.187 1.7-29
secretary of state shall forward to each county clerk a certified list7-30
containing the name and mailing address of each person for whom7-31
candidacy papers have been filed in the office of the secretary of state, and7-32
who is entitled to be voted for in the county at the next succeeding primary7-33
election, together with the title of the office for which the person is a7-34
candidate and the party or principles he represents. The secretary of state7-35
shall forward the certified list not later than 5 working days after the last7-36
day upon which any candidate on the list may withdraw his candidacy7-37
pursuant to NRS 293.202.7-38
2. There must be a party designation only for candidates for partisan7-39
offices.7-40
Sec. 12. NRS 293.197 is hereby amended to read as follows: 293.197 1. In any judicial district that has more than one district7-42
judge, each department is a separate office for the purposes of nominating7-43
and electing the district judge of that department.8-1
2. In any judicial district that includes a county whose population is8-2
100,000 or more:8-3
(a) The departments of the family division of the district court must be8-4
denoted as such on all ballots and sample ballots, using the words "district8-5
court judge, family division, department . . . ." Each such department must8-6
be separately designated .8-7
8-8
(b) The remaining departments of the district court must be denoted as8-9
such on all ballots and sample ballots, using the words "district court judge,8-10
department . . . ." Each such department must be designated with a numeral,8-11
beginning with "1" and continuing in sequence for each department.8-12
Sec. 13. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file8-14
with the8-15
(a) A copy of the petition of candidacy that he intends to circulate for8-16
signatures. The copy must be filed not earlier than the January 28-17
preceding the date of the election and not later than 25 working days8-18
before the last day to file the petition pursuant to subsection 4. The copy8-19
must also be filed before the petition may be circulated.8-20
(b) Either of the following:8-21
(1) A petition of candidacy signed by a number of registered voters8-22
equal to at least 1 percent of the total number of ballots cast in8-23
state or in the county or district electing that officer at the last preceding8-24
general election in which a person was elected to that office.8-25
(2) A petition of candidacy signed by 250 registered voters if the8-26
candidate is a candidate for statewide office, or signed by 100 registered8-27
voters if the candidate is a candidate for any office other than a statewide8-28
office.8-29
2. The petition may consist of more than one document. Each8-30
document must bear the name of the county in which it was circulated and8-31
only registered voters of that county may sign the document.8-32
8-33
the office is8-34
8-35
document. The documents that are circulated for signature in a county must8-36
be8-37
manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than8-38
25 working days before the last day to file the petition8-39
subsection 4. Each8-40
signature the address of the place at which he actually resides, the date that8-41
he signs the petition and the name of the county where he is registered to8-42
vote .8-43
person who circulates each document of the petition shall sign an affidavit9-1
attesting that the signatures on the document are genuine to the best of his9-2
knowledge and belief and were signed in his presence by persons registered9-3
to vote in that county.9-4
3. The petition of candidacy may state the principle, if any, which the9-5
person qualified represents.9-6
4. Petitions of candidacy must be filed not earlier than the first Monday9-7
in May preceding the general election and not later than 5 p.m. on the third9-8
Monday in May.9-9
5. No petition of candidacy may contain the name of more than one9-10
candidate for each office to be filled.9-11
6. A person may not file as an independent candidate if he is proposing9-12
to run as the candidate of a political party.9-13
7. The names of independent candidates must be placed on the general9-14
election ballot and must not appear on the primary election ballot.9-15
8. If the candidacy of any person seeking to qualify pursuant to this9-16
section is challenged, all affidavits and documents in support of the9-17
challenge must be filed not later than 5 p.m. on the fourth Monday in May.9-18
Any judicial proceeding resulting from the challenge must be set for9-19
hearing not more than 5 days after the fourth Monday in May.9-20
9. Any challenge pursuant to subsection 8 must be filed with:9-21
(a) The first judicial district court if the petition of candidacy was filed9-22
with the secretary of state.9-23
(b) The district court for the county where the petition of candidacy was9-24
filed if the petition was filed with a county clerk.9-25
10. An independent candidate for partisan office must file a declaration9-26
of candidacy with the9-27
required by NRS 293.193 not earlier than the first Monday in May of the9-28
year in which the election is held nor later than 5 p.m. on the third Monday9-29
in May.9-30
Sec. 14. NRS 293.202 is hereby amended to read as follows: 293.202 A withdrawal of candidacy for office must be in writing and9-32
must be presented by the candidate in person, within 7 days , excluding9-33
Saturdays, Sundays and holidays, after the last day for filing, to the officer9-34
whose duty it is to receive filings for candidacy for that office.9-35
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 shall9-37
count in public the returns for early voting.9-38
2. The returns for early voting must not be reported until after the polls9-39
have closed on election day.9-40
3. The returns for early voting9-41
the regular votes of the precinct, unless reporting the returns separately9-42
would violate the secrecy of the voter’s ballot.10-1
4. The county clerk shall develop a procedure to ensure that each ballot10-2
is kept secret.10-3
5. Any person who disseminates to the public information relating to10-4
the count of returns for early voting before the polls close is guilty of a10-5
gross misdemeanor.10-6
