NRS: CHAPTER 298 - PRESIDENTIAL ELECTORS AND ELECTIONS

[Rev. 6/29/2024 3:36:00 PM--2023]

CHAPTER 298 - PRESIDENTIAL ELECTORS AND ELECTIONS

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

NRS 298.005 Short title.

NRS 298.015 Definitions.

NRS 298.023 “Alternate” defined.

NRS 298.028 “Nominee for presidential elector” defined.

NRS 298.035 Selection of nominees and alternates for presidential elector.

NRS 298.045 Nominees and alternates for presidential elector required to sign pledge.

NRS 298.055 Certificate of ascertainment.

NRS 298.065 Meeting of presidential electors; nominees whose candidates receive highest number of votes become presidential electors; procedures for filling vacancies; pledge of presidential electors selected at meeting.

NRS 298.075 Voting for President and Vice President; procedures when presidential elector acts contrary to pledge; recording of votes.

NRS 298.085 Amended certificate of ascertainment.

NRS 298.089 Uniformity of application and construction.

PRESIDENTIAL ELECTIONS

NRS 298.109 Nomination of independent candidates for President and Vice President; challenge to candidacy.

NRS 298.250 Voting by former residents; regulations.

NRS 298.259 Voting by new residents; regulations.

PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS

NRS 298.600 Definitions.

NRS 298.610 “Mail ballot” defined.

NRS 298.620 “Military-overseas ballot” defined.

NRS 298.630 “Qualified candidate” defined.

NRS 298.640 Applicability of chapters 293 and 293B of NRS.

NRS 298.650 Requirements for holding presidential preference primary election; date; exception.

NRS 298.660 Declaration of candidacy: Filing required; filing period.

NRS 298.670 Requirements for providing notice of presidential preference primary election.

NRS 298.680 Separate presidential preference primary ballots; placement of candidates’ names; designation on application to register to vote of affiliation with major political party condition for registered voter to cast ballot.

NRS 298.690 Requirements for county clerk in conducting presidential preference primary election; polling places.

NRS 298.700 Early voting: Applicability; period for early voting; days and hours for early voting at permanent polling places.

NRS 298.710 Cost of presidential preference primary election.

NRS 298.720 Duties of Secretary of State for returns of presidential preference primary election; abstract of returns; certification of votes.

_________

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

NRS 298.005 Short title. NRS 298.005 to 298.089, inclusive, may be cited as the Uniform Faithful Presidential Electors Act.

(Added to NRS by 2013, 1230)

NRS 298.015 Definitions. As used in NRS 298.005 to 298.089, inclusive, the words and terms defined in NRS 298.023 and 298.028 have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 1230)

NRS 298.023 “Alternate” defined. “Alternate” means a person selected pursuant to NRS 298.035 to be an alternate to a nominee for presidential elector.

(Added to NRS by 2013, 1230)

NRS 298.028 “Nominee for presidential elector” defined. “Nominee for presidential elector” means a person selected pursuant to NRS 298.035 to be a nominee to the position of presidential elector by a major political party, a minor political party or an independent candidate nominated for the office of President pursuant to NRS 298.109.

(Added to NRS by 2013, 1230)

NRS 298.035 Selection of nominees and alternates for presidential elector.

1. Each major political party shall, at the state convention of the major political party held in that year, select from the qualified electors who are legally registered members of the major political party:

(a) A nominee to the position of presidential elector; and

(b) An alternate to the nominee for presidential elector,

Ê for each position of presidential elector required by law.

2. Each minor political party shall choose from the qualified electors who are legally registered members of the minor political party:

(a) A nominee to the position of presidential elector; and

(b) An alternate to the nominee for presidential elector,

Ê for each position of presidential elector required by law. The person who is authorized to file the list of candidates for partisan office of the minor political party with the Secretary of State pursuant to NRS 293.1725 shall, not later than the last Tuesday in August, submit to the Secretary of State the list of nominees for presidential elector and alternates.

3. Each independent candidate nominated for the office of President pursuant to NRS 298.109 shall, at the time of filing the petition as required pursuant to subsection 1 of NRS 298.109, or within 10 days thereafter, choose from the qualified electors:

(a) A nominee to the position of presidential elector; and

(b) An alternate to the nominee for presidential elector,

Ê for each position of presidential elector required by law.

(Added to NRS by 2013, 1230; A 2013, 2415)

NRS 298.045 Nominees and alternates for presidential elector required to sign pledge.

1. Except as otherwise provided in subsection 2, a nominee for presidential elector or an alternate may not serve as a presidential elector unless the nominee for presidential elector or the alternate signs a pledge in substantially the following form:

If selected for the position of presidential elector, I agree to serve as such and to vote only for the nominees for President and Vice President of the political party or the independent candidates who received the highest number of votes in this State at the general election.

