Assembly Bill No. 526–Committee on Elections,
Procedures, and Ethics

 

CHAPTER..........

 

AN ACT relating to elections; authorizing the contestant in a contest of a general election for the office of Assemblyman or Senator to amend the statement of contest by a certain date before the commencement of the legislative session; authorizing the parties in such a contest to take depositions, investigate the contest until the date of the hearing of
the contest and present the evidence or findings of the investigation at the hearing of the contest; providing that the legislative house in which the contest was tried or was to be tried may determine the remedies awarded to a party in such a contest; 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 293.425 is hereby amended to read as follows:

    293.425  1.  If the contest is of the general election for the

office of Assemblyman or Senator, a statement of contest, prepared

as provided in NRS 293.407, and all depositions, ballots and other

documents relating to the contest must be filed with the Secretary of

State within the time provided for the filing of statements of contests

with the clerk of the district court. The parties to such a contest

shall be designated contestant and defendant.

    2.  On or before December 15 of the year immediately

preceding a regular legislative session:

    (a) The contestant in a contest of a general election for the

office of Assemblyman or Senator may amend the statement of

contest filed pursuant to this section by filing an amended

statement of contest and any relevant depositions, ballots and

other documents relating to the contest with the Secretary of State;

and

    (b) Each party in a contest of a general election for the office

of Assemblyman or Senator shall provide the Secretary of State

with a list of the witnesses the party intends to present at the

hearing of the contest.

    3.  Each party in a contest of a general election for the office

of Assemblyman or Senator may:

    (a) Before the hearing of the contest:

        (1) Take the deposition of any witness in the manner

prescribed by rule of court for taking depositions in civil actions in

the district courts; and

        (2) Investigate issues relating to the contest; and

    (b) At the hearing of the contest, present any relevant

depositions and other evidence obtained as a result of such

investigation at the hearing of the contest, including, without

limitation, evidence obtained after the date for filing an amended

statement of contest. If a party obtains evidence after such date,

the evidence may not be included in the statement of contest or

amended statement of contest.

    Sec. 2.  NRS 293.427 is hereby amended to read as follows:

    293.427  1.  The Secretary of State shall deliver the statement

of contest filed pursuant to NRS 293.425 and all other documents ,

including any amendments to the statement, to the presiding

officer of the appropriate house of the Legislature on the day of the

organization of the Legislature.

    2.  Until the contest has been decided, the candidate who

received the highest number of votes for the office in the contested

election must be seated as a member of the appropriate house.

    3.  If, before the contest has been decided, a contestant gives

written notice to the Secretary of State that he wishes to withdraw

his statement of contest, the Secretary of State shall dismiss the

contest.

    4.  The contest, if not dismissed, must be heard and decided as

prescribed by the standing or special rules of the house in which the

contest is to be tried. If after hearing the contest, the house decides

to declare the contestant elected, the Governor shall execute a

certificate of election and deliver it to the contestant. The certificate

of election issued to the other candidate is thereafter void.

    5.  In a contest of a general election for the office of

Assemblyman or Senator, the house in which a contest was tried

or was to be tried shall determine the remedy, if any, to be

awarded to a party to such a contest. The remedy may include,

without limitation, any costs incurred by a party in connection

with the contest.

 

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