S.B. 428
- *SB428*
SENATE BILL NO. 428–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
MARCH 24, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to public office.
(BDR 23-955)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public office; revising provisions relating to the
eligibility of a public officer to remain in office; revising
the oath of office for a public officer; authorizing an
elector to file a challenge to the eligibility of an
incumbent of a public office; revising provisions relating
to vacancies in nomination for a public office; providing
that, with certain exceptions, the proof of identity and
residency provided with a declaration of candidacy is a
public record; revising provisions relating to a challenge
to the qualifications of a candidate for public office;
revising the information that must be included on a
certified list of candidates for public office; providing a
penalty; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that, for the purpose of determining a person’s eligibility 1
for public office, the residence of a person is the person’s actual residence within 2
the State, county, district, ward, subdistrict or other unit prescribed by law. (NRS 3
281.050) Section 1 of this bill provides that it is the public policy of this State to 4
ensure that a person continues to reside in the area prescribed by law for the office 5
during the entire term of the office. 6
Existing law requires members of the Legislature and all public officers, 7
executive, judicial and ministerial, to take an oath of office before entering upon 8
their duties of office. (NRS 282.020) Section 2 of this bill requires all members of 9
the Legislature and public officers to swear additional oaths under penalty of 10
perjury, including that they will relinquish office under certain circumstances. 11
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Under existing law, with certain exceptions, a public office becomes vacant upon 12
certain events, including the ceasing of the incumbent to be an actual, as opposed to 13
constructive, resident of the State, district, county, city, ward or other unit prescribed 14
by law in which the duties of the incumbent are to be exercised, or from which the 15
incumbent was elected or appointed, or in which the incumbent was required to reside 16
to be a candidate for office or appointed to office. If, upon the happening of such an 17
event, the incumbent fails or refuses to relinquish the office, existing law requires the 18
Attorney General or district attorney to commence and prosecute proceedings to 19
declare the office vacant. (NRS 283.040) Section 3 of this bill authorizes an elector 20
with knowledge or evidence of the happening of such an event to file with the 21
Attorney General or district attorney a challenge to the incumbent on the grounds that 22
a vacancy has occurred because the event has occurred. 23
Under existing law, if a vacancy occurs in a major or minor political party 24
nomination for a partisan office before a certain date in July of the year in which the 25
general election is held because the nominee dies or is adjudicated insane or mentally 26
incompetent, the party central committee or executive committee may designate a 27
candidate to fill the nomination and the board of county commissioners in certain 28
legislative districts comprising more than one county may vote to appoint a candidate 29
to fill the vacancy and in all other cases, the nominee’s name must remain on the 30
ballot and, if elected, a vacancy exists. (NRS 293.165, 293.166) Sections 4 and 5 of 31
this bill provide that if a vacancy occurs before a certain date in July in the year in 32
which the general election is held because the nominee no longer actually resides in 33
the State, county, city, ward or other unit prescribed by law in which the nominee is 34
required to reside to be a candidate for office, the party central committee or executive 35
committee may designate a candidate to fill the vacancy and the board of county 36
commissioners in certain legislative districts comprising more than one county may 37
vote to appoint a candidate to fill the vacancy. 38
Section 11 of this bill provides that if a vacancy in nomination occurs for a city 39
office after a certain date in July because the nominee no longer actually resides in 40
the State, district, county, city, ward or other unit prescribed by law in which the 41
nominee is required to reside to be a candidate for office, the nominee’s name must 42
remain on the ballot and, if elected, a vacancy exists. 43
Under existing law, with certain exceptions, a name may not be printed on a 44
ballot for primary election unless the candidate, including a candidate appointed to 45
fill a vacancy in a nomination, has filed a declaration of candidacy which must be 46
accompanied by proof of identity and residency of the candidate. The filing officer 47
is required to retain a copy of the proof of identity and residency which, except for 48
certain confidential information, may not be withheld from the public. (NRS 49
293.177, 293C.185) Sections 6 and 9 of this bill provide that, except for certain 50
confidential information, such proof of identity and residency is a public record. 51
Existing law authorizes an elector to file with the filing officer for an office a 52
written challenge to a person on the grounds that the person fails to meet a 53
qualification for office. If probable cause exists to support the challenge, existing 54
law requires the Attorney General, district attorney or city attorney to petition a 55
court of competent jurisdiction regarding the issue. (NRS 293.182, 293C.186) 56
Sections 7 and 10 of this bill require the Attorney General or district attorney to 57
notify the elector who filed the challenge of the time and place of a hearing 58
scheduled on the challenge. 59
Existing law requires the Secretary of State and county clerk to forward to each 60
other a certified list containing the name and mailing address of each person for 61
whom candidacy papers have been filed. (NRS 293.187) Section 8 of this bill 62
requires the certified list to contain the residential address where the person actually 63
resides and the mailing address, if different than the residential address. 64
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.050 is hereby amended to read as follows: 1
281.050 1. The residence of a person with reference to his or 2
her eligibility to any office is the person’s actual residence within 3
the State, county, district, ward, subdistrict or any other unit 4
prescribed by law, as the case may be, during all the period for 5
which residence is claimed by the person. 6
2. Except as otherwise provided in subsections 3 and 4, if any 7
person absents himself or herself from the jurisdiction of that 8
person’s actual residence with the intention in good faith to return 9
without delay and continue such actual residence, the period of 10
absence must not be considered in determining the question of 11
residence. 12
3. If a person who has filed a declaration of candidacy for any 13
