[Rev. 1/24/2023 12:00:29 PM]
κ2021 Statutes of Nevada, 33rd Special Session, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
THIRTY-THIRD SPECIAL SESSION OF THE LEGISLATURE
2021
________
Senate Bill No. 1Select Committee on Redistricting and Elections
CHAPTER 1
[Approved: November 16, 2021]
AN ACT relating to elections; revising the districts from which members of the Legislature, members of the State Board of Education and Representatives in Congress are elected; revising the petition districts for certain initiatives or referendums proposing statewide ballot measures; authorizing the Chair of the Legislative Commission to direct the Legislative Counsel Bureau to contract for professional and other services for certain actions or proceedings relating to election or petition districts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 5 of Article 4 of the Nevada Constitution provides that it is the mandatory duty of the Legislature after the taking of the decennial census to: (1) fix by law the number of Senators and the number of members of the Assembly; (2) determine the boundaries of the legislative districts; and (3) apportion the number of the members of the Senate and Assembly in each district. Section 13 of Article 1 of the Nevada Constitution provides that representation must be apportioned according to population. Finally, Section 13 of Article 15 of the Nevada Constitution requires that the decennial census serve as the basis of representation in both Houses of the Legislature.
Section 2 of this bill revises the boundaries of the 42 Assembly Districts by adopting a shapefile that indicates the areas that comprise each of those districts based upon the data from the Twenty-fourth United States Census, known as the 2020 Census. Section 3 of this bill similarly revises the boundaries of the 21 Senate Districts. Section 15 of this bill sets forth a graphical representation of the contents of the shapefile for each legislative district and directs the Legislative Counsel to include the graphical representation with the Nevada Revised Statutes. Sections 1-7 and 22 of this bill make conforming changes relating to the revised boundaries of the Assembly and Senate Districts. Section 24 of this bill provides that the provisions of sections 1-7 and 22 relating to the revised Assembly and Senate Districts become effective on January 1, 2022, for the purpose of filing for office and for nominating and electing the members of the Legislature, and for all other purposes on November 9, 2022, the day after the 2022 General Election and the first day of the new legislative terms. (Nev. Const. Art. 4, §§ 3, 4)
κ2021 Statutes of Nevada, 33rd Special Session, Page 2 (CHAPTER 1, SB 1)κ
Under existing law, the terms of Senators must be allotted by the Legislature so that one-half of their number, as nearly as is possible, must be elected every two years. (Nev. Const. Art. 17, § 10) Section 16 of this bill provides that the 10 Senators who were elected on November 3, 2020, shall serve out the term of office for which they were elected by representing the district to which they were elected through November 8, 2022, and representing the corresponding new Senate District established by the shapefile adopted by section 3 from November 9, 2022, until the expiration of their current term of office.
Under existing law, a person is prohibited from using the term reelect in any material, statement or publication supporting the election of a candidate unless the candidate: (1) was elected to the identical office with the same district number in the most recent election to fill that office; and (2) is serving and has served continuously in that office from the beginning of the term to which the candidate was elected. (NRS 294A.330) Section 17 of this bill, notwithstanding this prohibition on the use of the term reelect, authorizes each Senator who was elected on November 6, 2018, and serves continuously in that office to use the term reelect in the 2022 election when running for the Senate from the same new corresponding Senate District if he or she is otherwise qualified for election to that office. Section 17 similarly authorizes each member of the Assembly who was elected on November 3, 2020, and serves continuously in that office to use the term reelect in the 2022 election when running for the same new corresponding Assembly District if he or she is otherwise qualified for election to that office.
Section 2 of Article I of the United States Constitution requires that congressional representatives must be apportioned among the several states according to population. The apportionment of the number of congressional representatives is based upon the decennial census. Currently, Nevada is apportioned four congressional representatives and, based upon the results of the 2020 Census, remains apportioned four congressional representatives.
Section 9 of this bill revises the boundaries of the existing congressional districts by adopting a shapefile that indicates the areas that comprise each of those congressional districts. Section 15 sets forth a graphical representation of the contents of the shapefile for each congressional district and directs the Legislative Counsel to include the graphical representation with the Nevada Revised Statutes. Sections 9-13 and 23 of this bill make conforming changes relating to the revised boundaries of the congressional districts. Section 24 provides that the provisions of sections 9-13 and 23 relating to the revised congressional districts become effective on January 1, 2022, for the purposes of filing for office and for nominating and electing the congressional representatives, and for all other purposes on January 3, 2023, when the congressional representatives begin their terms. (U.S. Const. Amend. XX)
Under existing law, the State Board of Education consists of four elected members and several appointed members, and the four elected members must be elected by the registered voters of each existing congressional district. (NRS 385.021) Each of the four elected members were last elected in 2020 for four-year terms beginning in January 2021 and ending in January 2025. Because section 9 revises the boundaries of the existing congressional districts, section 14 of this bill makes those revised boundaries applicable to the election of the four elected members of the Board. Section 18 of this bill provides that the four elected members of the Board who were elected to office in 2020: (1) shall be deemed, until the expiration of their current term of office, to be elected from and represent the same new corresponding congressional district; and (2) may use the term reelect in campaign materials, statements or publications if they are seeking election in 2024 to the same new corresponding congressional district and are otherwise qualified for election to that office.
κ2021 Statutes of Nevada, 33rd Special Session, Page 3 (CHAPTER 1, SB 1)κ
Under existing law, persons who want to circulate petitions for initiative or referendum proposing state constitutional amendments or other statewide ballot measures cannot begin such circulation before certain dates set forth in the Nevada Constitution. (Nev. Const. Art. 19, §§ 1, 2) In addition, such persons must file the petitions with the Secretary of State before presenting the petitions to the registered voters for their signatures, and if they amend the petitions, they must file the revised petitions with the Secretary of State before presenting the revised petitions to the registered voters for their signatures. (NRS 295.015) When circulating the petitions, they must gather a certain number of signatures from the registered voters within each of the petition districts which have boundaries that are coterminous with each of the existing congressional districts. (NRS 293.069, 293.127563)
Because section 9 revises the boundaries of the existing congressional districts, section 8 of this bill makes those revised boundaries applicable to the petition districts. Section 24 provides the provisions of sections 8-13 and 23 relating to the revised petition districts apply to each petition that is filed with the Secretary of State: (1) on or after passage and approval of this bill; or (2) on or after August 1, 2021, and before passage and approval of this bill, if the petition is amended and the revised petition is filed with the Secretary of State on or after passage and approval of this bill.
