Assembly Bill No. 526–Committee on Elections, Procedures, and Ethics

 

March 24, 2003

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning contests of general elections for offices of Assemblyman and Senator. (BDR 24‑1289)

 

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; authorizing the contestant in a contest of a general election for the office of Assemblyman or Senator to continue to investigate the contest and amend the statement of contest until the day of the organization of the Legislature; authorizing the parties in such a contest to take depositions; providing that the contestant in such a contest is responsible for costs under certain circumstances; 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 293.425 is hereby amended to read as follows:

1-2  293.425  1.  If the contest is of the general election for the

1-3  office of Assemblyman or Senator, a statement of contest, prepared

1-4  as provided in NRS 293.407, and all depositions, ballots and other

1-5  documents relating to the contest must be filed with the Secretary of

1-6  State within the time provided for the filing of statements of contests

1-7  with the clerk of the district court.

1-8  2.  Before the day of the organization of the Legislature, the

1-9  contestant in a contest of a general election for the office of

1-10  Assemblyman or Senator may:

1-11      (a) Investigate issues relating to the contest; and

2-1  (b) Amend the statement of contest filed pursuant to this

2-2  section by filing an amended copy of the statement of contest and

2-3  any relevant depositions, ballots and other documents relating to

2-4  the contest with the Secretary of State.

2-5  3.  Any party in a contest of a general election for the office of

2-6  Assemblyman or Senator may take the deposition of any witness in

2-7  the manner prescribed by rule of court for taking depositions in

2-8  civil actions in the district courts.

2-9  Sec. 2.  NRS 293.427 is hereby amended to read as follows:

2-10      293.427  1.  The Secretary of State shall deliver the statement

2-11  of contest filed pursuant to NRS 293.425 and all other documents ,

2-12  including any amendments to the statement, to the presiding

2-13  officer of the appropriate house of the Legislature on the day of the

2-14  organization of the Legislature.

2-15      2.  Until the contest has been decided, the candidate who

2-16  received the highest number of votes for the office in the contested

2-17  election must be seated as a member of the appropriate house.

2-18      3.  If, before the contest has been decided, a contestant gives

2-19  written notice to the Secretary of State that he wishes to withdraw

2-20  his statement of contest, the Secretary of State shall dismiss the

2-21  contest.

2-22      4.  The contest, if not dismissed, must be heard and decided as

2-23  prescribed by the standing or special rules of the house in which the

2-24  contest is to be tried. If after hearing the contest, the house decides

2-25  to declare the contestant elected, the Governor shall execute a

2-26  certificate of election and deliver it to the contestant. The certificate

2-27  of election issued to the other candidate is thereafter void.

2-28      5.  If a contest is dismissed pursuant to subsection 3, the

2-29  contestant is responsible for all costs incurred in connection with

2-30  the contest by the State of Nevada and the candidate who received

2-31  the highest number of votes for the office, unless the house in

2-32  which the contest was to be tried determines that under the

2-33  circumstances it would be unjust for the contestant to be

2-34  responsible for such costs.

2-35      6.  If after hearing a contest, a house does not decide to

2-36  declare the contestant elected, the contestant is responsible for all

2-37  costs incurred in connection with the contest by the State of

2-38  Nevada and the candidate who received the highest number of

2-39  votes for the office.

 

2-40  H