Assembly Bill No. 144–Committee on Elections,
Procedures, and Ethics

 

(On Behalf of Administrative Office of the Courts)

 

February 15, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Changes dates for filing of declaration of candidacy for judicial office. (BDR 24‑516)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; changing the dates during which a person who wishes to be a candidate for a judicial office must file his declaration of candidacy; 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. NRS 293.177 is hereby amended to read as follows:

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

1-3  may not be printed on a ballot to be used at a primary election unless the

1-4  person named has filed a declaration of candidacy or an acceptance of

1-5  candidacy, and paid the fee required by NRS 293.193 not earlier than
[the] :

1-6    (a) For a candidate for judicial office, the second Monday in January

1-7  of the year in which the election is to be held nor later than 5 p.m. on the

1-8  fourth Monday in January; and

1-9    (b) For all other candidates, the first Monday in May of the year in

1-10  which the election is to be held nor later than 5 p.m. on the third Monday in

1-11  May.

1-12    2.  A declaration of candidacy or an acceptance of candidacy required

1-13  to be filed by this section must be in substantially the following form:

1-14    (a) For partisan office:

1-15  DECLARATION OF CANDIDACY OF ........ FOR THE

1-16  OFFICE OF ................

1-17  State of Nevada

1-18  County of.........

2-1  For the purpose of having my name placed on the official ballot as a

2-2  candidate for the ................ Party nomination for the office of ........., I, the

2-3  undersigned ........, do swear or affirm under penalty of perjury that I

2-4  actually, as opposed to constructively, reside at .........., in the City or Town

2-5  of ......., County of .........., State of Nevada; that my actual, as opposed to

2-6  constructive, residence in the state, district, county, township, city or other

2-7  area prescribed by law to which the office pertains began on a date at least

2-8  30 days immediately preceding the date of the close of filing of

2-9  declarations of candidacy for this office; that I am registered as a member

2-10  of the ................ Party; that I have not, in violation of the provisions of

2-11  NRS 293.176, changed the designation of my political party or political

2-12  party affiliation on an official application to register to vote in any state

2-13  since September 1 before the closing filing date for this election; that I

2-14  generally believe in and intend to support the concepts found in the

2-15  principles and policies of that political party in the coming election; that if

2-16  nominated as a candidate of the ................ Party at the ensuing election , I

2-17  will accept that nomination and not withdraw; that I will not knowingly

2-18  violate any election law or any law defining and prohibiting corrupt and

2-19  fraudulent practices in campaigns and elections in this state; that I will

2-20  qualify for the office if elected thereto, including, but not limited to,

2-21  complying with any limitation prescribed by the constitution and laws of

2-22  this state concerning the number of years or terms for which a person may

2-23  hold the office; and that I understand that my name will appear on all

2-24  ballots as designated in this declaration.

2-25  ...............................

2-26                                              (Designation of name)

2-27  ...............................

2-28                             (Signature of candidate for office)

2-29  Subscribed and sworn to before me

2-30  this ..... day of the month of ........ of

2-31  the year....

2-32  ....................................

2-33  Notary Public or other person

2-34  authorized to administer an oath

2-35    (b) For nonpartisan office:

2-36  DECLARATION OF CANDIDACY OF ........ FOR THE

2-37  OFFICE OF ................

2-38  State of Nevada

2-39  County of.........

2-40  For the purpose of having my name placed on the official ballot as a

2-41  candidate for the office of ................, I, the undersigned ................, do

2-42  swear or affirm under penalty of perjury that I actually, as opposed to

2-43  constructively, reside at ........., in the City or Town of ......., County of

2-44  ........., State of Nevada; that my actual, as opposed to constructive,

2-45  residence in the state, district, county, township, city or other area

2-46  prescribed by law to which the office pertains began on a date at least 30

2-47  days immediately preceding the date of the close of filing of declarations of

2-48  candidacy for this office; that if nominated as a nonpartisan candidate at

2-49  the ensuing election , I will accept the nomination and not withdraw; that I

3-1  will not knowingly violate any election law or any law defining and

3-2  prohibiting corrupt and fraudulent practices in campaigns and elections in

3-3  this state; that I will qualify for the office if elected thereto, including, but

3-4  not limited to, complying with any limitation prescribed by the constitution

3-5  and laws of this state concerning the number of years or terms for which a

3-6  person may hold the office; and my name will appear on all ballots as

3-7  designated in this declaration.