Existing law authorizes the Legislative Commission or, in certain circumstances, the Chair of the Legislative Commission to direct the Legal Division of the Legislative Counsel Bureau to appear in, commence, prosecute, defend or intervene on behalf of the Legislature in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof, when deemed necessary or advisable to protect the official interests of the Legislature in the action or proceeding. (NRS 218F.720) Section 20 of this bill authorizes the Chair of the Legislative Commission to direct the Legislative Counsel Bureau to contract for such professional and other services as the Director of the Legislative Counsel Bureau determines are necessary or advisable for the Legislature to appear in, commence, prosecute, defend or intervene in any action or proceeding relating to any election or petition district.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The shapefile identified as 2021Assembly_Final_SB1_Amd2, filed with the Secretary of State pursuant to NRS 218B.180, is hereby adopted to describe the assembly districts in this State.
Sec. 3. The shapefile identified as 2021Senate_Final_SB1_Amd2, filed with the Secretary of State pursuant to NRS 218B.180, is hereby adopted to describe the senate districts in this State.
Sec. 4. NRS 218B.100 is hereby amended to read as follows:
218B.100 1. The assembly districts described in [NRS 218B.600 to 218B.805, inclusive,] the shapefile adopted by section 2 of this act are hereby created.
2. The [senatorial] senate districts described in [NRS 218B.300 to 218B.390, inclusive,] the shapefile adopted by section 3 of this act are hereby created . [, and the numbers of Senators designated therein are apportioned to each respectively.]
κ2021 Statutes of Nevada, 33rd Special Session, Page 4 (CHAPTER 1, SB 1)κ
3. Each Legislator must be elected from within the district wherein the Legislator resides by the registered voters residing in that district.
Sec. 5. NRS 218B.150 is hereby amended to read as follows:
218B.150 1. If any area of this State is omitted from the [provisions of this chapter] shapefiles adopted by sections 2 and 3 of this act inadvertently or by virtue of the complexities of the information supplied to the Legislature, the county clerk, the Carson City Clerk or the Director, upon discovery of the omission, shall notify the Secretary of State of the omission. The Secretary of State shall attach that area to the appropriate assembly district or [senatorial] senate district as follows:
(a) If the area is surrounded by an assembly district or [senatorial] senate district, the area must be attached to that district.
(b) If the area is contiguous to two or more assembly districts or [senatorial] senate districts, the area must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the Director and with the Secretary of State. No change may be made in any attachments until the Legislature is again reapportioned.
Sec. 6. NRS 218B.180 is hereby amended to read as follows:
218B.180 The Director shall:
1. File a copy of the shapefiles adopted by sections 2 and 3 of this act with the Secretary of State.
2. Retain in an office of the Legislative Counsel Bureau, copies of maps of the legislative districts described in [this chapter.] the shapefiles adopted by sections 2 and 3 of this act.
[2.] 3. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
[3.] 4. File a copy of the maps with the Secretary of State.
Sec. 7. NRS 218B.190 is hereby amended to read as follows:
218B.190 The Secretary of State shall:
1. Provide to the clerk of each county and the Clerk of Carson City, copies of the shapefiles filed pursuant to subsection 1 of NRS 218B.180 and maps filed pursuant to subsection [3] 4 of NRS 218B.180.
2. Make available copies of the shapefiles and maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the shapefiles or maps.
Sec. 8. NRS 293.069 is hereby amended to read as follows:
293.069 Petition district means a district [created pursuant to the provisions of NRS 304.060 to 304.120, inclusive,] described in the shapefile adopted by section 9 of this act for the election of Representatives in Congress.
Sec. 9. Chapter 304 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The shapefile identified as 2021Congressional_Final_SB1_Amd2, filed with the Secretary of State pursuant to NRS 304.070, is hereby adopted to describe the congressional districts in this State.
κ2021 Statutes of Nevada, 33rd Special Session, Page 5 (CHAPTER 1, SB 1)κ
2. The congressional districts described in the shapefile adopted by subsection 1 are hereby created.
Sec. 10. NRS 304.060 is hereby amended to read as follows:
304.060 As used in NRS 304.060 to [304.120,] 304.090, inclusive, and section 9 of this act, unless the context otherwise requires:
1. Block means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
2. Block group means a combination of blocks whose numbers begin with the same digit.
3. Census tract means a combination of block groups.
4. [Census voting district means the voting district:
(a) Based on the geographic and population databases compiled by the Bureau of the Census of the United States Department of Commerce as revised by the State Demographer pursuant to NRS 360.288 and validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the Nevada Legislature; and
(b) Designated in the maps filed with the Office of the Secretary of State pursuant to subsection 3 of NRS 304.070.
5.] State Demographer means the demographer employed by the Department of Taxation pursuant to NRS 360.283.
Sec. 11. NRS 304.070 is hereby amended to read as follows:
304.070 The Director of the Legislative Counsel Bureau shall:
1. File a copy of the shapefile adopted by section 9 of this act with the Secretary of State.
2. Retain in an office of the Legislative Counsel Bureau, copies of maps of the congressional districts described in [NRS 304.100, 304.110 and 304.120.] the shapefile adopted by section 9 of this act.
[2.] 3. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
[3.] 4. File a copy of the maps with the Secretary of State.
Sec. 12. NRS 304.080 is hereby amended to read as follows:
304.080 The Secretary of State shall:
1. Provide to the clerk of each county and the clerk of Carson City, copies of the shapefile filed pursuant to subsection 1 of NRS 304.070 and maps filed pursuant to subsection [3] 4 of NRS 304.070.
2. Make available copies of the shapefile and maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the shapefile or maps.
Sec. 13. NRS 304.090 is hereby amended to read as follows:
304.090 1. If any area of this State is omitted from the [provisions of NRS 304.060 to 304.120, inclusive,] shapefile adopted by section 9 of this act inadvertently or by virtue of the complexities of the information supplied to the Legislature, the county clerk, the Carson City clerk or the Director of the Legislative Counsel Bureau, upon discovery of the omission, shall notify
κ2021 Statutes of Nevada, 33rd Special Session, Page 6 (CHAPTER 1, SB 1)κ
the Secretary of State of the omission. The Secretary of State shall attach that area to the appropriate congressional district as follows:
(a) If the area is surrounded by a congressional district, the area must be attached to that district.
(b) If the area is contiguous to two or more congressional districts, the area must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the Director of the Legislative Counsel Bureau and with the Secretary of State. No change may be made in any attachments until the districts are again reapportioned.
Sec. 14. NRS 385.021 is hereby amended to read as follows:
385.021 1. The State Board of Education is hereby created. The State Board consists of the following voting members:
(a) One member elected by the registered voters of each congressional district described in [NRS 304.060 to 304.120, inclusive;] the shapefile adopted by section 9 of this act;
(b) One member appointed by the Governor;
(c) One member appointed by the Governor, nominated by the Majority Leader of the Senate; and
(d) One member appointed by the Governor, nominated by the Speaker of the Assembly.
