Assembly Bill No. 440–Assemblywoman Von Tobel

 

CHAPTER..........

 

AN ACT relating to the Moapa Valley Water District; revising the provisions governing the qualifications and election of members of the governing board of the district; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Section 5 of chapter 477, Statutes of Nevada 1983, as last

amended by chapter 175, Statutes of Nevada 1999, at page 886, is hereby

amended to read as follows:

   Sec. 5. 1.  The members of the board must be elected at a

general district election held in conjunction with the general election

of Clark County. The office of a member of the board is

nonpartisan. Except as otherwise provided in section 6 of this

chapter, each member of the board shall serve a term of 4 years.

   2.  Except as otherwise provided in subsection 4, the election areas

for the district must be the election precincts of Moapa-Glendale,

Logandale and Overton.

   3.  At the general district election next preceding the expiration of

the terms of office of members of the board, there must be elected

respective members of the board representing the election areas of the

district.

   4.  The board shall adjust the number of representatives or election

areas, or both, of the district whenever necessary to ensure, as nearly

as practicable, equal representation upon the board for all registered

voters residing within the service area.

   Sec. 2.  Section 6 of chapter 477, Statutes of Nevada 1983, as amended

by chapter 175, Statutes of Nevada 1999, at page 887, is hereby amended

to read as follows:

   Sec. 6.  1.  Each member of the board must:

   (a) [Reside] Actually, as opposed to constructively, reside in the

election area represented for at least [6 months before the election at

which the member is elected;] 30 days immediately preceding the

date of the close of filing of declarations of candidacy as set forth in

section 7 of this chapter;

   (b) Be a qualified elector of the election area represented; and

   (c) Take office upon qualification therefor as provided in

subsection 2, or on the first Monday in January next following the

member’s election, whichever is later, and leave office upon the first

Monday in January next following the election of the member’s

successor in office.

   2.  Before taking office, each member of the board must qualify

by filing with the clerk of Clark County:

   (a) An oath of office taken and subscribed in the manner

prescribed by the clerk; and

   (b) A corporate surety bond, at the expense of the district, in an

amount determined by the clerk, but no greater than $10,000, which

bond must guarantee the faithful performance of the duties of the

member.

   3.  A vacancy on the board must be filled by an appointment made

by the remaining members of the board. The person so appointed

must be , for the 30 days immediately preceding the date of

appointment, a resident and elector of the election area represented,

and, before taking office, qualify in the manner prescribed in

subsection 2. The person shall serve until the first Monday in January

following the next general district election. If that general district

election precedes the expiration of the term of the member whose

absence required the appointment, the balance of that term must be

filled at that general district election in the same manner as prescribed

for the election of other members of the board. If the board fails,

neglects or refuses to fill a vacancy within 30 days after a vacancy

occurs, the board of county commissioners of Clark County shall fill

the vacancy.

   Sec. 3.  Section 7 of chapter 477, Statutes of Nevada 1983, as amended

by chapter 608, Statutes of Nevada 1987, at page 1458, is hereby amended

to read as follows:

   Sec. 7. 1.  Unless otherwise required for purposes of an election

to incur an indebtedness, the registrar of voters of Clark County shall

conduct, supervise and, by ordinance, regulate all district elections in

accordance, as nearly as practicable, with the general election laws of

the state , including , but not limited to , laws relating to the time of

opening and closing of polls, the manner of conducting the election,

the canvassing, announcement and certification of results , and the

preparation and disposition of ballots.

   2.  [At least 60 days before the election, a] A candidate for

election to the board shall file a declaration of candidacy with the

registrar of voters of Clark County. The declaration of candidacy

must be filed not earlier than the first Monday in May of the year in

which the election is to be held and not later than 5 p.m. on the third

Monday in May of that year. Timely filing of such a declaration is a

prerequisite to election.

   3.  Each member of the board must be elected by a plurality of the

registered voters voting in the election area which the member

represents. If there are two seats upon the board to be filled at the

same election, each of which represents the same election area, the

two candidates therefor receiving the highest number of votes,

respectively, are elected.

   4.  If a member of the board is unopposed in seeking reelection,

the board may declare that member elected without a formal election,

but that member must not participate in the declaration.

   5.  If no person files candidacy for election to a particular seat

upon the board, the seat must be filled in the manner of filling a

vacancy.

   Sec. 4.  This act becomes effective on July 1, 2001.

 

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