AB 50 — Revises provisions governing the dates for certain city elections. (BDR 24-473)

(c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2;

Sec.293C.115.

3.8.NRS1.

NRSThe 293C.115governing isbody herebyof amendeda tocity readincorporatedws: as follows:

293C.115pursuant 1.to general law may by ordinance provide for a primary city election and a general city election on:

(a) The governingdates bodyset offorth afor cityprimary incorporatedelections pursuantand to general lawelections maypursuant byto ordinancethe provideprovisions forof achapter primary293 cityof electionNRS; and a general city election on:

- *AB50_R2* – 4 – (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS;

- 80th Session (2019) – 4 – 3.

293C.115 [1.] The governing body of a city incorporated pursuantprimary tocity generalelection lawand [may]a shallgeneral bycity ordinanceelection provideon [:e for a primary(a) cityThe electiondates andset aforth for primary elections and general cityelections electionpursuant onto [:the provisions of chapter 293 of NRS;

(a)or The(b) The] the dates set forth for primary city elections and general city elections pursuant to the provisions of chapterthis 293chapter. of NRS;

or[2. city elections pursuant to the provisions of this chapter.

If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general [2.city elections of the city.

If a governing body of a city adopts an ordinance pursuant 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.

293C.140293C.115, 1.a] A general city election must be held in each city ofRS population categories one and two on the [second] first Tuesday after the first Monday in [June] November of the first [odd- numbered] even-numbered year after incorporation, and [on the same day every] at each successive interval of 2 years , [thereafter as determined by law, ordinance or resolution,] at which time there must be elected the elective city officers, the offices of which are required next to be filled by election.

[Except as otherwise provided in NRS 293C.115, a] A general city election must be held in each city of population categories one and two on the [second] first Tuesday after the first Monday in [June] November of the first [odd- numbered] even-numbered year after incorporation, and [on the same day every] at each successive interval of 2 years , [thereafter - *AB50_R2* – 5 – as determined by law, ordinance or resolution,] at which time there must be elected the elective city officers, the offices of which are required next to be filled by election.

[Unless the terms of office of city council members are extended by an ordinance adopted pursuant to NRS 293C.115, the] The terms of office of the council members are 4 years, which - 80th Session (2019) – 5 – terms must be staggered.

Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population category three on the second Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of andpopulation thecategory councilthree. members are extended by an ordinance adopted mayor pursuant to NRS 293C.115, the terms of office of the mayor and the mayor and council members elected to office immediately afterhe incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.

Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of the mayor and the council members are 4 years, which terms must be staggered.

The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.

(a) If the city has provided by ordinance for a general city election on the same date as the statewide general electionelectioncity pursuant to chapter 293 of NRS and the candidate is filing for:

- *AB50_R2* – 6 – (2) Any other office, not earlier than the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m.

(b) If the city has not provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS, not [less] earlier than [60 days - 80th Session (2019) – 6 – nor more] the 70th day before the applicable election is to be held and not later than [70 days] 5 p.m.

Candidates for mayor must be voted upon by the voted upon by the electors of their respective wards to represent thee wards in which they reside or by the electors of the city at large.large in accordance with the provisions of chapter 266 of NRS.

Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

[Except as otherwise provided in NRS 293C.115, a] A general city election must be held in each city of population category three on the [second] first Tuesday after the first Monday in [June] November of the first [odd-numbered] even- numbered year after incorporation, and [on the same day every] at ordinance.]siveeach successive interval of 2 years .

[thereafter, as determined by ordinance.] 2.

The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years .

- *AB50_R2* – 7 – (a) [If the city has provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS and the candidate is filing for:

(1) The] For the office of judge of a municipal court, [not earlier than] the first Monday in January of the year in which the - 80th Session (2019) – 7 – applicable election is to be held and not later than 5 p.m.

[(b) If the city has not provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS, not earlier than the 70th day before the applicable election is to be held and not later than 5 p.m.

Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

7.

(Deleted by amendment.) Sec.

Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be votedvot2. for at the next general city election.