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 districts10-8
in any county have been received by the board of county commissioners,10-9
the board shall meet and canvass the returns. The canvass must be10-10
completed on or before the fifth working day following the election.10-11
2. In making its canvass, the board shall:10-12
(a) Note separately any clerical errors discovered; and10-13
(b) Take account of the changes resulting from the discovery, so that the10-14
result declared represents the true vote cast.10-15
3. The county clerk shall, as soon as the result is declared, enter upon10-16
the records of the board an abstract of the result, which must contain the10-17
number of votes cast for each candidate. The board, after making the10-18
abstract, shall cause the county clerk to certify the abstract and, by an order10-19
made and entered in the minutes of its proceedings, to make:10-20
(a) A copy of the certified abstract; and10-21
(b) A mechanized report of the abstract in compliance with regulations10-22
adopted by the secretary of state,10-23
and transmit them to the secretary of state10-24
working days after10-25
4. The secretary of state shall, immediately after any primary election,10-26
compile the returns for all candidates voted for in more than one county. He10-27
shall make out and file in his office an abstract thereof, and shall certify to10-28
the county clerk of each county the name of each person nominated, and the10-29
name of the office for which he is nominated.10-30
Sec. 17. NRS 293.820 is hereby amended to read as follows: 293.820 1. It is unlawful for any person to solicit10-32
contribution for any organization the title of which incorporates the name,10-33
or any form of the name, of any political party in this state without first10-34
having obtained written approval therefor, or a charter for that10-35
organization, from the central or executive committee of that political party10-36
the name of which is being used or incorporated in the title of that10-37
organization for the county in which the money is being solicited.10-38
2. This section does not require any person or organization to obtain a10-39
charter or written approval if that person or organization is:10-40
(a) Publicly organized for the sole and limited purpose of supporting the10-41
candidacy of a particular candidate in a single election.11-1
(b) Chartered by a national political party or organization.11-2
(c) Chartered by a state central committee in Nevada.11-3
3. Any person who violates any provision of this section is guilty of a11-4
gross misdemeanor.11-5
4. As used in this section, "contribution" has the meaning ascribed11-6
to it in NRS 294A.007.11-7
Sec. 18. NRS 293B.150 is hereby amended to read as follows:11-8
293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on11-9
the day before the first day of early voting, the county or city clerk11-10
11-11
1. The mechanical recording device which directly records votes11-12
electronically11-13
2. The automatic tabulating equipment and programs , if any,11-14
to ascertain that the device or equipment and programs will correctly count11-15
the votes cast for all offices and on all measures.11-16
Sec. 19. NRS 293B.155 is hereby amended to read as follows: 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.16511-18
must be conducted by processing a preaudited group of logic and accuracy11-19
test ballots so punched, voted or marked as to record a predetermined11-20
number of valid votes for each candidate and on each measure, and must11-21
include for each office one or more ballots which have votes in excess of11-22
the number allowed by law in order to test the ability of the mechanical11-23
recording device or the automatic tabulating equipment and programs to11-24
reject those votes.11-25
2. If any error is detected, the cause therefor must be ascertained and11-26
corrected and an errorless count must be made before the mechanical11-27
recording device or the automatic tabulating equipment and programs are11-28
approved.11-29
3. When satisfied with the accuracy of the mechanical recording11-30
device or automatic tabulating equipment and computer program, the11-31
accuracy certification board and the county or city clerk shall date and sign11-32
all reports, and seal the program, if any, and the reports11-33
material in an appropriate container. The container must be kept sealed by11-34
the clerk.11-35
4. Except as otherwise provided in this subsection, the contents of such11-36
a sealed container are not subject to the inspection of anyone except in the11-37
case of a contested election, and then only by the judge, body or board11-38
before whom the election is being contested, or by the parties to the11-39
contest, jointly, pursuant to an order of that judge, body or board. For the11-40
period set forth in NRS 293.413 during which a candidate may file a11-41
statement of contest, the results of the test must be made available in the11-42
clerk’s office for public inspection.12-1
Sec. 20. NRS 293B.170 is hereby amended to read as follows: 293B.170 After the completion of the last logic and accuracy test, the12-3
programs used, if any, and the logic and accuracy test ballots and the12-4
official ballots shall be sealed, retained and disposed of in the manner12-5
provided in NRS 293.391 for other ballots.12-6
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 the12-8
first class, and in each city of the second class that has so provided by12-9
ordinance, on the first Tuesday after the first Monday in12-10
every year in which a general city election is to be held, at which time there12-11
must be nominated candidates for offices to be voted for at the next general12-12
city election.12-13
2. A candidate for any office to be voted for at the primary city12-14
election must file a declaration of candidacy with the city clerk not less12-15
than 60 days nor more than 70 days before the date of the primary city12-16
election. The city clerk shall charge and collect from the candidate and the12-17
candidate must pay to the city clerk, at the time of filing the declaration of12-18
candidacy, a filing fee in an amount fixed by the governing body of the city12-19
by ordinance or resolution. The filing fees collected by the city clerk must12-20
