Assembly Bill No. 412–Assemblymen McClain, Koivisto, Giunchigliani, Angle, Beers, Goicoechea, Griffin, Hettrick, Knecht, Manendo and McCleary

 

March 17, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Increases the period of residency required to qualify as candidate for certain offices. (BDR 24‑359)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to candidates for office; increasing the period of residency required to qualify as a candidate for certain offices; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 293.1755 is hereby amended to read as

1-2  follows:

1-3  293.1755  1.  [In addition to any other requirement] Except as

1-4  otherwise provided by law, no person may be a candidate for any

1-5  office unless, for at least the [30 days] 6 months immediately

1-6  preceding the date of the close of filing of declarations of candidacy

1-7  or acceptances of candidacy for the office which he seeks, he has, in

1-8  accordance with NRS 281.050, actually, as opposed to

1-9  constructively, resided in the State, district, county, township or

1-10  other area prescribed by law to which the office pertains and, if

1-11  elected, over which he will have jurisdiction or which he will

1-12  represent.

1-13      2.  Any person who knowingly and willfully files an acceptance

1-14  of candidacy or declaration of candidacy which contains a false

1-15  statement in this respect is guilty of a gross misdemeanor.

2-1  3.  The provisions of this section do not apply to candidates for

2-2  the office of district attorney.

2-3  Sec. 2.  NRS 293.177 is hereby amended to read as follows:

2-4  293.177  1.  Except as otherwise provided in NRS 293.165, a

2-5  name may not be printed on a ballot to be used at a primary election

2-6  unless the person named has filed a declaration of candidacy or an

2-7  acceptance of candidacy, and paid the fee required by NRS 293.193

2-8  not earlier than the first Monday in May of the year in which the

2-9  election is to be held nor later than 5 p.m. on the third Monday in

2-10  May.

2-11      2.  A declaration of candidacy or an acceptance of candidacy

2-12  required to be filed by this section must be in substantially the

2-13  following form:

2-14      (a) For partisan office:

 

2-15  Declaration of Candidacy of ........ for the

2-16  Office of ................

 

2-17  State of Nevada

 

2-18  County of.................

 

2-19  For the purpose of having my name placed on the official ballot as a

2-20  candidate for the ................ Party nomination for the office of

2-21  ………, I, the undersigned …….., do swear or affirm under penalty

2-22  of perjury that I actually, as opposed to constructively, reside at

2-23  ………., in the City or Town of ……., County of ………., State of

2-24  Nevada; that my actual, as opposed to constructive, residence in the

2-25  State, district, county, township, city or other area prescribed by law

2-26  to which the office pertains began on a date at least [30 days] 6

2-27  months immediately preceding the date of the close of filing of

2-28  declarations of candidacy for this office; that my telephone number

2-29  is ............, and the address at which I receive mail, if different than

2-30  my residence, is .........; that I am registered as a member of the

2-31  ................ Party; that I have not, in violation of the provisions of

2-32  NRS 293.176, changed the designation of my political party or

2-33  political party affiliation on an official application to register to vote

2-34  in any state since September 1 before the closing filing date for this

2-35  election; that I generally believe in and intend to support the

2-36  concepts found in the principles and policies of that political party in

2-37  the coming election; that if nominated as a candidate of the

2-38  ................ Party at the ensuing election, I will accept that

2-39  nomination and not withdraw; that I will not knowingly violate any

2-40  election law or any law defining and prohibiting corrupt and

2-41  fraudulent practices in campaigns and elections in this state; that I

3-1  will qualify for the office if elected thereto, including, but not

3-2  limited to, complying with any limitation prescribed by the

3-3  Constitution and laws of this state concerning the number of years

3-4  or terms for which a person may hold the office; and that I

3-5  understand that my name will appear on all ballots as designated in

3-6  this declaration.

 

3-7                                                                               .........................................

3-8                                               (Designation of name)

 

3-9                                                                               .........................................

3-10                                      (Signature of candidate for office)

 

3-11  Subscribed and sworn to before

3-12  me this ..... day of the month of ........ of the year....

 

3-13  .....................................................