2.fo[Except as otherwise provided in NRS 293C.115, a] A candidate for [any] an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk :

[Except as otherwise provided in NRS 293C.115, a] A candidate for [any] an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk :

(1) The office of judge of a municipal court, not earlier than the first Monday in January of the year in which the - *AB50_R2* – 8 – applicable election is to be held and not later than 5 p.m.

- 80th Session (2019) – 8 – (2) Any other office, not earlier than the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m.

(b) If the city has not provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS, not [less] earlier than [60 days or more] the 70th day before the applicable election is to be held and not later than [70 days]election. 5 p.m.

onThe] theapplicable 60thelection dayis beforeto thebe [dateheld.the of the primary city election.3.

The] applicable election is to be held.

3.

If, in a primary city election held in a city of population incategory thatone election for the office for which he or shetwo, isone a candidate, the candidate must be declared elected to the office and the candidate’s If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the namescandidate ofmust thebe twodeclared candidateselected receivingto the highestoffice numberand ofthe votescandidate’s name must not be placed on the ballot for the general city election.

Sec.If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city eleSec.

- *AB50_R2*80th Session (2019) – 9 – (a) [If the city has provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS and the candidate is filing for:

[(2) Any] (b) For any other office, [not earlier than] the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m.

The offiling thefees generalcollected fundby of the city.ycity clerk must be deposited to the credit 4.of the general fund of the city.

All4. candidates, except as otherwise provided in NRS 2665.20,If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election.

All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

5.

If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast candidate must be declared elected to the office and the candidate’sthe name must not be placed on the ballot for the general city election.

- 80th Session (2019) – 10 – 2.

Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be - *AB50_R2* – 10 – omitted from all ballots for a primary city election and placed on all ballots for a general city election.

[not earlier than 70 days before the primary city election and not later than 5 p.m.

DECLARATIOND ECLARATION OF CANDIDACY OF .....FOR THE OFFICEO FFICE OF ................

that my telephone number is .................., and the address at which I - 80th Session (2019) – 11 – receive mail, if different than my residence, is ..................;

that if I have ever been convicted of treason or a felony, my civil rights have beennominated restoredas by a courtcandidate ofat competentthe jurisdiction;ensuing election I will accept the nomination and not withdraw;

that if - *AB50_R2* – 11 – nominated as a candidate at the ensuing election I will accept the nomination and not withdraw;

Notary Public or other person authorized to administer an oath 3.

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 actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned.

- 80th Session (2019) – 12 – (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence;

or - *AB50_R2* – 12 – (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 notnotch including a voter registration card issued pursuant to NRS 293.517.

The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

andopposed residency provided by the candidate pursuant to subsectionconstructively, 35. orty 4.

The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4.

(b)(a) MustMay not containbe thewithheld socialfrom security number, driver’s license or identification card number or account number of the candidate.public;

and (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

If the candidate cannot - 80th Session (2019) – 13 – 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 city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her -clerk:rights *AB50_R2*restored –by 13a –court of competent jurisdiction, the city (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction,jurisdiction; the city clerk:

(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction;

of the first Tuesday after the first Monday in March in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and Exceptwho asvoted otherwisefor providedthat inoffice NRSat 293C.115, the petitionlast mustection.preceding general city election.

Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later nominatedthan pursuant to the provisionsthird ofTuesday thisafter subsection may beidate elected only at a general city election, and the candidate’sthird nameMonday mustin notMarch. appear on the ballot for a primary city election.

A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.

of the [second Tuesday after the second Monday in April] - 80th Session (2019) – 14 – fourth Friday in July of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election [.

If no primary city election was held for that city office or if there was not more than one person who was seeking the nomination in the primary city election, a person may become a candidate for the city office at the general city election if the person files a declaration - *AB50_R2* – 14 – of candidacy or acceptance of candidacy and pays the appropriateappropriateation filing fee before 5 p.m.

The filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m.

293C.2675located 1.in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election.

If2. an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the2.ay A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a pri(a) Must be submitted to the city clerk by the Indian tribe on or before:

A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election:

(a) Must be submitted to the city clerk by the Indian tribe on or before:

- 80th Session (2019) – 15 – [(II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primary city election is to be held.] (2) If the request is for a general city election , [that is held:

[(II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.]held.]n -January *AB50_R2* – 15 – (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place.

