Assembly Bill No. 285–Assemblymen Koivisto, McClain, Chowning, Conklin, Ohrenschall, Anderson, Buckley, Carpenter, Collins, Manendo, McCleary, Oceguera, Parks, Pierce, Sherer and Williams
Joint Sponsor: Senator Carlton
CHAPTER..........
AN ACT relating to elections; requiring a declaration of candidacy or acceptance of candidacy to include a statement that the declarant is a qualified elector and, if he has been convicted of a felony, that his civil rights have been restored; prohibiting a filing officer from accepting a declaration of candidacy or acceptance of candidacy if the candidate has not presented certain identification; making various changes concerning investigations to determine whether a candidate has been convicted of a felony and, if so, whether he has had his civil rights restored; 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 293.177 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 candidacy, and has paid the fee required by NRS
293.193 not earlier than the first Monday in May of the year in
which the election is to be held nor later than 5 p.m. on the third
Monday in May.
2. A declaration of candidacy or an acceptance of 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
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 under penalty
of perjury that I actually, as opposed to constructively, reside at
………., in the City or Town of ……., County of ………., State of
Nevada; that my actual, as opposed to constructive, residence in the
state, district, county, township, city or other area prescribed by law
to which the office pertains began on a date at least 30 days
immediately preceding the date of the close of filing of declarations
of candidacy for this office; that my telephone number is ............,
and the address at which I receive mail, if different than my
residence, is .........; that I am registered as a member of the
................ Party; that I am a qualified elector pursuant to Section 1
of Article 2 of the Constitution of the State of Nevada; that if I
have ever been convicted of treason or a felony, my civil rights
have been restored by a court of competent jurisdiction; 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, including, but not limited to, complying with any limitation
prescribed by the Constitution and laws of this state concerning the
number of years or terms for which a person may hold the office;
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 the month of ……… of the year ……
.........................................................
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
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 under penalty of perjury that I actually, as
opposed to constructively, reside at ………, in the City or Town of
……., County of ………, State of Nevada; that my actual, as
opposed to constructive, residence in the state, district, county,
township, city or other area prescribed by law to which the office
pertains began on a date at least 30 days immediately preceding the
date of the close of filing of declarations of candidacy for this
office; that my telephone number is ..........., and the address at
which I receive mail, if different than my residence, is ..........; that I
am a qualified elector pursuant to Section 1 of Article 2 of the
Constitution of the State of Nevada; that if I have ever been
convicted of treason or a felony, my civil rights have been restored
by a court of competent jurisdiction; 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; that I
will qualify for the office if elected thereto, including, but not
limited to, complying with any limitation prescribed by the
Constitution and laws of this state concerning the number of years
or terms for which a person may hold the office; 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 the month of ……… of the year ……
.........................................................
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, economic,
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. The address of a candidate which must be included in the
declaration of candidacy or acceptance of candidacy pursuant to
subsection 2 must be the street address of the residence where he
actually, as opposed to constructively, resides in accordance with
NRS 281.050, if one has been assigned. The declaration or
acceptance of candidacy must not be accepted for filing if [the] :
(a) The candidate’s address is listed as a post office box unless a
street address has not been assigned to his residence [.] ; or
(b) The candidate does not present to the filing officer:
(1) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate
and the candidate’s address; or
(2) A current utility bill, bank statement, paycheck, or
document issued by a governmental entity, including, without
limitation, a check, which indicates the candidate’s name and
address.
5. By filing the declaration or acceptance of candidacy, the
candidate shall be deemed to have appointed the filing officer for
the office as his agent for service of process for the purposes of a
proceeding pursuant to NRS 293.182. Service of such process must
first be attempted at the appropriate address as specified by the
candidate in the declaration or acceptance of candidacy. If the
candidate cannot be served at that address, service must be made by
personally delivering to and leaving with the filing officer duplicate
copies of the process. The filing officer shall immediately send, by
registered or certified mail, one of the copies to the candidate at his
specified address, unless the candidate has designated in writing to
the filing officer a different address for that purpose, in which case
the filing officer shall mail the copy to the last address so
designated.
6. If the filing officer receives credible evidence indicating
that a candidate has been convicted of a felony and has not had
his civil rights restored by a court of competent jurisdiction, the
filing officer:
(a) May conduct an investigation to determine whether the
candidate has been convicted of a felony and, if so, whether he has
had his civil rights restored by a court of competent jurisdiction;
and
(b) Shall transmit the credible evidence and the findings from
such investigation to the Attorney General, if the filing officer is
the Secretary of State, or to the district attorney, if the filing
officer is a person other than the Secretary of State.