elective office moves the person’s actual residence out of the State, 14
county, district, ward, subdistrict or any other unit prescribed by 15
law, as the case may be, in which the person is required actually, as 16
opposed to constructively, to reside in order for the person to be 17
eligible to the office, a vacancy is created thereby and the 18
appropriate action for filling the vacancy must be taken. 19
4. Once a person’s actual residence is fixed, the person shall be 20
deemed to have moved the person’s actual residence for the 21
purposes of this section if: 22
(a) The person has acted affirmatively and has actually removed 23
himself or herself from the place of permanent habitation where the 24
person actually resided and was legally domiciled; 25
(b) The person has an intention to abandon the place of 26
permanent habitation where the person actually resided and was 27
legally domiciled; and 28
(c) The person has an intention to remain in another place of 29
permanent habitation where the person actually resides and is 30
legally domiciled. 31
5. Except as otherwise provided in this subsection and NRS 32
293.1265, the district court has jurisdiction to determine the 33
question of residence in any preelection action for declaratory 34
judgment brought against a person who has filed a declaration of 35
candidacy for any elective office. If the question of residence relates 36
to whether an incumbent meets any qualification concerning 37
residence required for the term of office in which the incumbent is 38
presently serving, the district court does not have jurisdiction to 39
determine the question of residence in an action for declaratory 40
judgment brought by a person pursuant to this section but has 41
jurisdiction to determine the question of residence only in an action 42
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to declare the office vacant that is authorized by NRS 283.040 and 1
brought by the Attorney General or the appropriate district attorney 2
pursuant to that section. 3
6. Except as otherwise provided in NRS 293.1265, if in any 4
preelection action for declaratory judgment, the district court finds 5
that a person who has filed a declaration of candidacy for any 6
elective office fails to meet any qualification concerning residence 7
required for the office pursuant to the Constitution or laws of this 8
State, the person is subject to the provisions of NRS 293.2045. 9
7. For the purposes of this section, in determining whether a 10
place of permanent habitation is the place where a person actually 11
resides and is legally domiciled: 12
(a) It is the public policy of this State to avoid sham residences 13
and to ensure that the person actually, as opposed to constructively, 14
resides in the area prescribed by law for the office and actually 15
continues to reside in the area prescribed by law for the office 16
during the entire term of the office so the person has an actual 17
connection with the constituents who reside in the area and has 18
particular knowledge of their concerns. 19
(b) The person may have more than one residence but only one 20
legal domicile, and the person’s legal domicile requires both the fact 21
of actual living in the place and the intention to remain there as a 22
permanent residence. If the person temporarily leaves the person’s 23
legal domicile, or leaves for a particular purpose, and does not take 24
up a permanent residence in another place, then the person’s legal 25
domicile has not changed. Once the person’s legal domicile is fixed, 26
the fact of actual living in another place, the intention to remain in 27
the other place and the intention to abandon the former legal 28
domicile must all exist before the person’s legal domicile can 29
change. 30
(c) Evidence of the person’s legal domicile includes, without 31
limitation: 32
(1) The place where the person lives the majority of the time 33
and the length of time the person has lived in that place. 34
(2) The place where the person lives with the person’s 35
spouse or domestic partner, if any. 36
(3) The place where the person lives with the person’s 37
children, dependents or relatives, if any. 38
(4) The place where the person lives with any other 39
individual whose relationship with the person is substantially similar 40
to a relationship with a spouse, domestic partner, child, dependent or 41
relative. 42
(5) The place where the person’s dogs, cats or other pets, if 43
any, live. 44
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(6) The place listed as the person’s residential address on the 1
voter registration card, as defined in NRS 293.1205, issued to the 2
person. 3
(7) The place listed as the person’s residential address on any 4
driver’s license or identification card issued to the person by the 5
Department of Motor Vehicles, any passport or military 6
identification card issued to the person by the United States or any 7
other form of identification issued to the person by a governmental 8
agency. 9
(8) The place listed as the person’s residential address on any 10
registration for a motor vehicle issued to the person by the 11
Department of Motor Vehicles or any registration for another type 12
of vehicle or mode of transportation, including, without limitation, 13
any aircraft, vessels or watercraft, issued to the person by a 14
governmental agency. 15
(9) The place listed as the person’s residential address on any 16
applications for issuance or renewal of any license, certificate, 17
registration, permit or similar type of authorization issued to the 18
person by a governmental agency which has the authority to 19
regulate an occupation or profession. 20
(10) The place listed as the person’s residential address on 21
any document which the person is authorized or required by law to 22
file or record with a governmental agency, including, without 23
limitation, any deed, declaration of homestead or other record of 24
real or personal property, any applications for services, privileges or 25
benefits or any tax documents, forms or returns, but excluding the 26
person’s declaration of candidacy. 27
(11) The place listed as the person’s residential address on 28
any type of check, payment, benefit or reimbursement issued to the 29
person by a governmental agency or by any type of company that 30
provides insurance, workers’ compensation, health care or medical 31
benefits or any self-insured employer or third-party administrator. 32
(12) The place listed as the person’s residential address on 33
the person’s paycheck, paystub or employment records. 34
(13) The place listed as the person’s residential address on 35
the person’s bank statements, insurance statements, mortgage 36
statements, loan statements, financial accounts, credit card accounts, 37
utility accounts or other billing statements or accounts. 38
(14) The place where the person receives mail or deliveries 39
from the United States Postal Service or commercial carriers. 40
(d) The evidence listed in paragraph (c) is intended to be 41
illustrative and is not intended to be exhaustive or exclusive. The 42