293C.291 If a candidate whose name appears on the ballot at a primary city election or general city election dies after thetheot at a applicable date set forth in [:

NRS 293.368, if the governing body of the city has adopted NRSan 293C.115,pursuantordinance pursuant to paragraph (a) of subsection 1 of NRS 293C.115, ] but before the time of the closing of the polls on the day of the election, the city clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear on thedeaththe at ballot for the primary city election or general city election.

293C.345 [Except as otherwise provided in NRS 293C.115, the] The city clerk shall mail to each registered voter in each - 80th Session (2019) – 16 – mailing precinct and in each absent ballot mailing precinct [, before 5 p.m.

293C.3572early 1.voting, except as otherwise provided in subsection [3,] 4, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

In2. addition to permanent polling places for early voting, except as otherwise provided in subsection [3,] 4, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

- *AB50_R2* – 16 – 2.

[(II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primaryprimary(2) city election is to be held.] (2) If the request is for a general city election , [that is held:

[(II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.] (b) May include one or more proposed locations within the.]the boundaries of the Indian reservation or Indian colony for the proposedtemporary locationbranch mustpolling satisfyplace theand criteriaproposed establishedhours bythereof. the city clerk pursuant to NRS 293C.3561.

4.Any proposed location must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561.

- 80th Session (2019) – 17 – 4.

The city clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservationreservationrary or Indian colony.

Voting at a temporary branch polling place may be conducted on any one or more days and - *AB50_R2* – 17 – during any hours within the period for early voting by personal appearance, as determined by the city clerk.

[of] on the [first] second Tuesday [after the first Monday] in [March,] April, the deceased candidate’s name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

If the deceased candidate on the ballot at the primary city election receives the number of votes required to receive the nomination to the office for which he or she was a candidate, the nomination is filled [as provided in subsection 2 of NRS 293C.190.] by the person who received the next highest vote for the nom3.atiWhenevernomination ain candidate whose name appears upon the ballotprimary atelection. a general city election dies after 5 p.m.

[of]3. on the [second of the year in which the primary city election was held, the votes cast for the deceased candidate must be counted in determining the results of the general city election for the office for which the decedent was a candidate.

Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m.

[of] on the [second Tuesday after the second Monday in April,] fourth Friday in July of the year in which the primary city election was held, the votes - 80th Session (2019) – 18 – cast for the deceased candidate must be counted in determining the results of the general city election for the office for which the decedent was a candidate.

The vacancy created must be filled in the same manner as if the candidate had died after taking officeoffSec. for that term.

Sec.

The offices of city clerk, city treasurer, municipal judge and city attorney may be either elective or appointive offices, as - *AB50_R2* – 18 – provided by city ordinance.

In each city of population category one or two, in which the officers are appointed pursuant to ordinance, the mayor, with the adviceofficers.d and consent of the city council, shall appoint all of the officers.3.

3.

Any city having adopted a charter pursuant to the provisions of NRS 267.010 to 267.140, inclusive, has pursuant to the(a) All of the powerscharter: enumerated in the general laws of the State for the incorporation of cities.

Constitution(a) andAll laws of the Statepowers ofenumerated Nevadain tothe carrygeneral outlaws theheof commissionthe formState for the incorporation of government.cities.

- 80th Session (2019) – 19 – (b) Such other powers necessary and not in conflict with the Constitution and laws of the State of Nevada to carry out the commission form of government.

(c) Fix, in accordance with the provisions of NRS 293C.140 and 293C.175 or with the provisions of NRS 293C.145, [or with the and provisions of paragraph (a) of subsection 1 of NRS 293C.115,] the time for the first and subsequent elections for all elective officers.

- *AB50_R2* – 19 – Sec.

11-5-1996) 2.3.

(Repealed by Amd.

1;

6-4-1991) 3.

Amd.5.Amd.

4;

11-2-2010) 5.

amended- to80th readSession as(2019) follows:he– Charter20 of– BoulderSec. City is hereby Section 12.

18.

