Senate Bill No. 541–Committee on Government Affairs

March 22, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Requires commission on ethics to prepare pamphlet concerning Nevada Ethics in Government Law for distribution to candidates for public office. (BDR 24-327)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; providing in skeleton form for requiring the commission on ethics to produce a pamphlet concerning the Nevada Ethics in Government Law; requiring a filing officer to provide a copy of the pamphlet to each candidate who files for candidacy with that officer; requiring a candidate to pay a fee for the pamphlet; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 new section to read as follows:

1-3 1. The commission on ethics shall:

1-4 (a) Prepare a pamphlet containing and explaining the provisions of

1-5 NRS 281.411 to 281.581, inclusive; and

1-6 (b) Supply copies of the pamphlet to the filing officers for distribution

1-7 pursuant to subsection 2.

1-8 2. Upon collection of the fee set forth in subsection 3, a filing officer

1-9 shall provide to each candidate who files his declaration of candidacy or

1-10 acceptance of candidacy with that officer one copy of the pamphlet

1-11 produced by the commission on ethics pursuant to subsection 1.

1-12 3. In addition to the filing fee required by NRS 293.193, 293C.145

1-13 and 293C.175, each candidate who files a declaration of candidacy or

1-14 acceptance of candidacy shall pay to the filing officer, by cash, cashier’s

1-15 check or certified check, a fee for the pamphlet in an amount that equals

1-16 the cost incurred by the commission on ethics to produce the pamphlet.

2-1 4. The filing officer shall pay to the commission on ethics the fee

2-2 received by him from the candidate pursuant to subsection 3.

2-3 Sec. 2. NRS 293.1725 is hereby amended to read as follows:

2-4 293.1725 1. Except as otherwise provided in subsection 4, a minor

2-5 political party which wishes to place its candidates on the ballot for a

2-6 general election and:

2-7 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of

2-8 NRS 293.1715; or

2-9 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS
2-10 293.1715,

2-11 must file with the secretary of state a list of its candidates not earlier than

2-12 the first Monday in May preceding the election nor later than the last Friday

2-13 in June. The list must be signed by the person so authorized in the

2-14 certificate of existence of the minor political party before a notary public or

2-15 other person authorized to take acknowledgments. The list must not be

2-16 amended after it is filed.

2-17 2. The secretary of state shall immediately forward a certified copy of

2-18 the list of candidates of each minor political party to the filing officer with

2-19 whom each candidate must file his declaration of candidacy.

2-20 3. Each candidate on the list must file his declaration of candidacy with

2-21 the proper filing officer , obtain the pamphlet produced by the

2-22 commission on ethics pursuant to section 1 of this act and pay the fee

2-23 required by NRS 293.193 not earlier than the date on which the list of

2-24 candidates of his minor political party is filed with the secretary of state nor

2-25 later than the first Wednesday in July.

2-26 4. A minor political party that wishes to place candidates for the offices

2-27 of President and Vice President of the United States on the ballot and has

2-28 otherwise qualified to place the names of its candidates on the ballot for the

2-29 general election pursuant to the provisions of this chapter must file with the

2-30 secretary of state a certificate of nomination for these offices not later than

2-31 the first Tuesday in September.

2-32 Sec. 3. NRS 293.177 is hereby amended to read as follows:

2-33 293.177 1. Except as otherwise provided in NRS 293.165, a name

2-34 may not be printed on a ballot to be used at a primary election unless the

2-35 person named has filed a declaration of candidacy or an acceptance of

2-36 candidacy, obtained the pamphlet produced by the commission on ethics

2-37 pursuant to section 1 of this act and paid the fee required by NRS 293.193

2-38 not earlier than the first Monday in May of the year in which the election is

2-39 to be held nor later than 5 p.m. on the third Monday in May.

2-40 2. A declaration of candidacy or an acceptance of candidacy required

2-41 to be filed by this section must be in substantially the following form:

2-42 (a) For partisan office:

3-1 Declaration of Candidacy of ........ for the

3-2 Office of ................