presence or absence of any particular type of evidence listed in 43
paragraph (c) is not, by itself, determinative of the person’s legal 44
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domicile, but such a determination must be based upon all the facts 1
and circumstances of the person’s particular case. 2
8. As used in this section: 3
(a) “Actual residence” means the place of permanent habitation 4
where a person actually resides and is legally domiciled. If the 5
person maintains more than one place of permanent habitation, the 6
place the person declares to be the person’s principal permanent 7
habitation when filing a declaration of candidacy for any elective 8
office must be the place where the person actually resides and is 9
legally domiciled in order for the person to be eligible to the office. 10
(b) “Declaration of candidacy” has the meaning ascribed to it in 11
NRS 293.0455. 12
Sec. 2. NRS 282.020 is hereby amended to read as follows: 13
282.020 Members of the Legislature and all officers, executive, 14
judicial , municipal and ministerial, shall, before they enter upon the 15
duties of their respective offices, take and subscribe to the following 16
[oath:] oaths: 17
18
1. I, ........................., do solemnly swear (or affirm) that 19
I will support, protect and defend the Constitution and 20
Government of the United States, and the Constitution and 21
government of the State of Nevada, against all enemies, 22
whether domestic or foreign, and that I will bear true faith, 23
allegiance and loyalty to the same, any ordinance, resolution 24
or law of any state notwithstanding, and that I will well and 25
faithfully perform all the duties of the office of ................, on 26
which I am about to enter; (if an oath) so help me God; (if an 27
affirmation) under the pains and penalties of perjury. 28
2. I, ........................., do solemnly swear (or affirm) that I am 29
not under any direct or indirect obligation to vote for, appoint, 30
elect or rule in favor of any person with respect to any office, 31
position, employment or judicial action; (if an oath) so help me 32
God; (if an affirmation) under the pains and penalties of perjury. 33
3. I, ........................., do solemnly swear (or affirm) that I 34
actually reside at ........................................, that I will immediately 35
notify the appropriate entities upon a change of address, and I will 36
relinquish the office of ...................., upon the occurrence of an 37
event causing a vacancy set forth in NRS 283.040; (if an oath) so 38
help me God; (if an affirmation) under the pains and penalties of 39
perjury. 40
Sec. 3. NRS 283.040 is hereby amended to read as follows: 41
283.040 1. Every office becomes vacant upon the occurring 42
of any of the following events before the expiration of the term: 43
(a) The death or resignation of the incumbent. 44
(b) The removal of the incumbent from office. 45
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(c) The confirmed insanity of the incumbent, found by a court of 1
competent jurisdiction. 2
(d) A conviction of the incumbent of any felony or offense 3
involving a violation of the incumbent’s official oath or bond or a 4
violation of NRS 241.040, 293.1755 or 293C.200. 5
(e) A refusal or neglect of the person elected or appointed to 6
take the oath of office, as prescribed in NRS 282.010, or, when a 7
bond is required by law, a refusal or neglect of the person to give the 8
bond within the time prescribed by law. 9
(f) Except as otherwise provided in NRS 266.400, the ceasing of 10
the incumbent to be an actual, as opposed to constructive, resident 11
of the State, district, county, city, ward or other unit prescribed by 12
law in which the duties of the incumbent’s office are to be 13
exercised, or from which the incumbent was elected or appointed, or 14
in which the incumbent was required to reside to be a candidate for 15
office or appointed to office. 16
(g) The neglect or refusal of the incumbent to discharge the 17
duties of the incumbent’s office for a period of 30 days, except 18
when prevented by sickness or absence from the State or county, as 19
provided by law. In a county whose population is less than 15,000, 20
after an incumbent, other than a state officer, has been prevented by 21
sickness from discharging the duties of the incumbent’s office for at 22
least 6 months, the district attorney, either on the district attorney’s 23
own volition or at the request of another person, may petition the 24
district court to declare the office vacant. If the incumbent holds 25
the office of district attorney, the Attorney General, either on the 26
Attorney General’s own volition or at the request of another person, 27
may petition the district court to declare the office vacant. The 28
district court shall hold a hearing to determine whether to declare 29
the office vacant and, in making its determination, shall consider 30
evidence relating to: 31
(1) The medical condition of the incumbent; 32
(2) The extent to which illness, disease or physical weakness 33
has rendered the incumbent unable to manage independently and 34
perform the duties of the incumbent’s office; and 35
(3) The extent to which the absence of the incumbent has had 36
a detrimental effect on the applicable governmental entity. 37
(h) The decision of a competent tribunal declaring the election 38
or appointment void or the office vacant. 39
(i) A determination pursuant to NRS 293.182 or 293C.186 that 40
the incumbent fails to meet any qualification required for the office. 41
2. Upon the happening of any of the events described in 42
subsection 1, if the incumbent fails or refuses to relinquish the 43
incumbent’s office, the Attorney General shall, if the office is a state 44
office or concerns more than one county, or the district attorney 45
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shall, if the office is a county office or concerns territory within one 1
county, upon his or her own recognizance or a determination that 2
probable cause exists to support a challenge filed pursuant to 3
subsection 3, commence and prosecute, in a court of competent 4
jurisdiction, any proceedings for judgment and decree declaring that 5
office vacant. 6
3. An elector with knowledge or evidence of the happening of 7
an event described in subsection 1 may file with the Attorney 8
General, if the office is a state office or concerns more than one 9
county, or the district attorney, if the office is a county office or 10
concerns territory within one county, a written challenge of the 11
officer on the grounds that a vacancy has occurred due to an event 12
described in subsection 1. A challenge filed pursuant to this 13
subsection must: 14
(a) Set forth the event described in subsection 1 which has 15
occurred; 16
(b) Have attached all documentation and evidence supporting 17
the challenge; and 18
(c) Be in the form of an affidavit, signed by the elector under 19
penalty of perjury. 20
4. The provisions of this section do not apply to the extent that 21
they conflict or are otherwise inconsistent with any provision of the 22