2. If a nominee for presidential elector or an alternate is physically unable to sign the pledge, the pledge may be signed by proxy in the presence of the nominee for presidential elector or the alternate, as applicable.

3. The chair and secretary of the convention of a major political party, the person who is authorized to file the list of candidates for partisan office of a minor political party with the Secretary of State pursuant to NRS 293.1725 or an independent candidate shall submit to the Secretary of State each pledge signed pursuant to this section with the list of nominees for presidential elector and alternates.

(Added to NRS by 2013, 1231)

NRS 298.055 Certificate of ascertainment. The certificate of ascertainment submitted to the Archivist of the United States pursuant to 3 U.S.C. § 6 must include a statement that:

1. Each nominee for presidential elector shall serve as a presidential elector unless a vacancy occurs in the position of presidential elector held by that nominee for presidential elector before the conclusion of the meeting of presidential electors held pursuant to 3 U.S.C. § 7; and

2. If a person is appointed pursuant to NRS 298.065 to fill a vacancy in a position of presidential elector, the Secretary of State will submit an amended certificate of ascertainment to the Archivist.

(Added to NRS by 2013, 1231)

1. The Secretary of State shall preside at the meeting of presidential electors held pursuant to 3 U.S.C. § 7. Except as otherwise provided in this section and NRS 298.075, the nominees for presidential elector whose candidates for President and Vice President receive the highest number of votes in this State at the general election are the presidential electors.

2. If a nominee for presidential elector is not present to vote at the meeting, the position of presidential elector to be filled by that nominee for presidential elector is vacant and the vacancy must be filled as follows:

(a) If the alternate is present at the meeting, the Secretary of State shall appoint the alternate to the position of presidential elector;

(b) If the alternate is not present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person chosen by lot from among the alternates present at the meeting, if any;

(c) If no alternates are present at the meeting, the Secretary of State shall appoint to the position of presidential elector a person who is:

(1) A qualified elector;

(2) Present at the meeting; and

(3) Chosen through nomination by and plurality vote of presidential electors who are present at the meeting; and

(d) If votes cast pursuant to subparagraph (3) of paragraph (c) result in a tie, the Secretary of State shall appoint to the position of presidential elector a person who is chosen by lot from those persons who tied for the most votes.

3. If all the positions of presidential elector are vacant and no alternates are present at the meeting, the Secretary of State shall appoint from the qualified electors one person to the position of presidential elector, and the remaining positions must be filled pursuant to paragraphs (c) and (d) of subsection 2.

4. The nomination by and vote of a single presidential elector is sufficient to choose a person to be appointed to the position of presidential elector pursuant to subparagraph (3) of paragraph (c) of subsection 2.

5. Except as otherwise provided in subsection 6, a person appointed to the position of presidential elector pursuant to this section may not serve in that position unless the person signs a pledge in substantially the following form:

I agree to serve as a presidential elector and to vote only for the nominees for President and Vice President of the party or the independent candidates who received the highest number of votes in this State at the general election.

6. If a person appointed to the position of presidential elector pursuant to this section is physically unable to sign the pledge, the pledge may be signed by proxy.

7. If a person appointed to a position of presidential elector pursuant to this section does not sign the pledge described in subsection 5, that position of presidential elector is vacant and must be filled pursuant to this section.

(Added to NRS by 2013, 1231)

NRS 298.075 Voting for President and Vice President; procedures when presidential elector acts contrary to pledge; recording of votes.

1. The Secretary of State shall provide to each presidential elector a ballot for the office of President and a ballot for the office of Vice President. The presidential elector shall mark the applicable ballot provided by the Secretary of State for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President. The presidential elector shall sign and legibly print his or her name on the ballots and present the ballots to the Secretary of State.

2. After all presidential electors have presented their ballots to the Secretary of State, the Secretary of State shall examine each ballot. If a presidential elector:

(a) Presents both ballots and the ballots are marked with votes for the person who received the highest number of votes at the general election for the office of President and the person who received the highest number of votes at the general election for the office of Vice President, respectively, the Secretary of State shall accept both ballots.

(b) Does not present both ballots, presents an unmarked ballot or presents a ballot marked with a vote that does not conform with the provisions of subsection 1:

(1) The Secretary of State shall refuse to accept either ballot of the presidential elector; and

(2) The Secretary of State shall deem the presidential elector’s position vacant. The vacancy must be filled pursuant to the provisions of NRS 298.065. The person appointed to fill the vacancy in the position of presidential elector, after signing the pledge described in NRS 298.065, shall mark both ballots and present both ballots to the Secretary of State pursuant to this section.