be deposited to the credit of the general fund of the city.12-21
3. All candidates, except as otherwise provided in NRS 266.220, must12-22
be voted upon by the electors of the city at large.12-23
4. If, in a primary city election held in a city of the first or second class,12-24
one candidate receives more than a majority of votes cast in that election12-25
for the office for which he is a candidate, his name alone must be placed on12-26
the ballot for the general city election. If, in the primary city election, no12-27
candidate receives a majority of votes cast in that election for the office for12-28
which he is a candidate, the names of the two candidates receiving the12-29
highest number of votes must be placed on the ballot for the general city12-30
election.12-31
Sec. 22. NRS 293C.190 is hereby amended to read as follows: 293C.190 1. A vacancy occurring in a nomination for a city office12-33
after the close of filing and before the first Tuesday after the first Monday12-34
in12-35
filled by filing a nominating petition that is signed by at least 1 percent of12-36
the persons who are registered to vote and who voted for that office at the12-37
last preceding general city election. The petition must be filed not earlier12-38
than 30 days before the date of the primary city election and not later than12-39
the third Tuesday after the third Monday in12-40
nominated pursuant to the provisions of this subsection may be elected only12-41
at a general city election and his name must not appear on the ballot for a12-42
primary city election.13-1
2. A vacancy occurring in a nomination for a city office after a primary13-2
city election and before the second Tuesday after the second Monday in13-3
13-4
for the nomination in the primary city election.13-5
3. Except to place a candidate nominated pursuant to subsection 1 on13-6
the ballot, no change may be made on the ballot after the second Tuesday13-7
after the second Monday in13-8
city election is held. If a nominee dies after that date, his name must remain13-9
on the ballot and, if elected, a vacancy exists.13-10
4. All designations provided for in this section must be filed before 513-11
p.m. on the second Tuesday after the second Monday in13-12
year in which the general city election is held. The filing fee must be paid13-13
and an acceptance of the designation must be filed before 5 p.m. on that13-14
date.13-15
Sec. 23. NRS 293C.195 is hereby amended to read as follows: 293C.195 A withdrawal of candidacy for a city office must be in13-17
writing and presented to the city clerk by the candidate in person within 213-18
days , excluding Saturdays, Sundays and holidays, after the last day for13-19
filing a declaration of candidacy or an acceptance of candidacy.13-20
Sec. 24. NRS 293C.345 is hereby amended to read as follows: 293C.345 The city clerk shall mail to each registered voter in each13-22
mailing precinct and in each absent ballot mailing precinct, before 5 p.m.13-23
on the third Thursday in13-24
Tuesday in May of any year in which a general city election is held, an13-25
official mailing ballot to be voted by him at the election.13-26
Sec. 25. NRS 293C.370 is hereby amended to read as follows: 293C.370 1. Whenever a candidate whose name appears upon the13-28
ballot at a general city election dies after 5 p.m. of the third Tuesday after13-29
the third Monday in13-30
polls on the day of the election, the votes cast for the deceased candidate13-31
must be counted in determining the results of the election for the office for13-32
which the decedent was a candidate.13-33
2. If the deceased candidate receives the majority of the votes cast for13-34
the office, he shall be deemed elected and the office to which he was13-35
elected shall be deemed vacant at the beginning of the term for which he13-36
was elected. The vacancy created must be filled in the same manner as if13-37
the candidate had died after taking office for that term.13-38
Sec. 26. NRS 294A.120 is hereby amended to read as follows: 294A.120 1. Every candidate for state, district, county or township13-40
office at a primary or general election shall, not later than:13-41
(a) Seven days before the primary election, for the period from 30 days13-42
before the regular session of the legislature after the last election for that13-43
office up to 12 days before the primary election;14-1
(b) Seven days before the general election, whether or not the candidate14-2
won the primary election, for the period from 12 days before the primary14-3
election up to 12 days before the general election; and14-4
(c) The 15th day of the second month after the general election, for the14-5
remaining period up to 30 days before the next regular session of the14-6
legislature,14-7
report the total amount of his campaign contributions on forms designed14-8
and provided by the secretary of state and signed by the candidate under14-9
penalty of perjury.14-10
2. Except as otherwise provided in subsection 3, every candidate for a14-11
district office at a special election shall, not later than:14-12
(a) Seven days before the special election, for the period from his14-13
nomination up to 12 days before the special election; and14-14
(b) Thirty days after the special election, for the remaining period up to14-15
the special election,14-16
report the total amount of his campaign contributions on forms designed14-17
and provided by the secretary of state and signed by the candidate under14-18
penalty of perjury.14-19
3. Every candidate for state, district, county, municipal or township14-20
office at a special election to determine whether a public officer will be14-21
recalled shall report the total amount of his campaign contributions on14-22
forms designed and provided by the secretary of state and signed by the14-23
candidate under penalty of perjury, 30 days after14-24
(a) The special election, for the period from the filing of the notice of14-25
intent to circulate the petition for recall up to the special election14-26
(b) A district court determines that the petition for recall is legally14-27
insufficient pursuant to subsection 5 of NRS 306.040, for the period from14-28
the filing of the notice of intent to circulate the petition for recall up to14-29