3-14  Notary Public or other person

3-15  authorized to administer an oath

 

3-16      (b) For nonpartisan office:

 

3-17  Declaration of Candidacy of ........ for the

3-18  Office of ................

 

3-19  State of Nevada

 

3-20  County of.................

 

3-21  For the purpose of having my name placed on the official ballot as a

3-22  candidate for the office of ................, I, the undersigned ................,

3-23  do swear or affirm under penalty of perjury that I actually, as

3-24  opposed to constructively, reside at ………, in the City or Town of

3-25  ……., County of ………, State of Nevada; that my actual, as

3-26  opposed to constructive, residence in the State, district, county,

3-27  township, city or other area prescribed by law to which the office

3-28  pertains began on a date at least [30 days] 6 months immediately

3-29  preceding the date of the close of filing of declarations of candidacy

3-30  for this office; that my telephone number is ..........., and the address

3-31  at which I receive mail, if different than my residence, is ..........; that

3-32  if nominated as a nonpartisan candidate at the ensuing election, I

3-33  will accept the nomination and not withdraw; that I will not

3-34  knowingly violate any election law or any law defining and

3-35  prohibiting corrupt and fraudulent practices in campaigns and

3-36  elections in this state; that I will qualify for the office if elected

4-1  thereto, including, but not limited to, complying with any limitation

4-2  prescribed by the Constitution and laws of this state concerning the

4-3  number of years or terms for which a person may hold the office;

4-4  and my name will appear on all ballots as designated in this

4-5  declaration.

 

4-6                                                                               .........................................

4-7                                               (Designation of name)

 

4-8                                                                               .........................................

4-9                                       (Signature of candidate for office)

 

4-10  Subscribed and sworn to before

4-11  me this ..... day of the month of ........ of the year ....

 

4-12  .....................................................

4-13  Notary Public or other person

4-14  authorized to administer an oath

 

4-15      3.  A person may be a candidate under his given name and

4-16  surname, a contraction or familiar form of his given name followed

4-17  by his surname or the initial of his given name followed by his

4-18  surname. A nickname of not more than 10 letters may be

4-19  incorporated into a candidate’s name. The nickname must be in

4-20  quotation marks and appear immediately before the candidate’s

4-21  surname. A nickname must not indicate any political, economic,

4-22  social or religious view or affiliation and must not be the name of

4-23  any person, living or dead, whose reputation is known on a

4-24  statewide, nationwide or worldwide basis, or in any other manner

4-25  deceive a voter regarding the person or principles for which he is

4-26  voting.

4-27      4.  The address of a candidate which must be included in the

4-28  declaration of candidacy or acceptance of candidacy pursuant to

4-29  subsection 2 must be the street address of the residence where he

4-30  actually, as opposed to constructively, resides in accordance with

4-31  NRS 281.050, if one has been assigned. The declaration or

4-32  acceptance of candidacy must not be accepted for filing if the

4-33  candidate’s address is listed as a post office box unless a street

4-34  address has not been assigned to his residence.

4-35      5.  By filing the declaration or acceptance of candidacy, the

4-36  candidate shall be deemed to have appointed the filing officer for

4-37  the office as his agent for service of process for the purposes of a

4-38  proceeding pursuant to NRS 293.182. Service of such process must

4-39  first be attempted at the appropriate address as specified by the

4-40  candidate in the declaration or acceptance of candidacy. If the

5-1  candidate cannot be served at that address, service must be made by

5-2  personally delivering to and leaving with the filing officer duplicate

5-3  copies of the process. The filing officer shall immediately send, by

5-4  registered or certified mail, one of the copies to the candidate at his

5-5  specified address, unless the candidate has designated in writing to

5-6  the filing officer a different address for that purpose, in which case

5-7  the filing officer shall mail the copy to the last address so

5-8  designated.

5-9  Sec. 3.  NRS 293C.185 is hereby amended to read as follows:

5-10      293C.185  1.  Except as otherwise provided in NRS 293C.190,

5-11  a name may not be printed on a ballot to be used at a primary city

5-12  election, unless the person named has filed a declaration of

5-13  candidacy or an acceptance of candidacy and paid the fee

5-14  established by the governing body of the city not earlier than 70

5-15  days before the primary city election and not later than 5 p.m. on the

5-16  60th day before the primary city election.

