Assembly Bill No. 59–Assemblyman Collins

Prefiled January 31, 2001

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Referred to Committee on Government Affairs

SUMMARY—Requires special election to fill certain vacancies on or offices of additional members of governing body of city. (BDR 21‑71)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: No.

CONTAINS UNFUNDED MANDATE (§ 1)

(Not Requested by Affected Local Government)

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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 cities; requiring a special election to fill a vacancy on or the office of an additional member of the governing body of a city in certain circumstances; 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 268.325 is hereby amended to read as follows:

1-2 268.325 [If]

1-3 1. Except as otherwise provided in this subsection, if a vacancy

1-4 occurs on the governing body of a city [,] or if the number of members of

1-5 the governing body is increased and no specific provision is made by law

1-6 for filling the office of any such additional member, the governing body

1-7 [may, in lieu of appointment,] shall declare by resolution a special election

1-8 to fill the [vacancy.] office. The governing body may, in lieu of declaring

1-9 a special election, fill a vacancy on or the office of such an additional

1-10 member by appointment pursuant to NRS 266.225 or the provisions of

1-11 the city charter, as appropriate, if:

1-12 (a) The remainder of the unexpired term created by the vacancy is less

1-13 than 1 year; or

1-14 (b) The number of members of the governing body is increased less

1-15 than 1 year before an election at which the office of such an additional

1-16 member would otherwise be filled.

1-17 2. The governing body shall set a date for a special election to be

1-18 held pursuant to this section not later than 15 days after the vacancy or

1-19 creation of the additional office occurs. The special election must be held

2-1 on a Tuesday at least 60 days but not more than 75 days after the date on

2-2 which the governing body set the date for the special election. An

2-3 affidavit of candidacy for the office to be filled must be filed with the city

2-4 clerk at least 30 days but not more than 45 days before the date of the

2-5 special election.

2-6 3. The city clerk shall:

2-7 (a) Within 5 days after the date on which the governing body set the

2-8 date for the special election, give notice of the date and purpose of the

2-9 special election; and

2-10 (b) Not later than 25 days before the date of the special election, cause

2-11 to be prepared a list of the names of persons who have filed affidavits of

2-12 candidacy for the office to be filled.

2-13 Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply

2-14 to any additional expenses of a local government that are related to the

2-15 provisions of this act.

2-16 H