[Rev. 12/2/2022 3:26:11 PM]

[NAC-306 Revised Date: 11-22]

CHAPTER 306 - RECALL OF PUBLIC OFFICERS

NOTICE OF INTENT TO CIRCULATE PETITION FOR RECALL

306.005        Restriction on time of filing.

306.007        Notification of public officer to be recalled, county clerk and Secretary of State.

PETITION TO RECALL PUBLIC OFFICER

306.015        Filing of proposed petition with Secretary of State; compliance with requirements.

306.018        Notification of filing officer and public officer to be recalled of submission of petition for signature verification.

306.020        Verification by county clerk of number of signatures; notification of Secretary of State.

306.021        Notification that number of signatures is sufficient deemed complete upon mailing by Secretary of State.

306.022        Correction of clerical error.

306.023        Notification of public officer to be recalled of filing of petition.

306.025        Notification of Secretary of State by county or city clerk of special election.

306.031        Withdrawal.

306.040        Complaint to challenge petition: Form of case caption.

MISCELLANEOUS PROVISIONS

306.045        Copy of petition to nominate other candidates to be filed with filing officer.

306.050        Candidate nominated as successor: Withdrawal of candidacy.

 

 

 

NOTICE OF INTENT TO CIRCULATE PETITION FOR RECALL

      NAC 306.005  Restriction on time of filing. (NRS 306.011)  A notice of intent to circulate a petition to recall a public officer pursuant to subsection 1 of NRS 306.015 may not be filed during the period the circulation or filing of the petition to recall the public officer is prohibited pursuant to Section 9 of Article 2 of the Constitution of the State of Nevada.

     (Added to NAC by Sec’y of State, eff. 3-15-96)

      NAC 306.007  Notification of public officer to be recalled, county clerk and Secretary of State. (NRS 306.011)

     1.  The filing officer with whom a public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a notice of intent is filed pursuant to subsection 1 of NRS 306.015. If the filing officer is not the county clerk, the filing officer shall also notify the county clerk, in writing, within 2 days after the notice of intent is filed.

     2.  Within 1 working day after the county clerk receives a notice of intent to circulate a petition to recall a public officer, the county clerk shall deliver a copy of the notice to the Secretary of State.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R183-01, 5-10-2002)

PETITION TO RECALL PUBLIC OFFICER

REVISER’S NOTE.

      Ch. 288, Stats. 2019, which amended chapter 306 of NRS to revise the provisions governing a petition for the recall of a public officer, contains the following provision not included in NRS:

      “Sec. 24.  The regulations adopted by the Secretary of State which are codified as NAC 306.010, 306.012 and 306.014 are hereby declared void. In preparing the supplements to the Nevada Administrative Code on or after passage and approval of this bill [June 1, 2019], the Legislative Counsel shall remove those regulations.”

 

      NAC 306.015  Filing of proposed petition with Secretary of State; compliance with requirements. (Nev. Const. Art. 2, § 9; NRS 293.124, 306.011, 306.015, 306.020, 306.030)

     1.  The persons proposing to circulate a petition to recall a public officer shall file a copy of the proposed petition with the Secretary of State on the date that the notice of intent to circulate the petition is filed with the filing officer pursuant to NRS 306.015. A copy of the petition may not be circulated until such time that the copy of the proposed petition and the notice of intent are filed.

     2.  The copy of the proposed petition to recall a public officer must comply with the requirements set forth in Section 9 of Article 2 of the Nevada Constitution and NRS 306.020 and 306.030, including, without limitation, the requirement that the petition contain a summary, not to exceed 200 words, of the reasons why the recall is demanded.

     (Added to NAC by Sec’y of State by R084-21, eff. 2-28-2022)

      NAC 306.018  Notification of filing officer and public officer to be recalled of submission of petition for signature verification. (NRS 306.011)  The filing officer with whom the public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a petition to recall that public officer was submitted for signature verification pursuant to subsection 3 of NRS 306.015.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R086-00, 8-22-2000)

      NAC 306.020  Verification by county clerk of number of signatures; notification of Secretary of State. (NRS 306.011)

     1.  A county clerk may, after determining the total number of signatures contained in a petition to recall a public officer pursuant to NRS 293.1276, notify the Secretary of State by telephone of the number of signatures contained in the petition. The clerk shall mail to the Secretary of State written confirmation of the number of signatures contained in the petition within 1 day after the clerk notifies the Secretary of State by telephone.

     2.  A county clerk may, after verifying the number of signatures contained in a petition to recall a public officer pursuant to NRS 293.1277, notify the Secretary of State by telephone of the number of verified signatures contained in the petition.

