Assembly Bill No. 211–Assemblymen de Braga, Gibbons, Neighbors, Parks, Bache, Beers, Carpenter, Cegavske, Chowning, Claborn, Collins, Goldwater, Koivisto, Lee, Marvel, McClain, Oceguera, Parnell and Price

 

February 22, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing election of candidate to partisan office. (BDR 24‑681)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to elections; removing the requirement that a candidate who receives a majority of the votes in a primary election under certain circumstances must be declared the sole nominee for such an office; 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 293.260 is hereby amended to read as follows:

1-2    293.260  1.  Where there is no contest for nomination to a particular

1-3  office, neither the title of the office nor the name of the candidate may

1-4  appear on the ballot.

1-5    2.  If more than one major political party has candidates for a particular

1-6  office, the persons who receive the highest number of votes at the primary

1-7  elections must be declared the nominees of those parties for the office.

1-8    3.  If only one major political party has candidates for a particular

1-9  office and a minor political party has nominated a candidate for the office

1-10  or an independent candidate has filed for the office, the candidate who

1-11  receives the highest number of votes in the primary election of the major

1-12  political party must be declared the nominee of that party and his name

1-13  must be placed on the general election ballot with the name of the nominee

1-14  of the minor political party for the office and the name of the independent

1-15  candidate who has filed for the office.

1-16    4.  If only one major political party has candidates for a particular

1-17  office , [and] no minor political party has nominated a candidate for the

1-18  office [or] and no independent candidate has filed for the office:

2-1    (a) If there are more candidates than twice the number to be elected to

2-2  the office, the names of the candidates must appear on the ballot for a

2-3  primary election. [Except as otherwise provided in this paragraph, the] The

2-4  candidates of that party who receive the highest number of votes in the

2-5  primary election, not to exceed twice the number to be elected to that office

2-6  at the general election, must be declared the nominees for the office. [If

2-7  only one candidate is to be elected to the office and a candidate receives a

2-8  majority of the votes in the primary election for that office, that candidate

2-9  must be declared the nominee for that office and his name must be placed

2-10  on the ballot for the general election.]

2-11    (b) If there are no more than twice the number of candidates to be

2-12  elected to the office, the candidates must, without a primary election, be

2-13  declared the nominees for the office.

2-14    5.  Where no more than the number of candidates to be elected have

2-15  filed for nomination for any office, the names of those candidates must be

2-16  omitted from all ballots for a primary election and placed on all ballots for

2-17  a general election.

2-18    6.  If there are more candidates than twice the number to be elected to a

2-19  nonpartisan office, the names of the candidates must appear on the ballot

2-20  for a primary election. Those candidates who receive the highest number of

2-21  votes at that election, not to exceed twice the number to be elected, must be

2-22  declared nominees for the office.

 

2-23  H