Constitution of the State of Nevada regarding the power to judge of 23
the qualifications, elections and returns of or to punish, impeach, 24
expel or remove from office the Governor, other state and judicial 25
officers or State Legislators. 26
Sec. 4. NRS 293.165 is hereby amended to read as follows: 27
293.165 1. Except as otherwise provided in NRS 293.166, a 28
vacancy occurring in a major or minor political party nomination for 29
a partisan office may be filled by a candidate designated by the 30
party central committee of the county or State, as the case may be, 31
of the major political party or by the executive committee of the 32
minor political party subject to the provisions of subsections 3, 4 33
and 5. 34
2. A vacancy occurring in a nonpartisan office or nomination 35
for a nonpartisan office after the close of filing and before 5 p.m. of 36
the fourth Friday in July of the year in which the general election is 37
held must be filled by the person who receives or received the next 38
highest vote for the nomination in the primary election if a primary 39
election was held for that nonpartisan office. If no primary election 40
was held for that nonpartisan office or if there was not more than 41
one person who was seeking the nonpartisan nomination in the 42
primary election, a person may become a candidate for the 43
nonpartisan office at the general election if the person files a 44
declaration of candidacy with the appropriate filing officer and pays 45
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the filing fee required by NRS 293.193 after 8 a.m. on the third 1
Monday in June, or if the third Monday in June is a legal holiday, on 2
the day immediately following the third Monday in June, and before 3
5 p.m. on the fourth Friday in July. 4
3. If a vacancy occurs in a major political party nomination for 5
a partisan office after the primary election and before 5 p.m. on the 6
fourth Friday in July of the year in which the general election is held 7
and: 8
(a) The vacancy occurs because the nominee dies , [or] is 9
adjudicated insane or mentally incompetent [,] or no longer 10
actually, as opposed to constructively, resides in the State, district, 11
county, city, ward or other unit prescribed by law in which the 12
nominee is required to reside to be a candidate for office, the 13
vacancy may be filled by a candidate designated by the party central 14
committee of the county or State, as the case may be, of the major 15
political party. 16
(b) The vacancy occurs for a reason other than the reasons 17
described in paragraph (a), the nominee’s name must remain on the 18
ballot for the general election and, if elected, a vacancy exists. 19
4. No change may be made on the ballot for the general 20
election after 5 p.m. on the fourth Friday in July of the year in which 21
the general election is held. If, after that time and date: 22
(a) A nominee dies or is adjudicated insane or mentally 23
incompetent; [or] 24
(b) A nominee no longer actually, as opposed to constructively, 25
resides in the State, district, county, city, ward or other unit 26
prescribed by law in which the nominee is required to reside to be 27
a candidate for office; or 28
(c) A vacancy in the nomination is otherwise created, 29
the nominee’s name must remain on the ballot for the general 30
election and, if elected, a vacancy exists. 31
5. Each designation of a candidate provided for in this section 32
must be filed with the appropriate filing officer before 5 p.m. on the 33
fourth Friday in July of the year in which the general election is 34
held. In each case, the candidate must file a declaration of candidacy 35
with the appropriate filing officer and pay the filing fee required by 36
NRS 293.193 before 5 p.m. on the date the designation is filed. 37
Sec. 5. NRS 293.166 is hereby amended to read as follows: 38
293.166 1. A vacancy occurring in a party nomination for the 39
office of State Senator, Assemblyman or Assemblywoman from a 40
legislative district comprising more than one county may be filled as 41
follows, subject to the provisions of subsections 2, 3 and 4. The 42
county commissioners of each county, all or part of which is 43
included within the legislative district, shall meet to appoint a 44
person who is of the same political party as the former nominee and 45
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who actually, as opposed to constructively, resides in the district to 1
fill the vacancy, with the chair of the board of county 2
commissioners of the county whose population residing within the 3
district is the greatest presiding. Each board of county 4
commissioners shall first meet separately and determine the single 5
candidate it will nominate to fill the vacancy. Then, the boards shall 6
meet jointly and the chairs on behalf of the boards shall cast a 7
proportionate number of votes according to the percent, rounded to 8
the nearest whole percent, which the population of its county is of 9
the population of the entire district. Populations must be determined 10
by the last decennial census or special census conducted by the 11
Bureau of the Census of the United States Department of 12
Commerce. The person who receives a plurality of these votes is 13
appointed to fill the vacancy. If no person receives a plurality of the 14
votes, the boards of county commissioners of the respective counties 15
shall each as a group select one candidate, and the nominee must be 16
chosen by drawing lots among the persons so selected. 17
2. If a vacancy occurs in a party nomination for the office of 18
State Senator, Assemblyman or Assemblywoman from a legislative 19
district comprising more than one county after the primary election 20
and before 5 p.m. on the fourth Friday in July of the year in which 21
the general election is held and: 22
(a) The vacancy occurs because the nominee dies , [or] is 23
adjudicated insane or mentally incompetent [,] or no longer 24
actually, as opposed to constructively, resides in the State, district, 25
county, city, ward or other unit prescribed by law in which the 26
nominee is required to reside to be a candidate for office, the 27
vacancy may be filled pursuant to the provisions of subsection 1. 28
(b) The vacancy occurs for a reason other than the reasons 29
described in paragraph (a), the nominee’s name must remain on the 30
ballot for the general election and, if elected, a vacancy exists. 31
3. No change may be made on the ballot for the general 32
election after 5 p.m. on the fourth Friday in July of the year in which 33
the general election is held. If, after that time and date: 34
(a) A nominee dies or is adjudicated insane or mentally 35
incompetent; [or] 36
(b) A nominee no longer actually, as opposed to constructively, 37
resides in the State, district, county, city, ward or other unit 38
prescribed by law in which the nominee is required to reside to be 39
a candidate for office; or 40
(c) A vacancy in the nomination is otherwise created, 41
the nominee’s name must remain on the ballot for the general 42