2. In addition to the voting members described in subsection 1, the State Board consists of the following four nonvoting members:
(a) One member appointed by the Governor who is a member of a board of trustees of a school district, nominated by the Nevada Association of School Boards;
(b) One member appointed by the Governor who is the superintendent of schools of a school district, nominated by the Nevada Association of School Superintendents;
(c) One member appointed by the Governor who represents the Nevada System of Higher Education, nominated by the Board of Regents of the University of Nevada; and
(d) One member appointed by the Governor who is a pupil enrolled in a public school in this State, nominated by the Nevada Association of Student Councils or its successor organization and in consultation with the Nevada Youth Legislature. After the initial term, the term of the member appointed pursuant to this paragraph commences on June 1 and expires on May 31 of the following year.
3. Each member of the State Board elected pursuant to paragraph (a) of subsection 1 must be a qualified elector of the district from which that member is elected.
4. Each member appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 and each member appointed pursuant to subsection 2 must be a resident of this State.
5. Except as otherwise provided in paragraphs (a) and (c) of subsection 2, a person who is elected to serve as an officer of this State or any political subdivision thereof or a person appointed to serve for the unexpired term of such an office may not serve or continue to serve on the State Board.
κ2021 Statutes of Nevada, 33rd Special Session, Page 7 (CHAPTER 1, SB 1)κ
6. The Governor shall ensure that the members appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 represent the geographic diversity of this State and that:
(a) One member is a teacher at a public school selected from a list of three candidates provided by the Nevada State Education Association.
(b) One member is the parent or legal guardian of a pupil enrolled in a public school.
(c) One member is a person active in a private business or industry of this State.
7. After the initial terms, each member:
(a) Elected pursuant to paragraph (a) of subsection 1 serves a term of 4 years. A member may be elected to serve not more than three terms but may be appointed to serve pursuant to paragraph (b), (c) or (d) of subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.
(b) Appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 serves a term of 2 years, except that each member continues to serve until a successor is appointed. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.
(c) Appointed pursuant to subsection 2 serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.
8. If a vacancy occurs during the term of:
(a) A member who was elected pursuant to paragraph (a) of subsection 1, the Governor shall appoint a member to fill the vacancy until the next general election, at which election a member must be chosen for the balance of the unexpired term. The appointee must be a qualified elector of the district where the vacancy occurs.
(b) A voting member appointed pursuant to paragraph (b), (c) or (d) of subsection 1 or a nonvoting member appointed pursuant to subsection 2, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
Sec. 15. 1. The Legislative Counsel shall include with the Nevada Revised Statutes the following graphical representations of the assembly districts contained in the shapefile adopted by section 2 of this act, printed here in descriptive form for the convenience of the reader:
κ2021 Statutes of Nevada, 33rd Special Session, Page 8 (CHAPTER 1, SB 1)κ
(a) Assembly District 1:
κ2021 Statutes of Nevada, 33rd Special Session, Page 9 (CHAPTER 1, SB 1)κ
(b) Assembly District 2:
κ2021 Statutes of Nevada, 33rd Special Session, Page 10 (CHAPTER 1, SB 1)κ
(c) Assembly District 3:
κ2021 Statutes of Nevada, 33rd Special Session, Page 11 (CHAPTER 1, SB 1)κ
(d) Assembly District 4:
κ2021 Statutes of Nevada, 33rd Special Session, Page 12 (CHAPTER 1, SB 1)κ
(e) Assembly District 5:
κ2021 Statutes of Nevada, 33rd Special Session, Page 13 (CHAPTER 1, SB 1)κ
(f) Assembly District 6:
κ2021 Statutes of Nevada, 33rd Special Session, Page 14 (CHAPTER 1, SB 1)κ
(g) Assembly District 7:
κ2021 Statutes of Nevada, 33rd Special Session, Page 15 (CHAPTER 1, SB 1)κ
(h) Assembly District 8:
κ2021 Statutes of Nevada, 33rd Special Session, Page 16 (CHAPTER 1, SB 1)κ
(i) Assembly District 9:
κ2021 Statutes of Nevada, 33rd Special Session, Page 17 (CHAPTER 1, SB 1)κ
(j) Assembly District 10:
κ2021 Statutes of Nevada, 33rd Special Session, Page 18 (CHAPTER 1, SB 1)κ
(k) Assembly District 11:
κ2021 Statutes of Nevada, 33rd Special Session, Page 19 (CHAPTER 1, SB 1)κ
(l) Assembly District 12:
κ2021 Statutes of Nevada, 33rd Special Session, Page 20 (CHAPTER 1, SB 1)κ
(m) Assembly District 13:
κ2021 Statutes of Nevada, 33rd Special Session, Page 21 (CHAPTER 1, SB 1)κ
(n) Assembly District 14:
κ2021 Statutes of Nevada, 33rd Special Session, Page 22 (CHAPTER 1, SB 1)κ
(o) Assembly District 15:
κ2021 Statutes of Nevada, 33rd Special Session, Page 23 (CHAPTER 1, SB 1)κ
(p) Assembly District 16:
κ2021 Statutes of Nevada, 33rd Special Session, Page 24 (CHAPTER 1, SB 1)κ
(q) Assembly District 17:
κ2021 Statutes of Nevada, 33rd Special Session, Page 25 (CHAPTER 1, SB 1)κ
(r) Assembly District 18:
κ2021 Statutes of Nevada, 33rd Special Session, Page 26 (CHAPTER 1, SB 1)κ
(s) Assembly District 19:
κ2021 Statutes of Nevada, 33rd Special Session, Page 27 (CHAPTER 1, SB 1)κ
(t) Assembly District 20:
κ2021 Statutes of Nevada, 33rd Special Session, Page 28 (CHAPTER 1, SB 1)κ
(u) Assembly District 21:
κ2021 Statutes of Nevada, 33rd Special Session, Page 29 (CHAPTER 1, SB 1)κ
(v) Assembly District 22:
κ2021 Statutes of Nevada, 33rd Special Session, Page 30 (CHAPTER 1, SB 1)κ
(w) Assembly District 23:
κ2021 Statutes of Nevada, 33rd Special Session, Page 31 (CHAPTER 1, SB 1)κ
(x) Assembly District 24:
κ2021 Statutes of Nevada, 33rd Special Session, Page 32 (CHAPTER 1, SB 1)κ
(y) Assembly District 25:
κ2021 Statutes of Nevada, 33rd Special Session, Page 33 (CHAPTER 1, SB 1)κ
(z) Assembly District 26:
κ2021 Statutes of Nevada, 33rd Special Session, Page 34 (CHAPTER 1, SB 1)κ
(aa) Assembly District 27:
κ2021 Statutes of Nevada, 33rd Special Session, Page 35 (CHAPTER 1, SB 1)κ
(bb) Assembly District 28:
κ2021 Statutes of Nevada, 33rd Special Session, Page 36 (CHAPTER 1, SB 1)κ
(cc) Assembly District 29:
κ2021 Statutes of Nevada, 33rd Special Session, Page 37 (CHAPTER 1, SB 1)κ
(dd) Assembly District 30:
κ2021 Statutes of Nevada, 33rd Special Session, Page 38 (CHAPTER 1, SB 1)κ
(ee) Assembly District 31:
κ2021 Statutes of Nevada, 33rd Special Session, Page 39 (CHAPTER 1, SB 1)κ
(ff) Assembly District 32:
κ2021 Statutes of Nevada, 33rd Special Session, Page 40 (CHAPTER 1, SB 1)κ
(gg) Assembly District 33:
κ2021 Statutes of Nevada, 33rd Special Session, Page 41 (CHAPTER 1, SB 1)κ
(hh) Assembly District 34:
κ2021 Statutes of Nevada, 33rd Special Session, Page 42 (CHAPTER 1, SB 1)κ
(ii) Assembly District 35:
κ2021 Statutes of Nevada, 33rd Special Session, Page 43 (CHAPTER 1, SB 1)κ
(jj) Assembly District 36:
κ2021 Statutes of Nevada, 33rd Special Session, Page 44 (CHAPTER 1, SB 1)κ
(kk) Assembly District 37:
κ2021 Statutes of Nevada, 33rd Special Session, Page 45 (CHAPTER 1, SB 1)κ
(ll) Assembly District 38:
κ2021 Statutes of Nevada, 33rd Special Session, Page 46 (CHAPTER 1, SB 1)κ
(mm) Assembly District 39:
κ2021 Statutes of Nevada, 33rd Special Session, Page 47 (CHAPTER 1, SB 1)κ
(nn) Assembly District 40:
κ2021 Statutes of Nevada, 33rd Special Session, Page 48 (CHAPTER 1, SB 1)κ
(oo) Assembly District 41:
κ2021 Statutes of Nevada, 33rd Special Session, Page 49 (CHAPTER 1, SB 1)κ
(pp) Assembly District 42:
κ2021 Statutes of Nevada, 33rd Special Session, Page 50 (CHAPTER 1, SB 1)κ
2. The Legislative Counsel shall include with the Nevada Revised Statutes the following graphical representations of the senate districts contained in the shapefile adopted by section 3 of this act, printed here in descriptive form for the convenience of the reader:
(a) Senate District 1:
κ2021 Statutes of Nevada, 33rd Special Session, Page 51 (CHAPTER 1, SB 1)κ
(b) Senate District 2:
κ2021 Statutes of Nevada, 33rd Special Session, Page 52 (CHAPTER 1, SB 1)κ
(c) Senate District 3:
κ2021 Statutes of Nevada, 33rd Special Session, Page 53 (CHAPTER 1, SB 1)κ
(d) Senate District 4:
κ2021 Statutes of Nevada, 33rd Special Session, Page 54 (CHAPTER 1, SB 1)κ
(e) Senate District 5:
κ2021 Statutes of Nevada, 33rd Special Session, Page 55 (CHAPTER 1, SB 1)κ
(f) Senate District 6:
κ2021 Statutes of Nevada, 33rd Special Session, Page 56 (CHAPTER 1, SB 1)κ
(g) Senate District 7:
κ2021 Statutes of Nevada, 33rd Special Session, Page 57 (CHAPTER 1, SB 1)κ
(h) Senate District 8:
κ2021 Statutes of Nevada, 33rd Special Session, Page 58 (CHAPTER 1, SB 1)κ
(i) Senate District 9:
κ2021 Statutes of Nevada, 33rd Special Session, Page 59 (CHAPTER 1, SB 1)κ
(j) Senate District 10:
κ2021 Statutes of Nevada, 33rd Special Session, Page 60 (CHAPTER 1, SB 1)κ
(k) Senate District 11:
κ2021 Statutes of Nevada, 33rd Special Session, Page 61 (CHAPTER 1, SB 1)κ
(l) Senate District 12:
κ2021 Statutes of Nevada, 33rd Special Session, Page 62 (CHAPTER 1, SB 1)κ
(m) Senate District 13:
κ2021 Statutes of Nevada, 33rd Special Session, Page 63 (CHAPTER 1, SB 1)κ
(n) Senate District 14:
κ2021 Statutes of Nevada, 33rd Special Session, Page 64 (CHAPTER 1, SB 1)κ
(o) Senate District 15:
κ2021 Statutes of Nevada, 33rd Special Session, Page 65 (CHAPTER 1, SB 1)κ
(p) Senate District 16:
κ2021 Statutes of Nevada, 33rd Special Session, Page 66 (CHAPTER 1, SB 1)κ
(q) Senate District 17:
κ2021 Statutes of Nevada, 33rd Special Session, Page 67 (CHAPTER 1, SB 1)κ
(r) Senate District 18:
κ2021 Statutes of Nevada, 33rd Special Session, Page 68 (CHAPTER 1, SB 1)κ
(s) Senate District 19:
κ2021 Statutes of Nevada, 33rd Special Session, Page 69 (CHAPTER 1, SB 1)κ
(t) Senate District 20:
κ2021 Statutes of Nevada, 33rd Special Session, Page 70 (CHAPTER 1, SB 1)κ
(u) Senate District 21:
κ2021 Statutes of Nevada, 33rd Special Session, Page 71 (CHAPTER 1, SB 1)κ
3. The Legislative Counsel shall include with the Nevada Revised Statutes the following graphical representations of the congressional districts contained in the shapefile adopted by section 9 of this act, printed here in descriptive form for the convenience of the reader:
(a) Congressional District 1:
κ2021 Statutes of Nevada, 33rd Special Session, Page 72 (CHAPTER 1, SB 1)κ
(b) Congressional District 2:
κ2021 Statutes of Nevada, 33rd Special Session, Page 73 (CHAPTER 1, SB 1)κ
(c) Congressional District 3:
κ2021 Statutes of Nevada, 33rd Special Session, Page 74 (CHAPTER 1, SB 1)κ
(d) Congressional District 4:
4. To the extent of any conflict between the graphical representation of a district contained in this section and the shapefile adopted by section 2, 3 or 9 of this act, the contents of the shapefile prevail.