     (Added to NAC by Sec’y of State, eff. 3-22-94)

      NAC 306.021  Notification that number of signatures is sufficient deemed complete upon mailing by Secretary of State. (NRS 306.011)  The notice that is required by subsection 1 of NRS 306.040 shall be deemed completed when the Secretary of State mails the notices with a correct address and the correct amount of postage attached.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98)

      NAC 306.022  Correction of clerical error. (NRS 293.124, 306.011)

     1.  If the county clerk makes a clerical error regarding a petition to recall a public officer, the county clerk may correct the error before filing, pursuant to subsection 5 of NRS 306.015, the petition with the filing officer with whom the public officer to be recalled filed his or her declaration of candidacy.

     2.  If the county clerk chooses to correct the error, he or she shall:

     (a) Notify the persons who filed the notice of intent pursuant to subsection 1 of NRS 306.015, the public officer to be recalled and the Secretary of State of the substance of the error;

     (b) Inform the persons specified in paragraph (a) of the correct information or procedure; and

     (c) Prepare a certificate of error, attach it to the corrected document and provide a copy of the certificate to each of the persons specified in paragraph (a).

     3.  Correction of a clerical error by a county clerk does not affect the deadlines concerning the process of recalling a public officer set forth in chapter 306 of NRS.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R084-21, 2-28-2022)

      NAC 306.023  Notification of public officer to be recalled of filing of petition. (NRS 293.124, 306.011)  The filing officer with whom a public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a petition to recall a public officer is filed pursuant to subsection 5 of NRS 306.015.

     (Added to NAC by Sec’y of State by R217-97, eff. 5-26-98; A by R084-21, 2-28-2022)

      NAC 306.025  Notification of Secretary of State by county or city clerk of special election. (NRS 293.124, 306.011)  If a county clerk or city clerk is the officer with whom a petition to recall a public officer is filed pursuant to subsection 5 of NRS 306.015, the county clerk or city clerk shall, within 3 days after:

     1.  The Secretary of State completes the notification required by subsection 1 of NRS 306.040; or

     2.  The county clerk or city clerk receives a court order pursuant to subsection 7 of NRS 306.040 to call a special election,

Ê provide the Secretary of State with written notification of the date the county clerk or city clerk will issue the call for a special election and the date the special election will be held.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R086-00, eff. 8-22-2000; R084-21, 2-28-2022)

      NAC 306.031  Withdrawal. (NRS 306.011, 306.015)

     1.  A petition to recall a public officer may be withdrawn if:

     (a) At least two of the registered voters who signed the notice of intent pursuant to NRS 306.015 submit a notice of withdrawal to the filing officer on a form prescribed by the Secretary of State; and

     (b) The notice of withdrawal described in paragraph (a) is received by the filing officer before the petition is submitted to the filing officer for signature verification.

     2.  Except as otherwise provided in subsection 3, once a petition to recall a public officer is withdrawn pursuant to subsection 1, no further action may be taken on that petition.

     3.  Not later than 24 hours after receiving a notice of withdrawal pursuant to subsection 1, the filing officer shall notify:

     (a) The Secretary of State;

     (b) The public officer who is the subject of the recall; and

     (c) If only two of the registered voters who signed the notice of intent pursuant to NRS 306.015 submitted the notice of withdrawal described in subsection 1, the third registered voter who signed the notice of intent pursuant to NRS 306.015.

Ê The notification required pursuant to this subsection must be sent by mail, electronic mail or facsimile machine.

     (Added to NAC by Sec’y of State by R083-21, eff. 2-28-2022)

      NAC 306.040  Complaint to challenge petition: Form of case caption. (NRS 306.011)  The case caption for each complaint to challenge a petition for the recall of a public officer filed pursuant to NRS 306.040 must name as the plaintiff in the case the public officer who is the subject of the petition for recall. The caption must also name as the defendants in the case:

     1.  The officer with whom the petition was filed, in his or her official capacity; and

     2.  The three registered voters who signed the notice of intent to circulate the petition pursuant to NRS 306.015, as real parties in interest.

     (Added to NAC by Sec’y of State, eff. 6-28-94)

MISCELLANEOUS PROVISIONS

      NAC 306.045  Copy of petition to nominate other candidates to be filed with filing officer. (NRS 306.011)

     1.  Before a petition to nominate other candidates for office described in NRS 306.110 may be presented to registered voters for their signatures, a copy of the petition must be placed on file with the officer with whom the petition to recall is filed.

     2.  A petition to nominate other candidates for office may not be filed pursuant to subsection 2 of NRS 306.110 before the petition to recall a public officer is filed with the filing officer.

     (Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)

      NAC 306.050  Candidate nominated as successor: Withdrawal of candidacy. (NRS 306.011)  A candidate for office nominated pursuant to NRS 306.110 may withdraw his or her candidacy by presenting his or her written withdrawal of candidacy in person to the officer who receives the filings for candidacy for that office not later than 19 days before the date of the special election.

     (Added to NAC by Sec’y of State, eff. 3-15-96; A by R013-00, 4-4-2000)