election and, if elected, a vacancy exists. 43
4. Each designation of a candidate provided for in this section 44
must be filed with the appropriate filing officer before 5 p.m. on the 45
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fourth Friday in July of the year in which the general election is 1
held. In each case, the candidate must file a declaration of candidacy 2
with the appropriate filing officer and pay the filing fee required by 3
NRS 293.193 before 5 p.m. on the date the designation is filed. 4
Sec. 6. NRS 293.177 is hereby amended to read as follows: 5
293.177 1. Except as otherwise provided in NRS 293.165 6
and 293.166, a name may not be printed on a ballot to be used at a 7
primary election unless the person named has filed a declaration of 8
candidacy with the appropriate filing officer and paid the filing fee 9
required by NRS 293.193 not earlier than: 10
(a) For a candidate for judicial office, the first Monday in 11
January of the year in which the election is to be held and not later 12
than 5 p.m. on the second Friday after the first Monday in January; 13
and 14
(b) For all other candidates, the first Monday in March of the 15
year in which the election is to be held and not later than 5 p.m. on 16
the second Friday after the first Monday in March. 17
2. A declaration of candidacy required to be filed pursuant to 18
this chapter must be in substantially the following form: 19
(a) For partisan office: 20
21
DECLARATION OF CANDIDACY OF ........ FOR THE 22
OFFICE OF ................ 23
24
State of Nevada 25
26
County of ........................ 27
28
For the purpose of having my name placed on the official 29
ballot as a candidate for the ................ Party nomination for 30
the office of ........., I, the undersigned ........, do swear or 31
affirm under penalty of perjury that I actually, as opposed to 32
constructively, reside at .........., in the City or Town of ......., 33
County of .........., State of Nevada; that my actual, as opposed 34
to constructive, residence in the State, district, county, 35
township, city or other area prescribed by law to which the 36
office pertains began on a date at least 30 days immediately 37
preceding the date of the close of filing of declarations of 38
candidacy for this office; that my telephone number is 39
............, and the address at which I receive mail, if different 40
than my residence, is .........; that I am registered as a member 41
of the ................ Party; that I am a qualified elector pursuant 42
to Section 1 of Article 2 of the Constitution of the State of 43
Nevada; that if I have ever been convicted of treason or a 44
felony, my civil rights have been restored; that I have not, in 45
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violation of the provisions of NRS 293.176, changed the 1
designation of my political party or political party affiliation 2
on an official application to register to vote in any state since 3
December 31 before the closing filing date for this election; 4
that I generally believe in and intend to support the concepts 5
found in the principles and policies of that political party in 6
the coming election; that if nominated as a candidate of the 7
................ Party at the ensuing election, I will accept that 8
nomination and not withdraw; that I will not knowingly 9
violate any election law or any law defining and prohibiting 10
corrupt and fraudulent practices in campaigns and elections in 11
this State; that I will qualify for the office if elected thereto, 12
including, but not limited to, complying with any limitation 13
prescribed by the Constitution and laws of this State 14
concerning the number of years or terms for which a person 15
may hold the office; that I understand that knowingly and 16
willfully filing a declaration of candidacy which contains a 17
false statement is a crime punishable as a gross misdemeanor 18
and also subjects me to a civil action disqualifying me from 19
entering upon the duties of the office; and that I understand 20
that my name will appear on all ballots as designated in this 21
declaration. 22
23
.................................................................. 24
(Designation of name) 25
26
.................................................................. 27
(Signature of candidate for office) 28
29
Subscribed and sworn to before me 30
this ...... day of the month of ...... of the year ...... 31
32
................................................................... 33
Notary Public or other person 34
authorized to administer an oath 35
36
(b) For nonpartisan office: 37
38
DECLARATION OF CANDIDACY OF ........ FOR THE 39
OFFICE OF ................ 40
41
State of Nevada 42
43
County of ........................ 44
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For the purpose of having my name placed on the official 1
ballot as a candidate for the office of ................, I, the 2
undersigned ................, do swear or affirm under penalty of 3
perjury that I actually, as opposed to constructively, reside at 4
........., in the City or Town of ......., County of ........., State of 5
Nevada; that my actual, as opposed to constructive, residence 6
in the State, district, county, township, city or other area 7
prescribed by law to which the office pertains began on a date 8
at least 30 days immediately preceding the date of the close 9
of filing of declarations of candidacy for this office; that my 10
telephone number is ..........., and the address at which I 11
receive mail, if different than my residence, is ..........; that I 12
am a qualified elector pursuant to Section 1 of Article 2 of the 13
Constitution of the State of Nevada; that if I have ever been 14
convicted of treason or a felony, my civil rights have been 15
restored; that if nominated as a nonpartisan candidate at the 16
ensuing election, I will accept the nomination and not 17
withdraw; that I will not knowingly violate any election law 18
or any law defining and prohibiting corrupt and fraudulent 19
practices in campaigns and elections in this State; that I will 20
qualify for the office if elected thereto, including, but not 21
limited to, complying with any limitation prescribed by the 22
Constitution and laws of this State concerning the number of 23
years or terms for which a person may hold the office; that I 24
understand that knowingly and willfully filing a declaration 25
of candidacy which contains a false statement is a crime 26
punishable as a gross misdemeanor and also subjects me to a 27
civil action disqualifying me from entering upon the duties of 28
the office; and that I understand that my name will appear on 29
all ballots as designated in this declaration. 30
31
.................................................................. 32
(Designation of name) 33
34
.................................................................. 35
(Signature of candidate for office) 36
37
Subscribed and sworn to before me 38
this ...... day of the month of ...... of the year ...... 39
40
................................................................... 41
Notary Public or other person 42