7. The receipt of information by the Attorney General or
district attorney pursuant to subsection 6 must be treated as a
challenge of a candidate pursuant to subsections 4 and 5 of NRS
293.182. If the ballots are printed before a court of competent
jurisdiction makes a determination that a candidate has been
convicted of a felony and has not had his civil rights restored by a
court of competent jurisdiction, the filing officer must post a
notice at each polling place where the candidate’s name will
appear on the ballot informing the voters that the candidate is
disqualified from entering upon the duties of the office for which
the candidate filed the declaration of candidacy or acceptance of
candidacy.
Sec. 2. NRS 293C.185 is hereby amended to read as follows:
293C.185 1. Except as otherwise provided in NRS 293C.190,
a name may not be printed on a ballot to be used at a primary city
election, unless the person named has filed a declaration of
candidacy or an acceptance of candidacy and has paid the fee
established by the governing body of the city not earlier than 70
days before the primary city election and not later than 5 p.m. on the
60th day before the primary city election.
2. A declaration of candidacy required to be filed by this
section must be in substantially the following form:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
City 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 under penalty of perjury that I actually, as
opposed to constructively, reside at ......................, in the City or
Town of ................, County of .................., State of Nevada; that my
actual, as opposed to constructive, residence in the city, township or
other area prescribed by law to which the office pertains began on a
date at least 30 days immediately preceding the date of the close of
filing of declarations of candidacy for this office; that my telephone
number is …….., and the address at which I receive mail, if
different than my residence, is ……….; that I am a qualified
elector pursuant to Section 1 of Article 2 of the Constitution of the
State of Nevada; that if I have ever been convicted of treason or a
felony, my civil rights have been restored by a court of competent
jurisdiction; that if nominated as a 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; that I will qualify for the office if elected
thereto, including, but not limited to, complying with any limitation
prescribed by the Constitution and laws of this state concerning the
number of years or terms for which a person may hold the office;
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 the month of ……… of the year ……
.........................................................
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, economic,
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 concerning the person or principles for which he is
voting.
4. The address of a candidate that must be included in the
declaration or acceptance of candidacy pursuant to subsection 2
must be the street address of the residence where he actually, as
opposed to constructively, resides in accordance with NRS 281.050,
if one has been assigned. The declaration or acceptance of
candidacy must not be accepted for filing if [the] :
(a) The candidate’s address is listed as a post office box unless a
street address has not been assigned to his residence [.] ; or
(b) The candidate does not present to the filing officer:
(1) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate
and the candidate’s address; or
(2) A current utility bill, bank statement, paycheck, or
document issued by a governmental entity, including, without
limitation, a check, which indicates the candidate’s name and
address.
5. By filing the declaration or acceptance of candidacy, the
candidate shall be deemed to have appointed the city clerk as his
agent for service of process for the purposes of a proceeding
pursuant to NRS 293C.186. Service of such process must first be
attempted at the appropriate address as specified by the candidate in
the declaration or acceptance of candidacy. If the candidate cannot
be served at that address, service must be made by personally
delivering to and leaving with the city clerk duplicate copies of the
process. The city clerk shall immediately send, by registered or
certified mail, one of the copies to the candidate at his specified
address, unless the candidate has designated in writing to the city
clerk a different address for that purpose, in which case the city
clerk shall mail the copy to the last address so designated.
6. If the city clerk receives credible evidence indicating that a
candidate has been convicted of a felony and has not had his civil
rights restored by a court of competent jurisdiction, the city clerk:
(a) May conduct an investigation to determine whether the
candidate has been convicted of a felony and, if so, whether he has
had his civil rights restored by a court of competent jurisdiction;
and
(b) Shall transmit the credible evidence and the findings from
such investigation to the city attorney.
7. The receipt of information by the city attorney pursuant to
subsection 6 must be treated as a challenge of a candidate
pursuant to subsections 4 and 5 of NRS 293C.186. If the ballots
are printed before a court of competent jurisdiction makes a
determination that a candidate has been convicted of a felony and
has not had his civil rights restored by a court of competent
jurisdiction, the city clerk must post a notice at each polling place
where the candidate’s name will appear on the ballot informing
the voters that the candidate is disqualified from entering upon the
duties of the office for which the candidate filed the declaration of
candidacy or acceptance of candidacy.
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