Senate Bill No. 111–Committee on Government Affairs

 

(On Behalf of the Nevada Supreme Court)

 

February 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Changes dates for filing of declaration of candidacy for certain judicial offices. (BDR 24‑617)

 

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 elections; changing the dates during which persons who wish to be candidates for certain judicial offices must file their declarations of candidacy; 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 293.177 is hereby amended to read as follows:

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

1-3  name may not be printed on a ballot to be used at a primary election

1-4  unless the person named has filed a declaration of candidacy or an

1-5  acceptance of candidacy, and paid the fee required by NRS 293.193

1-6  not earlier than [the] :

1-7  (a) For a candidate for judicial office, the second Monday in

1-8  January of the year in which the election is to be held nor later

1-9  than 5 p.m. on the fourth Monday in January; and

1-10      (b) For all other candidates, the first Monday in May of the

1-11  year in which the election is to be held nor later than 5 p.m. on the

1-12  third Monday in May.

1-13      2.  A declaration of candidacy or an acceptance of candidacy

1-14  required to be filed by this section must be in substantially the

1-15  following form:

 

2-1  (a) For partisan office:

 

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

2-3  Office of ................

 

2-4  State of Nevada

 

2-5  County of.............   

 

2-6  For the purpose of having my name placed on the official ballot as a

2-7  candidate for the ................ Party nomination for the office of

2-8  ………, I, the undersigned …….., do swear or affirm under penalty

2-9  of perjury that I actually, as opposed to constructively, reside at

2-10  ………., in the City or Town of ……., County of ………., State of

2-11  Nevada; that my actual, as opposed to constructive, residence in the

2-12  state, district, county, township, city or other area prescribed by law

2-13  to which the office pertains began on a date at least 30 days

2-14  immediately preceding the date of the close of filing of declarations

2-15  of candidacy for this office; that my telephone number is ............,

2-16  and the address at which I receive mail, if different than my

2-17  residence, is .........; that I am registered as a member of the

2-18  ................ Party; that I have not, in violation of the provisions of

2-19  NRS 293.176, changed the designation of my political party or

2-20  political party affiliation on an official application to register to vote

2-21  in any state since September 1 before the closing filing date for this

2-22  election; that I generally believe in and intend to support the

2-23  concepts found in the principles and policies of that political party in

2-24  the coming election; that if nominated as a candidate of the

2-25  ................ Party at the ensuing election, I will accept that

2-26  nomination and not withdraw; that I will not knowingly violate any

2-27  election law or any law defining and prohibiting corrupt and

2-28  fraudulent practices in campaigns and elections in this state; that I

2-29  will qualify for the office if elected thereto, including, but not

2-30  limited to, complying with any limitation prescribed by the

2-31  Constitution and laws of this state concerning the number of years

2-32  or terms for which a person may hold the office; and that I

2-33  understand that my name will appear on all ballots as designated in

2-34  this declaration.

 

2-35                                                                               .........................................

2-36                                        (Designation of name)

 

2-37                                                                               .........................................

2-38                              (Signature of candidate for office)

 

3-1  Subscribed and sworn to before

3-2  me this ..... day of the month of ........ of the year....

 

3-3  ............................................

3-4  Notary Public or other person

3-5  authorized to administer an oath

 

3-6  (b) For nonpartisan office:

 

3-7  Declaration of Candidacy of ........ for the

3-8  Office of ................

 

3-9  State of Nevada

 

3-10  County of.......

 

3-11  For the purpose of having my name placed on the official ballot as a

3-12  candidate for the office of ................, I, the undersigned ................,

3-13  do swear or affirm under penalty of perjury that I actually, as

3-14  opposed to constructively, reside at ………, in the City or Town of

3-15  ……., County of ………, State of Nevada; that my actual, as

3-16  opposed to constructive, residence in the state, district, county,

3-17  township, city or other area prescribed by law to which the office

3-18  pertains began on a date at least 30 days immediately preceding the

3-19  date of the close of filing of declarations of candidacy for this

3-20  office; that my telephone number is ..........., and the address at

3-21  which I receive mail, if different than my residence, is ..........; that if

3-22  nominated as a nonpartisan candidate at the ensuing election, I will

3-23  accept the nomination and not withdraw; that I will not knowingly

3-24  violate any election law or any law defining and prohibiting corrupt

3-25  and fraudulent practices in campaigns and elections in this state; that

3-26  I will qualify for the office if elected thereto, including, but not

3-27  limited to, complying with any limitation prescribed by the

3-28  Constitution and laws of this state concerning the number of years

3-29  or terms for which a person may hold the office; and my name will

3-30  appear on all ballots as designated in this declaration.