5-17      2.  A declaration of candidacy required to be filed by this

5-18  section must be in substantially the following form:

 

5-19  Declaration of Candidacy of ........ for the

5-20  Office of ................

 

5-21  State of Nevada

 

5-22  City of......................

 

5-23  For the purpose of having my name placed on the official ballot as a

5-24  candidate for the office of ................, I, the undersigned ................,

5-25  do swear or affirm under penalty of perjury that I actually, as

5-26  opposed to constructively, reside at ......................, in the City or

5-27  Town of ................, County of .................., State of Nevada; that my

5-28  actual, as opposed to constructive, residence in the city, township or

5-29  other area prescribed by law to which the office pertains began on a

5-30  date at least [30 days] 6 months immediately preceding the date of

5-31  the close of filing of declarations of candidacy for this office; that

5-32  my telephone number is …….., and the address at which I receive

5-33  mail, if different than my residence, is ……….; that if nominated as

5-34  a candidate at the ensuing election I will accept the nomination and

5-35  not withdraw; that I will not knowingly violate any election law or

5-36  any law defining and prohibiting corrupt and fraudulent practices in

5-37  campaigns and elections in this state; that I will qualify for the

5-38  office if elected thereto, including, but not limited to, complying

5-39  with any limitation prescribed by the Constitution and laws of this

5-40  state concerning the number of years or terms for which a person

6-1  may hold the office; and my name will appear on all ballots as

6-2  designated in this declaration.

 

6-3                                                                               .........................................

6-4                                               (Designation of name)

 

6-5                                                                               .........................................

6-6                                       (Signature of candidate for office)

 

6-7  Subscribed and sworn to before

6-8  me this ..... day of the month of ……… of the year ……

 

6-9  ......................................................

6-10  Notary Public or other person

6-11  authorized to administer an oath

 

6-12      3.  A person may be a candidate under his given name and

6-13  surname, a contraction or familiar form of his given name followed

6-14  by his surname or the initial of his given name followed by his

6-15  surname. A nickname of not more than 10 letters may be

6-16  incorporated into a candidate’s name. The nickname must be in

6-17  quotation marks and appear immediately before the candidate’s

6-18  surname. A nickname must not indicate any political, economic,

6-19  social or religious view or affiliation and must not be the name of

6-20  any person, living or dead, whose reputation is known on a

6-21  statewide, nationwide or worldwide basis, or in any other manner

6-22  deceive a voter concerning the person or principles for which he is

6-23  voting.

6-24      4.  The address of a candidate that must be included in the

6-25  declaration or acceptance of candidacy pursuant to subsection 2

6-26  must be the street address of the residence where he actually, as

6-27  opposed to constructively, resides in accordance with NRS 281.050,

6-28  if one has been assigned. The declaration or acceptance of

6-29  candidacy must not be accepted for filing if the candidate’s address

6-30  is listed as a post office box unless a street address has not been

6-31  assigned to his residence.

6-32      5.  By filing the declaration or acceptance of candidacy, the

6-33  candidate shall be deemed to have appointed the city clerk as his

6-34  agent for service of process for the purposes of a proceeding

6-35  pursuant to NRS 293C.186. Service of such process must first be

6-36  attempted at the appropriate address as specified by the candidate in

6-37  the declaration or acceptance of candidacy. If the candidate cannot

6-38  be served at that address, service must be made by personally

6-39  delivering to and leaving with the city clerk duplicate copies of the

6-40  process. The city clerk shall immediately send, by registered or

7-1  certified mail, one of the copies to the candidate at his specified

7-2  address, unless the candidate has designated in writing to the city

7-3  clerk a different address for that purpose, in which case the city

7-4  clerk shall mail the copy to the last address so designated.

