requires two-thirds majority vote (§§ 1, 2)                                                                                                            

                                                                                                  

 

Assembly Bill No. 285–Assemblymen Koivisto, McClain, Chowning, Conklin, Ohrenschall, Anderson, Buckley, Carpenter, Collins, Manendo, McCleary, Oceguera, Parks, Pierce, Sherer and Williams

 

March 11, 2003

____________

 

Joint Sponsor: Senator Carlton

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions regarding filing of declaration of candidacy or acceptance of candidacy. (BDR 24‑705)

 

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; requiring a declaration of candidacy or acceptance of candidacy to be accompanied by a completed fingerprint card, authorization for an investigation and fee for the investigation; requiring a declaration of candidacy or acceptance of candidacy to include a statement that the declarant is a qualified elector and, if he has been convicted of a felony, that his civil rights have been restored; prohibiting a filing officer from accepting a declaration of candidacy or acceptance of candidacy if the candidate has not presented certain identification; 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

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

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

2-1  acceptance of candidacy, [and] accompanied by completed

2-2  fingerprint cards, an authorization and a fee as required by

2-3  subsection 5, and has paid the fee required by NRS 293.193 not

2-4  earlier than the first Monday in May of the year in which the

2-5  election is to be held nor later than 5 p.m. on the third Monday in

2-6  May.

2-7  2.  A declaration of candidacy or an acceptance of candidacy

2-8  required to be filed by this section must be in substantially the

2-9  following form:

2-10      (a) For partisan office:

 

2-11  Declaration of Candidacy of ........ for the

2-12  Office of ................

 

2-13  State of Nevada

 

2-14  County of........................  

 

2-15  For the purpose of having my name placed on the official ballot as a

2-16  candidate for the ................ Party nomination for the office of

2-17  ………, I, the undersigned …….., do swear or affirm under penalty

2-18  of perjury that I actually, as opposed to constructively, reside at

2-19  ………., in the City or Town of ……., County of ………., State of

2-20  Nevada; that my actual, as opposed to constructive, residence in the

2-21  state, district, county, township, city or other area prescribed by law

2-22  to which the office pertains began on a date at least 30 days

2-23  immediately preceding the date of the close of filing of declarations

2-24  of candidacy for this office; that my telephone number is ............,

2-25  and the address at which I receive mail, if different than my

2-26  residence, is .........; that I am registered as a member of the

2-27  ................ Party; that I am a qualified elector pursuant to Section 1

2-28  of Article 2 of the Constitution of the State of Nevada; that if I

2-29  have ever been convicted of treason or a felony, my civil rights

2-30  have been restored by a court of competent jurisdiction; that I have

2-31  not, in violation of the provisions of NRS 293.176, changed the

2-32  designation of my political party or political party affiliation on an

2-33  official application to register to vote in any state since September 1

2-34  before the closing filing date for this election; that I generally

2-35  believe in and intend to support the concepts found in the principles

2-36  and policies of that political party in the coming election; that if

2-37  nominated as a candidate of the ................ Party at the ensuing

2-38  election, I will accept that nomination and not withdraw; that I will

2-39  not knowingly violate any election law or any law defining and

2-40  prohibiting corrupt and fraudulent practices in campaigns and

2-41  elections in this state; that I will qualify for the office if elected

3-1  thereto, including, but not limited to, complying with any limitation

3-2  prescribed by the Constitution and laws of this state concerning the

3-3  number of years or terms for which a person may hold the office;

3-4  and that I understand that my name will appear on all ballots as

3-5  designated in this declaration.

 

3-6                                                                               .........................................

3-7                                        (Designation of name)

 

3-8                                                                               .........................................

3-9                                     (Signature of candidate for office)

 

3-10  Subscribed and sworn to before

3-11  me this ..... day of the month of ……… of the year ……

 

3-12  .....................................................

3-13  Notary Public or other person

3-14  authorized to administer an oath

 

3-15      (b) For nonpartisan office:

 

3-16  Declaration of Candidacy of ........ for the

3-17  Office of ................

 

3-18  State of Nevada

 

3-19  County of.................

