(Reprinted with amendments adopted on April 17, 2003)

 

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 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; making various changes concerning investigations to determine whether a candidate has been convicted of a felony and, if so, whether he has had his civil rights restored; 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

1-5  acceptance of candidacy, and has paid the fee required by NRS

2-1  293.193 not earlier than the first Monday in May of the year in

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

2-3  Monday in May.

2-4  2.  A declaration of candidacy or an acceptance of candidacy

2-5  required to be filed by this section must be in substantially the

2-6  following form:

2-7  (a) For partisan office:

 

2-8  Declaration of Candidacy of ........ for the

2-9  Office of ................

 

2-10  State of Nevada

 

2-11  County of........................  

 

2-12  For the purpose of having my name placed on the official ballot as a

2-13  candidate for the ................ Party nomination for the office of

2-14  ………, I, the undersigned …….., do swear or affirm under penalty

2-15  of perjury that I actually, as opposed to constructively, reside at

2-16  ………., in the City or Town of ……., County of ………., State of

2-17  Nevada; that my actual, as opposed to constructive, residence in the

2-18  state, district, county, township, city or other area prescribed by law

2-19  to which the office pertains began on a date at least 30 days

2-20  immediately preceding the date of the close of filing of declarations

2-21  of candidacy for this office; that my telephone number is ............,

2-22  and the address at which I receive mail, if different than my

2-23  residence, is .........; that I am registered as a member of the

2-24  ................ Party; that I am a qualified elector pursuant to Section 1

2-25  of Article 2 of the Constitution of the State of Nevada; that if I

2-26  have ever been convicted of treason or a felony, my civil rights

2-27  have been restored by a court of competent jurisdiction; that I have

2-28  not, in violation of the provisions of NRS 293.176, changed the

2-29  designation of my political party or political party affiliation on an

2-30  official application to register to vote in any state since September 1

2-31  before the closing filing date for this election; that I generally

2-32  believe in and intend to support the concepts found in the principles

2-33  and policies of that political party in the coming election; that if

2-34  nominated as a candidate of the ................ Party at the ensuing

2-35  election, I will accept that nomination and not withdraw; that I will

2-36  not knowingly violate any election law or any law defining and

2-37  prohibiting corrupt and fraudulent practices in campaigns and

2-38  elections in this state; that I will qualify for the office if elected

2-39  thereto, including, but not limited to, complying with any limitation

2-40  prescribed by the Constitution and laws of this state concerning the

2-41  number of years or terms for which a person may hold the office;

3-1  and that I understand that my name will appear on all ballots as

3-2  designated in this declaration.

 

3-3                                                                               .........................................

3-4                                        (Designation of name)

 

3-5                                                                               .........................................

3-6                                     (Signature of candidate for office)

 

3-7  Subscribed and sworn to before

3-8  me this ..... day of the month of ……… of the year ……

 

3-9  ......................................................

3-10  Notary Public or other person

3-11  authorized to administer an oath

 

3-12      (b) For nonpartisan office:

 

3-13  Declaration of Candidacy of ........ for the

3-14  Office of ................

 

3-15  State of Nevada

 

3-16  County of.................

 

3-17  For the purpose of having my name placed on the official ballot as a

3-18  candidate for the office of ................, I, the undersigned ................,

3-19  do swear or affirm under penalty of perjury that I actually, as

3-20  opposed to constructively, reside at ………, in the City or Town of

3-21  ……., County of ………, State of Nevada; that my actual, as

3-22  opposed to constructive, residence in the state, district, county,

3-23  township, city or other area prescribed by law to which the office

3-24  pertains began on a date at least 30 days immediately preceding the

3-25  date of the close of filing of declarations of candidacy for this

3-26  office; that my telephone number is ..........., and the address at

3-27  which I receive mail, if different than my residence, is ..........; that I

3-28  am a qualified elector pursuant to Section 1 of Article 2 of the

3-29  Constitution of the State of Nevada; that if I have ever been

3-30  convicted of treason or a felony, my civil rights have been restored

3-31  by a court of competent jurisdiction; that if nominated as a

3-32  nonpartisan candidate at the ensuing election, I will accept the

3-33  nomination and not withdraw; that I will not knowingly violate any

3-34  election law or any law defining and prohibiting corrupt and

3-35  fraudulent practices in campaigns and elections in this state; that I

3-36  will qualify for the office if elected thereto, including, but not

3-37  limited to, complying with any limitation prescribed by the

4-1  Constitution and laws of this state concerning the number of years

4-2  or terms for which a person may hold the office; and my name will

4-3  appear on all ballots as designated in this declaration.

 

4-4                                                                               .........................................

4-5                                        (Designation of name)

 

4-6                                                                               .........................................

4-7                                     (Signature of candidate for office)

 

4-8  Subscribed and sworn to before

4-9  me this ..... day of the month of ……… of the year ……

 

4-10  .....................................................

