Assembly Bill No. 23-Committee on Elections, Procedures, and Ethics
(On Behalf of Assemblywoman Giunchigliani)
Prefiled on January 15, 1997
____________
Referred to Committee on Government Affairs
- SUMMARY--Revises provisions relating to residency requirements for public officers and candidates for public office. (BDR 23-36)
- 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 public officers; revising the residency requirements for public officers and 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 281.050 is hereby amended to read as follows:
281.050 1. The [legal] residence of a person with reference to his eligibility to office is [that place where he has been actually, physically and corporeally present] his actual residence within the state or county or district, as the case may be, during all the period for which residence is claimed by him. [Should] If any person [absent] absents himself from the jurisdiction of his residence [such absence shall] with the intention in good faith to return without delay and continue his residence, the period of absence must not be considered in determining the question of [legal] residence.
2. If a candidate who has filed for elective office moves his residence out of the state, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required actually, and not constructively, to reside, a vacancy is created thereby and the appropriate action for filling [such vacancy shall] the vacancy must be taken. A person shall be deemed to have moved his residence for the purposes of this section if:
(a) He has acted affirmatively to remove himself from one place; and
(b) He has an intention to remain in another place.
3. The district court has jurisdiction to determine the question of [legal] residence in an action for declaratory judgment.
4. As used in this section, "actual residence" means the place where a person is legally domiciled and maintains a permanent habitation. If the person maintains more than one such habitation, the place he declares to be his principal permanent habitation when filing a declaration pursuant to NRS 293.177 shall be deemed to be his actual residence.
Sec. 2. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 [;] or, when a bond is required by law, his refusal or neglect to give [such] the bond within the time prescribed by law.
(f) The ceasing of the incumbent to be [a] an actual, and not constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events enumerated in subsection 1, [should] if the incumbent [fail or refuse] fails or refuses to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring [such] that office vacant.
Sec. 3. NRS 218.010 is hereby amended to read as follows:
218.010 No person [shall be] is eligible to the office of state senator or assemblyman who:
1. Is not a qualified elector and who has not been [a] an actual, and not constructive, citizen resident of this state for 1 year next preceding his election.
2. At the time of election has not attained the age of 21 years.
Sec. 4. NRS 218.043 is hereby amended to read as follows:
218.043 Where a vacancy occurs in the office of state senator or assemblyman during a regular or special session of the legislature or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the procedure for filling the vacancy is as follows:
1. Where the senator or assemblyman was elected from a district wholly within one county, the board of county commissioners of the county from which the former incumbent was elected shall appoint a person of the same political party as the former incumbent and who actually, not constructively, resides in the district to fill the vacancy.
2. Where the former incumbent was elected from a district comprising more than one county, the county commissioners of each county within or partly within the district shall meet to appoint a person of the same political party as the former incumbent and who actually, not constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. [Then the] The boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee shall be chosen by drawing lots among the candidates so selected.
3. The board of county commissioners or the board of the county which has the largest population within the district, as the case may be, shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county which has the largest population within the district, as the case may be, shall give the certificate to the appointee and send a copy of the certificate to the secretary of state.
Sec. 5. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county , all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, not constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. [Then the] The boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.
2. No change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be filed with the secretary of state before 5 p.m. of the second Tuesday in September, and the statutory filing fee must be paid with the designation.
Sec. 6. NRS 293.1755 is hereby amended to read as follows:
293.1755 1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least [30] 90 days before the close of filing of declarations of candidacy, acceptances of candidacy or affidavits of candidacy for the office which he seeks, he has [been a legal resident of] in accordance with NRS 281.050, actually, and not constructively, resided in the state, district, county, township, city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files an acceptance of candidacy, affidavit of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
4. The provisions of this section do not apply to candidates for the office of district attorney.
Sec. 7. 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 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 actually, and not constructively, reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual , and not constructive, residence therein began on a date [30] 90 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 actually, and not constructively, reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual , and not constructive, residence therein began on a date [30] 90 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 , and not constructively, resides [,] in accordance with NRS 281.050, 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. 8. NRS 293.181 is hereby amended to read as follows:
293.181 1. A candidate for the office of state senator or assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned , do swear or affirm that I have been a citizen resident of this state as required by NRS 218.010 and have actually, and not constructively, resided [or intend to reside] at the following residence or residences [during the 12 months immediately preceding the date of the general election for the office for which I have filed.] since November 1 of the preceding year:
Street Address Street Address
City or Town City or Town
State State
From To From To
Dates of Residency Dates of Residency
Street Address Street Address
City or Town City or Town
State State
From To From To
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually , and not constructively, resided or resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate's addresses are listed as a post office box, unless a street address has not been assigned to the residence.
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