(Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 344–Assemblyman Perkins

 

March 17, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Provides for special election to fill vacancy in office of Representative in Congress. (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; requiring that the election be held sooner 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 7, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless

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

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

1-7  those sections.

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

1-9  that causes, by death or disappearance, a vacancy in at least one-

1-10  fourth of the total number of offices in the United States House of

1-11  Representatives, including any number of offices representing the

1-12  State of Nevada, or at least one-half of the total number of offices

1-13  representing the State of 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.  1.  In the event of a vacancy in the office of

2-2  Representative in Congress, the Governor shall, within 7 days

2-3  after the event giving rise to the vacancy, issue an election

2-4  proclamation calling for a special election to fill the vacancy. The

2-5  Governor shall specify the date of the special election in

2-6  the proclamation. Except as otherwise provided in subsection 2,

2-7  the election must be conducted:

2-8  (a) As soon as practicable after the issuance of the

2-9  proclamation;

2-10      (b) On a Tuesday; and

2-11      (c) Not more than 180 days after the issuance of the

2-12  proclamation. If the vacancy is caused by a catastrophe,

2-13  the election must be conducted not more than 90 days after the

2-14  issuance of the proclamation.

2-15      2.  A special election required pursuant to subsection 1 may

2-16  be consolidated with a statewide election or local election

2-17  scheduled to be conducted within 90 days after the issuance of the

2-18  proclamation. The special election may be consolidated with a

2-19  local election occurring wholly or partially within the same

2-20  territory in which the vacancy exists only if the voters eligible to

2-21  vote in the local election comprise at least 50 percent of all voters

2-22  eligible to vote on the vacancy.

2-23      Sec. 6.  1.  If the Governor issues an election proclamation

2-24  calling for a special election pursuant to section 5 of this act, no

2-25  primary election may be held. Except as otherwise provided in this

2-26  subsection, a candidate must be nominated in the manner

2-27  provided in chapter 293 of NRS and must file a declaration or

2-28  acceptance of candidacy within the time prescribed by the

2-29  Secretary of State pursuant to NRS 293.204, which must be

2-30  established to allow a sufficient amount of time for the mailing of

2-31  election ballots. A candidate of a major political party is

2-32  nominated by filing a declaration or acceptance of candidacy

2-33  within the time prescribed by the Secretary of State pursuant to

2-34  NRS 293.204. A minor political party that wishes to place its

2-35  candidates on the ballot must file a list of its candidates with the

2-36  Secretary of State not more than 46 days before the special

2-37  election and not less than 32 days before the special election. To

2-38  have his name appear on the ballot, an independent candidate

2-39  must file his petition of candidacy with the appropriate filing

2-40  officer not more than 46 days before the special election and not

2-41  less than 32 days before the special election.

2-42      2.  Except as otherwise provided in sections 2 to 7, inclusive,

2-43  of this act:

2-44      (a) The election must be conducted pursuant to the provisions

2-45  of chapter 293 of NRS.

3-1  (b) The general election laws of this state apply to the election.

3-2  Sec. 7.  The Secretary of State shall adopt such regulations as

3-3  are necessary for conducting elections pursuant to the provisions

3-4  of sections 2 to 7, inclusive, of this act.

3-5  Sec. 8.  NRS 304.040 is hereby amended to read as follows:

3-6  304.040  [Party] Except as otherwise provided in sections 2 to

3-7  7, inclusive, of this act, party candidates for Representative in

3-8  Congress shall be nominated in the same manner as state officers are

3-9  nominated.

3-10      Sec. 9.  This act becomes effective upon passage and approval.

 

3-11  H