Nevada 2017 Regular Session Status: Enacted

AB 21 — Makes various changes relating to elections. (BDR 24-2)

Last action — Approved by the Governor. Chapter 502.

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    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2016. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

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(Reprinted with amendments adopted on May 30, 2017) SECOND REPRINT A.B.
Assembly Bill No.
21 A SSEMBLY B ILL NO .
21–Committee on Legislative Operations and Elections CHAPTER..........
21–COMMITTEE ON L EGISLATIVE O PERATIONS AND ELECTIONS (ON B EHALF OF THE SECRETARY OF STATE ) PREFILED NOVEMBER 16, 2016 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes relating to elections.
(BDR 24-2) FISCAL NOTE:
Effect on Local Government:
May Have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Under existing law, several different statutes provide that if a court finds that a disqualified from taking office;
Under existing law, several different statutes provide that if a court finds that a candidate fails to meet certain qualifications required for office:
and (2) the name of the candidate must not appearate is on the ballot, except that if the candidate’s name cannot be removed from the ballot because the statutory deadline for changing the ballot has passed, a sign must be posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office.
(1) the candidate is disqualified from taking office;
- *AB21_R2* – 2 – (NRS 293.177, 293.182, 293C.185, 293C.186) Existing law also sets forth the same contains a false statement.
and (2) the name of the candidate must not appear because the statutory deadline for changing the ballot has passed, a sign must belot posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office.
(NRS 293.184, 293C.1865) Finally, under existing law, there are different types of preelection court actions that may be brought to challenge a candidate on grounds that the candidate fails to meet any qualification required for office.
(NRS 293.177, 293.182, 293C.185, 293C.186) Existing law also sets forth the same remedies if a candidate files a declaration or acceptance of candidacy which there are different types of preelection court actions that may be brought tolaw, challenge a candidate on grounds that the candidate fails to meet any qualification required for office.
600, 604-05 (2008)) To ensure consistency in this existing law, this bill revises and clarifies the remedies that are available when a candidate fails to meet any qualification required for office or files a declaration or acceptance of candidacy which contains a false statement.
600, 604-05 (2008)) To ensure consistency in this existing law, this bill revises and clarifies the remedies that are available when a candidate fails to meet any qualification a false statement.
Sections 1.3, 3 and 5-7.5 of this bill reorganize existing law so that the remedies available in preelection court actions are set forth clearly in a candidate fails to meet any qualification required for office:
Sections 1.3, 3 and 5-7.5 of this bill reorganize existing law so that the remedies available in preelection court actions are set forth clearly in section 1.3, which provides that in any preelection action where the court finds that a candidate fails to meet any qualification required for office:
and (2) the name of the candidate must not appear on the ballot, except that if the candidate’s name cannot be removed from the ballot because the statutory deadline for changing the ballot has passed, a sign must be posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office.
and (2) the name of the candidate must not appear on the ballot, except that if the candidate’s name cannot be removed from the ballot posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office.
Under existing constitutional law, Section 6 of Article 4 of the Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other Commission on Ethics v.
- 79th Session (2017) – 2 – Under existing constitutional law, Section 6 of Article 4 of the Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other branch of Nevada’s State Government.
(Heller v.
Legislature, 120 Nev.
456 (2004);
Commission on Ethics v.
Mason’s Manual of 456 (2004);
Mason’s Manual of the statutes who may be unfamiliar with the existing constitutional law, section 1.7 of this bill reiterates well-established principles of constitutional law that any statutes relating to the qualifications, elections and returns of members or members- elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution.
Legislative Procedure §§ 560-564 (2010)) To provide assistance to the reader of the statutes who may be unfamiliar with the existing constitutional law, section 1.7 of this bill reiterates well-established principles of constitutional law that any statutes relating to the qualifications, elections and returns of members or members- elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution.
and (2) provides that a candidacy which contains a false statement regarding residency is guilty of a gross misdemeanor.
and (2) provides that a candidate who knowingly and willfully files a declaration or acceptance of candidacy which contains a false statement regarding residency is guilty of a gross misdemeanor.
Existing law specifies the forms for a declaration or acceptance of candidacy and a declaration of residency and requires certain information to be included on one type of acceptable identification or documentation as proof of the candidate’sth identity and residency when the candidate files a declaration or acceptance of candidacy.
and a declaration of residency and requires certain information to be included on the forms.
Existing law also requires a candidate to present the filing officer with one type of acceptable identification or documentation as proof of the candidate’s identity and residency when the candidate files a declaration or acceptance of candidacy.