4-11  Notary Public or other person

4-12  authorized to administer an oath

 

4-13      3.  A person may be a candidate under his given name and

4-14  surname, a contraction or familiar form of his given name followed

4-15  by his surname or the initial of his given name followed by his

4-16  surname. A nickname of not more than 10 letters may be

4-17  incorporated into a candidate’s name. The nickname must be in

4-18  quotation marks and appear immediately before the candidate’s

4-19  surname. A nickname must not indicate any political, economic,

4-20  social or religious view or affiliation and must not be the name of

4-21  any person, living or dead, whose reputation is known on a

4-22  statewide, nationwide or worldwide basis, or in any other manner

4-23  deceive a voter regarding the person or principles for which he is

4-24  voting.

4-25      4.  The address of a candidate which must be included in the

4-26  declaration of candidacy or acceptance of candidacy pursuant to

4-27  subsection 2 must be the street address of the residence where he

4-28  actually, as opposed to constructively, resides in accordance with

4-29  NRS 281.050, if one has been assigned. The declaration or

4-30  acceptance of candidacy must not be accepted for filing if [the] :

4-31      (a) The candidate’s address is listed as a post office box unless a

4-32  street address has not been assigned to his residence [.] ; or

4-33      (b) The candidate does not present to the filing officer:

4-34          (1) A valid driver’s license or identification card issued by a

4-35  governmental agency that contains a photograph of the candidate

4-36  and the candidate’s address; or

4-37          (2) A current utility bill, bank statement, paycheck, or

4-38  document issued by a governmental entity, including, without

4-39  limitation, a check, which indicates the candidate’s name and

4-40  address.

5-1  5.  By filing the declaration or acceptance of candidacy, the

5-2  candidate shall be deemed to have appointed the filing officer for

5-3  the office as his agent for service of process for the purposes of a

5-4  proceeding pursuant to NRS 293.182. Service of such process must

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

5-6  candidate in the declaration or acceptance of candidacy. If the

5-7  candidate cannot be served at that address, service must be made by

5-8  personally delivering to and leaving with the filing officer duplicate

5-9  copies of the process. The filing officer shall immediately send, by

5-10  registered or certified mail, one of the copies to the candidate at his

5-11  specified address, unless the candidate has designated in writing to

5-12  the filing officer a different address for that purpose, in which case

5-13  the filing officer shall mail the copy to the last address so

5-14  designated.

5-15      6.  If the filing officer receives credible evidence indicating

5-16  that a candidate has been convicted of a felony and has not had

5-17  his civil rights restored by a court of competent jurisdiction, the

5-18  filing officer:

5-19      (a) May conduct an investigation to determine whether the

5-20  candidate has been convicted of a felony and, if so, whether he has

5-21  had his civil rights restored by a court of competent jurisdiction;

5-22  and

5-23      (b) Shall transmit the credible evidence and the findings from

5-24  such investigation to the Attorney General, if the filing officer is

5-25  the Secretary of State, or to the district attorney, if the filing

5-26  officer is a person other than the Secretary of State.

5-27      7.  The receipt of information by the Attorney General or

5-28  district attorney pursuant to subsection 6 must be treated as a

5-29  challenge of a candidate pursuant to subsections 4 and 5 of NRS

5-30  293.182. If the ballots are printed before a court of competent

5-31  jurisdiction makes a determination that a candidate has been

5-32  convicted of a felony and has not had his civil rights restored by a

5-33  court of competent jurisdiction, the filing officer must post a

5-34  notice at each polling place where the candidate’s name will

5-35  appear on the ballot informing the voters that the candidate is

5-36  disqualified from entering upon the duties of the office for which

5-37  the candidate filed the declaration of candidacy or acceptance of

5-38  candidacy.

5-39      Sec. 2.  NRS 293C.185 is hereby amended to read as follows:

5-40      293C.185  1.  Except as otherwise provided in NRS 293C.190,

5-41  a name may not be printed on a ballot to be used at a primary city

5-42  election, unless the person named has filed a declaration of

5-43  candidacy or an acceptance of candidacy and has paid the fee

5-44  established by the governing body of the city not earlier than 70

6-1  days before the primary city election and not later than 5 p.m. on the

6-2  60th day before the primary city election.

6-3  2.  A declaration of candidacy required to be filed by this

6-4  section must be in substantially the following form:

 

6-5  Declaration of Candidacy of ........ for the

6-6  Office of ................

 

6-7  State of Nevada

 

6-8  City of..................

