Senate Bill No. 541–Committee on Government Affairs
March 22, 1999
____________
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
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
1. The commission on ethics shall:1-4
(a) Prepare a pamphlet containing and explaining the provisions of1-5
NRS 281.411 to 281.581, inclusive; and1-6
(b) Supply copies of the pamphlet to the filing officers for distribution1-7
pursuant to subsection 2.1-8
2. Upon collection of the fee set forth in subsection 3, a filing officer1-9
shall provide to each candidate who files his declaration of candidacy or1-10
acceptance of candidacy with that officer one copy of the pamphlet1-11
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.1451-13
and 293C.175, each candidate who files a declaration of candidacy or1-14
acceptance of candidacy shall pay to the filing officer, by cash, cashier’s1-15
check or certified check, a fee for the pamphlet in an amount that equals1-16
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 fee2-2
received by him from the candidate pursuant to subsection 3.2-3
Sec. 2. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor2-5
political party which wishes to place its candidates on the ballot for a2-6
general election and:2-7
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of2-8
NRS 293.1715; or2-9
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS2-11
must file with the secretary of state a list of its candidates not earlier than2-12
the first Monday in May preceding the election nor later than the last Friday2-13
in June. The list must be signed by the person so authorized in the2-14
certificate of existence of the minor political party before a notary public or2-15
other person authorized to take acknowledgments. The list must not be2-16
amended after it is filed.2-17
2. The secretary of state shall immediately forward a certified copy of2-18
the list of candidates of each minor political party to the filing officer with2-19
whom each candidate must file his declaration of candidacy.2-20
3. Each candidate on the list must file his declaration of candidacy with2-21
the proper filing officer , obtain the pamphlet produced by the2-22
commission on ethics pursuant to section 1 of this act and pay the fee2-23
required by NRS 293.193 not earlier than the date on which the list of2-24
candidates of his minor political party is filed with the secretary of state nor2-25
later than the first Wednesday in July.2-26
4. A minor political party that wishes to place candidates for the offices2-27
of President and Vice President of the United States on the ballot and has2-28
otherwise qualified to place the names of its candidates on the ballot for the2-29
general election pursuant to the provisions of this chapter must file with the2-30
secretary of state a certificate of nomination for these offices not later than2-31
the first Tuesday in September.2-32
Sec. 3. NRS 293.177 is hereby amended to read as follows: 293.177 1. Except as otherwise provided in NRS 293.165, a name2-34
may not be printed on a ballot to be used at a primary election unless the2-35
person named has filed a declaration of candidacy or an acceptance of2-36
candidacy, obtained the pamphlet produced by the commission on ethics2-37
pursuant to section 1 of this act and paid the fee required by NRS 293.1932-38
not earlier than the first Monday in May of the year in which the election is2-39
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 required2-41
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 the3-2
Office of ................3-3
State of Nevada3-4
County of3-5
For the purpose of having my name placed on the official ballot as a3-6
candidate for the ................ Party nomination for the office of ………, I,3-7
the undersigned …….., do swear or affirm under penalty of perjury that I3-8
reside at ………., in the City or Town of ……., County of ………., State3-9
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 a3-11
date 30 days or more before the date of the close of filing of declarations of3-12
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 affiliation3-15
on an official application to register to vote in any state since September 13-16
before the closing filing date for this election; that I generally believe in3-17
and intend to support the concepts found in the principles and policies of3-18
that political party in the coming election; that if nominated as a candidate3-19
of the ................ Party at the ensuing election I will accept that nomination3-20
and not withdraw; that I will not knowingly violate any election law or any3-21
law defining and prohibiting corrupt and fraudulent practices in campaigns3-22
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 by3-24
the constitution and laws of this state concerning the number of years or3-25
terms for which a person may hold the office; and that I understand that my3-26
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 before3-32
me this ..... day of ........, 19...3-33
3-34
Notary Public or other person3-35
authorized to administer an oath4-1
(b) For nonpartisan office:4-2
Declaration of Candidacy of ........ for the4-3
Office of ................4-4
State of Nevada4-5
County of4-6
For the purpose of having my name placed on the official ballot as a4-7