Sections 3 and 6 also revise the provisions which require the candidate to present the filing - *AB21_R2* – 3 – officer with certain types of acceptable identification and documentation as proof of the candidate’s identity and residency.
Sections 3 and 6 also revise the provisions which require the candidate to present the filing officer with certain types of acceptable identification and documentation as proof of the candidate’s identity and residency.
Specifically, in certain limited circumstances, sections 3 and 6 allow the candidate to present the filing officer with alternative proof of the candidate’s residency when a street address has not been assigned to the candidate’s residence or when the rural or remote location of the candidate’s residence makes it impracticable to present any of the traditional typExisting law establishes deadlines for filing certain written challenges to the qualifications of candidates and for determining whether probable cause exists to support such challenges, but the deadlines are not consistent.
Specifically, in certain limited circumstances, sections 3 and 6 allow the candidate to present the filing officer with alternative proof of the candidate’s residency when a street address has not been assigned to the candidate’s residence or when the rural or remote location of types of documentation as proof of residency.ble to present any of the traditional Existing law establishes deadlines for filing certain written challenges to the qualifications of candidates and for determining whether probable cause exists to support such challenges, but the deadlines are not consistent.
Existing law defines the term “actual residence” to mean the place where a candidate is legally domiciled and maintains a permanent habitation, and when a designated by the candidate as his or her principal permanent habitation is deemed to be the candidate’s actual residence.
Existing law defines the term “actual residence” to mean the place where a candidate is legally domiciled and maintains a permanent habitation, and when a candidate maintains more than one place of permanent habitation, the place designated by the candidate as his or her principal permanent habitation is deemed - 79th Session (2017) – 3 – to be the candidate’s actual residence.
51, 53-56 (2004)) Section 10 of this bill amends existing statutory law to reflect the from its cases that are used for determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled.
51, holdings from the Supreme Court and also to adopt and codify the legal principlese from its cases that are used for determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled.
(NRS 294A.130) Section 9 of this bill requires that the separate account be in a financial institution located in the United States.
(NRS 294A.130) Section 9 of this bill States.
Section 9 also requires every committee for political action, committee receives minimum contributions the sum of which, in the aggregate, is $1,000 or that more, to open a separate account in a financial institution located in the United States.
Section 9 also requires every committee for political action, committee United sponsored by a political party and committee for the recall of a public officer that receives minimum contributions the sum of which, in the aggregate, is $1,000 or more, to open a separate account in a financial institution located in the United States.
Section 11 of this bill provides that every candidate, every committee for political action and committee for the recall of a public officer that is registered with the Secretary of State on July 1, 2017, and every committee sponsored by a political party that exists on July 1, 2017, must comply with the requirements of section 9 on or before June 30, 2018.
Section 11 of this bill provides that every candidate, every committee for political action and committee for the recall of a public officer that is registered political party that exists on July 1, 2017, must comply with the requirements of section 9 on or before June 30, 2018.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB21_R2* – 4 – (a) The name of the person must not appear on any ballot for the election for which the person filed a declaration of candidacy or acceptance of candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply;
(a) The name of the person must not appear on any ballot for the election for which the person filed a declaration of candidacy or acceptance of candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply;
2.
- 79th Session (2017) – 4 – 2.
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers will appear on the ballot informing voters that the person isme disqualified from entering upon the duties of the office.
(a) Declaratory or injunctive relief pursuant to chapter 30 or 33 of NRS;
(a) Declaratory or injunctive relief pursuant to chapter 30 or of NRS;
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The provisions of this chapter or any other provision of law relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution, including, without limitation, any provision relating to the jurisdiction and power of each House of the Legislature to judge of the qualifications, elections and returns of its members, punish its members for disorderly conduct or expel or remove its members from office.
The provisions of this chapter or any other provision of law relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution, including, without limitation, any provision relating to the jurisdiction and power of each House of the Legislature to judge of the qualifications, elections and returns of its members, punish its members for disorderly conduct or expel or remove its mem2.rs Each House of the Legislature has plenary and exclusive jurisdiction and power concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution, and a member or member-elect of the Legislature cannot be disqualified from entering upon, taking, holding or exercising any powers or duties of the office unless disqualified by his or her own House.