 

3-20  For the purpose of having my name placed on the official ballot as a

3-21  candidate for the office of ................, I, the undersigned ................,

3-22  do swear or affirm under penalty of perjury that I actually, as

3-23  opposed to constructively, reside at ………, in the City or Town of

3-24  ……., County of ………, State of Nevada; that my actual, as

3-25  opposed to constructive, residence in the state, district, county,

3-26  township, city or other area prescribed by law to which the office

3-27  pertains began on a date at least 30 days immediately preceding the

3-28  date of the close of filing of declarations of candidacy for this

3-29  office; that my telephone number is ..........., and the address at

3-30  which I receive mail, if different than my residence, is ..........; that I

3-31  am a qualified elector pursuant to Section 1 of Article 2 of the

3-32  Constitution of the State of Nevada; that if I have ever been

3-33  convicted of treason or a felony, my civil rights have been restored

3-34  by a court of competent jurisdiction; that if nominated as a

3-35  nonpartisan candidate at the ensuing election, I will accept the

3-36  nomination and not withdraw; that I will not knowingly violate any

3-37  election law or any law defining and prohibiting corrupt and

4-1  fraudulent practices in campaigns and elections in this state; that I

4-2  will qualify for the office if elected thereto, including, but not

4-3  limited to, complying with any limitation prescribed by the

4-4  Constitution and laws of this state concerning the number of years

4-5  or terms for which a person may hold the office; and my name will

4-6  appear on all ballots as designated in this declaration.

 

4-7                                                                               .........................................

4-8                                        (Designation of name)

 

4-9                                                                               .........................................

4-10                                     (Signature of candidate for office)

 

4-11  Subscribed and sworn to before

4-12  me this ..... day of the month of ……… of the year ……

 

4-13  .....................................................

4-14  Notary Public or other person

4-15  authorized to administer an oath

 

4-16      3.  A person may be a candidate under his given name and

4-17  surname, a contraction or familiar form of his given name followed

4-18  by his surname or the initial of his given name followed by his

4-19  surname. A nickname of not more than 10 letters may be

4-20  incorporated into a candidate’s name. The nickname must be in

4-21  quotation marks and appear immediately before the candidate’s

4-22  surname. A nickname must not indicate any political, economic,

4-23  social or religious view or affiliation and must not be the name of

4-24  any person, living or dead, whose reputation is known on a

4-25  statewide, nationwide or worldwide basis, or in any other manner

4-26  deceive a voter regarding the person or principles for which he is

4-27  voting.

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

4-29  declaration of candidacy or acceptance of candidacy pursuant to

4-30  subsection 2 must be the street address of the residence where he

4-31  actually, as opposed to constructively, resides in accordance with

4-32  NRS 281.050, if one has been assigned. The declaration or

4-33  acceptance of candidacy must not be accepted for filing if [the] :

4-34      (a) The candidate’s address is listed as a post office box unless a

4-35  street address has not been assigned to his residence[.

4-36      5.] ; or

4-37      (b) The candidate does not present to the filing officer:

4-38          (1) A valid driver’s license or identification card issued by a

4-39  governmental agency that contains a photograph of the candidate

4-40  and the candidate’s address; or

5-1       (2) A current utility bill, bank statement, paycheck, or

5-2  document issued by a governmental entity, including, without

5-3  limitation, a check, which indicates the candidate’s name and

5-4  address.

5-5  5.  A declaration or acceptance of candidacy filed pursuant to

5-6  this section must be accompanied by:

5-7  (a) Completed fingerprint cards;

5-8  (b) A form authorizing an investigation of the candidate’s

5-9  background and the submission of his fingerprints to the Central

5-10  Repository for Nevada Records of Criminal History and the

5-11  Federal Bureau of Investigation; and

5-12      (c) The fee established pursuant to subsection 7 for processing

5-13  the fingerprints.

5-14      6.  The fingerprint cards and authorization form submitted

5-15  pursuant to subsection 5 must be those which are provided to the

5-16  applicant by the filing officer. The candidate’s fingerprints must

5-17  be taken by an agency of law enforcement.