3-3 State of Nevada

3-4 County of

3-5 For the purpose of having my name placed on the official ballot as a

3-6 candidate for the ................ Party nomination for the office of ………, I,

3-7 the undersigned …….., do swear or affirm under penalty of perjury that I

3-8 reside at ………., in the City or Town of ……., County of ………., State

3-9 of Nevada; that my actual residence in the state, district, county, township,

3-10 city or other area prescribed by law to which the office pertains began on a

3-11 date 30 days or more before the date of the close of filing of declarations of

3-12 candidacy for this office; that I am registered as a member of the ................

3-13 Party; that I have not, in violation of the provisions of NRS 293.176,

3-14 changed the designation of my political party or political party affiliation

3-15 on an official application to register to vote in any state since September 1

3-16 before the closing filing date for this election; that I generally believe in

3-17 and intend to support the concepts found in the principles and policies of

3-18 that political party in the coming election; that if nominated as a candidate

3-19 of the ................ Party at the ensuing election I will accept that nomination

3-20 and not withdraw; that I will not knowingly violate any election law or any

3-21 law defining and prohibiting corrupt and fraudulent practices in campaigns

3-22 and elections in this state; that I will qualify for the office if elected thereto,

3-23 including, but not limited to, complying with any limitation prescribed by

3-24 the constitution and laws of this state concerning the number of years or

3-25 terms for which a person may hold the office; and that I understand that my

3-26 name will appear on all ballots as designated in this declaration.

3-27

3-28 (Designation of name)

3-29

3-30 (Signature of candidate for office)

3-31 Subscribed and sworn to before

3-32 me this ..... day of ........, 19...

3-33

3-34 Notary Public or other person

3-35 authorized to administer an oath

4-1 (b) For nonpartisan office:

4-2 Declaration of Candidacy of ........ for the

4-3 Office of ................

4-4 State of Nevada

4-5 County of

4-6 For the purpose of having my name placed on the official ballot as a

4-7 candidate for the office of ................, I, the undersigned ................, do

4-8 swear or affirm under penalty of perjury that I reside at ………, in the City

4-9 or Town of ……., County of ………, State of Nevada; that my actual

4-10 residence in the state, district, county, township, city or other area

4-11 prescribed by law to which the office pertains began on a date 30 days or

4-12 more before the date of the close of filing of declarations of candidacy for

4-13 this office; that if nominated as a nonpartisan candidate at the ensuing

4-14 election I will accept the nomination and not withdraw; that I will not

4-15 knowingly violate any election law or any law defining and prohibiting

4-16 corrupt and fraudulent practices in campaigns and elections in this state;

4-17 that I will qualify for the office if elected thereto, including, but not limited

4-18 to, complying with any limitation prescribed by the constitution and laws of

4-19 this state concerning the number of years or terms for which a person may

4-20 hold the office; and my name will appear on all ballots as designated in this

4-21 declaration.

4-22

4-23 (Designation of name)

4-24

4-25 (Signature of candidate for office)

4-26 Subscribed and sworn to before

4-27 me this ..... day of ........, 19...

4-28

4-29 Notary Public or other person

4-30 authorized to administer an oath

4-31 3. A person may be a candidate under his given name and surname, a

4-32 contraction or familiar form of his given name followed by his surname or

4-33 the initial of his given name followed by his surname. A nickname of not

4-34 more than 10 letters may be incorporated into a candidate’s name. The

4-35 nickname must be in quotation marks and appear immediately before the

5-1 candidate’s surname. A nickname must not indicate any political,

5-2 economic, social or religious view or affiliation and must not be the name

5-3 of any person, living or dead, whose reputation is known on a statewide,

5-4 nationwide or worldwide basis, or in any other manner deceive a voter

5-5 regarding the person or principles for which he is voting.

5-6 4. The address of a candidate which must be included in the

5-7 declaration of candidacy or acceptance of candidacy pursuant to subsection

5-8 2 must be the street address of the residence where he actually resides, if

5-9 one has been assigned. The declaration or acceptance of candidacy must

5-10 not be accepted for filing if the candidate’s address is listed as a post office

5-11 box unless a street address has not been assigned to his residence.