the date of the district court’s decision.14-30
4. Reports of campaign contributions must be filed with the officer14-31
with whom the candidate filed the declaration of candidacy or acceptance14-32
of candidacy. A candidate may mail the report to that officer by certified14-33
mail. If certified mail is used, the date of mailing shall be deemed the date14-34
of filing.14-35
5. Every county clerk who receives from candidates for legislative or14-36
judicial office, except the office of justice of the peace or municipal judge,14-37
reports of campaign contributions pursuant to subsection 4 shall file a copy14-38
of each report with the secretary of state within 10 working days after he14-39
receives the report.15-1
6. Each contribution in excess of $100 and contributions which a15-2
contributor has made cumulatively in excess of that amount since the15-3
beginning of the first reporting period must be separately identified with the15-4
name and address of the contributor and the date of the contribution,15-5
tabulated and reported on the form provided by the secretary of state.15-6
Sec. 27. NRS 294A.125 is hereby amended to read as follows: 294A.125 1. In addition to complying with the requirements set forth15-8
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives15-9
contributions in any year before the year in which the general election or15-10
general city election in which the candidate intends to seek election to15-11
public office is held, shall,15-12
(a) The year in which he receives contributions in excess of $10,000,15-13
report the total contributions received15-14
year.15-15
(b) Each year after the year in which he received contributions in excess15-16
of $10,000, until the year of the general election or general city election in15-17
which the candidate intends to seek election to public office is held, report15-18
the contributions received and the expenditures made in that year.15-19
2. The reports required by subsection 1 must be submitted on a form15-20
designed and provided by the secretary of state and signed by the candidate15-21
under penalty of perjury.15-22
3. Each contribution in excess of $100 and contributions that a15-23
contributor has made cumulatively in excess of that amount must be15-24
separately identified with the name and address of the contributor and the15-25
date of the contribution, tabulated and reported on the form provided by the15-26
secretary of state. Each expenditure in excess of $100 and expenditures that15-27
the candidate made cumulatively in excess of that amount must be15-28
separately identified with the date of the expenditure, tabulated and15-29
reported on the form provided by the secretary of state.15-30
4. The report must be filed15-31
(a) With the officer with whom the candidate will file the declaration15-32
of candidacy or acceptance of candidacy for the public office the15-33
candidate intends to seek. A candidate may mail the report to that officer15-34
by certified mail. If certified mail is used, the date of mailing shall be15-35
deemed the date of filing.15-36
(b) On or before January 15 of the year immediately after the year for15-37
which the report is made.15-38
5. A county clerk who receives from a candidate for legislative or15-39
judicial office, except the office of justice of the peace or municipal15-40
judge, a report of contributions and expenditures pursuant to subsection15-41
4 shall file a copy of the report with the secretary of state within 1015-42
working days after he receives the report.16-1
Sec. 28. NRS 294A.180 is hereby amended to read as follows: 294A.180 1. Each candidate for a state, district, county, city or16-3
township office who is not elected to that office shall, not later than the16-4
15th day of the second month after his defeat, file a report with the16-5
secretary of state stating the amount of contributions which he received for16-6
that campaign but did not spend and the disposition of those unspent16-7
contributions.16-8
2. Each public officer who is elected to a state, district, county, city or16-9
township office shall file a report :16-10
(a) Not later than the 15th day of the second month after his election,16-11
stating the amount of campaign contributions which he received but did not16-12
spend and the amount, if any, of those unspent contributions disposed of16-13
pursuant to subsection 2 of NRS 294A.16016-14
month after his election;16-15
(b) Not later than January 15th of each year of his term beginning the16-16
year after he filed the report required by paragraph (a), stating the amount,16-17
if any, of those unspent contributions disposed of pursuant to NRS16-18
294A.160 during the period16-19
report through December 31 of the immediately preceding year and the16-20
manner in which they were disposed of; and16-21
(c) Not later than the 15th day of the second month after he no longer16-22
holds that office, stating the amount and disposition of any remaining16-23
unspent contributions.16-24
3. The reports required by subsections 1 and 2 must be submitted on a16-25
form designed and provided by the secretary of state and signed by the16-26
candidate or public officer under penalty of perjury.16-27
4. A public officer filing a report pursuant to subsection 2:16-28
(a) Shall file the report with the officer with whom he filed his16-29
declaration of candidacy or acceptance of candidacy.16-30
(b) May file the report by certified mail. If certified mail is used, the16-31
date of mailing shall be deemed the date of filing.16-32
5. A county clerk who receives from a legislative or judicial officer,16-33
other than a justice of the peace or municipal judge, a report pursuant to16-34
subsection 4 shall file a copy of the report with the secretary of state16-35
within 10 working days after he receives the report.16-36
Sec. 29. NRS 294A.200 is hereby amended to read as follows: 294A.200 1. Every candidate for state, district, county or township16-38
office at a primary or general election shall, not later than:16-39
(a) Seven days before the primary election, for the period from 30 days16-40
before the regular session of the legislature after the last election for that16-41
office up to 12 days before the primary election;17-1