authorized to administer an oath 43
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3. The address of a candidate which must be included in the 1
declaration of candidacy pursuant to subsection 2 must be the street 2
address of the residence where the candidate actually, as opposed to 3
constructively, resides in accordance with NRS 281.050, if one has 4
been assigned. The declaration of candidacy must not be accepted 5
for filing if the candidate fails to comply with the following 6
provisions of this subsection or, if applicable, the provisions of 7
subsection 4: 8
(a) The candidate shall not list the candidate’s address as a post 9
office box unless a street address has not been assigned to his or her 10
residence; and 11
(b) Except as otherwise provided in subsection 4, the candidate 12
shall present to the filing officer: 13
(1) A valid driver’s license or identification card issued by a 14
governmental agency that contains a photograph of the candidate 15
and the candidate’s residential address; or 16
(2) A current utility bill, bank statement, paycheck, or 17
document issued by a governmental entity, including a check which 18
indicates the candidate’s name and residential address, but not 19
including a voter registration card. 20
4. If the candidate executes an oath or affirmation under 21
penalty of perjury stating that the candidate is unable to present to 22
the filing officer the proof of residency required by subsection 3 23
because a street address has not been assigned to the candidate’s 24
residence or because the rural or remote location of the candidate’s 25
residence makes it impracticable to present the proof of residency 26
required by subsection 3, the candidate shall present to the filing 27
officer: 28
(a) A valid driver’s license or identification card issued by a 29
governmental agency that contains a photograph of the candidate; 30
and 31
(b) Alternative proof of the candidate’s residential address that 32
the filing officer determines is sufficient to verify where the 33
candidate actually, as opposed to constructively, resides in 34
accordance with NRS 281.050. The Secretary of State may adopt 35
regulations establishing the forms of alternative proof of the 36
candidate’s residential address that the filing officer may accept to 37
verify where the candidate actually, as opposed to constructively, 38
resides in accordance with NRS 281.050. 39
5. The filing officer shall retain a copy of the proof of identity 40
and residency provided by the candidate pursuant to subsection 3 or 41
4. Such a copy: 42
(a) [May] Except as otherwise provided in paragraph (b), is a 43
public record and may not be withheld from the public; and 44
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(b) Must not contain the social security number, driver’s license 1
or identification card number or account number of the candidate. 2
6. By filing the declaration of candidacy, the candidate shall be 3
deemed to have appointed the filing officer for the office as his or 4
her agent for service of process for the purposes of a proceeding 5
pursuant to NRS 293.182. Service of such process must first be 6
attempted at the appropriate address as specified by the candidate in 7
the declaration of candidacy. If the candidate cannot be served at 8
that address, service must be made by personally delivering to and 9
leaving with the filing officer duplicate copies of the process. The 10
filing officer shall immediately send, by registered or certified mail, 11
one of the copies to the candidate at the specified address, unless the 12
candidate has designated in writing to the filing officer a different 13
address for that purpose, in which case the filing officer shall mail 14
the copy to the last address so designated. 15
7. If the filing officer receives credible evidence indicating that 16
a candidate has been convicted of a felony and has not had his or her 17
civil rights restored, the filing officer: 18
(a) May conduct an investigation to determine whether the 19
candidate has been convicted of a felony and, if so, whether the 20
candidate has had his or her civil rights restored; and 21
(b) Shall transmit the credible evidence and the findings from 22
such investigation to the Attorney General, if the filing officer is the 23
Secretary of State, or to the district attorney, if the filing officer is a 24
person other than the Secretary of State. 25
8. The receipt of information by the Attorney General or 26
district attorney pursuant to subsection 7 must be treated as a 27
challenge of a candidate pursuant to subsections 4 and 5 of NRS 28
293.182 to which the provisions of NRS 293.2045 apply. 29
9. Any person who knowingly and willfully files a declaration 30
of candidacy which contains a false statement in violation of this 31
section is guilty of a gross misdemeanor. 32
Sec. 7. NRS 293.182 is hereby amended to read as follows: 33
293.182 1. After a person files a declaration of candidacy to 34
be a candidate for an office, and not later than 5 days after the last 35
day the person may withdraw his or her candidacy pursuant to NRS 36
293.202, an elector may file with the filing officer for the office a 37
written challenge of the person on the grounds that the person fails 38
to meet any qualification required for the office pursuant to the 39
Constitution or laws of this State. Before accepting the challenge 40
from the elector, the filing officer shall notify the elector that if the 41
challenge is found by a court to be frivolous, the elector may be 42
required to pay the reasonable attorney’s fees and court costs of the 43
person who is being challenged. 44
2. A challenge filed pursuant to subsection 1 must: 45
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(a) Indicate each qualification the person fails to meet; 1
(b) Have attached all documentation and evidence supporting 2
the challenge; and 3
(c) Be in the form of an affidavit, signed by the elector under 4
penalty of perjury. 5
3. Upon receipt of a challenge pursuant to subsection 1: 6
(a) The Secretary of State shall immediately transmit the 7
challenge to the Attorney General. 8
(b) A filing officer other than the Secretary of State shall 9
immediately transmit the challenge to the district attorney. 10
4. If the Attorney General or district attorney determines that 11
probable cause exists to support the challenge, the Attorney General 12
or district attorney shall, not later than 5 working days after 13
receiving the challenge, petition a court of competent jurisdiction to 14
order the person to appear before the court. Upon receipt of such a 15
petition, the court shall enter an order directing the person to appear 16
before the court at a hearing, at a time and place to be fixed by the 17
court in the order, to show cause why the challenge is not valid. A 18
certified copy of the order must be served upon the person. The 19
Attorney General or district attorney shall notify the elector who 20
filed the challenge of the time and place of the hearing. The court 21
shall give priority to such proceedings over all other matters 22
