Assembly Amendment to Assembly Bill No. 615 (BDR 24-629)
Proposed by: Committee on Elections, Procedures, and Ethics
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 4 through 6 and renumbering sections 7 through 18 as sections 4 through 15.
Amend sec. 9, pages 5 and 6, by deleting lines 29 through 43 on page 5 and lines 1 through 31 on page 6 and inserting:
a partisan office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections 4 and 5.2. A vacancy occurring in a nonpartisan nomination after the close of filing and before the first Tuesday in September must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for the office in question in the state, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the third Tuesday in September. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general election and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after a primary election and before the second Tuesday in September must be filled by the person who received the next highest vote for the nomination in the primary.
4. Except to place a candidate nominated pursuant to subsection 2 on the ballot, no change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed before 5 p.m. on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.".
Amend the bill as a whole by renumbering sections 19 and 20 as sections 17 and 18 and adding a new section designated sec. 16, following sec. 18, to read as follows:
"Sec. 16. NRS 293.202 is hereby amended to read as follows:
, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.".Amend the bill as a whole by deleting sections 21 and 22 and renumbering sections 23 through 27 as sections 19 through 23.
Amend the bill as a whole by deleting sec. 28, renumbering sections 29 and 30 as sections 30 and 31 and adding new sections designated sections 24 through 29, following section 27, to read as follows:
"Sec. 24. NRS 293C.175 is hereby amended to read as follows:
2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Sec. 25. NRS 293C.190 is hereby amended to read as follows:
293C.190 1. A vacancy occurring in a nomination for a city office after the close of filing and before the first Tuesday after the first Monday in
2. A vacancy occurring in a nomination for a city office after a primary city election and before the second Tuesday after the second Monday in
3. Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot after the second Tuesday after the second Monday in
4. All designations provided for in this section must be filed before 5 p.m. on the second Tuesday after the second Monday in
Sec. 26. NRS 293C.195 is hereby amended to read as follows:
293C.195 A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days
, excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy or an acceptance of candidacy.Sec. 27.
NRS 293C.345 is hereby amended to read as follows: 293C.345 The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in [April] March and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, an official mailing ballot to be voted by him at the election.
Sec. 28. NRS 293C.370 is hereby amended to read as follows:
293C.370 1. Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the third Tuesday after the third Monday in [May] April and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 29. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after [the] :
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election [.] ; or
(b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.".
Amend the bill as a whole by renumbering sections 31 through 38 as sections 33 through 40 and adding a new section designated sec. 32, following sec. 30, to read as follows:
"Sec. 32. NRS 294A.200 is hereby amended to read as follows:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after
(a) The
special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election(b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.".
Amend the bill as a whole by renumbering sec. 39 as sec. 46 and adding new sections designated sections 41 through 45, following sec. 38, to read as follows:
"Sec. 41. Section 96 of the charter of Boulder City is hereby amended to read as follows:
Section 96. Conduct of city elections.
1. All City elections
2. All full terms of office in the City Council
A. In the event one or more two-year term positions on the Council will be available at the time of a municipal election as provided in Section 12, candidates
3. A city primary election
A.
B. If, in the primary City election, a candidate receives votes equal to a majority of voters casting ballots in that election, he shall be considered elected to one of the vacancies and his name shall not be placed on the ballot for the general City election. (Add. 10; Amd. 7; 6-2-81)
C. In each primary and general election, voters shall be entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)
Sec. 5.010 Primary election.
1. A primary election must be held on the Tuesday after the first Monday in
2. A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this state.
3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law must pay to the city clerk, at the time of filing the declaration of candidacy, the filing fee in the amount fixed by the city council.
4. All candidates for elective office must be voted upon by the registered voters of the city at large.
5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected and no general election need be held for that office.
6. If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election may be held for that office.
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the
2. On the Tuesday after the
3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.
4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk. The city clerk shall collect from each candidate, at the time of filing that candidate’s declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.
6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.
7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office must be held on the Tuesday following the first Monday in
3. Except as otherwise provided in subsections 4 and 5, after the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes must be placed on the ballot for the general election.
4. If one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.
5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:
(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.
(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.
Sec. 45. Section 5.020 of the charter of the city of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 686, Statutes of Nevada 1997, at page 3482, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the first Tuesday after the first Monday in
2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.".
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
"petitions; changing the date of the primary city election for certain cities; revising various deadlines and procedures relating to the filing of petitions, challenges, withdrawals of candidacy, lists of".