Sec. 16. Those Senators who were elected on November 3, 2020, shall serve out their term of office for which they were elected, and from November 9, 2022, until the expiration of their current term of office, such Senators shall represent the following districts:
κ2021 Statutes of Nevada, 33rd Special Session, Page 75 (CHAPTER 1, SB 1)κ
1. The Senator elected from Senate District 1 shall represent Senate District 1 as described in the shapefile adopted by section 3 of this act.
2. The Senator elected from Senate District 3 shall represent Senate District 3 as described in the shapefile adopted by section 3 of this act.
3. The Senator elected from Senate District 4 shall represent Senate District 4 as described in the shapefile adopted by section 3 of this act.
4. The Senator elected from Senate District 5 shall represent Senate District 5 as described in the shapefile adopted by section 3 of this act.
5. The Senator elected from Senate District 6 shall represent Senate District 6 as described in the shapefile adopted by section 3 of this act.
6. The Senator elected from Senate District 7 shall represent Senate District 7 as described in the shapefile adopted by section 3 of this act.
7. The Senator elected from Senate District 11 shall represent Senate District 11 as described in the shapefile adopted by section 3 of this act.
8. The Senator elected from Senate District 15 shall represent Senate District 15 as described in the shapefile adopted by section 3 of this act.
9. The Senator elected from Senate District 18 shall represent Senate District 18 as described in the shapefile adopted by section 3 of this act.
10. The Senator elected from Senate District 19 shall represent Senate District 19 as described in the shapefile adopted by section 3 of this act.
Sec. 17. 1. Notwithstanding the provisions of NRS 294A.330, the following Senators who were elected on November 6, 2018, may use the term reelect in any material, statement or publication supporting the election of Senators to represent the following districts as Senators:
(a) The Senator elected from Senate District 9, if seeking election in 2022 to Senate District 8, as described in the shapefile adopted by section 3 of this act.
(b) The Senator elected from Senate District 20, if seeking election in 2022 to Senate District 12, as described in the shapefile adopted by section 3 of this act.
2. Notwithstanding the provisions of NRS 294A.330, the following members of the Assembly who were elected on November 3, 2020, may use the term reelect in any material, statement or publication supporting the election of members of the Assembly to represent the following districts as members of the Assembly:
(a) The member of the Assembly elected from Assembly District 27, if seeking election in 2022 to Assembly District 25, as described in the shapefile adopted by section 2 of this act.
(b) The member of the Assembly elected from Assembly District 34, if seeking election in 2022 to Assembly District 37, as described in the shapefile adopted by section 2 of this act.
3. This section does not authorize a person to seek election to an office for which he or she is otherwise ineligible.
Sec. 18. 1. Each member of the State Board of Education who was elected to the office at any election in 2020 by the registered voters of each congressional district:
(a) Shall be deemed, until the expiration of his or her current term of office, to be elected from and represent the same new corresponding congressional district described in subsection 1 of NRS 385.021, as amended by section 14 of this act.
(b) Notwithstanding the provisions of NRS 294A.330, may use the term reelect in any material, statement or publication supporting the election of the member if seeking election in 2024 to the same new corresponding congressional district described in subsection 1 of NRS 385.021, as amended by section 14 of this act.
κ2021 Statutes of Nevada, 33rd Special Session, Page 76 (CHAPTER 1, SB 1)κ
corresponding congressional district described in subsection 1 of NRS 385.021, as amended by section 14 of this act.
2. This section does not authorize a person to seek election to an office for which he or she is otherwise ineligible.
Sec. 19. 1. The Legislature recognizes that:
(a) NRS 0.020 provides for the severability of the provisions of the Nevada Revised Statutes, including, without limitation, sections 1 to 14, inclusive, and 22 and 23 of this act;
(b) NRS 0.020 does not expressly provide for the severability of transitory provisions contained in the Statutes of Nevada, including, without limitation, sections 15 to 21, inclusive, and 24 of this act;
(c) The various provisions of this act are intertwined to the extent that it may appear that the various provisions are inseparable; and
(d) Each district within the plan set forth in this act is subject to challenge and possible close scrutiny under state and federal law by the state and federal courts.
2. It is the intent of the Legislature that each district within the plan set forth in this act should remain effective regardless of the result of any court challenge to any other district within the same plan. To effectuate this intent, given the circumstances set forth in subsection 1, the Legislature sets forth the severability clause set forth in subsection 3.
3. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 20. 1. When deemed necessary or advisable to protect the official interests of the Legislature in any action or proceeding relating to any election or petition district, the Chair of the Legislative Commission may direct the Legislative Counsel Bureau to contract for the services of such professional, technical, clerical and operational personnel and consultants as the Director determines are necessary or advisable for the Legislature to appear in, commence, prosecute, defend or intervene in the action or proceeding, whether or not the Legislative Counsel or the General Counsel and the Legal Division of the Legislative Counsel Bureau have been directed to provide legal representation in the action or proceeding pursuant to NRS 218F.720. In any such action or proceeding, the Legislature may not be assessed or held liable for:
(a) Any filing or other court or agency fees; or
(b) The attorneys fees or any other fees, costs or expenses of any other parties.
2. If a party commences or prosecutes any action or proceeding relating to any election or petition district, the Legislature may elect to intervene in the action or proceeding by filing a motion or request to intervene in the form required by the rules, laws or regulations applicable to the action or proceeding. The motion or request to intervene must be accompanied by an appropriate pleading, brief or dispositive motion setting forth the Legislatures arguments, claims, objections or defenses, in law or fact, or by a motion or request to file such a pleading, brief or dispositive motion at a later time.
3. Notwithstanding any other law to the contrary, upon the filing of a motion or request to intervene pursuant to subsection 2, the Legislature has an unconditional right and standing to intervene in the action or proceeding and to present its arguments, claims, objections or defenses, in law or fact, whether or not the Legislatures interests are adequately represented by existing parties and whether or not the State or any agency, officer or employee of the State is an existing party.
κ2021 Statutes of Nevada, 33rd Special Session, Page 77 (CHAPTER 1, SB 1)κ
existing parties and whether or not the State or any agency, officer or employee of the State is an existing party. If the Legislature intervenes in the action or proceeding, the Legislature has all the rights of a party.
4. The provisions of this section do not make the Legislature a necessary or indispensable party to any action or proceeding relating to any election or petition district unless the Legislature intervenes in the action or proceeding, and no party to the action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.
5. The Director may authorize payment of the expenses and costs incurred pursuant to this section from the Legislative Fund.