pending with the court, except for criminal proceedings. 23
5. If, at the hearing, the court determines by a preponderance of 24
the evidence that the challenge is valid or that the person otherwise 25
fails to meet any qualification required for the office pursuant to the 26
Constitution or laws of this State, or if the person fails to appear at 27
the hearing, the person is subject to the provisions of 28
NRS 293.2045. 29
6. If, at the hearing, the court determines that the challenge is 30
frivolous, the court may order the elector who filed the challenge to 31
pay the reasonable attorney’s fees and court costs of the person who 32
was challenged. 33
Sec. 8. NRS 293.187 is hereby amended to read as follows: 34
293.187 1. Not later than 5 working days after the last day on 35
which a candidate for nonjudicial office may withdraw his or her 36
candidacy pursuant to NRS 293.202: 37
(a) The Secretary of State shall forward to each county clerk a 38
certified list containing the name , residential address where the 39
person actually resides and mailing address , if different than the 40
residential address, of each person for whom candidacy papers for 41
judicial and nonjudicial office have been filed in the Office of the 42
Secretary of State, and who is entitled to be voted for in the county 43
at the next succeeding primary election, together with the title of the 44
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office for which the person is a candidate and the party or principles 1
he or she represents; and 2
(b) Each county clerk shall forward to the Secretary of State a 3
certified list containing the name , residential address where the 4
person actually resides and mailing address , if different than the 5
residential address, of each person for whom candidacy papers for 6
judicial and nonjudicial office have been filed in the office of the 7
county clerk, and who is entitled to be voted for in the county at the 8
next succeeding primary election, together with the title of the office 9
for which the person is a candidate and the party or principles he or 10
she represents. 11
2. There must be a party designation only for candidates for 12
partisan offices. 13
Sec. 9. NRS 293C.185 is hereby amended to read as follows: 14
293C.185 1. Except as otherwise provided in NRS 293C.190, 15
a name may not be printed on a ballot to be used at a primary or 16
general city election unless the person named has, in accordance 17
with NRS 293C.145 or 293C.175, as applicable, timely filed a 18
declaration of candidacy with the appropriate filing officer and paid 19
the filing fee established by the governing body of the city. 20
2. A declaration of candidacy required to be filed pursuant to 21
this chapter must be in substantially the following form: 22
23
DECLARATION OF CANDIDACY OF ........ FOR THE 24
OFFICE OF ................ 25
26
State of Nevada 27
28
City of .............................. 29
30
For the purpose of having my name placed on the official 31
ballot as a candidate for the office of .................., I, 32
.................., the undersigned do swear or affirm under penalty 33
of perjury that I actually, as opposed to constructively, reside 34
at .................., in the City or Town of .................., County of 35
.................., State of Nevada; that my actual, as opposed to 36
constructive, residence in the city, township or other area 37
prescribed by law to which the office pertains began on a date 38
at least 30 days immediately preceding the date of the close 39
of filing of declarations of candidacy for this office; that my 40
telephone number is .................., and the address at which I 41
receive mail, if different than my residence, is ..................; 42
that I am a qualified elector pursuant to Section 1 of Article 2 43
of the Constitution of the State of Nevada; that if I have ever 44
been convicted of treason or a felony, my civil rights have 45
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been restored; that if nominated as a candidate at the ensuing 1
election I will accept the nomination and not withdraw; that I 2
will not knowingly violate any election law or any law 3
defining and prohibiting corrupt and fraudulent practices in 4
campaigns and elections in this State; that I will qualify for 5
the office if elected thereto, including, but not limited to, 6
complying with any limitation prescribed by the Constitution 7
and laws of this State concerning the number of years or 8
terms for which a person may hold the office; that I 9
understand that knowingly and willfully filing a declaration 10
of candidacy which contains a false statement is a crime 11
punishable as a gross misdemeanor and also subjects me to a 12
civil action disqualifying me from entering upon the duties of 13
the office; and that I understand that my name will appear on 14
all ballots as designated in this declaration. 15
16
.................................................................. 17
(Designation of name) 18
19
.................................................................. 20
(Signature of candidate for office) 21
22
Subscribed and sworn to before me 23
this ...... day of the month of ...... of the year ...... 24
25
................................................................... 26
Notary Public or other person 27
authorized to administer an oath 28
29
3. The address of a candidate that must be included in the 30
declaration of candidacy pursuant to subsection 2 must be the street 31
address of the residence where the candidate actually, as opposed to 32
constructively, resides in accordance with NRS 281.050, if one has 33
been assigned. The declaration of candidacy must not be accepted 34
for filing if the candidate fails to comply with the following 35
provisions of this subsection or, if applicable, the provisions of 36
subsection 4: 37
(a) The candidate shall not list the candidate’s address as a post 38
office box unless a street address has not been assigned to the 39
residence; and 40
(b) Except as otherwise provided in subsection 4, the candidate 41
shall present to the filing officer: 42
(1) A valid driver’s license or identification card issued by a 43
governmental agency that contains a photograph of the candidate 44
and the candidate’s residential address; or 45
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(2) A current utility bill, bank statement, paycheck, or 1
document issued by a governmental entity, including a check which 2
indicates the candidate’s name and residential address, but not 3
including a voter registration card. 4
4. If the candidate executes an oath or affirmation under 5
penalty of perjury stating that the candidate is unable to present to 6
the filing officer the proof of residency required by subsection 3 7
because a street address has not been assigned to the candidate’s 8
residence or because the rural or remote location of the candidate’s 9
residence makes it impracticable to present the proof of residency 10
required by subsection 3, the candidate shall present to the filing 11
officer: 12