candidate for the office of ................, I, the undersigned ................, do4-8
swear or affirm under penalty of perjury that I reside at ………, in the City4-9
or Town of ……., County of ………, State of Nevada; that my actual4-10
residence in the state, district, county, township, city or other area4-11
prescribed by law to which the office pertains began on a date 30 days or4-12
more before the date of the close of filing of declarations of candidacy for4-13
this office; that if nominated as a nonpartisan candidate at the ensuing4-14
election I will accept the nomination and not withdraw; that I will not4-15
knowingly violate any election law or any law defining and prohibiting4-16
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 limited4-18
to, complying with any limitation prescribed by the constitution and laws of4-19
this state concerning the number of years or terms for which a person may4-20
hold the office; and my name will appear on all ballots as designated in this4-21
declaration.4-22
4-23
(Designation of name)4-24
4-25
(Signature of candidate for office)4-26
Subscribed and sworn to before4-27
me this ..... day of ........, 19...4-28
4-29
Notary Public or other person4-30
authorized to administer an oath4-31
3. A person may be a candidate under his given name and surname, a4-32
contraction or familiar form of his given name followed by his surname or4-33
the initial of his given name followed by his surname. A nickname of not4-34
more than 10 letters may be incorporated into a candidate’s name. The4-35
nickname must be in quotation marks and appear immediately before the5-1
candidate’s surname. A nickname must not indicate any political,5-2
economic, social or religious view or affiliation and must not be the name5-3
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 voter5-5
regarding the person or principles for which he is voting.5-6
4. The address of a candidate which must be included in the5-7
declaration of candidacy or acceptance of candidacy pursuant to subsection5-8
2 must be the street address of the residence where he actually resides, if5-9
one has been assigned. The declaration or acceptance of candidacy must5-10
not be accepted for filing if the candidate’s address is listed as a post office5-11
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: 293.180 1. Ten or more registered voters may, not earlier than the5-14
first Monday in April nor later than 5 p.m. on the first Friday in May, file a5-15
certificate of candidacy designating any registered voter as a candidate for5-16
his major political party’s nomination for any partisan elective office, or as5-17
a candidate for nomination for any nonpartisan office. When the certificate5-18
has been filed, the officer in whose office it is filed shall notify the person5-19
named in the certificate. If the person named in the certificate files an5-20
acceptance of candidacy , obtains the pamphlet produced by the5-21
commission on ethics pursuant to section 1 of this act and pays the5-22
required fee, as provided by law, he is a candidate in the primary election in5-23
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 the5-25
signers must be of the same major political party as the candidate5-26
designated.5-27
Sec. 5. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file5-29
with the proper filing officer:5-30
(a) A copy of the petition of candidacy that he intends to circulate for5-31
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 voters5-33
equal to at least 1 percent of the total number of ballots cast in the state or5-34
in the county or district electing that officer at the last preceding general5-35
election in which a person was elected to that office.5-36
2. The petition may consist of more than one document. Each5-37
document must bear the name of the county in which it was circulated and5-38
only registered voters of that county may sign the document. The person5-39
who circulates the document must be a registered voter of that county. If5-40
the office is a district office, only the registered voters of that district may5-41
sign the document. The documents which are circulated for signature in a5-42
county must be submitted to that county clerk for verification in the manner5-43
prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days6-1
before filing the petition of candidacy with the proper filing officer. Each6-2
signer shall add to his signature the address of the place at which he6-3
actually resides, the date that he signs the petition and the name of the6-4
county where he is registered to vote for the purpose of determining6-5
whether he is a registered voter. The person who circulates each document6-6
of the petition shall sign an affidavit attesting that the signatures on the6-7
document are genuine to the best of his knowledge and belief and were6-8
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 the6-10
person qualified represents.6-11
4. Petitions of candidacy must be filed not earlier than the first Monday6-12
in May preceding the general election and not later than 5 p.m. on the third6-13
Tuesday in August.6-14
5. No petition of candidacy may contain the name of more than one6-15
candidate for each office to be filled.6-16