3-8  ................................

3-9                                               (Designation of name)

3-10  ...............................

3-11                             (Signature of candidate for office)

3-12  Subscribed and sworn to before me

3-13  this ..... day of the month of ........ of

3-14  the year ....

3-15  ....................................

3-16  Notary Public or other person

3-17  authorized to administer an oath

3-18    3.  A person may be a candidate under his given name and surname, a

3-19  contraction or familiar form of his given name followed by his surname or

3-20  the initial of his given name followed by his surname. A nickname of not

3-21  more than 10 letters may be incorporated into a candidate’s name. The

3-22  nickname must be in quotation marks and appear immediately before the

3-23  candidate’s surname. A nickname must not indicate any political,

3-24  economic, social or religious view or affiliation and must not be the name

3-25  of any person, living or dead, whose reputation is known on a statewide,

3-26  nationwide or worldwide basis, or in any other manner deceive a voter

3-27  regarding the person or principles for which he is voting.

3-28    4.  The address of a candidate which must be included in the

3-29  declaration of candidacy or acceptance of candidacy pursuant to subsection

3-30  2 must be the street address of the residence where he actually, as opposed

3-31  to constructively, resides in accordance with NRS 281.050, if one has been

3-32  assigned. The declaration or acceptance of candidacy must not be accepted

3-33  for filing if the candidate’s address is listed as a post office box unless a

3-34  street address has not been assigned to his residence.

3-35    Sec. 2.  NRS 293.180 is hereby amended to read as follows:

3-36    293.180  1.  Ten or more registered voters may[, not earlier than the

3-37  first Monday in April nor later than 5 p.m. on the first Friday in May,] file

3-38  a certificate of candidacy designating any registered voter as a candidate

3-39  for [his] :

3-40    (a) Their major political party’s nomination for any partisan elective

3-41  office, or as a candidate for nomination for any nonpartisan office[.] ,

3-42  other than a judicial office, not earlier than the first Monday in April nor

3-43  later than 5 p.m. on the first Friday in May;

3-44    (b) Nomination for a judicial office, other than the office of municipal

3-45  judge, not earlier than the second Monday in December nor later than 5

3-46  p.m. on the first Friday in January; or

3-47    (c) Nomination for the office of municipal judge, not earlier than 265

3-48  days before the primary city election nor later than 5 p.m. on the 240th

3-49  day before the primary city election.

4-1    2.  When the certificate has been filed, the officer in whose office it is

4-2  filed shall notify the person named in the certificate. If the person named in

4-3  the certificate files an acceptance of candidacy and pays the required fee,

4-4  as provided by law, he is a candidate in the primary election in like manner

4-5  as if he had filed a declaration of candidacy.

4-6    [2.] 3.  If a certificate of candidacy relates to a partisan office, all of

4-7  the signers must be of the same major political party as the candidate

4-8  designated.

4-9    Sec. 3.  NRS 293C.175 is hereby amended to read as follows:

4-10    293C.175  1.  A primary city election must be held in each city of the

4-11  first class, and in each city of the second class that has so provided by

4-12  ordinance, on the first Tuesday after the first Monday in April of every

4-13  year in which a general city election is to be held, at which time there must

4-14  be nominated candidates for offices to be voted for at the next general city

4-15  election.

4-16    2.  A candidate for [any] :

4-17    (a) The office of municipal judge to be voted for at the primary city

4-18  election must file a declaration of candidacy with the city clerk not less

4-19  than 225 days nor more than 240 days before the date of the primary city

4-20  election;

4-21    (b) Any other office to be voted for at the primary city election must file

4-22  a declaration of candidacy with the city clerk not less than 60 days nor

4-23  more than 70 days before the date of the primary city election.

4-24  The city clerk shall charge and collect from the candidate and the candidate

4-25  must pay to the city clerk, at the time of filing the declaration of candidacy,

4-26  a filing fee in an amount fixed by the governing body of the city by

4-27  ordinance or resolution. The filing fees collected by the city clerk must be

4-28  deposited to the credit of the general fund of the city.

