Assembly Bill No. 421–Assemblywoman Weber

 

March 17, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Requires that candidates for certain nonpartisan offices who are unopposed be declared elected to office. (BDR 24‑847)

 

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; requiring that candidates for certain nonpartisan offices who are unopposed be declared elected to office; 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 293.260 is hereby amended to read as follows:

1-2  293.260  1.  Where there is no contest for nomination to a

1-3  particular office, neither the title of the office nor the name of the

1-4  candidate may appear on the ballot.

1-5  2.  If more than one major political party has candidates for a

1-6  particular office, the persons who receive the highest number of

1-7  votes at the primary elections must be declared the nominees of

1-8  those parties for the office.

1-9  3.  If only one major political party has candidates for a

1-10  particular office and a minor political party has nominated a

1-11  candidate for the office or an independent candidate has filed for the

1-12  office, the candidate who receives the highest number of votes in

1-13  the primary election of the major political party must be declared the

1-14  nominee of that party and his name must be placed on the general

1-15  election ballot with the name of the nominee of the minor political

1-16  party for the office and the name of the independent candidate who

1-17  has filed for the office.

2-1  4.  If only one major political party has candidates for a

2-2  particular office and no minor political party has nominated a

2-3  candidate for the office [or] and no independent candidate has filed

2-4  for the office:

2-5  (a) If there are more candidates than twice the number to be

2-6  elected to the office, the names of the candidates must appear on the

2-7  ballot for a primary election. Except as otherwise provided in this

2-8  paragraph, the candidates of that party who receive the highest

2-9  number of votes in the primary election, not to exceed twice the

2-10  number to be elected to that office at the general election, must be

2-11  declared the nominees for the office. If only one candidate is to be

2-12  elected to the office and a candidate receives a majority of the votes

2-13  in the primary election for that office, that candidate must be

2-14  declared the nominee for that office and his name must be placed on

2-15  the ballot for the general election.

2-16      (b) If there are no more than twice the number of candidates to

2-17  be elected to the office, the candidates must, without a primary

2-18  election, be declared the nominees for the office.

2-19      5.  Where no more than the number of candidates to be elected

2-20  have filed for nomination for any office, the names of those

2-21  candidates must be omitted from all ballots for a primary election

2-22  and placed on all ballots for a general election.

2-23      6.  If at 5 p.m. on the last day for filing a declaration of

2-24  candidacy, there is only one candidate who has filed for

2-25  nomination for a nonpartisan office, other than for the office of

2-26  Justice of the Supreme Court, that candidate must be declared

2-27  elected and no election may be held for that office.

2-28      7.  If there are more candidates than twice the number to be

2-29  elected to a nonpartisan office, the names of the candidates must

2-30  appear on the ballot for a primary election. Those candidates who

2-31  receive the highest number of votes at that election, not to exceed

2-32  twice the number to be elected, must be declared nominees for the

2-33  office.

 

2-34  H