2.
3.
Each House of the Legislature has plenary and exclusive jurisdiction and power concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution, and a member or member-elect of the Legislature cannot be disqualified from entering upon, taking, holding or exercising any powers or duties of the office unless disqualified by his or her own House.
- *AB21_R2* – 5 – 3.
and (b) No action may be brought or maintained against the member-elect or the House concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution.
and - 79th Session (2017) – 5 – (b) No action may be brought or maintained against the member-elect or the House concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution.
If there is a conflict between any other provision of law and the provisions of this section, the provisions of this section control.
If there is a conflict between any other provision of law control.provisions of this section, the provisions of this section Sec.
Sec.
Except as otherwise provided in NRS 293.165 [,] and 293.166, 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:
Except as otherwise provided in NRS 293.165 [,] and 293.166, a name may not be printed on a ballot to be used at a candidacy or an acceptance of candidacy, and has paid the feeion of required by NRS 293.193 not earlier than:
and (b) For all other candidates, the first Monday in March of the year in which the election is to be held [nor] and not later than 5 p.m.
and (b) For all other candidates, the first Monday in March of the year in which the election is to be held [nor] and not later than p.m.
- *AB21_R2* – 6 – 2.
2.
6 DECLARATION OF CANDIDACY OF .....FOR THE O FFICE OF................
- 79th Session (2017) – 6 – D ECLARATION OF C ANDIDACY OF ......FOR THE O FFICE OF ................
9 State of Nevada County of .....................................
State of Nevada County of .....................................
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;
Party nomination for the office of ………, I, the undersigned …….., do swear or constructively, reside at ………., in the City or Town ofposed to ……., County of ………., State of Nevada;
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 - *AB21_R2* – 7 – office;
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;
that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a - 79th Session (2017) – 7 – gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
9 ........................................................
........................................................
D ECLARATION OF C ANDIDACY OF .....FOR THE O FFICE OF................
DECLARATION OF CANDIDACY OF ......FOR THE O FFICE 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;
For the purpose of having my name placed on the official 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 if I have ever been convicted of treason or a felony, my civil rights have been - *AB21_R2* – 8 – restored by a court of competent jurisdiction;
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 if - 79th Session (2017) – 8 – nominated as a nonpartisan candidate at the ensuing election, knowingly violate any election law or any law defining and not prohibiting corrupt and fraudulent practices in campaigns and elections in this State;
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;
(Designation of name) ........................................................
(Designation of name) ..(Signature of candidate for office)...................
(Signature of candidate for office) Subscribed and sworn to before me this ......
Subscribed and sworn to before me this ......
The declaration or acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:
The declaration or acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of sub(a) The candidate shall not list the candidate’s address [is listed] as a post office box unless a street address has not been assigned to his or her residence;
(a) The candidate shall not list the candidate’s address [is listed] as a post office box unless a street address has not been assigned to his or her residence;
- *AB21_R2* – 9 – (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 residential address;
- 79th Session (2017) – 9 – (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 residential address;
or (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.
or (2) A current utility bill, bank statement, paycheck, or indicates the candidate’s name and residential address, but notch including a voter registration card issued pursuant to NRS 293.517.
The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to [paragraph (b) of] subsection 3 [.] or 4.
The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to [paragraph (b) of](a) May not be withheld from the public;
Such a copy:
(a) May not be withheld from the public;
The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that - *AB21_R2* – 10 – purpose, in which case the filing officer shall mail the copy to the last address so designated.
The filing officer shall immediately send, by registered or certified mail, one of the copies - 79th Session (2017) – 10 – to the candidate at the 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.] 7.
that a candidate has been convicted of a felony and has not had hisating or her civil rights restored by a court of competent jurisdiction, the filing officer:
If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the filing officer:
8] to which the provisions of section 1.3 of this act apply.
8.] to which the provisions of section 1.3 of this act apply.
9.
of candidacy or acceptance of candidacy which contains a falsetion statement in violation of this section is guilty of a gross misdemeanor.
Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.