(b) Seven days before the general election, whether or not the candidate17-2
won the primary election, for the period from 12 days before the primary17-3
election up to 12 days before the general election; and17-4
(c) The 15th day of the second month after the general election, for the17-5
remaining period up to 30 days before the next regular session of the17-6
legislature,17-7
report his campaign expenses on forms designed and provided by the17-8
secretary of state and signed by the candidate under penalty of perjury.17-9
2. Except as otherwise provided in subsection 3, every candidate for a17-10
district office at a special election shall, not later than:17-11
(a) Seven days before the special election, for the period from his17-12
nomination up to 12 days before the special election; and17-13
(b) Sixty days after the special election, for the remaining period up to17-14
30 days after the special election,17-15
report his campaign expenses on forms designed and provided by the17-16
secretary of state and signed by the candidate under penalty of perjury.17-17
3. Every candidate for state, district, county, municipal or township17-18
office at a special election to determine whether a public officer will be17-19
recalled shall report his campaign expenses on forms designed and17-20
provided by the secretary of state and signed by the candidate under penalty17-21
of perjury, 60 days after17-22
(a) The special election, for the period from the filing of the notice of17-23
intent to circulate the petition for recall up to 30 days after the special17-24
election17-25
(b) A district court determines that the petition for recall is legally17-26
insufficient pursuant to subsection 5 of NRS 306.040, for the period from17-27
the filing of the notice of intent to circulate the petition for recall up to17-28
the date of the district court’s decision.17-29
4. Reports of campaign expenses must be filed with the officer with17-30
whom the candidate filed the declaration of candidacy or acceptance of17-31
candidacy. A candidate may mail the report to that officer by certified mail.17-32
If certified mail is used, the date of mailing shall be deemed the date of17-33
filing.17-34
5. County clerks who receive from candidates for legislative or judicial17-35
office, except the office of justice of the peace or municipal judge, reports17-36
of campaign expenses pursuant to subsection 4 shall file a copy of each17-37
report with the secretary of state within 10 working days after he receives17-38
the report.17-39
Sec. 30. NRS 294A.350 is hereby amended to read as follows: 294A.350 1. Every candidate for state, district, county, municipal or17-41
township office shall file the reports of campaign contributions and17-42
expenses required by NRS 294A.120, 294A.200 and 294A.360, even17-43
though he:18-1
(a) Withdraws his candidacy;18-2
(b) Receives no campaign contributions;18-3
(c) Has no campaign expenses18-4
(d) Is removed from the ballot by court order; or18-5
(e) Is the subject of a petition to recall and the special election is not18-6
held.18-7
2. A candidate who withdraws his candidacy pursuant to NRS 293.20218-8
may file simultaneously all the reports of campaign contributions and18-9
expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as18-10
each report is filed on or before the last day for filing the respective report18-11
pursuant to NRS 294A.120, 294A.200 or 294A.360.18-12
Sec. 31. Chapter 295 of NRS is hereby amended by adding thereto a18-13
new section to read as follows:18-14
The legal sufficiency of a petition filed pursuant to NRS 295.015 to18-15
295.056, inclusive, and this section, may be challenged by filing a18-16
complaint in district court not later than 5 days, Saturdays, Sundays and18-17
holidays excluded, after the petition is filed with the secretary of state. All18-18
affidavits and documents in support of the challenge must be filed with18-19
the complaint. The court shall set the matter for hearing not later than18-20
30 days after the complaint is filed and shall give priority to such a18-21
complaint over all other matters pending with the court, except for18-22
criminal proceedings.18-23
Sec. 32. NRS 295.056 is hereby amended to read as follows: 295.056 1. Before a petition for initiative or referendum is filed with18-25
the secretary of state, the petitioners must submit to each county clerk for18-26
verification pursuant to NRS 293.1276 to 293.1279, inclusive, the18-27
document or documents which were circulated for signature within his18-28
county. The clerks shall give the person submitting a document or18-29
documents a receipt stating the number of documents and pages and the18-30
person’s statement of the number of signatures contained therein.18-31
2. If a petition for initiative proposes a statute or an amendment to a18-32
statute, the document or documents must be submitted not later than the18-33
second Tuesday in November of an even-numbered year.18-34
3. If a petition for initiative proposes an amendment to the constitution,18-35
the document or documents must be submitted not later than the third18-36
Tuesday in June of an even-numbered year.18-37
4. If the petition is for referendum, the document or documents must be18-38
submitted not later than the third Tuesday in May of an even-numbered18-39
year.18-40
5. All documents which are submitted to a county clerk for verification18-41
must be submitted at the same time.19-1
Sec. 33. NRS 298.020 is hereby amended to read as follows: 298.020 1. Each major political party in this state, qualified by law19-3
to place upon the general election ballot candidates for the office of19-4
President and Vice President of the United States in the year when they are19-5
to be elected, shall, at the state convention of the major political party held19-6
in that year, choose from the qualified electors, who are legally registered19-7
members of that political party, the number of presidential electors required19-8
by law and no more, who must be nominated by the delegates at the state19-9
convention. Upon the nomination thereof, the chairman and the secretary of19-10
the convention shall certify the names and addresses of the nominees to the19-11