4-29    3.  All candidates, except as otherwise provided in NRS 266.220, must

4-30  be voted upon by the electors of the city at large.

4-31    4.  If, in a primary city election held in a city of the first or second

4-32  class, one candidate receives more than a majority of votes cast in that

4-33  election for the office for which he is a candidate, his name alone must be

4-34  placed on the ballot for the general city election. If, in the primary city

4-35  election, no candidate receives a majority of votes cast in that election for

4-36  the office for which he is a candidate, the names of the two candidates

4-37  receiving the highest number of votes must be placed on the ballot for the

4-38  general city election.

4-39    Sec. 4.  NRS 293C.185 is hereby amended to read as follows:

4-40    293C.185  1.  Except as otherwise provided in NRS 293C.190, a name

4-41  may not be printed on a ballot to be used at a primary city election, unless

4-42  the person named has filed a declaration of candidacy or an acceptance of

4-43  candidacy and paid the fee established by the governing body of the city

4-44  not earlier than :

4-45    (a) For a candidate for the office of municipal judge, 240 days before

4-46  the primary city election and not later than 5 p.m. on the 225th day

4-47  before the primary city election.

5-1    (b) For candidates for all other offices, 70 days before the primary city

5-2  election and not later than 5 p.m. on the 60th day before the primary city

5-3  election.

5-4    2.  A declaration of candidacy required to be filed by this section must

5-5  be in substantially the following form:

5-6  DECLARATION OF CANDIDACY OF ........ FOR THE

5-7  OFFICE OF ................

5-8  State of Nevada

5-9  City of..............

5-10  For the purpose of having my name placed on the official ballot as a

5-11  candidate for the office of ................, I, the undersigned ................, do

5-12  swear or affirm under penalty of perjury that I actually, as opposed to

5-13  constructively, reside at ......................, in the City or Town of ................,

5-14  County of .................., State of Nevada; that my actual, as opposed to

5-15  constructive, residence in the city, township or other area prescribed by law

5-16  to which the office pertains began on a date at least 30 days immediately

5-17  preceding the date of the close of filing of declarations of candidacy for

5-18  this office; that if nominated as a candidate at the ensuing election , I will

5-19  accept the nomination and not withdraw; that I will not knowingly violate

5-20  any election law or any law defining and prohibiting corrupt and fraudulent

5-21  practices in campaigns and elections in this state; that I will qualify for the

5-22  office if elected thereto, including, but not limited to, complying with any

5-23  limitation prescribed by the constitution and laws of this state concerning

5-24  the number of years or terms for which a person may hold the office; and

5-25  my name will appear on all ballots as designated in this declaration.

5-26  ...............................

5-27                                              (Designation of name)

5-28  ...............................

5-29                             (Signature of candidate for office)

5-30  Subscribed and sworn to before me

5-31  this ..... day of the month of ......... of

5-32  the year ......

5-33  ....................................

5-34  Notary Public or other person

5-35  authorized to administer an oath

5-36    3.  A person may be a candidate under his given name and surname, a

5-37  contraction or familiar form of his given name followed by his surname or

5-38  the initial of his given name followed by his surname. A nickname of not

5-39  more than 10 letters may be incorporated into a candidate’s name. The

5-40  nickname must be in quotation marks and appear immediately before the

5-41  candidate’s surname. A nickname must not indicate any political,

5-42  economic, social or religious view or affiliation and must not be the name

5-43  of any person, living or dead, whose reputation is known on a statewide,

5-44  nationwide or worldwide basis, or in any other manner deceive a voter

5-45  concerning the person or principles for which he is voting.

5-46    4.  The address of a candidate that must be included in the declaration

5-47  or acceptance of candidacy pursuant to subsection 2 must be the street

5-48  address of the residence where he actually, as opposed to constructively,

5-49  resides in accordance with NRS 281.050, if one has been assigned. The

6-1  declaration or acceptance of candidacy must not be accepted for filing if

6-2  the candidate’s address is listed as a post office box unless a street address

6-3  has not been assigned to his residence.

6-4    Sec. 5.  This act becomes effective upon passage and approval.

 

6-5  H