Assembly Bill No. 100-Committee on Elections, Procedures,
and Ethics

(On Behalf of Assemblyman Close)

January 29, 1997
____________

Referred to Committee on Elections, Procedures, and Ethics

SUMMARY--Reduces period for filing declaration or acceptance of candidacy for certain candidates for public office. (BDR 24-302)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to elections; reducing the period for filing a declaration or acceptance of candidacy for certain candidates for public office; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

~^
Section 1 NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection 4, a minor political party which [desires] wishes to place its candidates on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than [January] June 1 preceding the election nor later than the last Friday in June. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list must not be amended after it is filed.
2. The secretary of state shall immediately forward a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than the first Wednesday in July.
4. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has otherwise qualified to place the names of its candidates on the ballot for the general election pursuant to the provisions of this chapter must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 2 NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, 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 or an acceptance of a candidacy [,] and paid the fee required by NRS 293.193 not earlier than the first Tuesday in [March] May of the year in which the election is to be held nor later than 5 p.m. on the first Tuesday in June.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:

Declaration of Candidacy of ........ for the
Office of ................

State of Nevada }
}ss.
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 that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; 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 September 1 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 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; 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 ........, 19...

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 }
}ss.
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 that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; 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; and that I will qualify for the office if elected thereto; and 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 ........, 19...

Notary Public or other person
authorized to administer an oath

3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate's name. The nickname must be in quotation marks and appear immediately before the candidate's surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate's address is listed as a post office box unless a street address has not been assigned to his residence.
Sec. 3 NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the proper filing officer:
(a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.
(b) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district 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 40 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Tuesday in March preceding the general election and not later than 5 p.m. on the third Tuesday in August.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Tuesday in August.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the secretary of state.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the first Tuesday in [March] June of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.

30