secretary of state, who shall record the names in his office as the nominees19-12
of that political party for presidential elector.19-13
2. Each minor political party in this state, qualified by law to place19-14
upon the general election ballot candidates for the office of President and19-15
Vice President of the United States in the year when they are to be elected,19-16
shall choose from the qualified electors, the number of presidential electors19-17
required by law. The person who is authorized to file the list of candidates19-18
for partisan office of the minor political party with the secretary of state19-19
pursuant to NRS 293.1725 shall certify the names and addresses of the19-20
nominees to the secretary of state, who shall record the names in his office19-21
as the nominees of that political party for presidential elector.19-22
Sec. 34. NRS 298.109 is hereby amended to read as follows: 298.109 1. A person who desires to be an independent candidate for19-24
the office of President of the United States must, not later than 5 p.m. on19-25
the second Friday in August in each year in which a presidential election is19-26
to be held, pay a filing fee of $250 and file with the secretary of state a19-27
declaration of candidacy and a petition of candidacy, in which he must also19-28
designate his nominee for Vice President. The petition must be signed by a19-29
number of registered voters equal to not less than 1 percent of the total19-30
number of votes cast at the last preceding general election for candidates19-31
for the offices of Representative in Congress and must request that the19-32
names of the proposed candidates be placed on the ballot at the general19-33
election that year. The candidate shall file a copy of the petition he intends19-34
to circulate for signatures with the secretary of state.19-35
2. The petition may consist of more than one document. Each19-36
document must bear the name of a county and only registered voters of that19-37
county may sign the document. The documents which are circulated for19-38
signature in a county must be submitted to that county clerk for verification19-39
in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later19-40
than19-41
candidacy with the secretary of state19-42
person signing shall add to his signature the address of the place at which19-43
he resides, the date that he signs and the name of the county wherein he is20-1
registered to vote. Each document of the petition must also contain the20-2
affidavit of the person who circulated the document that all signatures20-3
thereon are genuine to the best of his knowledge and belief and were signed20-4
in his presence by persons registered to vote in that county.20-5
3. Each independent candidate so nominated for the office of President20-6
shall at the time of filing his petition as provided in subsection 1, or within20-7
10 days thereafter, file with the secretary of state his written designation of20-8
the names of the number of presidential electors then authorized by law,20-9
whom the independent candidate desires to act as his electors, all of whom20-10
must then be registered voters. Immediately following receipt of each20-11
candidate’s written designation of his nominees for electors, the secretary20-12
of state shall record them in his office as the nominees for presidential20-13
electors of that independent candidate.20-14
4. If the candidacy of any person who seeks to qualify pursuant to this20-15
section is challenged, all affidavits and documents in support of the20-16
challenge must be filed with the first judicial district court not later than 520-17
p.m. on the fourth Tuesday in August. Any judicial proceeding relating to20-18
the challenge must be set for hearing not later than 5 days after the fourth20-19
Tuesday in August.20-20
5. The county clerk shall not disqualify the signature of a voter who20-21
fails to provide all20-22
is registered in the county named on the document.20-23
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,20-25
the persons proposing to circulate the petition must file a notice of intent20-26
with the filing officer .20-27
20-28
20-29
2. The notice of intent:20-30
(a) Must be signed by three registered voters who actually voted in20-31
this state or in the county, district or municipality electing the officer at the20-32
last preceding general election.20-33
(b) Must be signed before a person authorized by law to administer20-34
oaths that the statements and signatures contained in the notice are true.20-35
(c) Is valid until the date on which the call for a special election is20-36
issued, as set forth in NRS 306.040.20-37
3. The petition may consist of more than one document. The persons20-38
filing the notice of intent shall submit the petition that was circulated for20-39
signatures to the20-40
within 60 days after the date on which the notice of intent was filed. The20-41
filing officer shall immediately submit the petition to the county clerk for20-42
verification pursuant to NRS 306.035. Any person who fails to file the21-1
petition as required by this subsection is guilty of a misdemeanor. Copies of21-2
the petition are not valid for any subsequent petition.21-3
4. The county clerk shall, upon completing the verification of the21-4
signatures on the petition, file the petition with the filing officer .21-5
21-6
21-7
5. Any person who signs a petition to recall any public officer may21-8
remove his name from the petition by submitting a request in writing to the21-9
county clerk at any time before the petition is submitted for the verification21-10
of the signatures thereon pursuant to NRS 306.035.21-11
6. A person who signs a notice of intent pursuant to subsection 1 or a21-12
petition to recall a public officer is immune from civil liability for conduct21-13
related to the exercise of his right to participate in the recall of a public21-14
officer.21-15
7. As used in this section, "filing officer" means the officer with21-16
whom the public officer to be recalled filed his declaration of candidacy21-17
or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or21-18
293C.175.21-19
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 elected21-21
statewide is filed with the secretary of state21-22
21-23
21-24
