Assembly Bill No. 344–Assemblyman Perkins

 

March 17, 2003

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Provides for special election to fill vacancy in office of Representative in Congress in event of catastrophe. (BDR 24‑648)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; providing for a special election to fill a vacancy in the office of Representative in Congress in the event of certain catastrophes; 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. Chapter 304 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 8, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless

1-5  the context otherwise requires, the words and terms defined in

1-6  sections 3, 4 and 5 of this act have the meanings ascribed to them

1-7  in those sections.

1-8  Sec. 3.  “Catastrophe” means a natural or man-made event

1-9  that causes a vacancy in at least one-fourth of the total number of

1-10  offices in the United States House of Representatives, including

1-11  any number of offices representing the State of Nevada, or at least

1-12  one-half of the total number of offices representing the State of

1-13  Nevada.

1-14      Sec. 4.  “Disappearance” means the inability to establish

1-15  conclusively whether a Representative in Congress has survived a

1-16  catastrophe.

2-1  Sec. 5.  “Vacancy” means the death or disappearance, as a

2-2  result of a catastrophe, of a Representative in Congress.

2-3  Sec. 6.  In the event of a catastrophe, the Governor shall

2-4  issue an election proclamation calling for a special election to fill

2-5  a vacancy in the office of Representative in Congress. The

2-6  Governor shall specify the date of the special election in the

2-7  proclamation. The election must be conducted on a Tuesday at

2-8  least 56 days, but not more than 63 days, following the issuance of

2-9  the election proclamation, except that the special election may be

2-10  conducted within 90 days following the proclamation in order to

2-11  consolidate the special election with the next regularly scheduled:

2-12      1.  Statewide election; or

2-13      2.  Local election occurring wholly or partially within the

2-14  same territory in which the vacancy exists, if the voters eligible to

2-15  vote in the local election comprise at least 50 percent of all the

2-16  voters eligible to vote on the vacancy.

2-17      Sec. 7.  1.  If the Governor issues an election proclamation

2-18  calling for a special election pursuant to section 6 of this act, no

2-19  primary election may be held. Except as otherwise provided in this

2-20  subsection, a candidate must be nominated in the manner

2-21  provided in chapter 293 of NRS and must file a declaration or

2-22  acceptance of candidacy within the time prescribed by the

2-23  Secretary of State pursuant to NRS 293.204. A candidate of a

2-24  major political party is nominated by filing a declaration or

2-25  acceptance of candidacy within the time prescribed by the

2-26  Secretary of State pursuant to NRS 293.204. A minor political

2-27  party that wishes to place its candidates on the ballot must file a

2-28  list of its candidates with the Secretary of State not more than 46

2-29  days before the special election and not less than 32 days before

2-30  the special election. To have his name appear on the ballot, an

2-31  independent candidate must file his petition of candidacy with the

2-32  appropriate filing officer not more than 46 days before the special

2-33  election and not less than 32 days before the special election.

2-34      2.  Except as otherwise provided in sections 2 to 8, inclusive,

2-35  of this act:

2-36      (a) The election must be conducted pursuant to the provisions

2-37  of chapter 293 of NRS.

2-38      (b) The general election laws of this state apply to the election.

2-39      Sec. 8.  The Secretary of State shall adopt such regulations as

2-40  are necessary for conducting elections pursuant to the provisions

2-41  of sections 2 to 8, inclusive, of this act.

2-42      Sec. 9.  NRS 304.040 is hereby amended to read as follows:

2-43      304.040  [Party] Except as otherwise provided in sections 2 to

2-44  8, inclusive, of this act, party candidates for Representative in

3-1  Congress shall be nominated in the same manner as state officers are

3-2  nominated.

3-3  Sec. 10.  This act becomes effective upon passage and

3-4  approval.

 

3-5  H