7-5  Sec. 4.  NRS 293C.200 is hereby amended to read as follows:

7-6  293C.200  1.  [In addition to any other requirement] Except as

7-7  otherwise provided by law, no person may be a candidate for a city

7-8  office unless, for at least the [30 days] 6 months immediately

7-9  preceding the date of the close of filing of declarations or

7-10  acceptances of candidacy for the office that he seeks, he has in

7-11  accordance with NRS 281.050, actually, as opposed to

7-12  constructively, resided in the city or other area prescribed by law to

7-13  which the office pertains and, if elected, over which he will have

7-14  jurisdiction or which he will represent.

7-15      2.  Any person who knowingly and willfully files a declaration

7-16  of candidacy or an acceptance of candidacy that contains a false

7-17  statement in this respect is guilty of a gross misdemeanor.

7-18      Sec. 5.  Section 2.010 of the Charter of the City of Henderson,

7-19  being chapter 266, Statutes of Nevada 1971, as last amended by

7-20  chapter 596, Statutes of Nevada 1995, at page 2206, is hereby

7-21  amended to read as follows:

7-22      Sec. 2.010  City Council: Qualifications; election; term

7-23  of office; salary.

7-24      1.  The legislative power of the City is vested in a City

7-25  Council consisting of four Councilmen and the Mayor.

7-26      2.  The Mayor must be:

7-27      (a) A bona fide resident of the territory which is

7-28  established by the boundaries of the City for the 12 months

7-29  immediately preceding the last day for filing a declaration of

7-30  candidacy for the office.

7-31      (b) A qualified elector within the City.

7-32      3.  Each Councilman must be:

7-33      (a) A bona fide resident of the territory which is

7-34  established by the boundaries of the City for the 12 months

7-35  immediately preceding the last day for filing a declaration of

7-36  candidacy for the office.

7-37      (b) A qualified elector within the ward which he

7-38  represents.

7-39      (c) A resident of the ward which he represents for at least

7-40  [30 days] 6 months immediately preceding the last day for

7-41  filing a declaration of candidacy for the office, except that

7-42  changes in ward boundaries pursuant to the provisions of

7-43  section 1.040 do not affect the right of any elected

7-44  Councilman to continue in office for the term for which he

7-45  was elected.

8-1  4.  All Councilmen, including the Mayor, must be voted

8-2  upon by the registered voters of the City at large and shall

8-3  serve for terms of 4 years.

8-4  5.  The Mayor and Councilmen are entitled to receive a

8-5  salary in an amount fixed by the City Council. The City

8-6  Council shall not adopt an ordinance which increases or

8-7  decreases the salary of the Mayor or the Councilmen during

8-8  the term for which they have been elected or appointed.

8-9  Sec. 6.  Section 2.010 of the Charter of the City of North Las

8-10  Vegas, being chapter 573, Statutes of Nevada 1971, as last amended

8-11  by chapter 344, Statutes of Nevada 1999, at page 1413, is hereby

8-12  amended to read as follows:

8-13      Sec. 2.010  City Council: Qualifications; election; term

8-14  of office; salary.

8-15      1.  The legislative power of the City is vested in a City

8-16  Council consisting of four Councilmen and a Mayor.

8-17      2.  The Mayor must be:

8-18      (a) A bona fide resident of the City for at least 6 months

8-19  immediately preceding his election.

8-20      (b) A qualified elector within the City.

8-21      3.  Each Councilman:

8-22      (a) Must be a qualified elector who has resided in the

8-23  ward which he represents for at least [30 days] 6 months

8-24  immediately preceding the last day for filing a declaration of

8-25  candidacy for his office.

8-26      (b) Must continue to live in the ward he represents, except

8-27  that changes in ward boundaries made pursuant to section

8-28  1.045 of this Charter will not affect the right of any elected

8-29  Councilman to continue in office for the term for which he

8-30  was elected.

8-31      4.  At the time of filing, if so required by an ordinance

8-32  duly enacted, candidates for the [office] offices of Mayor and

8-33  Councilman shall produce evidence in satisfaction of any or

8-34  all of the qualifications provided in subsection 2 or 3,

8-35  whichever is applicable.

8-36      5.  All Councilmen, including the Mayor, must be voted

8-37  upon by the registered voters of the City at large, and their

8-38  terms of office are 4 years.