3. Only the votes accepted by the Secretary of State pursuant to this section may be recorded on the lists of votes made by the presidential electors pursuant to 3 U.S.C. § 9.

(Added to NRS by 2013, 1232)

NRS 298.085 Amended certificate of ascertainment. If the presidential electors whose votes are accepted by the Secretary of State pursuant to NRS 298.075 are not the same persons indicated on the certificate of ascertainment submitted to the Archivist of the United States pursuant to 3 U.S.C. § 6, the Secretary of State shall:

1. Prepare an amended certificate of ascertainment that contains the names of persons who served as presidential electors; and

2. Communicate to the Archivist of the United States the amended certificate of ascertainment and a statement that the amended certificate is to replace the certificate of ascertainment previously submitted to the Archivist.

(Added to NRS by 2013, 1233)

NRS 298.089 Uniformity of application and construction. In applying and construing the provisions of NRS 298.005 to 298.089, inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Faithful Presidential Electors Act.

(Added to NRS by 2013, 1233)

PRESIDENTIAL ELECTIONS

NRS 298.109 Nomination of independent candidates for President and Vice President; challenge to candidacy.

1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President. The petition must be signed by a number of registered voters equal to not less than 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition the person intends to circulate for signatures with the Secretary of State before the petition may be circulated for signatures.

2. The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition of candidacy with the Secretary of State pursuant to subsection 1. Each person signing shall add to his or her signature the address of the place at which he or she resides, the date that he or she signs and the name of the county wherein he or she is registered to vote. Each document of the petition must also contain the affidavit of the person who circulated the document that all signatures thereon are genuine to the best of the person’s knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

3. If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the First Judicial District Court not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the fourth Tuesday in August.

4. The county clerk shall not disqualify the signature of a voter who fails to provide all the information required by this section if the voter is registered in the county named on the document.

(Added to NRS by 1979, 404; A 1983, 1289; 1985, 270; 1987, 1375; 1989, 2173; 1993, 2670; 1999, 3561; 2013, 1233; 2017, 3371)

NRS 298.250 Voting by former residents; regulations.

1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, the former resident may vote for President and Vice President only in that election:

(a) In person in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there; or

(b) By mail ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.269911 to 293.269937, inclusive.

2. The Secretary of State may, in a manner consistent with the election laws of this State, adopt regulations to effectuate the purposes of this section.

(Added to NRS by 1971, 261; A 1983, 1290; 2001, 1954; 2020, 32nd Special Session, 64; 2021, 1261)

NRS 298.259 Voting by new residents; regulations.

1. If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in this State after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this State, the new resident may vote for President and Vice President in this State.

2. If a new resident of the State of Nevada wishes to vote for the President and Vice President of the United States pursuant to this section, the new resident must:

(a) Apply to the county clerk for the appropriate ballot using the form prescribed by the Secretary of State; and

(b) Vote only in the office of the county clerk during regular office hours.

3. A county clerk, upon receipt of an application pursuant to this section, shall provide the applicant a ballot and any other materials necessary to vote only for President and Vice President of the United States.

4. A vote cast pursuant to this section must not be:

(a) Combined with the total of a precinct but must be segregated at the precinct and then combined with the totals for the county.

(b) Included in precinct, district, county or state totals for other electoral purposes.

5. The Secretary of State may, in a manner consistent with the election laws of this State, adopt regulations to effectuate the purposes of this section.

(Added to NRS by 2001, 1954)

PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS

NRS 298.600 Definitions. As used in NRS 298.600 to 298.720, inclusive, the words and terms defined in NRS 298.610, 298.620 and 298.630 have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 3899)

NRS 298.610 “Mail ballot” defined. “Mail ballot” has the meaning ascribed to it in NRS 293.0653.

(Added to NRS by 2021, 3899)

NRS 298.620 “Military-overseas ballot” defined. “Military-overseas ballot” has the meaning ascribed to it in NRS 293D.050.

(Added to NRS by 2021, 3899)

NRS 298.630 “Qualified candidate” defined. “Qualified candidate” means a person who is qualified to be the nominee of a party for President of the United States pursuant to the Constitution and laws of the United States and the rules of the major political party.

(Added to NRS by 2021, 3899)

NRS 298.640 Applicability of chapters 293 and 293B of NRS.

1. The provisions of chapters 293 and 293B of NRS apply to a presidential preference primary election to the extent that such provisions do not conflict with this chapter.

2. If there is a conflict between the provisions of this chapter and chapters 293 and 293B of NRS, the provisions of this chapter control.

(Added to NRS by 2021, 3899)

NRS 298.650 Requirements for holding presidential preference primary election; date; exception.