inclusive, the document or documents which were circulated for signature21-25
within his county.21-26
2. Before a petition to recall a state senator, assemblyman, or a county,21-27
district or municipal officer is filed21-28
21-29
21-30
must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the21-31
document or documents which were circulated for signatures within his21-32
county.21-33
3. If more than one document was circulated, all the documents must21-34
be submitted to the clerk at the same time.21-35
Sec. 37. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a21-37
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,21-38
inclusive, the secretary of state shall notify the county clerk, the officer with21-39
whom the petition is to be filed pursuant to subsection 4 of NRS 306.01521-40
and the public officer who is the subject of the petition.21-41
2.21-42
than the date a complaint is filed pursuant to subsection 5 or the date the21-43
call for a special election is issued, whichever is earlier, a person who22-1
signs a petition to recall may request the secretary of state to strike his22-2
name from the petition .22-3
22-4
demonstrates good cause therefor, the secretary of state shall strike his22-5
name from the petition.22-6
3. Not sooner than 10 days nor more than 20 days after the secretary of22-7
state completes the notification required by subsection 1, if a complaint is22-8
not filed pursuant to subsection 5, the officer with whom the petition is22-9
filed shall issue a call for a special election in the jurisdiction in which the22-10
public officer who is the subject of the petition was elected to determine22-11
whether the people will recall him.22-12
4. The call for a special election pursuant to subsection 3 or 6 must22-13
include, without limitation:22-14
(a) The last day on which a person may register to vote to qualify to vote22-15
in the special election; and22-16
(b) The last day on which a petition to nominate other candidates for the22-17
office may be filed.22-18
22-19
a complaint in district court not later than 5 days, Saturdays ,22-20
and holidays excluded, after the secretary of state completes the22-21
notification required by subsection 1. All affidavits and documents in22-22
support of the challenge must be filed with the complaint. The court shall22-23
set the matter for hearing not later than 30 days after the complaint is filed22-24
and shall give priority to such a complaint over all other matters pending22-25
with the court, except for criminal proceedings.22-26
22-27
the petition is sufficient, it shall order the officer with whom the petition is22-28
filed to issue a call for a special election in the jurisdiction in which the22-29
public officer who is the subject of the petition was elected to determine22-30
whether the people will recall22-31
22-32
shall order the officer with whom the petition is filed to cease any further22-33
proceedings regarding the petition.22-34
Sec. 38. Section 96 of the charter of Boulder City is hereby amended22-35
to read as follows:22-36
Section 96. Conduct of city elections.22-37
1. All City elections22-38
and22-39
the general election laws of the State of Nevada and any ordinance22-40
regulations as adopted by the City Council which are consistent22-41
with law and this Charter. (1959 Charter)22-42
2. All full terms of office in the City Council22-43
years, and Councilmen23-1
regard to precinct residency. Two full-term Councilmen and the23-2
Mayor are to be elected in each year immediately preceding a23-3
Federal presidential election, and two full-term Councilmen are to23-4
be elected in each year immediately following a Federal presidential23-5
election. In each election, the candidates receiving the greatest23-6
number of votes23-7
term positions. (Add. 17; Amd. 1; 11-5-96)23-8
A. In the event one or more two-year term positions on the23-9
Council will be available at the time of a municipal election as23-10
provided in Section 12, candidates23-11
such position(s). Candidates receiving the greatest respective23-12
number of votes23-13
available two-year positions. (Add. 15; Amd. 2; 6-4-91)23-14
3. A city primary election23-15
Tuesday after the23-16
numbered year and a City general election23-17
the23-18
odd-numbered year.23-19
A.23-20
no more than double the number of Councilmen to be elected file as23-21
candidates.23-22
for the office of Mayor if no more than two candidates file for that23-23
position. The primary election23-24
of eliminating candidates in excess of a figure double the number of23-25
Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)23-26
B. If, in the primary City election, a candidate receives votes23-27
equal to a majority of voters casting ballots in that election, he shall23-28
be considered elected to one of the vacancies and his name shall not23-29
be placed on the ballot for the general City election. (Add. 10;23-30
Amd. 7; 6-2-81)23-31
C. In each primary and general election, voters shall be entitled23-32
to cast ballots for candidates in a number equal to the number of23-33
seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)23-34
Sec. 39. Section 5.010 of the charter of the city of Henderson, being23-35
chapter 266, Statutes of Nevada 1971, as last amended by Assembly Bill23-36
No. 444 of this session, is hereby amended to read as follows:23-37
Sec. 5.010 Primary election.23-38
1. A primary election must be held on the Tuesday after the23-39
first Monday in23-40
time there must be nominated candidates for offices to be voted for23-41
at the next general municipal election.24-1
2. A candidate for any office to be voted for at any primary24-2
municipal election must file a declaration of candidacy as provided24-3
by the election laws of this state.24-4
3. All candidates for elective office must be voted upon by the24-5
registered voters of the city at large.24-6
4. If in the primary election no candidate receives a majority of24-7
votes cast in that election for the office for which he is a candidate,24-8
the names of the two candidates receiving the highest number of24-9
votes must be placed on the ballot for the general election. If in the24-10
primary election, regardless of the number of candidates for an24-11