that I understand that knowingly and willfully filing a declaration of residency which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
that I understand that knowingly and willfully filing a declaration of residency - 79th Session (2017) – 11 – which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
and that I have actually, as opposed to constructively, - *AB21_R2* – 11 – resided at the following residence or residences since November 1 of the preceding year:
and that I have actually, as opposed to constructively, November 1 of the preceding year:e or residences since ................................................................................
4 ..............................................................................
Street Address Street Address ................................................................................
Street Address Street Address ..............................................................................
City or Town City or Town ................................................................................
City or Town City or Town ..............................................................................
State State From............To............
State State From...........To............
From...........
From...........To................
To................
Dates of Residency Dates of Residency ..............................................................................
Dates of Residency Dates of Residency ................................................................................
Street Address Street Address ..............................................................................
Street Address Street Address ................................................................................
City or Town City or Town ..............................................................................
City or Town City or Town ................................................................................
State State From...........To............
State State From............To............
From...........To................
From...........
Dates of Residency Dates of Residency (Attach additional sheet or sheets of residences as necessary) 2.
To................
Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where the candidate actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned.
Dates of Residency Dates of Residency (Attach additional sheet or sheets of residences as necessary) declaration of residency pursuant to subsection 1 must be the street address of the residence where the candidate actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned.
After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or [a statute] laws of this State .
After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or - 79th Session (2017) – 12 – her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or [a statute] laws of this or residency.] Before accepting the challenge from the elector, theage filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged .
[, including, without limitation, a requirement concerning age or residency.] Before accepting the challenge from the elector, the - *AB21_R2* – 12 – filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged .
Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid.
Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the certified copy of the order must be served upon the person.
A certified copy of the order must be served upon the person.
Thed.
The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
A court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
and (b) The] , the person is [disqualified from entering upon the duties of the office for which he or she filed the declaration of candidacy or acceptance of candidacy.] subject to the provisions of section 1.3 of this act.
and (b) The] , the person is [disqualified from entering upon the duties of the office for which he or she filed the declaration of - 79th Session (2017) – 13 – candidacy or acceptance of candidacy.] subject to the provisions of section 1.3 of this act.
If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged .
If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to was challenged .
[person.] Sec.
[person.]y’s fees and court costs of the person who Sec.
In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a - *AB21_R2* – 13 – declaration of candidacy or acceptance of candidacy [knowing that the declaration of candidacy or acceptance of candidacy] which contains a false statement:
In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy [knowing that the declaration of candidacy or acceptance of candidacy] which contains a false statement:
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the ballot has passed, the [Secretary of State and county clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the ballot has passed, the [Secretary of State and county clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters office.e person is disqualified from entering upon the duties of the 3.
3.
2.
- 79th Session (2017) – 14 – 2.
DECLARATION OF CANDIDACY OF .....FOR THE O FFICE OF................
D ECLARATION OF C ANDIDACY OF ......FOR THE O FFICE 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 - *AB21_R2* – 14 – of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada;
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 I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the - 79th Session (2017) – 15 – duties of the office;
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 the candidate - *AB21_R2* – 15 – actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned.
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 the candidate NRS 281.050, if one has been assigned.
The declaration or acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:
The declaration orance with acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:
If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:
If the candidate executes an oath or affirmation under the filing officer the proof of residency required by subsection 3 to because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof - 79th Session (2017) – 16 – of residency required by subsection 3, the candidate shall present to the filing officer:
and (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
and(b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his - *AB21_R2* – 16 – or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186.
By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186.
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.
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 certified mail, one of the copies to the candidate at the 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.
The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the 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.
[7.] 8.
- 79th Session (2017) – 17 – [7.] 8.
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 or her 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.
If the ballots are printed before a court of competent jurisdiction makes a has not had his or her 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.
8] to which the provisions of section 1.3 of this act apply.
8.] to which the provisions of section 1.3 of this act apply.
After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 [working] days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or [a statute] laws - *AB21_R2* – 17 – of this State .
After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 [working] days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or [a statute] laws of this State .
[, including, without limitation, a requirement concerning age or residency.] Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged .
[, including, without limitation, a requirement concerning age or residency.] Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be person who is being challenged .
[person.] 2.
[person.]fees and court costs of the 2.
Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid.
- 79th Session (2017) – 18 – Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid.
A certified copy of the order must be served upon the person.
A certified copy of the order must be proceedings over all other matters pending with the court, except for criminal proceedings.
The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
[person.] - *AB21_R2* – 18 – Sec.
[person.] Sec.
In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy [knowing that the declaration of candidacy or acceptance of candidacy] which contains a false statement:
In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy [knowing that contains a false statement:y or acceptance of candidacy] which (a) [Except as otherwise provided in NRS 293.165 or 293.166, the] The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy or acceptance of candidacy [;] , except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply;
(a) [Except as otherwise provided in NRS 293.165 or 293.166, the] The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy or acceptance of candidacy [;] , except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply;
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the ballot has passed, the [Secretary of State and city clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.
If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the - 79th Session (2017) – 19 – ballot has passed, the [Secretary of State and city clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the off3.e.
3.
Every candidate shall, not later than 1 week after receiving minimum contributions of $100, open and maintain a - *AB21_R2* – 19 – separate account in a financial institution located in the United States for the deposit of any contributions received.
Every candidate shall, not later than 1 week after receiving minimum contributions of $100, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received.
The candidate shall not commingle the money in the account with money collected for other purposes.
The candidate shall not commingle the money in the account with money collected for2.theThe candidate may close the separate account if the candidate:
2.
The candidate may close the separate account if the candidate:
The committee for political action, committee sponsored by a political party or committee for the recall of a public officer shall not commingle the money in the account with money collected for other purposes.
The committee for political action, committee sponsored by a political party or - 79th Session (2017) – 20 – committee for the recall of a public officer shall not commingle the money in the account with money collected for other purposes.
The residence of a person with reference to his or her eligibility to any office is the person’s actual residence within the State , [or] county , [or] district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person.
The residence of a person with reference to his or the State , [or] county , [or] district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person.
- *AB21_R2* – 20 – (a) The person has acted affirmatively [to remove] and has actually removed himself or herself from [one place;
(a) The person has acted affirmatively [to remove] and has actually removed himself or herself from [one place;
and] the place of permanent habitation where the person actually resided and was legally domiciled;
and] the place was legally domiciled;n where the person actually resided and (b) The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled;
(b) The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled;
If the question of residence relates to whether an incumbent meets any qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to this section but has jurisdiction to determine the question of residence only in an action to declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section.