6. A person may not file as an independent candidate if he is proposing6-17
to run as the candidate of a political party.6-18
7. The names of independent candidates must be placed on the general6-19
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 this6-21
section is challenged, all affidavits and documents in support of the6-22
challenge must be filed not later than 5 p.m. on the fourth Tuesday in6-23
August. Any judicial proceeding resulting from the challenge must be set6-24
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 filed6-27
with the secretary of state.6-28
(b) The district court for the county where the petition of candidacy was6-29
filed if the petition was filed with a county clerk.6-30
10. An independent candidate for partisan office must file a declaration6-31
of candidacy with the proper filing officer , obtain the pamphlet produced6-32
by the commission on ethics pursuant to section 1 of this act and pay the6-33
fee required by NRS 293.193 not earlier than the first Monday in May of6-34
the year in which the election is held nor later than 5 p.m. of the first6-35
Wednesday in July.6-36
Sec. 6. NRS 293C.185 is hereby amended to read as follows: 293C.185 1. Except as otherwise provided in NRS 293C.190, a name6-38
may not be printed on a ballot to be used at a primary city election, unless6-39
the person named has filed a declaration of candidacy or an acceptance of6-40
candidacy , obtained the pamphlet produced by the commission on ethics6-41
pursuant to section 1 of this act and paid the fee established by the6-42
governing body of the city not earlier than 40 days before the primary city7-1
election and not later than 5 p.m. on the 30th day before the primary city7-2
election.7-3
2. A declaration of candidacy required to be filed by this section must7-4
be in substantially the following form:7-5
Declaration of Candidacy of ........ for the7-6
Office of ................7-7
State of Nevada7-8
7-9
City of7-10
For the purpose of having my name placed on the official ballot as a7-11
candidate for the office of ................, I, the undersigned ................, do7-12
swear or affirm under penalty of perjury that I reside at ......................, in7-13
the City or Town of ................, County of .................., State of Nevada;7-14
that my actual residence in the city, township or other area prescribed by7-15
law to which the office pertains began on a date 30 days or more before the7-16
date of the close of filing of declarations of candidacy for this office; that if7-17
nominated as a candidate at the ensuing election I will accept the7-18
nomination and not withdraw; that I will not knowingly violate any election7-19
law or any law defining and prohibiting corrupt and fraudulent practices in7-20
campaigns and elections in this state; that I will qualify for the office if7-21
elected thereto, including, but not limited to, complying with any limitation7-22
prescribed by the constitution and laws of this state concerning the number7-23
of years or terms for which a person may hold the office; and my name will7-24
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 before7-30
me this ..... day of ........, 19...7-31
7-32
Notary Public or other person7-33
authorized to administer an oath7-34
3. A person may be a candidate under his given name and surname, a7-35
contraction or familiar form of his given name followed by his surname or7-36
the initial of his given name followed by his surname. A nickname of not8-1
more than 10 letters may be incorporated into a candidate’s name. The8-2
nickname must be in quotation marks and appear immediately before the8-3
candidate’s surname. A nickname must not indicate any political,8-4
economic, social or religious view or affiliation and must not be the name8-5
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 voter8-7
concerning the person or principles for which he is voting.8-8
4. The address of a candidate that must be included in the declaration8-9
or acceptance of candidacy pursuant to subsection 2 must be the street8-10
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 filing8-12
if the candidate’s address is listed as a post office box unless a street8-13
address has not been assigned to his residence.8-14
Sec. 7. NRS 306.110 is hereby amended to read as follows: 306.110 1. A petition to nominate other candidates for the office8-16
must be signed by registered voters of the state, or of the county, district or8-17
municipality holding the election, equal in number to 25 percent of the8-18
number of registered voters who voted in the state, or in the county, district8-19
or municipality holding the election at the general election at which the8-20
public officer was elected.8-21
2. The nominating petition must be filed, at least 15 days before the8-22
date of the special election, with the officer with whom the recall petition is8-23
filed.8-24
3. Each candidate who is nominated for office must file an acceptance8-25
of candidacy with the appropriate filing officer , obtain the pamphlet8-26
produced by the commission on ethics pursuant to section 1 of this act8-27
and pay the fee required by NRS 293.193 or by the governing body of a8-28
city at least 15 days before the date of the special election.~