5-12 Sec. 4. NRS 293.180 is hereby amended to read as follows:

5-13 293.180 1. Ten or more registered voters may, not earlier than the

5-14 first Monday in April nor later than 5 p.m. on the first Friday in May, file a

5-15 certificate of candidacy designating any registered voter as a candidate for

5-16 his major political party’s nomination for any partisan elective office, or as

5-17 a candidate for nomination for any nonpartisan office. When the certificate

5-18 has been filed, the officer in whose office it is filed shall notify the person

5-19 named in the certificate. If the person named in the certificate files an

5-20 acceptance of candidacy , obtains the pamphlet produced by the

5-21 commission on ethics pursuant to section 1 of this act and pays the

5-22 required fee, as provided by law, he is a candidate in the primary election in

5-23 like manner as if he had filed a declaration of candidacy.

5-24 2. If a certificate of candidacy relates to a partisan office, all of the

5-25 signers must be of the same major political party as the candidate

5-26 designated.

5-27 Sec. 5. NRS 293.200 is hereby amended to read as follows:

5-28 293.200 1. An independent candidate for partisan office must file

5-29 with the proper filing officer:

5-30 (a) A copy of the petition of candidacy that he intends to circulate for

5-31 signatures. The copy must be filed before the petition may be circulated.

5-32 (b) A petition of candidacy signed by a number of registered voters

5-33 equal to at least 1 percent of the total number of ballots cast in the state or

5-34 in the county or district electing that officer at the last preceding general

5-35 election in which a person was elected to that office.

5-36 2. The petition may consist of more than one document. Each

5-37 document must bear the name of the county in which it was circulated and

5-38 only registered voters of that county may sign the document. The person

5-39 who circulates the document must be a registered voter of that county. If

5-40 the office is a district office, only the registered voters of that district may

5-41 sign the document. The documents which are circulated for signature in a

5-42 county must be submitted to that county clerk for verification in the manner

5-43 prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days

6-1 before filing the petition of candidacy with the proper filing officer. Each

6-2 signer shall add to his signature the address of the place at which he

6-3 actually resides, the date that he signs the petition and the name of the

6-4 county where he is registered to vote for the purpose of determining

6-5 whether he is a registered voter. The person who circulates each document

6-6 of the petition shall sign an affidavit attesting that the signatures on the

6-7 document are genuine to the best of his knowledge and belief and were

6-8 signed in his presence by persons registered to vote in that county.

6-9 3. The petition of candidacy may state the principle, if any, which the

6-10 person qualified represents.

6-11 4. Petitions of candidacy must be filed not earlier than the first Monday

6-12 in May preceding the general election and not later than 5 p.m. on the third

6-13 Tuesday in August.

6-14 5. No petition of candidacy may contain the name of more than one

6-15 candidate for each office to be filled.

6-16 6. A person may not file as an independent candidate if he is proposing

6-17 to run as the candidate of a political party.

6-18 7. The names of independent candidates must be placed on the general

6-19 election ballot and must not appear on the primary election ballot.

6-20 8. If the candidacy of any person seeking to qualify pursuant to this

6-21 section is challenged, all affidavits and documents in support of the

6-22 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

6-23 August. Any judicial proceeding resulting from the challenge must be set

6-24 for hearing not more than 5 days after the fourth Tuesday in August.

6-25 9. Any challenge pursuant to subsection 8 must be filed with:

6-26 (a) The first judicial district court if the petition of candidacy was filed

6-27 with the secretary of state.

6-28 (b) The district court for the county where the petition of candidacy was

6-29 filed if the petition was filed with a county clerk.

6-30 10. An independent candidate for partisan office must file a declaration

6-31 of candidacy with the proper filing officer , obtain the pamphlet produced

6-32 by the commission on ethics pursuant to section 1 of this act and pay the

6-33 fee required by NRS 293.193 not earlier than the first Monday in May of

6-34 the year in which the election is held nor later than 5 p.m. of the first

6-35 Wednesday in July.