8-39      6.  The Mayor and Councilmen are entitled to receive a

8-40  salary in an amount fixed by the City Council.

 

 

 

 

9-1  Sec. 7.  Section 1.060 of the Charter of the City of Sparks,

9-2  being chapter 470, Statutes of Nevada 1975, as last amended by

9-3  chapter 41, Statutes of Nevada 2001, at page 394, is hereby

9-4  amended to read as follows:

9-5  Sec. 1.060  Elective officers: Qualifications; salaries.

9-6  [Effective July 1, 2003.]

9-7  1.  The elective officers of the City consist of:

9-8  (a) A Mayor.

9-9  (b) Five members of the Council.

9-10      (c) A City Attorney.

9-11      (d) Municipal Judges, the number to be determined

9-12  pursuant to section 4.010.

9-13      2.  All elective officers of the City must be:

9-14      (a) Bona fide residents of the City for at least [30 days] 6

9-15  months immediately preceding the last day for filing a

9-16  declaration of candidacy for such an office.

9-17      (b) Residents of the City during their term of office, and,

9-18  in the case of a member of the Council, a resident of the ward

9-19  the member represents.

9-20      (c) Registered voters within the City.

9-21      3.  No person may be elected or appointed as a member

9-22  of the Council who was not an actual bona fide resident of the

9-23  ward to be represented by him for a period of at least [30

9-24  days] 6 months immediately preceding the last day for filing

9-25  a declaration of candidacy for the office, or, in the case of

9-26  appointment, 30 days immediately preceding the day the

9-27  office became vacant.

9-28      4.  The City Attorney must be a licensed member of the

9-29  State Bar of Nevada.

9-30      5.  Each elective officer is entitled to receive a salary in

9-31  an amount fixed by the City Council. At any time before

9-32  January 1 of the year in which a general election is held, the

9-33  City Council shall enact an ordinance fixing the initial salary

9-34  for each elective office for the term beginning on the first

9-35  Monday following that election. This ordinance may not be

9-36  amended to increase or decrease the salary for the office of

9-37  Mayor, City Councilman or City Attorney during the term. If

9-38  the City Council fails to enact such an ordinance before

9-39  January 1 of the election year, the succeeding elective officers

9-40  are entitled to receive the same salaries as their respective

9-41  predecessors.

 

 

 

10-1      Sec. 8.  Section 6 of the Moapa Valley Water District Act,

10-2  being chapter 477, Statutes of Nevada 1983, as last amended by

10-3  chapter 218, Statutes of Nevada 2001, at page 991, is hereby

10-4  amended to read as follows:

10-5      Sec. 6.  1.  Each member of the Board must:

10-6      (a) Actually, as opposed to constructively, reside in the

10-7  election area represented for at least [30 days] 6 months

10-8  immediately preceding the date of the close of filing of

10-9  declarations of candidacy as set forth in section 7 of this

10-10  chapter;

10-11     (b) Be a qualified elector of the election area represented;

10-12  and

10-13     (c) Take office upon qualification therefor as provided in

10-14  subsection 2, or on the first Monday in January next

10-15  following the member’s election, whichever is later, and

10-16  leave office upon the first Monday in January next following

10-17  the election of the member’s successor in office.

10-18     2.  Before taking office, each member of the Board must

10-19  qualify by filing with the Clerk of Clark County:

10-20     (a) An oath of office taken and subscribed in the manner

10-21  prescribed by the Clerk; and

10-22     (b) A corporate surety bond, at the expense of the District,

10-23  in an amount determined by the Clerk, but no greater than

10-24  $10,000, which bond must guarantee the faithful performance

10-25  of the duties of the member.

10-26     3.  A vacancy on the Board must be filled by an

10-27  appointment made by the remaining members of the Board.

10-28  The person so appointed must be, for the [30 days] 6 months

10-29  immediately preceding the date of appointment, a resident

10-30  and elector of the election area represented, and, before taking

10-31  office, qualify in the manner prescribed in subsection 2. The

10-32  person shall serve until the first Monday in January following

10-33  the next general district election. If that general district

10-34  election precedes the expiration of the term of the member

10-35  whose absence required the appointment, the balance of that

10-36  term must be filled at that general district election in the same

10-37  manner as prescribed for the election of other members of the

10-38  Board. If the Board fails, neglects or refuses to fill a vacancy

10-39  within 30 days after a vacancy occurs, the Board of County

10-40  Commissioners of Clark County shall fill the vacancy.