 

6-9  For the purpose of having my name placed on the official ballot as a

6-10  candidate for the office of ................, I, the undersigned ................,

6-11  do swear or affirm under penalty of perjury that I actually, as

6-12  opposed to constructively, reside at ......................, in the City or

6-13  Town of ................, County of .................., State of Nevada; that my

6-14  actual, as opposed to constructive, residence in the city, township or

6-15  other area prescribed by law to which the office pertains began on a

6-16  date at least 30 days immediately preceding the date of the close of

6-17  filing of declarations of candidacy for this office; that my telephone

6-18  number is …….., and the address at which I receive mail, if

6-19  different than my residence, is ……….; that I am a qualified

6-20  elector pursuant to Section 1 of Article 2 of the Constitution of the

6-21  State of Nevada; that if I have ever been convicted of treason or a

6-22  felony, my civil rights have been restored by a court of competent

6-23  jurisdiction; that if nominated as a candidate at the ensuing election

6-24  I will accept the nomination and not withdraw; that I will not

6-25  knowingly violate any election law or any law defining and

6-26  prohibiting corrupt and fraudulent practices in campaigns and

6-27  elections in this state; that I will qualify for the office if elected

6-28  thereto, including, but not limited to, complying with any limitation

6-29  prescribed by the Constitution and laws of this state concerning the

6-30  number of years or terms for which a person may hold the office;

6-31  and my name will appear on all ballots as designated in this

6-32  declaration.

 

6-33                                                                               .........................................

6-34                                        (Designation of name)

 

6-35                                                                               .........................................

6-36                                     (Signature of candidate for office)

 

6-37  Subscribed and sworn to before

6-38  me this ..... day of the month of ……… of the year ……

 

7-1  ......................................................

7-2  Notary Public or other person

7-3  authorized to administer an oath

 

7-4  3.  A person may be a candidate under his given name and

7-5  surname, a contraction or familiar form of his given name followed

7-6  by his surname or the initial of his given name followed by his

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

7-8  incorporated into a candidate’s name. The nickname must be in

7-9  quotation marks and appear immediately before the candidate’s

7-10  surname. A nickname must not indicate any political, economic,

7-11  social or religious view or affiliation and must not be the name of

7-12  any person, living or dead, whose reputation is known on a

7-13  statewide, nationwide or worldwide basis, or in any other manner

7-14  deceive a voter concerning the person or principles for which he is

7-15  voting.

7-16      4.  The address of a candidate that must be included in the

7-17  declaration or acceptance of candidacy pursuant to subsection 2

7-18  must be the street address of the residence where he actually, as

7-19  opposed to constructively, resides in accordance with NRS 281.050,

7-20  if one has been assigned. The declaration or acceptance of

7-21  candidacy must not be accepted for filing if [the] :

7-22      (a) The candidate’s address is listed as a post office box unless a

7-23  street address has not been assigned to his residence [.] ; or

7-24      (b) The candidate does not present to the filing officer:

7-25          (1) A valid driver’s license or identification card issued by a

7-26  governmental agency that contains a photograph of the candidate

7-27  and the candidate’s address; or

7-28          (2) A current utility bill, bank statement, paycheck, or

7-29  document issued by a governmental entity, including, without

7-30  limitation, a check, which indicates the candidate’s name and

7-31  address.

7-32      5.  By filing the declaration or acceptance of candidacy, the

7-33  candidate shall be deemed to have appointed the city clerk as his

7-34  agent for service of process for the purposes of a proceeding

7-35  pursuant to NRS 293C.186. Service of such process must first be

7-36  attempted at the appropriate address as specified by the candidate in

7-37  the declaration or acceptance of candidacy. If the candidate cannot

7-38  be served at that address, service must be made by personally

7-39  delivering to and leaving with the city clerk duplicate copies of the

7-40  process. The city clerk shall immediately send, by registered or

7-41  certified mail, one of the copies to the candidate at his specified

7-42  address, unless the candidate has designated in writing to the city

7-43  clerk a different address for that purpose, in which case the city

7-44  clerk shall mail the copy to the last address so designated.

8-1  6.  If the city clerk receives credible evidence indicating that a

8-2  candidate has been convicted of a felony and has not had his civil

8-3  rights restored by a court of competent jurisdiction, the city clerk:

8-4  (a) May conduct an investigation to determine whether the

8-5  candidate has been convicted of a felony and, if so, whether he has

8-6  had his civil rights restored by a court of competent jurisdiction;

8-7  and

8-8  (b) Shall transmit the credible evidence and the findings from

8-9  such investigation to the city attorney.

8-10      7.  The receipt of information by the city attorney pursuant to

8-11  subsection 6 must be treated as a challenge of a candidate

8-12  pursuant to subsections 4 and 5 of NRS 293C.186. If the ballots

8-13  are printed before a court of competent jurisdiction makes a

8-14  determination that a candidate has been convicted of a felony and

8-15  has not had his civil rights restored by a court of competent

8-16  jurisdiction, the city clerk must post a notice at each polling place

8-17  where the candidate’s name will appear on the ballot informing

8-18  the voters that the candidate is disqualified from entering upon the

8-19  duties of the office for which the candidate filed the declaration of

8-20  candidacy or acceptance of candidacy.

 

8-21  H