6. The provisions of this section are intended to supplement the provisions of NRS 218F.720 and any other provisions of law, except that the provisions of this section control over any conflicting provisions of law. The powers, privileges and immunities granted by the provisions of this section are in addition to any other powers, privileges and immunities recognized by law, and all such powers, privileges and immunities are cumulative, so that the application or attempted application of any one does not bar the application or attempted application of any other.
7. As used in this section:
(a) Action or proceeding relating to any election or petition district means any action, suit, matter, cause, hearing, appeal or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof, if a party to the action or proceeding:
(1) Alleges that the Legislature, by its actions or failure to act, has violated the Constitution, treaties or laws of the United States or the Constitution or laws of this State relating to any election or petition district; or
(2) Challenges, contests or raises as an issue, either in law or in equity, in whole or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability, validity, enforceability or constitutionality of any law, resolution, initiative, referendum or other legislative or constitutional measure relating to any election or petition district.
(b) Agency means any agency, office, department, division, bureau, unit, board, commission, authority, institution, committee, subcommittee or other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.
(c) Board of Regents means the Board of Regents of the University of Nevada, consisting of the members set forth in NRS 396.040.
(d) Director means the person appointed or serving as the Director of the Legislative Counsel Bureau pursuant to NRS 218F.100.
(e) Election or petition district means:
(1) Any district from which one or more members of the Legislature are elected, members of the Board of Regents are elected, members of the State Board of Education are elected or Representatives in Congress are elected; or
(2) Any petition district, as defined in NRS 293.069.
(f) General Counsel means the person appointed or serving as the General Counsel and a chief of the Legal Division of the Legislative Counsel Bureau pursuant to NRS 218F.100.
(g) Legislative Commission means the Legislative Commission created by NRS 218E.150.
(h) Legislative Counsel means the person appointed or serving as the Legislative Counsel and a chief of the Legal Division of the Legislative Counsel Bureau pursuant to NRS 218F.100.
κ2021 Statutes of Nevada, 33rd Special Session, Page 78 (CHAPTER 1, SB 1)κ
(i) Legislative Counsel Bureau means the Legislative Counsel Bureau created by NRS 218F.100.
(j) Legislature means:
(1) The Legislature or either House; or
(2) Any current or former agency, member, officer or employee of the Legislature, the Legislative Counsel Bureau or the Legislative Department.
(k) Representatives in Congress means the Representatives in the Congress of the United States to which this State is entitled.
(l) State Board of Education means the State Board of Education created by NRS 385.021.
Sec. 21. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.
Sec. 22. NRS 218B.050, 218B.300, 218B.305, 218B.310, 218B.315, 218B.320, 218B.325, 218B.330, 218B.335, 218B.340, 218B.345, 218B.350, 218B.355, 218B.360, 218B.365, 218B.370, 218B.375, 218B.380, 218B.385, 218B.390, 218B.600, 218B.605, 218B.610, 218B.615, 218B.620, 218B.625, 218B.630, 218B.635, 218B.640, 218B.645, 218B.650, 218B.655, 218B.660, 218B.665, 218B.670, 218B.675, 218B.680, 218B.685, 218B.690, 218B.695, 218B.700, 218B.705, 218B.710, 218B.715, 218B.720, 218B.725, 218B.730, 218B.735, 218B.740, 218B.745, 218B.750, 218B.755, 218B.760, 218B.765, 218B.770, 218B.775, 218B.780, 218B.785, 218B.790, 218B.795, 218B.800 and 218B.805 are hereby repealed.
Sec. 23. NRS 304.100, 304.110 and 304.120 are hereby repealed.
Sec. 24. 1. This section and sections 18 to 21, inclusive, of this act become effective upon passage and approval.
2. Sections 15, 16 and 17 of this act become effective on January 1, 2022.
3. Sections 1 to 7, inclusive, and 22 of this act become effective on January 1, 2022, for the purposes of filing for office and for nominating and electing members of the Nevada Legislature, and on November 9, 2022, for all other purposes.
4. Sections 8 to 14, inclusive, and 23 of this act become effective:
(a) Upon passage and approval for the purposes of creating each petition district within the State and for determining pursuant to the provisions of NRS 293.127563 the number of signatures required to be gathered from each petition district within the State for a petition for initiative or referendum that proposes a state constitutional amendment or other statewide ballot measure and, notwithstanding any other provisions of law, apply to each such petition that is filed with the Secretary of State pursuant to NRS 295.015:
(1) On or after the effective date of this section; or
(2) On or after August 1, 2021, and before the effective date of this section, if the petition is amended and the revised petition is filed with the Secretary of State on or after the effective date of this section.
(b) Upon passage and approval for all purposes relating to the members of the State Board of Education.
(c) On January 1, 2022, for the purposes of filing for office and for nominating and electing Representatives in the Congress of the United States, and at 9:00 a.m. on January 3, 2023, for all other purposes.
________
κ2021 Statutes of Nevada, 33rd Special Session, Page 79κ
Assembly Bill No. 1Select Committee on Redistricting and Elections
CHAPTER 2
[Approved: November 16, 2021]
AN ACT relating to elections; revising the districts from which the members of the Board of Regents of the University of Nevada are elected; temporarily revising the deadline for a candidate for judicial office to file a declaration of candidacy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The members of the Board of Regents of the University of Nevada are elected by the voters of this State. (Nev. Const. Art. 11, § 7; NRS 396.040) Section 1 of this bill revises the boundaries of the 13 Districts from which the members of the Board of Regents are elected by adopting a shapefile that indicates the areas that comprise each of those Districts based upon the data from the Twenty-fourth United States Census, known as the 2020 Census. Section 9 of this bill provides a graphical representation of the contents of the shapefile for each district and directs the Legislative Counsel to include the graphical representation with the Nevada Revised Statutes.
Section 10 of this bill provides that the members of the Board of Regents who were elected on November 6, 2018, and on November 3, 2020, respectively, shall serve out the term of office for which they were elected by representing the District to which they were elected through January 2, 2023, and representing the corresponding new Districts established by the shapefile adopted by section 1 from January 3, 2023, until the expiration of their current term of office.
Under existing law, a person shall not use the term reelect in any material, statement or publication supporting the election of a candidate unless the candidate: (1) was elected to the identical office with the same district number in the most recent election to fill that office; and (2) is serving and has served continuously in that office from the beginning of the term to which the candidate was elected. (NRS 294A.330) Section 11 of this bill provides that notwithstanding this prohibition on the use of the term reelect, the members who currently serve on the Board of Regents and serve continuously in those offices may use the term reelect in the applicable general election when running for the District from the same new corresponding District if he or she is otherwise qualified for election to that office.