10-41     Sec. 9.  Section 2.020 of the Charter of the City of Las Vegas,

10-42  being chapter 517, Statutes of Nevada 1983, at page 1394, is hereby

10-43  amended to read as follows:

10-44     Sec. 2.020  Mayor and Councilmen: Qualifications;

10-45  terms of office; salary.

11-1      1.  The Mayor must be a qualified elector who has

11-2  resided within the territory which is established by the

11-3  boundaries of the City for a period of not less than [30 days]

11-4  6 months immediately before the last day for filing a

11-5  declaration of candidacy for that office and be elected by the

11-6  registered voters of the City at large.

11-7      2.  Each Councilman must be a qualified elector who has

11-8  resided within the ward which he represents for a period of

11-9  not less than [30 days] 6 months immediately before the last

11-10  day for filing a declaration of candidacy for his office and be

11-11  elected by the registered voters of that ward.

11-12     3.  The Mayor or any Councilman automatically forfeits

11-13  the remainder of his term of office and that office becomes

11-14  vacant if he ceases to be a resident of the City or of the ward

11-15  which he represents, as the case may be.

11-16     4.  The respective salaries of the Mayor and Councilmen

11-17  must be fixed by ordinance.

11-18     Sec. 10.  Section 4.020 of the Charter of the City of Las Vegas,

11-19  being chapter 517, Statutes of Nevada 1983, as amended by chapter

11-20  127, Statutes of Nevada 1989, at page 283, is hereby amended to

11-21  read as follows:

11-22     Sec. 4.020  Municipal Court: Qualifications of

11-23  Municipal Judges; salary; Master Judge; departments;

11-24  alternate judges.

11-25     1.  Each Municipal Judge shall devote his full time to the

11-26  duties of his office and must be:

11-27     (a) A duly licensed member, in good standing, of the

11-28  State Bar of Nevada, but this qualification does not apply to

11-29  any Municipal Judge who is an incumbent when this Charter

11-30  becomes effective as long as he continues to serve as such in

11-31  uninterrupted terms.

11-32     (b) A qualified elector who has resided within the

11-33  territory which is established by the boundaries of the City for

11-34  a period of not less than [30 days] 6 months immediately

11-35  before the last day for filing a declaration of candidacy for the

11-36  department for which he is a candidate.

11-37     (c) Voted upon by the registered voters of the City at

11-38  large.

11-39     2.  The salary of the Municipal Judges must be fixed by

11-40  ordinance and be uniform for all departments of the

11-41  Municipal Court. The salary may be increased during the

11-42  terms for which the Judges are elected or appointed.

11-43     3.  The Municipal Judge who holds seniority in years of

11-44  service in office, either elected or appointed, is the Master

11-45  Judge. If two or more Judges are equal in seniority, the

12-1  Master Judge must be chosen from among them by the City

12-2  Council. The Master Judge:

12-3      (a) Shall establish and enforce administrative regulations

12-4  for governing the affairs of the Municipal Court.

12-5      (b) Is responsible for setting trial dates and other matters

12-6  which pertain to the court calendar.

12-7      (c) Shall perform such other court administrative duties as

12-8  may be required by the City Council.

12-9      4.  Alternate judges in sufficient numbers may be

12-10  appointed annually by the Mayor, each of whom:

12-11     (a) Must be a duly licensed member, in good standing, of

12-12  the State Bar of Nevada and have such other qualifications as

12-13  are prescribed by ordinance.

12-14     (b) Has all of the powers and jurisdiction of a Municipal

12-15  Judge while he is acting as such.

12-16     (c) Is entitled to such compensation as may be fixed by

12-17  the City Council.

12-18     5.  Any Municipal Judge, other than an alternate judge,

12-19  automatically forfeits his office if he ceases to be a resident of

12-20  the City.

 

12-21  H