Senate Bill No. 41

Senate Bill No. 41-Committee on Government Affairs

(On Behalf of the Nevada Sheriffs and Chiefs Association)

January 29, 1997
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Referred to Committee on Government Affairs

SUMMARY--Revises provisions governing election of candidate to nonpartisan office. (BDR 24-546)

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; requiring a candidate for a nonpartisan office who receives a majority of the votes in a primary election or primary city election to be declared the nominee for that office; requiring the name of that candidate to be placed on the ballot for the general election or general city election; and providing other matters properly relating thereto.

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

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Section 1 NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office.
4. If only one major political party has candidates for a particular office, and no minor political party has nominated a candidate for the office:
(a) If there are more candidates than twice the number to be elected to the office, the candidates of that party who receive the highest number of votes at the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. [Where] Except as otherwise provided in NRS 293.610, where no more than twice the number of candidates to be elected have filed for nomination for any nonpartisan office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. [Those] Except as otherwise provided in this subsection, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office. If only one candidate is to be elected to a nonpartisan office and a candidate receives a majority of the votes in the primary election or primary city election for that office, that candidate must be declared the nominee for the office and his name must be placed on the ballot for the general election or general city election.
Sec. 2 Section 96 of the charter of Boulder City is hereby amended to read as follows:

Section 96. Conduct of city elections.

1. All City elections [shall] must be nonpartisan in character and [shall] must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this charter.

2. All full terms of office in the City Council [shall] must be four years, and Councilmen [shall] must be elected at large without regard to precinct residency. Three full-term Councilmen are to be elected in each year immediately preceding a federal presidential election, and two full-term Councilmen are to be elected in each year immediately following a federal presidential election. In each election, the candidates receiving the greatest number of votes [shall] must be declared elected to the vacant full-term positions.

A. [In the event] If one or more two-year term positions on the Council will be available at the time of a municipal election as provided in Section 12, the candidates [shall] must file specifically for [such position(s).] those positions. Candidates receiving the greatest respective number of votes [shall] must be declared elected to the respective available two-year positions.

3. A city primary election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in May of each odd-numbered year and a city general election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in June of each odd-numbered year.

A. No primary [shall] may be held if no more than [double] twice the number of councilmen to be elected file as candidates. The primary election [shall] must be held [for the purpose of eliminating] to eliminate candidates in excess of a figure [double] twice the number of councilmen to be elected.

B. [If, in the primary City election, a candidate receives votes equal to a majority of voters casting ballots in that election he shall be considered elected to one of the vacancies and his name shall not be placed on the ballot for the General City election.

C.] In each primary and general election, voters [shall] must be entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the city elections.

Sec. 3 Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:

Sec. 5.010 Primary election.

1. A primary election must be held on the date fixed by the [Nevada] election laws [,] of this state, at which time there must be nominated candidates for offices to be voted for at the next general election.

2. A candidate for any office to be voted for at any primary election [shall] must file a declaration or acceptance of candidacy as provided by the [Nevada] election laws [.] of this state.

3. A candidate for mayor, supervisor, police judge or any other office not otherwise provided for by law [shall] must pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.

4. All candidates for the office of mayor and supervisor and candidates for the office of police judge if a second department of the municipal court has been established must be voted upon by the registered voters of Carson City at large.

[5. If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.

6. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.]

Sec. 4 Section 5.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2214, is hereby amended to read as follows:

Sec. 5.010 Primary election.

1. A primary election must be held on the Tuesday after the first Monday in May of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.

2. A candidate for any office to be voted for at any primary municipal election [shall] must file a declaration or acceptance of candidacy as provided by the [Nevada] election laws [.] of this state.

3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law [shall] must pay to the city clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by the city council.

4. All candidates for elective office must be voted upon by the registered voters of the city at large.

[5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected and no general election need be held for that office.

6. If at 5 p.m. on the last day for filing an affidavit or declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election may be held for that office.]

Sec. 5 Section 5.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 193, Statutes of Nevada 1991, at page 363, is hereby amended to read as follows:

Sec. 5.010 Primary municipal elections.

1. On the Tuesday after the [1st] first Monday in May 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.

2. On the Tuesday after the [1st] first Monday in May 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.

3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1 [,] and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.

4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter [,] and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.

5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the primary election. If the last day for filing a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the period for filing expires on the preceding business day at 5 p.m. The city clerk shall collect from each candidate, at the time of filing that candidate's declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.

[6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.

7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.]

Sec. 6 Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections; declaration of candidacy.

1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.

2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge [,] or five or more candidates for the office of councilman, a primary election for any such office [shall] must be held on the Tuesday following the [1st] first Monday in May preceding [such] the general election.

[3. After the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, in which case such candidate shall be declared the winner.]

Sec. 7 Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

Sec. 5.020 Primary elections; declaration of candidacy.

1. Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election [shall] must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at an election held after June 1995 [shall] must file an affidavit of candidacy with the city clerk not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. on the second Tuesday in May. The city clerk shall charge and collect from the candidate and the candidate [shall] must pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

2. If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. [If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.]

3. If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. [If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.]

4. In the primary election:

(a) [The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

(b)] Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

[(c)] (b) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

5. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

Sec. 8 Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections: Declaration of candidacy.

1. A candidate for any office to be voted for at any general municipal election [shall] must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

2. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

3. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

[4. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.