2001 REGULAR SESSION (71st) A AB487 314
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, line 10, after “residency.” by inserting:
“Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.”.
Amend sec. 2, page 1, line 12, by deleting “and”.
Amend sec. 2, page 1, by deleting line 13 and inserting:
“(b) Have attached all documentation and evidence supporting the challenge; and
(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.”.
Amend sec. 2, page 2, by deleting lines 5 through 13 and inserting:
“4. If the attorney general or district attorney determines that probable cause exists to support the challenge, the attorney general or district attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:”.
Amend sec. 2, page 2, between lines 19 and 20, by inserting:
“6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.”.
Amend the bill as a whole by renumbering sections 6 through 8 as sections 7 through 9 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
County of ...................................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ........., I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .........., in the City or Town of ......., County of .........., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is …….., and the address at which I receive mail, if different than my residence, is ……….; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election , I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
...........................................................
(Designation of name)
...........................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ........ of the year....
.......................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
County of ...................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ........., in the City or Town of ......., County of ........., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is …….., and the address at which I receive mail, if different than my residence, is ……….; that if nominated as a nonpartisan candidate at the ensuing election , I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
...........................................................
(Designation of name)
...........................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ........ of the year ....
.......................................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.
5. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to section 2 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.”.
Amend sec. 6, page 3, line 16, by deleting:
“7 and 8” and inserting:
“8 and 9”.
Amend sec. 7, page 3, line 24, after “residency.” by inserting:
“Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.”.
Amend sec. 7, page 3, line 26, by deleting “and”.
Amend sec. 7, page 3, by deleting line 27 and inserting:
“(b) Have attached all documentation and evidence supporting the challenge; and
(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.”.
Amend sec. 7, page 3, by deleting lines 30 through 37 and inserting:
“4. If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:”.
Amend sec. 7, page 3, between lines 43 and 44, by inserting:
“6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.”.
Amend the bill as a whole by renumbering sections 9 through 11 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 8, to read as follows:
“Sec. 10. NRS 293C.185 is hereby amended to read as follows:
293C.185 1. Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.
2. A declaration of candidacy required to be filed by this section must be in substantially the following form:
DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
City of...........................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ......................, in the City or Town of ................, County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is …….., and the address at which I receive mail, if different than my residence, is ……….; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election , law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
.................................................................
(Designation of name)
.................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ......... of the year ......
.......................................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.
4. The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.
5. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his agent for service of process for the purposes of a proceeding pursuant to section 8 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.”.
Amend sec. 10, page 5, line 11, by deleting “7” and inserting “8”.
Amend the title of the bill, second line, after “office;” by inserting:
“providing that a candidate for office is deemed to have designated the filing officer for his office as his agent for service of process for such challenges; revising the form for declaration or acceptance of candidacy;”.