 

3-31                                                                               .........................................

3-32                                        (Designation of name)

 

3-33                                                                               .........................................

3-34                              (Signature of candidate for office)

 

 

 

4-1  Subscribed and sworn to before

4-2  me this ..... day of the month of ........ of the year ....

 

4-3  ............................................

4-4  Notary Public or other person

4-5  authorized to administer an oath

 

4-6  3.  A person may be a candidate under his given name and

4-7  surname, a contraction or familiar form of his given name followed

4-8  by his surname or the initial of his given name followed by his

4-9  surname. A nickname of not more than 10 letters may be

4-10  incorporated into a candidate’s name. The nickname must be in

4-11  quotation marks and appear immediately before the candidate’s

4-12  surname. A nickname must not indicate any political, economic,

4-13  social or religious view or affiliation and must not be the name of

4-14  any person, living or dead, whose reputation is known on a

4-15  statewide, nationwide or worldwide basis, or in any other manner

4-16  deceive a voter regarding the person or principles for which he is

4-17  voting.

4-18      4.  The address of a candidate which must be included in the

4-19  declaration of candidacy or acceptance of candidacy pursuant to

4-20  subsection 2 must be the street address of the residence where he

4-21  actually, as opposed to constructively, resides in accordance with

4-22  NRS 281.050, if one has been assigned. The declaration or

4-23  acceptance of candidacy must not be accepted for filing if the

4-24  candidate’s address is listed as a post office box unless a street

4-25  address has not been assigned to his residence.

4-26      5.  By filing the declaration or acceptance of candidacy, the

4-27  candidate shall be deemed to have appointed the filing officer for

4-28  the office as his agent for service of process for the purposes of a

4-29  proceeding pursuant to NRS 293.182. Service of such process must

4-30  first be attempted at the appropriate address as specified by the

4-31  candidate in the declaration or acceptance of candidacy. If the

4-32  candidate cannot be served at that address, service must be made by

4-33  personally delivering to and leaving with the filing officer duplicate

4-34  copies of the process. The filing officer shall immediately send, by

4-35  registered or certified mail, one of the copies to the candidate at his

4-36  specified address, unless the candidate has designated in writing to

4-37  the filing officer a different address for that purpose, in which case

4-38  the filing officer shall mail the copy to the last address so

4-39  designated.

4-40      Sec. 2.  NRS 293.180 is hereby amended to read as follows:

4-41      293.180  1.  Ten or more registered voters may[, not earlier

4-42  than the first Monday in April nor later than 5 p.m. on the first

5-1  Friday in May,] file a certificate of candidacy designating any

5-2  registered voter as a candidate for [his] :

5-3  (a) Their major political party’s nomination for any partisan

5-4  elective office, or as a candidate for nomination for any nonpartisan

5-5  office[.] other than a judicial office, not earlier than the first

5-6  Monday in April of the year in which the election is to be held nor

5-7  later than 5 p.m. on the first Friday in May; or

5-8  (b) Nomination for a judicial office, not earlier than the

5-9  second Monday in December of the year immediately preceding

5-10  the year in which the election is to be held nor later than 5 p.m. on

5-11  the first Friday in January of the year in which the election is to

5-12  be held.

5-13      2.  When the certificate has been filed, the officer in whose

5-14  office it is filed shall notify the person named in the certificate. If

5-15  the person named in the certificate files an acceptance of candidacy

5-16  and pays the required fee, as provided by law, he is a candidate in

5-17  the primary election in like manner as if he had filed a declaration of

5-18  candidacy.

5-19      [2.] 3.  If a certificate of candidacy relates to a partisan office,

5-20  all of the signers must be of the same major political party as the

5-21  candidate designated.

 

5-22  H