AB 226 — Revises provisions relating to elections. (BDR 24-88)

(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.

226 AASSEMBLY SSEMBLYBILL BNO ILLN. O.

226–ASSEMBLYMAN226– HSSEMBLYMEN ANSENHANSEN , OHRENSCHALL , DALY AND D IAZ PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.

revising deadlinesthe bycircumstances under which certaincandidates signature petitions of minormajor political parties andappear independenton candidatesor mustare beomitted filed;from the ballot at primary elections;

revising theprovisions circumstancesgoverning underprimary whichelections candidatesfor ofcertain majorjudicial politicalcandidates; parties appear on or are omitted from the ballot at a primary election;

Under existing law, if a major political party has only one candidate for a particular office, the name of the candidate does not appear on the ballot at the political party has two or more candidates for a particular office, there must be a primary election where the person who receives the highest number of votes is declared the nominee of that party for the office.

(NRS 293.260) Section 3 of this bill revises the circumstances under which candidates of a major political partiesparty either appear on the ballot at the primary election or are omitted from the ballot at athe primary election.election and appear on the ballot at the general election when there are multiple candidates for the major political party.

Sectioncandidates 3for providesa thatparticular ifoffice moreand thanat least one of the major political partyparties has multiple candidates for athe particular office, the namescandidates of the candidatesmajor ofpolitical both parties appearwith onmultiple thecandidates ballotfor at the primaryoffice electionappear andon from each party, the candidateballot who receives the highest number of votes at the primary election is declared the nominee of thattheir party.respective parties.

SectionThe 3candidates alsowho providesreceive thatthe ifhighest onlynumber names of thevotes candidatesat of the majorprimary politicalelection partyof appeartheir onrespective theparties ballotare atdeclared the thenominees primaryof electionthose dependsparties onand whetherappear aon minorthe politicalballot partyat hasthe nominatedgeneral aelection candidatewith forany thatother officecandidates or an independent candidate has filed for thesuch office.as:

If(1) thereany is at least one candidate nominatedof by a minormajor political party orthat onedid independentnot candidatehave whoa hasprimarytion, filedelection forbecause theit office,had sectiononly 3one requirescandidate thefor candidates of the majoroffice; political party to appear on the ballot at the primary election.

The(2) majorany party candidate whofor receives the highestoffice numbernominated ofby votesa in the primary election is the with any minor political partyparty; candidates and independent candidates.

electionor along(3) Alternatively, if for any particularindependent officecandidate therewho arehas nofiled candidates nominated by a minor political party and no independent candidates file for the office,office. the - *AB226* – 2 – candidates of the major political party:

(1)- appear*AB226_R1* on– the2 ballot– atSecond, thesection primary3 electionprovides that if thereonly areone moremajor political party has multiple candidates thanfor twicea particular office and no other major political party has any candidates for the numberoffice tobut bethere electedis at least one candidate who was nominated by a minor political party or one independent candidate who has filed for the office, section 3 requires the candidates of the major political party to thatappear office;on the ballot at the primary election.

andThe (2)major doparty notcandidate appearwho onreceives the ballothighest ifnumber thereof arevotes notat morethe thanprimary twiceelection is the numbernominee of candidatesthat toparty beand electedappears toon thatthe minor political party and each independent candidate who has filed for the office.

Third, section 3 provides that if only one major political party dohas notmultiple appearcandidates onfor a particular office and no other major political party has any candidates for the ballotoffice atand there are no candidates nominated by a primaryminor election.political party and no independent candidates file for the office, the candidates of the major political party are subject to the following rules:

Instead,(1) if thethere minorare politicalnot partymore hasthan qualifiedtwice asthe such,number eitherof bycandidates receivingto abe certainelected percentageto ofthat votesoffice, at the precedingcandidates electiondo ornot byappear collectingon athe certainballot numberat of signatures, the partyprimary canelection namebut oneappear candidateon for each partisan office, and the nameballot ofat each such candidate must appear on the general electionelection; ballot.

Ifoffice, athe minorcandidates politicalappear partyon certainthe ballot at the primary election, and thehat candidates who receive the highest number of signatures,votes at the partyprimary mustelection, filenot ato petitionexceed withtwice the signaturesnumber withto be elected to that office at the Secretarygeneral ofelection, Stateare notdeclared laterthe thannominees for the thirdoffice Fridayand inappear Juneon beforethe ballot at the general election.

(NRSUnder 293.1715)existing Sectionlaw, 1in an election for the nonpartisan office of thisjudge billof changesa district court, judge of the deadlineNevada forCourt aof minorAppeals politicalor partyjustice toof filethe itsNevada signatureSupreme petitionCourt, if there are more than twice the number of candidates to be elected to the thirdoffice, Fridaythe incandidates Mayappear beforeon the generalballot at the primary election.

UnderThe existingexceed law,twice the namesnumber ofto independentbe candidateselected, forare adeclared partisannominees officefor anthe independentoffice, candidateandto canthey beappear namedon asthe suchballot onat the general electionelection, ballotexcept that if henone asof orthose shecandidates filesreceives a petitionmajority withof athe certainvotes numbercast ofat signatures.the primary election, the candidate is declared the only nominee for the office and only that candidate appears on the ballot at the general election.

The(NRS signature293.260) petitionSection must3 beof filedthis withbill removes the appropriateexisting filingexception officerthat notapplies laterto thansituations when one of the thirdstate Fridayjudicial incandidates Junereceives beforea majority of the generalvotes cast at the primary election.

(NRSAs 293.200)a Sectionresult, 2in an election for the nonpartisan office of thisjudge billof changesa Supreme Court, section 3 provides that if there are more than twice the deadlinenumber forof ancandidates independentto candidatebe elected to filethe hisoffice, orthe hercandidates signatureappear petitionon the ballot at the primary election, and those candidates who receive the highest number of votes at the primary election, not to exceed twice the secondnumber Fridayto afterbe elected, are declared nominees for the firstoffice Mondayand inappear March.on the ballot at the general election without any exceptions.

NRS(Deleted 293.1715by isamendment.) herebySec. amended to read as follows:

293.1715 1.

The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.

The(Deleted namesby ofamendment.) theSec. candidates for partisan office of a minor political party must be placed on the ballot for the general election if the minor political party is qualified.

To qualify as a minor political party, the minor political party must have filed a certificate of existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:

(a) At the last preceding general election, [the minor political party] must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

(b) On January 1 preceding a primary election, [the minor political party] must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State;

or - *AB226* – 3 – (c) Not later than the third Friday in [June] May preceding the general election, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.

4.

A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.

Sec.

2.

NRS 293.200 is hereby amended to read as follows:

293.200 1.

An independent candidate for partisan office must file with the appropriate filing officer as set forth in NRS 293.185:

(a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures.

The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 10 working days before the last day to file the petition pursuant to subsection 4.

The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.