6-36 Sec. 6. NRS 293C.185 is hereby amended to read as follows:

6-37 293C.185 1. Except as otherwise provided in NRS 293C.190, a name

6-38 may not be printed on a ballot to be used at a primary city election, unless

6-39 the person named has filed a declaration of candidacy or an acceptance of

6-40 candidacy , obtained the pamphlet produced by the commission on ethics

6-41 pursuant to section 1 of this act and paid the fee established by the

6-42 governing body of the city not earlier than 40 days before the primary city

7-1 election and not later than 5 p.m. on the 30th day before the primary city

7-2 election.

7-3 2. A declaration of candidacy required to be filed by this section must

7-4 be in substantially the following form:

7-5 Declaration of Candidacy of ........ for the

7-6 Office of ................

7-7 State of Nevada

7-8

7-9 City of

7-10 For the purpose of having my name placed on the official ballot as a

7-11 candidate for the office of ................, I, the undersigned ................, do

7-12 swear or affirm under penalty of perjury that I reside at ......................, in

7-13 the City or Town of ................, County of .................., State of Nevada;

7-14 that my actual residence in the city, township or other area prescribed by

7-15 law to which the office pertains began on a date 30 days or more before the

7-16 date of the close of filing of declarations of candidacy for this office; that if

7-17 nominated as a candidate at the ensuing election I will accept the

7-18 nomination and not withdraw; that I will not knowingly violate any election

7-19 law or any law defining and prohibiting corrupt and fraudulent practices in

7-20 campaigns and elections in this state; that I will qualify for the office if

7-21 elected thereto, including, but not limited to, complying with any limitation

7-22 prescribed by the constitution and laws of this state concerning the number

7-23 of years or terms for which a person may hold the office; and my name will

7-24 appear on all ballots as designated in this declaration.

7-25

7-26 (Designation of name)

7-27

7-28 (Signature of candidate for office)

7-29 Subscribed and sworn to before

7-30 me this ..... day of ........, 19...

7-31

7-32 Notary Public or other person

7-33 authorized to administer an oath

7-34 3. A person may be a candidate under his given name and surname, a

7-35 contraction or familiar form of his given name followed by his surname or

7-36 the initial of his given name followed by his surname. A nickname of not

8-1 more than 10 letters may be incorporated into a candidate’s name. The

8-2 nickname must be in quotation marks and appear immediately before the

8-3 candidate’s surname. A nickname must not indicate any political,

8-4 economic, social or religious view or affiliation and must not be the name

8-5 of any person, living or dead, whose reputation is known on a statewide,

8-6 nationwide or worldwide basis, or in any other manner deceive a voter

8-7 concerning the person or principles for which he is voting.

8-8 4. The address of a candidate that must be included in the declaration

8-9 or acceptance of candidacy pursuant to subsection 2 must be the street

8-10 address of the residence where he actually resides, if one has been assigned.

8-11 The declaration or acceptance of candidacy must not be accepted for filing

8-12 if the candidate’s address is listed as a post office box unless a street

8-13 address has not been assigned to his residence.

8-14 Sec. 7. NRS 306.110 is hereby amended to read as follows:

8-15 306.110 1. A petition to nominate other candidates for the office

8-16 must be signed by registered voters of the state, or of the county, district or

8-17 municipality holding the election, equal in number to 25 percent of the

8-18 number of registered voters who voted in the state, or in the county, district

8-19 or municipality holding the election at the general election at which the

8-20 public officer was elected.

8-21 2. The nominating petition must be filed, at least 15 days before the

8-22 date of the special election, with the officer with whom the recall petition is

8-23 filed.

8-24 3. Each candidate who is nominated for office must file an acceptance

8-25 of candidacy with the appropriate filing officer , obtain the pamphlet

8-26 produced by the commission on ethics pursuant to section 1 of this act

8-27 and pay the fee required by NRS 293.193 or by the governing body of a

8-28 city at least 15 days before the date of the special election.

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