5-18      7.   The Secretary of State shall by regulation establish the fee

5-19  to be paid by a candidate for processing his fingerprints if the

5-20  fingerprints are submitted to the Secretary of State. The board of

5-21  county commissioners of a county shall establish the fee to be paid

5-22  by a candidate for processing his fingerprints if the fingerprints

5-23  are submitted to the county clerk of the county. A fee established

5-24  pursuant to this subsection:

5-25      (a) Must not exceed the sum of the amounts charged by the

5-26  Central Repository for Nevada Records of Criminal History and

5-27  the Federal Bureau of Investigation for processing the

5-28  fingerprints; and

5-29      (b) Must be deposited to the credit of:

5-30          (1) The State General Fund, if the fee is collected by the

5-31  Secretary of State; and

5-32          (2) The general fund of the appropriate county, if the fee is

5-33  collected by the county clerk of the county.

5-34      8.  The filing officer shall keep the results of the investigation

5-35  pursuant to subsections 5 and 6 confidential, and the results are

5-36  not subject to inspection by the general public.

5-37      9.  By filing the declaration or acceptance of candidacy, the

5-38  candidate shall be deemed to have appointed the filing officer for

5-39  the office as his agent for service of process for the purposes of a

5-40  proceeding pursuant to NRS 293.182. Service of such process must

5-41  first be attempted at the appropriate address as specified by the

5-42  candidate in the declaration or acceptance of candidacy. If the

5-43  candidate cannot be served at that address, service must be made by

5-44  personally delivering to and leaving with the filing officer duplicate

5-45  copies of the process. The filing officer shall immediately send, by

6-1  registered or certified mail, one of the copies to the candidate at his

6-2  specified address, unless the candidate has designated in writing to

6-3  the filing officer a different address for that purpose, in which case

6-4  the filing officer shall mail the copy to the last address so

6-5  designated.

6-6  Sec. 2.  NRS 293C.185 is hereby amended to read as follows:

6-7  293C.185  1.  Except as otherwise provided in NRS 293C.190,

6-8  a name may not be printed on a ballot to be used at a primary city

6-9  election, unless the person named has filed a declaration of

6-10  candidacy or an acceptance of candidacy , accompanied by

6-11  completed fingerprint cards, an authorization and a fee as

6-12  required by subsection 5, and has paid the fee established by the

6-13  governing body of the city not earlier than 70 days before the

6-14  primary city election and not later than 5 p.m. on the 60th day

6-15  before the primary city election.

6-16      2.  A declaration of candidacy required to be filed by this

6-17  section must be in substantially the following form:

 

6-18  Declaration of Candidacy of ........ for the

6-19  Office of ................

 

6-20  State of Nevada

 

6-21  City of.................

 

6-22  For the purpose of having my name placed on the official ballot as a

6-23  candidate for the office of ................, I, the undersigned ................,

6-24  do swear or affirm under penalty of perjury that I actually, as

6-25  opposed to constructively, reside at ......................, in the City or

6-26  Town of ................, County of .................., State of Nevada; that my

6-27  actual, as opposed to constructive, residence in the city, township or

6-28  other area prescribed by law to which the office pertains began on a

6-29  date at least 30 days immediately preceding the date of the close of

6-30  filing of declarations of candidacy for this office; that my telephone

6-31  number is …….., and the address at which I receive mail, if

6-32  different than my residence, is ……….; that I am a qualified

6-33  elector pursuant to Section 1 of Article 2 of the Constitution of the

6-34  State of Nevada; that if I have ever been convicted of treason or a

6-35  felony, my civil rights have been restored by a court of competent

6-36  jurisdiction; that if nominated as a candidate at the ensuing election

6-37  I will accept the nomination and not withdraw; that I will not

6-38  knowingly violate any election law or any law defining and

6-39  prohibiting corrupt and fraudulent practices in campaigns and

6-40  elections in this state; that I will qualify for the office if elected

6-41  thereto, including, but not limited to, complying with any limitation

7-1  prescribed by the Constitution and laws of this state concerning the

7-2  number of years or terms for which a person may hold the office;

7-3  and my name will appear on all ballots as designated in this

7-4  declaration.