(a) A valid driver’s license or identification card issued by a 13
governmental agency that contains a photograph of the candidate; 14
and 15
(b) Alternative proof of the candidate’s residential address that 16
the filing officer determines is sufficient to verify where the 17
candidate actually, as opposed to constructively, resides in 18
accordance with NRS 281.050. The Secretary of State may adopt 19
regulations establishing the forms of alternative proof of the 20
candidate’s residential address that the filing officer may accept to 21
verify where the candidate actually, as opposed to constructively, 22
resides in accordance with NRS 281.050. 23
5. The filing officer shall retain a copy of the proof of identity 24
and residency provided by the candidate pursuant to subsection 3 or 25
4. Such a copy: 26
(a) [May] Except as otherwise provided in paragraph (b), is a 27
public record and may not be withheld from the public; and 28
(b) Must not contain the social security number, driver’s license 29
or identification card number or account number of the candidate. 30
6. By filing the declaration of candidacy, the candidate shall be 31
deemed to have appointed the city clerk as his or her agent for 32
service of process for the purposes of a proceeding pursuant to NRS 33
293C.186. Service of such process must first be attempted at the 34
appropriate address as specified by the candidate in the declaration 35
of candidacy. If the candidate cannot be served at that address, 36
service must be made by personally delivering to and leaving with 37
the city clerk duplicate copies of the process. The city clerk shall 38
immediately send, by registered or certified mail, one of the copies 39
to the candidate at the specified address, unless the candidate has 40
designated in writing to the city clerk a different address for that 41
purpose, in which case the city clerk shall mail the copy to the last 42
address so designated. 43
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7. If the city clerk receives credible evidence indicating that a 1
candidate has been convicted of a felony and has not had his or her 2
civil rights restored, the city clerk: 3
(a) May conduct an investigation to determine whether the 4
candidate has been convicted of a felony and, if so, whether the 5
candidate has had his or her civil rights restored; and 6
(b) Shall transmit the credible evidence and the findings from 7
such investigation to the city attorney. 8
8. The receipt of information by the city attorney pursuant to 9
subsection 7 must be treated as a challenge of a candidate pursuant 10
to subsections 4 and 5 of NRS 293C.186 to which the provisions of 11
NRS 293.2045 apply. 12
9. Any person who knowingly and willfully files a declaration 13
of candidacy which contains a false statement in violation of this 14
section is guilty of a gross misdemeanor. 15
Sec. 10. NRS 293C.186 is hereby amended to read as follows: 16
293C.186 1. After a person files a declaration of candidacy to 17
be a candidate for an office, and not later than 5 days after the last 18
day the person may withdraw his or her candidacy pursuant to NRS 19
293C.195, an elector may file with the city clerk a written challenge 20
of the person on the grounds that the person fails to meet any 21
qualification required for the office pursuant to the Constitution or 22
laws of this State. Before accepting the challenge from the elector, 23
the filing officer shall notify the elector that if the challenge is found 24
by a court to be frivolous, the elector may be required to pay the 25
reasonable attorney’s fees and court costs of the person who is being 26
challenged. 27
2. A challenge filed pursuant to subsection 1 must: 28
(a) Indicate each qualification the person fails to meet; 29
(b) Have attached all documentation and evidence supporting 30
the challenge; and 31
(c) Be in the form of an affidavit, signed by the elector under 32
penalty of perjury. 33
3. Upon receipt of a challenge pursuant to subsection 1, the 34
city clerk shall immediately transmit the challenge to the city 35
attorney. 36
4. If the city attorney determines that probable cause exists to 37
support the challenge, the city attorney shall, not later than 5 38
working days after receiving the challenge, petition a court of 39
competent jurisdiction to order the person to appear before the court. 40
Upon receipt of such a petition, the court shall enter an order 41
directing the person to appear before the court at a hearing, at a time 42
and place to be fixed by the court in the order, to show cause why 43
the challenge is not valid. A certified copy of the order must be 44
served upon the person. The city attorney shall notify the elector 45
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who filed the challenge of the time and place of the hearing. The 1
court shall give priority to such proceedings over all other matters 2
pending with the court, except for criminal proceedings. 3
5. If, at the hearing, the court determines by a preponderance of 4
the evidence that the challenge is valid or that the person otherwise 5
fails to meet any qualification required for the office pursuant to the 6
Constitution or laws of this State, or if the person fails to appear at 7
the hearing, the person is subject to the provisions of 8
NRS 293.2045. 9
6. If, at the hearing, the court determines that the challenge is 10
frivolous, the court may order the elector who filed the challenge to 11
pay the reasonable attorney’s fees and court costs of the person who 12
was challenged. 13
Sec. 11. NRS 293C.190 is hereby amended to read as follows: 14
293C.190 1. A vacancy occurring in a nomination for a city 15
office before 5 p.m. of the fourth Friday in July of the year in which 16
the general city election is held must be filled by the person who 17
received the next highest vote for the nomination in the primary city 18
election if a primary city election was held for that city office. If no 19
primary city election was held for that city office or if there was not 20
more than one person who was seeking the nomination in the 21
primary city election, a person may become a candidate for the city 22
office at the general city election if the person files a declaration of 23
candidacy with the appropriate filing officer and pays the filing fee 24
established by the governing body of the city before 5 p.m. on the 25
fourth Friday in July. 26
2. No change may be made on the ballot for the general city 27
election after 5 p.m. on the fourth Friday in July of the year in which 28
the general city election is held. If, after that time and date: 29
(a) A nominee dies or is adjudicated insane or mentally 30
incompetent; [or] 31
(b) A nominee no longer actually, as opposed to constructively, 32
resides in the State, district, county, city, ward or other unit 33
prescribed by law in which the nominee is required to reside to be 34
a candidate for office; or 35
(c) A vacancy in the nomination is otherwise created, 36
the nominee’s name must remain on the ballot for the general city 37
election and, if elected, a vacancy exists. 38
H