office, one candidate receives a majority of votes cast in that24-12
election for the office for which he is a candidate, he must be24-13
declared elected and no general election need be held for that24-14
office.24-15
Sec. 40. Section 5.010 of the charter of the city of Las Vegas, being24-16
chapter 517, Statutes of Nevada 1983, as last amended by Senate Bill No.24-17
274 of this session, is hereby amended to read as follows:24-18
Sec. 5.010 Primary municipal elections.24-19
1. On the Tuesday after the first Monday in24-20
and at each successive interval of 4 years, a primary municipal24-21
election must be held in the city at which time candidates for half of24-22
the offices of councilman and for municipal judge, department 2,24-23
must be nominated.24-24
2. On the Tuesday after the first Monday in24-25
and at each successive interval of 4 years, a primary municipal24-26
election must be held in the city at which time candidates for mayor,24-27
for the other half of the offices of councilman and for municipal24-28
judge, department 1, must be nominated.24-29
3. The candidates for councilman who are to be nominated as24-30
provided in subsections 1 and 2 must be nominated and voted for24-31
separately according to the respective wards. The candidates from24-32
each even-numbered ward must be nominated as provided in24-33
subsection 1, and the candidates from each odd-numbered ward24-34
must be nominated as provided in subsection 2.24-35
4. If the city council has established an additional department24-36
or departments of the municipal court pursuant to section 4.010 of24-37
this charter, and, as a result, more than one office of municipal24-38
judge is to be filled at any election, the candidates for those offices24-39
must be nominated and voted upon separately according to the24-40
respective departments.25-1
5. Each candidate for the municipal offices which are provided25-2
for in subsections 1, 2 and 4 must file a declaration of candidacy25-3
with the city clerk. All filing fees collected by the city clerk must be25-4
paid into the city treasury.25-5
6. If, in the primary election, regardless of the number of25-6
candidates for an office, one candidate receives a majority of votes25-7
which are cast in that election for the office for which he is a25-8
candidate, he must be declared elected for the term which25-9
commences on the day of the first regular meeting of the city25-10
council next succeeding the meeting at which the canvass of the25-11
returns is made, and no general election need be held for that office.25-12
If, in the primary election, no candidate receives a majority of votes25-13
which are cast in that election for the office for which he is a25-14
candidate, the names of the two candidates who receive the highest25-15
number of votes must be placed on the ballot for the general25-16
election.25-17
Sec. 41. Section 5.020 of the charter of the city of North Las Vegas,25-18
being chapter 573, Statutes of Nevada 1971, as last amended by chapter25-19
215, Statutes of Nevada 1997, at page 748, is hereby amended to read as25-20
follows:25-21
Sec. 5.020 Primary municipal elections; declaration of25-22
candidacy.25-23
1. The city council shall provide by ordinance for candidates25-24
for elective office to declare their candidacy and file the necessary25-25
documents. The seats for city councilmen must be designated by the25-26
numbers one through four , which25-27
correspond with the wards the candidates for city councilmen will25-28
seek to represent . A candidate for the office of city councilman25-29
shall include in his declaration of candidacy the number of the ward25-30
which he seeks to represent. Each candidate for city council must be25-31
designated as a candidate for the city council seat that corresponds25-32
with the ward that he seeks to represent.25-33
2. If for any general municipal election there are three or more25-34
candidates for the offices of mayor or municipal judge, or for a25-35
particular city council seat, a primary election for any such office25-36
must be held on the Tuesday following the first Monday in25-37
April preceding the general election.25-38
3. Except as otherwise provided in subsection 4, after the25-39
primary election, the names of the two candidates for mayor,25-40
municipal judge and each city council seat who receive the highest25-41
number of votes must be placed on the ballot for the general25-42
election.26-1
4. If one of the candidates for mayor, municipal judge or a city26-2
council seat receives a majority of the total votes cast for that office26-3
in the primary election, he shall be declared elected to office and his26-4
name must not appear on the ballot for the general election.26-5
Sec. 42. Section 5.020 of the charter of the city of Sparks, being26-6
chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,26-7
Statutes of Nevada 1997, at page 3482, is hereby amended to read as26-8
follows:26-9
Sec. 5.020 Primary municipal elections: Declaration of26-10
candidacy.26-11
1. If for any general municipal election there are three or more26-12
candidates for the offices of mayor, city attorney or municipal judge26-13
or three or more candidates from each ward to represent the ward as26-14
a member of the city council, a primary election for that office must26-15
be held on the first Tuesday after the first Monday in26-16
preceding the general election.26-17
2. Candidates for the offices of mayor, city attorney and26-18
municipal judge must be voted upon by the registered voters of the26-19
city at large. Candidates to represent a ward as a member of the city26-20
council must be voted upon by the registered voters of the ward to26-21
be represented by them.26-22
3. The names of the two candidates for mayor, city attorney and26-23
municipal judge and the names of the two candidates to represent26-24
the ward as a member of the city council from each ward who26-25
receive the highest number of votes at the primary election must be26-26
placed on the ballot for the general election.26-27
Sec. 43. The amendatory provisions of this act do not apply to conduct26-28
that occurred before October 1, 1999.26-29
Sec. 44. Sections 6 to 9, inclusive, 13 and 41 of this act become26-30
effective at 12:01 a.m. on October 1, 1999.~