Section 14 of this bill provides that sections 1-5 and 13 of this bill, which revise the boundaries of the Districts from which the members of the Board of Regents are elected, become effective on January 1, 2022, for the purpose of filing for office and for nominating and electing members of the newly revised Districts, and for all other purposes on January 3, 2023.
Existing law provides that the period for filing a declaration of candidacy: (1) for judicial candidates begins the first Monday in January of the year of the election and ends the second Friday after the first Monday in January; and (2) for all nonjudicial candidates begins the first Monday in March of the year of the election and ends the second Friday after the first Monday in March. (NRS 293.177) Sections 6-8 and 14 of this bill provide that for the 2022 General Election the period for filing a declaration of candidacy for judicial candidates is the same as the period for filing a declaration of candidacy for all nonjudicial candidates and, thus, the period for filing a declaration of candidacy for both judicial and nonjudicial candidates for the 2022 General Election will begin the first Monday in March of 2022 and end the second Friday after the first Monday in March of 2022.
κ2021 Statutes of Nevada, 33rd Special Session, Page 80 (CHAPTER 2, AB 1)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The shapefile identified as 2021Regents_BDR_Final, filed with the Secretary of State pursuant to NRS 396.0411, is hereby adopted to describe the districts of the Board of Regents in this State.
2. The districts of the Board of Regents described in the shapefile adopted by subsection 1 are hereby created.
Sec. 2. NRS 396.035 is hereby amended to read as follows:
396.035 1. If any area of this state is omitted from the [provisions of NRS 396.031 to 396.046, inclusive,] shapefile adopted by section 1 of this act, the county clerk, the Carson City Clerk or the Director of the Legislative Counsel Bureau, upon discovery of the omission, shall notify the Secretary of State of the omission. The Secretary of State shall attach that area to the appropriate district as follows:
(a) If the area is surrounded by a district, it must be attached to that district.
(b) If the area is contiguous to two or more districts, it must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the Director of the Legislative Counsel Bureau and with the Secretary of State. No change may be made in any attachments until the districts are again reapportioned.
Sec. 3. NRS 396.040 is hereby amended to read as follows:
396.040 1. The Board of Regents consists of 13 members elected by the registered voters within the districts described in [NRS 396.0415 to 396.046, inclusive.] the shapefile adopted by section 1 of this act.
2. The members of the Board of Regents must be elected as follows:
(a) At the general election in 2002, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 2, 3, 5 and 10.
(b) At the general election in 2004, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 6, 7, 8, 11 and 13.
(c) At the general election in 2006, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 1, 4, 9 and 12.
3. Each member of the Board of Regents must be a resident of the district from which the member is elected.
Sec. 4. NRS 396.0411 is hereby amended to read as follows:
396.0411 The Director of the Legislative Counsel Bureau shall:
1. File a copy of the shapefile adopted by section 1 of this act with the Secretary of State.
2. Retain in an office of the Legislative Counsel Bureau, copies of maps of the districts described in [NRS 396.0415 to 396.046, inclusive.] the shapefile adopted by section 1 of this act.
[2.] 3. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
[3.] 4. File a copy of the maps with the Secretary of State.
κ2021 Statutes of Nevada, 33rd Special Session, Page 81 (CHAPTER 2, AB 1)κ
Sec. 5. NRS 396.0413 is hereby amended to read as follows:
396.0413 The Secretary of State shall:
1. Provide to the clerk of each county and the Clerk of Carson City, copies of the shapefile filed pursuant to subsection 1 of NRS 396.0411 and maps filed pursuant to subsection [3] 4 of NRS 396.0411.
2. Make available copies of the shapefile and maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the shapefile or maps.
Sec. 6. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy with the appropriate filing officer and paid the filing fee required by NRS 293.193 not earlier than [:
(a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January; and
(b) For all other candidates,] the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.
2. A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ...................................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ........., I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .........., in the City or Town of ......., County of .........., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election,
κ2021 Statutes of Nevada, 33rd Special Session, Page 82 (CHAPTER 2, AB 1)κ
election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.
.....................................................................
(Designation of name)
.....................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ...................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ........., in the City or Town of ......., County of ........., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State;
κ2021 Statutes of Nevada, 33rd Special Session, Page 83 (CHAPTER 2, AB 1)κ
State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.
.....................................................................
(Designation of name)
.....................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
Notary Public or other person
authorized to administer an oath
3. The address of a candidate which must be included in the declaration of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:
(a) The candidate shall not list the candidates address as a post office box unless a street address has not been assigned to his or her residence; and
(b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:
(1) A valid drivers license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidates residential address; or
(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidates name and residential address, but not including a voter registration card.
4. If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidates residence or because the rural or remote location of the candidates residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:
(a) A valid drivers license or identification card issued by a governmental agency that contains a photograph of the candidate; and
(b) Alternative proof of the candidates residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
κ2021 Statutes of Nevada, 33rd Special Session, Page 84 (CHAPTER 2, AB 1)κ
opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidates residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
5. The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:
(a) May not be withheld from the public; and
(b) Must not contain the social security number, drivers license or identification card number or account number of the candidate.
6. By filing the declaration of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
7. If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored, the filing officer:
(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored; and
(b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.
8. The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.
9. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.
Sec. 7. NRS 293C.145 is hereby amended to read as follows:
293C.145 1. A general city election must be held in each city of population category three on the first Tuesday after the first Monday in November of the first even-numbered year after incorporation, and at each successive interval of 2 years.
2. There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. The terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.
κ2021 Statutes of Nevada, 33rd Special Session, Page 85 (CHAPTER 2, AB 1)κ
thereafter the terms of office must be 4 years. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.
3. A candidate for an office to be voted for at the general city election must file a declaration of candidacy with the city clerk not earlier than [:
(a) For the office of judge of a municipal court, the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.
(b) For any other office,] the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.
4. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the city council by ordinance or resolution.
5. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
Sec. 8. NRS 293C.175 is hereby amended to read as follows:
293C.175 1. A primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk not earlier than [:
(a) For the office of judge of a municipal court, the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.
(b) For any other office,] the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.
3. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
4. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
5. If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidates name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
κ2021 Statutes of Nevada, 33rd Special Session, Page 86 (CHAPTER 2, AB 1)κ
Sec. 9. 1. The Legislative Counsel shall include with the Nevada Revised Statutes the following graphical representations of the districts of the Board of Regents of the University of Nevada contained in the shapefile adopted by section 1 of this act, printed here in descriptive form for the convenience of the reader:
(a) District 1:
κ2021 Statutes of Nevada, 33rd Special Session, Page 87 (CHAPTER 2, AB 1)κ
(b) District 2:
κ2021 Statutes of Nevada, 33rd Special Session, Page 88 (CHAPTER 2, AB 1)κ
(c) District 3:
κ2021 Statutes of Nevada, 33rd Special Session, Page 89 (CHAPTER 2, AB 1)κ
(d) District 4:
κ2021 Statutes of Nevada, 33rd Special Session, Page 90 (CHAPTER 2, AB 1)κ
(e) District 5:
κ2021 Statutes of Nevada, 33rd Special Session, Page 91 (CHAPTER 2, AB 1)κ
(f) District 6:
κ2021 Statutes of Nevada, 33rd Special Session, Page 92 (CHAPTER 2, AB 1)κ
(g) District 7:
κ2021 Statutes of Nevada, 33rd Special Session, Page 93 (CHAPTER 2, AB 1)κ
(h) District 8:
κ2021 Statutes of Nevada, 33rd Special Session, Page 94 (CHAPTER 2, AB 1)κ
(i) District 9:
κ2021 Statutes of Nevada, 33rd Special Session, Page 95 (CHAPTER 2, AB 1)κ
(j) District 10:
κ2021 Statutes of Nevada, 33rd Special Session, Page 96 (CHAPTER 2, AB 1)κ
(k) District 11:
κ2021 Statutes of Nevada, 33rd Special Session, Page 97 (CHAPTER 2, AB 1)κ
(l) District 12:
κ2021 Statutes of Nevada, 33rd Special Session, Page 98 (CHAPTER 2, AB 1)κ
(m) District 13:
2. To the extent of any conflict between the graphical representation of a district contained in this section and the shapefile adopted by section 1 of this act, the contents of the shapefile prevail.
Sec. 10. 1. Those members of the Board of Regents of the University of Nevada who were elected on November 6, 2018, shall serve out their term of office for which they were elected, and from January 3, 2023, until the expiration of their current term of office, such members shall represent the following districts:
κ2021 Statutes of Nevada, 33rd Special Session, Page 99 (CHAPTER 2, AB 1)κ
of office for which they were elected, and from January 3, 2023, until the expiration of their current term of office, such members shall represent the following districts:
(a) The member elected from District 1 shall represent District 1 described in the shapefile adopted by section 1 of this act.
(b) The member elected from District 4 shall represent District 4 described in the shapefile adopted by section 1 of this act.
(c) The member elected from District 9 shall represent District 9 described in the shapefile adopted by section 1 of this act.
(d) The member elected from District 12 shall represent District 12 described in the shapefile adopted by section 1 of this act.
2. Those members of the Board of Regents of the University of Nevada who were elected on November 3, 2020, shall serve out their term of office for which they were elected, and from January 3, 2023, until the expiration of their current term of office, such members shall represent the following districts:
(a) The member elected from District 2 shall represent District 2 described in the shapefile adopted by section 1 of this act.
(b) The member elected from District 3 shall represent District 3 described in the shapefile adopted by section 1 of this act.
(c) The member elected from District 5 shall represent District 5 described in the shapefile adopted by section 1 of this act.
(d) The member elected from District 10 shall represent District 10 described in the shapefile adopted by section 1 of this act.
Sec. 11. 1. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 8, 2016, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 6, if seeking election in 2022 to District 6 described in the shapefile adopted by section 1 of this act.
(b) The member elected from District 7, if seeking election in 2022 to District 7 described in the shapefile adopted by section 1 of this act.
(c) The member elected from District 8, if seeking election in 2022 to District 8 described in the shapefile adopted by section 1 of this act.
(d) The member elected from District 11, if seeking election in 2022 to District 11 described in the shapefile adopted by section 1 of this act.
(e) The member elected from District 13, if seeking election in 2022 to District 13 described in the shapefile adopted by section 1 of this act.
2. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 6, 2018, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 1, if seeking election in 2024 to District 1 described in the shapefile adopted by section 1 of this act.
(b) The member elected from District 4, if seeking election in 2024 to District 4 described in the shapefile adopted by section 1 of this act.
(c) The member elected from District 9, if seeking election in 2024 to District 9 described in the shapefile adopted by section 1 of this act.
(d) The member elected from District 12, if seeking election in 2024 to District 12 described in the shapefile adopted by section 1 of this act.
3. Notwithstanding the provisions of NRS 294A.330, the following members of the Board of Regents of the University of Nevada who were elected on November 3, 2020, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
κ2021 Statutes of Nevada, 33rd Special Session, Page 100 (CHAPTER 2, AB 1)κ
elected on November 3, 2020, may use the term reelect in any material, statement or publication supporting the election of members to represent the following districts as members of the Board of Regents:
(a) The member elected from District 2, if seeking election in 2026 to District 2 described in the shapefile adopted by section 1 of this act.
(b) The member elected from District 3, if seeking election in 2026 to District 3 described in the shapefile adopted by section 1 of this act.
(c) The member elected from District 5, if seeking election in 2026 to District 5 described in the shapefile adopted by section 1 of this act.
(d) The member elected from District 10, if seeking election in 2026 to District 10 described in the shapefile adopted by section 1 of this act.
4. This section does not authorize a person to seek election to an office for which he or she is otherwise ineligible.
Sec. 12. 1. The Legislature recognizes that:
(a) NRS 0.020 provides for the severability of the provisions of the Nevada Revised Statutes, including, without limitation, sections 1 to 8, inclusive, and 13 of this act;
(b) NRS 0.020 does not expressly provide for the severability of transitory provisions contained in the Statutes of Nevada, including, without limitation, this section and sections 9, 10, 11 and 14 of this act;
(c) The various provisions of this act are intertwined to the extent that it may appear that the various provisions are inseparable; and
(d) Each district within the plan set forth in this act is subject to challenge and possible close scrutiny under state and federal law by the state and federal courts.
2. It is the intent of the Legislature that each district within the plan set forth in this act should remain effective regardless of the result of any court challenge to any other district within the same plan. To effectuate this intent, given the circumstances set forth in subsection 1, the Legislature sets forth the severability clause set forth in subsection 3.
3. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 13. NRS 396.0415, 396.0425, 396.043, 396.0435, 396.044, 396.0445, 396.045, 396.0451, 396.0453, 396.0455, 396.0456, 396.0457 and 396.046 are hereby repealed.
Sec. 14. 1. This section and section 12 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, and 13 of this act become effective on January 1, 2022, for the purpose of filing for office and for nominating and electing members of the Board of Regents of the University of Nevada, and on January 3, 2023, for all other purposes.
3. Sections 9, 10 and 11 of this act become effective on January 1, 2022.
4. Sections 6, 7 and 8 of this act:
(a) Become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2022, for all other purposes; and
(b) Expire by limitation on December 31, 2022.
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