Senate Bill No. 262

Senate Bill No. 262-Committee on Government Affairs

CHAPTER

355

AN ACT relating to public offices; revising provisions governing the filling of vacancies in certain county and township offices; requiring that a notice be posted at the polling place if a candidate for public office dies within a certain period before a general election or general city election; and providing other matters properly relating thereto.

[Approved July 8, 1997]

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

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Section 1. NRS 245.170 is hereby amended to read as follows:
245.170 [When] Except as otherwise provided by specific statute, if a vacancy [exists or occurs] is declared in any county or township office, except the offices of district judge and county commissioner [, the] :
1. Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the office is not otherwise scheduled for election at the next ensuing biennial election:
(a) The board of county commissioners shall appoint a suitable person who is an elector of the county to fill the vacancy until the [1st] first Monday of January after the next ensuing biennial election [.] ;
(b) The office must be placed on the ballot at that election; and
(c) The person elected shall serve the remainder of the unexpired term.
2. At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the county to serve the remainder of the unexpired term.
Sec. 2. NRS 250.040 is hereby amended to read as follows:
250.040 In case of a vacancy in the office of the county assessor, or failure of any county assessor to qualify as required in this chapter, the board of county commissioners shall appoint [some suitable person possessing the qualifications of an elector, residing within such county,] a person pursuant to NRS 245.170 to fill the vacancy. The person [thus] appointed shall give bond and take the oath of office prescribed by law that is required of county assessors elected by the people . [, and shall hold his office until the next ensuing biennial election.]
Sec. 3. NRS 253.030 is hereby amended to read as follows:
253.030 1. The board of county commissioners shall fill a vacancy in the office of public administrator by appointment [until the next ensuing biennial election.] of a person pursuant to NRS 245.170.
2. Any person appointed to the office of public administrator shall, within 10 days, qualify in the same manner as if elected thereto.
Sec. 4. NRS 258.030 is hereby amended to read as follows:
258.030 Except for those townships [which] that the boards of county commissioners have determined do not require an office of constable, if any vacancy exists or occurs in the office of constable in any township, the board of county commissioners shall appoint [some suitable] a person to fill the vacancy [until the next ensuing biennial election.] pursuant to NRS 245.170.
Sec. 5. NRS 4.150 is hereby amended to read as follows:
4.150 1. [When] If any vacancy occurs in the office of justice of the peace, the board of county commissioners shall either:
(a) Appoint [some suitable] a person to fill the vacancy [until the next ensuing biennial election;] pursuant to NRS 245.170; or
(b) Provide by resolution for an election procedure to fill the vacancy for the remainder of the unexpired term.
2. The clerk of the board of county commissioners of each county shall, within 10 days after a vacancy has occurred in the office of justice of the peace by resignation or otherwise, certify the fact of such vacancy to the secretary of state.
Sec. 6. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
If a candidate whose name appears on the ballot at a general election or general city election dies within the periods set forth in NRS 293.368, the county or city clerk shall post a notice of the candidate's death at each polling place where the candidate's name will appear on the ballot.
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. This act becomes effective upon passage and approval.
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