1. Except as otherwise provided in subsection 2, a presidential preference primary election must be held for all major political parties on the first Tuesday in February of each presidential election year.

2. A presidential preference primary election must not be held for a major political party if only one qualified candidate or no qualified candidate of the major political party files a declaration of candidacy pursuant to NRS 298.660. If only one qualified candidate of the major political party files a declaration of candidacy, the Secretary of State must certify the name of the qualified candidate to the state central committee and the national committee of the major political party.

(Added to NRS by 2021, 3899)

NRS 298.660 Declaration of candidacy: Filing required; filing period. If a person who is a qualified candidate to be a major political party’s nominee for President of the United States wants to appear on the ballot for a presidential preference primary election that is held for the party, the person must, not earlier than October 1 and not later than 5 p.m. on October 15 of the year immediately preceding the presidential preference primary election, file with the Secretary of State a declaration of candidacy in the form prescribed by the Secretary of State.

(Added to NRS by 2021, 3900)

NRS 298.670 Requirements for providing notice of presidential preference primary election.

1. The Secretary of State shall forward to each county clerk the name, party affiliation and mailing address of each qualified candidate whose name must appear on the ballot for the presidential preference primary election.

2. Immediately upon receipt by the county clerk of the list of qualified candidates, the county clerk shall publish a notice of the presidential preference primary election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

(a) The date of the presidential preference primary election;

(b) The major political parties that have qualified candidates who will be on the ballot at the presidential preference primary election;

(c) The location of the polling places in the county, including, without limitation, polling places for early voting by personal appearance; and

(d) The hours during which the polling places in the county will be open for voting during the period for early voting and the day of the presidential preference primary election.

(Added to NRS by 2021, 3900)

1. There must be a separate presidential preference primary ballot for each major political party that has qualified candidates. The name of the major political party must appear at the top of the ballot. Following this designation must appear the names of qualified candidates of the major political party, grouped alphabetically under the title.

2. A registered voter may cast a ballot at a presidential preference primary election for a major political party only if the registered voter designated on his or her application to register to vote an affiliation with the party. Such a registered voter may vote for only one qualified candidate on the ballot as the voter’s preference for the nominee for President of the United States for the party.

3. The provisions of NRS 293.5772 to 293.5887, inclusive, apply to a presidential preference primary election.

(Added to NRS by 2021, 3900)

NRS 298.690 Requirements for county clerk in conducting presidential preference primary election; polling places.

1. In conducting a presidential preference primary election, the county clerk shall:

(a) Distribute sample ballots for the presidential preference primary election;

(b) Establish polling places for early voting by personal appearance;

(c) Permit voting by registered voters of the major political party by mail ballot and military-overseas ballot in the manner and within the time required by chapters 293 and 293D of NRS; and

(d) Establish polling places for the day of the presidential preference primary election. The provisions of NRS 293.273 apply to the presidential preference primary election.

2. A registered voter who is entitled to cast a ballot at the presidential preference primary election may do so at any polling place in the county.

(Added to NRS by 2021, 3900)

NRS 298.700 Early voting: Applicability; period for early voting; days and hours for early voting at permanent polling places.

1. Except as otherwise provided in this section, the provisions of NRS 293.356 to 293.361, inclusive, apply to a presidential preference primary election.

2. The period for early voting for a presidential preference primary election begins 10 calendar days before the date of the presidential preference primary election and extends through the Friday before the day of the presidential preference primary election.

3. The county clerk may:

(a) Include any Sunday or federal holiday that falls within the period for early voting by personal appearance.

(b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

4. A permanent polling place for early voting must remain open:

(a) On Monday through Friday during the period for early voting, for at least 8 hours during such hours as the county clerk may establish.

(b) On any Saturday that falls within the period for early voting, for at least 4 hours during such hours as the county clerk may establish.

(c) If the county clerk includes a Sunday that falls within the period for early voting pursuant to subsection 3, during such hours as the county clerk may establish.

(Added to NRS by 2021, 3901)

NRS 298.710 Cost of presidential preference primary election. The cost of a presidential preference primary election is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.

(Added to NRS by 2021, 3901)

NRS 298.720 Duties of Secretary of State for returns of presidential preference primary election; abstract of returns; certification of votes.

1. Immediately after each county has canvassed the returns of a presidential preference primary election pursuant to NRS 293.387, the Secretary of State shall compile the returns for each qualified candidate of the major political party whose name appears on the ballot for the major political party.

2. The Secretary of State shall make out and file in his or her office an abstract of the returns and shall certify the number of votes received by each qualified candidate of the major political party to the party’s state central committee and the national committee of the major political party.

(Added to NRS by 2021, 3901)