 

7-5                                                                               .........................................

7-6                                        (Designation of name)

 

7-7                                                                               .........................................

7-8                                     (Signature of candidate for office)

 

7-9  Subscribed and sworn to before

7-10  me this ..... day of the month of ……… of the year ……

 

7-11  .....................................................

7-12  Notary Public or other person

7-13  authorized to administer an oath

 

7-14      3.  A person may be a candidate under his given name and

7-15  surname, a contraction or familiar form of his given name followed

7-16  by his surname or the initial of his given name followed by his

7-17  surname. A nickname of not more than 10 letters may be

7-18  incorporated into a candidate’s name. The nickname must be in

7-19  quotation marks and appear immediately before the candidate’s

7-20  surname. A nickname must not indicate any political, economic,

7-21  social or religious view or affiliation and must not be the name of

7-22  any person, living or dead, whose reputation is known on a

7-23  statewide, nationwide or worldwide basis, or in any other manner

7-24  deceive a voter concerning the person or principles for which he is

7-25  voting.

7-26      4.  The address of a candidate that must be included in the

7-27  declaration or acceptance of candidacy pursuant to subsection 2

7-28  must be the street address of the residence where he actually, as

7-29  opposed to constructively, resides in accordance with NRS 281.050,

7-30  if one has been assigned. The declaration or acceptance of

7-31  candidacy must not be accepted for filing if [the] :

7-32      (a) The candidate’s address is listed as a post office box unless a

7-33  street address has not been assigned to his residence[.

7-34      5.] ; or

7-35      (b) The candidate does not present to the filing officer:

7-36          (1) A valid driver’s license or identification card issued by a

7-37  governmental agency that contains a photograph of the candidate

7-38  and the candidate’s address; or

7-39          (2) A current utility bill, bank statement, paycheck, or

7-40  document issued by a governmental entity, including, without

8-1  limitation, a check, which indicates the candidate’s name and

8-2  address.

8-3  5.  A declaration or acceptance of candidacy filed pursuant to

8-4  this section must be accompanied by:

8-5  (a) Completed fingerprint cards;

8-6  (b) A form authorizing an investigation of the candidate’s

8-7  background and the submission of his fingerprints to the Central

8-8  Repository for Nevada Records of Criminal History and to the

8-9  Federal Bureau of Investigation; and

8-10      (c) The fee established pursuant to subsection 7 for processing

8-11  the fingerprints.

8-12      6.  The fingerprint cards and authorization form submitted

8-13  pursuant to subsection 5 must be those which are provided to the

8-14  applicant by the filing officer. The candidate’s fingerprints must

8-15  be taken by an agency of law enforcement.

8-16      7.  The governing body of the city shall establish a fee to be

8-17  paid by the candidate for processing his fingerprints which:

8-18      (a) Must not exceed the sum of the amounts charged by the

8-19  Central Repository for Nevada Records of Criminal History and

8-20  the Federal Bureau of Investigation for processing the

8-21  fingerprints; and

8-22      (b) Must be deposited to the credit of the general fund of the

8-23  city.

8-24      8.  The filing officer shall keep the results of the investigation

8-25  pursuant to subsections 5 and 6 confidential, and the results are

8-26  not subject to inspection by the general public.

8-27      9.  By filing the declaration or acceptance of candidacy, the

8-28  candidate shall be deemed to have appointed the city clerk as his

8-29  agent for service of process for the purposes of a proceeding

8-30  pursuant to NRS 293C.186. Service of such process must first be

8-31  attempted at the appropriate address as specified by the candidate in

8-32  the declaration or acceptance of candidacy. If the candidate cannot

8-33  be served at that address, service must be made by personally

8-34  delivering to and leaving with the city clerk duplicate copies of the

8-35  process. The city clerk shall immediately send, by registered or

8-36  certified mail, one of the copies to the candidate at his specified

8-37  address, unless the candidate has designated in writing to the city

8-38  clerk a different address for that purpose, in which case the city

8-39  clerk shall mail the copy to the last address so designated.

 

8-40  H