If the question of residence relates to whether an incumbent meets any - 79th Session (2017) – 21 – qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to residence only in an action to declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section.
If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and - *AB21_R2* – 21 – does not take up a permanent residence in another place, then the person’s legal domicile has not changed.
If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and person’s legal domicile has not changed.
Once the person’s legal domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change.
Once the person’s legale domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change.
(4) The place where the person lives with any other individual whose relationship with the person is substantially similar to a relationship with a spouse, domestic partner, child, dependent or relative.
- 79th Session (2017) – 22 – (4) The place where the person lives with any other similar to a relationship with a spouse, domestic partner, child, dependent or relative.
(8) The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, any aircraft, vessels or watercraft, issued to the person by a governmental agency.
(8) The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, governmental agency.s or watercraft, issued to the person by a (9) The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.
(9) The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.
(10) The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges or benefits or any tax documents, forms or returns, but excluding the person’s declaration of candidacy or acceptance of candidacy.
(10) The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges - *AB21_R2* – 22 – or benefits or any tax documents, forms or returns, but excluding the person’s declaration of candidacy or acceptance of candidacy.
(11) The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or administrator.ts or any self-insured employer or third-party (12) The place listed as the person’s residential address on the person’s paycheck, paystub or employment records.
(11) The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or medical benefits or any self-insured employer or third-party administrator.
(13) The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage - 79th Session (2017) – 23 – statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts.
(12) The place listed as the person’s residential address on the person’s paycheck, paystub or employment records.
(13) The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts.
(d) The evidence listed in paragraph (c) is intended to be illustrative and is not intended to be exhaustive or exclusive.
illustrative and is not intended to be exhaustive or exclusive.
Every person who is a candidate on July 1, 2017, every committee for political action and committee for the recall of a public officer that is registered with the Secretary of State pursuant to NRS 294A.230 or 294A.250, as applicable, on July 1, 2017, and every committee sponsored by a political party that exists on July 1, 2017, shall comply with the requirements of NRS 294A.130, as amended by section 9 of this act, on or before June 30, 2018.
Every person who is a candidate on July 1, 2017, every committee for political action and committee for the recall of a public officer that is registered with the Secretary of State pursuant to NRS 294A.230 or 294A.250, as applicable, on July 1, 2017, and 2017, shall comply with the requirements of NRS 294A.130, asn July 1, amended by section 9 of this act, on or before June 30, 2018.
If any such candidate or committee does not comply with the requirements of NRS 294A.130, as amended by section 9 of this act, on or before - *AB21_R2* – 23 – June 30, 2018, the Secretary of State may take action against the candidate or committee pursuant to NRS 294A.410 or 294A.420.
If any such candidate or committee does not comply with the requirements of NRS 294A.130, as amended by section 9 of this act, on or before June 30, 2018, the Secretary of State may take action against the candidate or committee pursuant to NRS 294A.410 or 294A.420.
(a) The requirements of NRS 294A.130, as amended by section 9 of this act;
(a) The requirements of NRS 294A.130, as amended by section of this act;
(a) “Candidate”thihasectthe:
- 79th Session (2017) – 24 – 3.
meaning ascribed to it in NRS 294A.005.
As used in this section:
(a) “Candidate” has the meaning ascribed to it in NRS 294A.005.
1.
any preparatory administrative tasks necessary to carry out the provisions of this act;
Upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act;
H - *AB21_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 502.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 946 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Absent: 1.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 946.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Waiver granted effective: May 19, 2017.

  11. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  12. In Senate.

  13. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  14. From printer. To engrossment. Engrossed. First reprint .

  15. Read second time. Amended. (Amend. No. 557.) To printer.

  16. Placed on Second Reading File.

  17. From committee: Amend, and do pass as amended.

  18. Read first time. To committee.

  19. From printer.

  20. Prefiled. Referred to Committee on Legislative Operations and Elections. To printer.

Sponsors

  • Legislative Operations and Elections · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Legislative Operations and Elections

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
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AB 21 is sponsored by Legislative Operations and Elections.
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This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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