Section 12 of the Charter of Boulder City is hereby amended to read as follows:

Section 12.

No such appointment extends beyond the next general municipal election.

7-16-1997)7-16-1997)xt general municipal Sec.

All municipal elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council - *AB50_R2* – 20 – which are consistent with law and this Charter.

On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, twotwoat a Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

[Except as otherwise provided in subsection 8, two full-term Council Members and the Mayor are to be elected in each year immediately preceding a federal presidential election, and two full-term Council Members are to be elected in each year immediately following a federal presidential election.] In each election, the candidates receiving the greatest number of votes must be declaredsdeclared - 80th Session (2019) – 21 – elected to the [vacant] available full-term positions.

Amd.[3.]Amd. 5.5In the event one or more 2-year term positions on the Council will be available at the time of a general municipal election as provided in section 12, candidates must file specifically for such position(s).

1;

11-5-1996) [3.] 5.

In the event one or more 2-year term positions on the Council will be available at the time of a general municipal election as provided in section 12, candidates must file specifically for such position(s).

6-4-1991) [4.]7, 6.a primary municipal election must be held [on] :ion [8,] (a) On the first Tuesday after the first Monday in April [of each odd-numbered year and a general municipal election must be held on the second Tuesday after the first Monday in June of each odd-numbered year.

Except as otherwise provided in subsection [8,] 7, a primary municipal election must be held [on] :

(a) On the first Tuesday after the first Monday in April [of each odd-numbered year and a general municipal election must be held on the second Tuesday after the first Monday in June of each odd-numbered year.

- *AB50_R2* – 21 – 7.

If, in the primary municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general municipal election.

If the City Council adopts an ordinance pursuant to subsection 8, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in - 80th Session (2019) – 22 – NRS 293.175, 293.177, 293.345 and 293.368 apply for the generalpurposes municipalof elections.rimaryconducting the primary municipal elections and 10.general municipal elections.

10.

11.]under 10.the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter.

The conduct of all municipal elections must be under the control of the City Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter.

6-3- 2003) - *AB50_R2* – 22 – Sec.

Section 1.060 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2449, is hereby amended to read as follows:

In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to - 80th Session (2019) – 23 – this section.

The appointee must have the same qualificationsoqualifications as are required of the elected official.

municipal2. election and his or her successor is elected and qualified.

The appointee shall serve until the next general municipal election and his or her successor is elected and qualified.

Section 2.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapteramended 218,to Statutesread ofas Nevadafollows:vada 2011, at page 954, is hereby amendedSec. to read as follows:

Sec.

- *AB50_R2* – 23 – 3.

Section 5.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 336, Statutes of Nevada 2015, at page 1889, is hereby amended to read as follows:

On the [second] first Tuesday after the first Monday in [June 2017,] November 2022, and at each - 80th Session (2019) – 24 – successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, successorswho haveshall beenhold electedoffice andfor qualified.rsa period of 4 years and until their [2.successors have been elected and qualified.

[2.

3.subsection 2, the dates set forth in NRS 293.12755, int to subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a - *AB50_R2* – 24 – general municipal election to be held for that purpose, two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

Section 5.100 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as amended by chapter 185, Statutes of Nevada 2007, at page 627, is hereby amended to read as follows:foSec.

Sec.

- 80th Session (2019) – 25 – 3.

The City Clerk, under his or her hand and official seal, shall issue to each person declared to be elected a andcertificate enter upon the discharge of theirelection. respective duties on the first Monday in :

electedThe inofficers Juneso 2019.lowingelected theirshall electionqualify [.]and forenter thoseupon officersthe (b)discharge Januaryof next following their electionrespective forduties thoseon officersthe electedfirst Monday in November: 2022 and November of every even-numbered year thereafter.

4.(a) July next following their election [.] for those officers elected in June 2019.

If(b) January next following their election for those officers elected in November 2022 and November of every even4.umIf any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot.

- *AB50_R2* – 25 – 2.

3.at the general municipal election held in June 2017 shall continue in office until the election, and qualification thereafter, of his or her successor pursuant to subsection 2 of section 5.020.

The Mayor and one Council Member elected at the general municipal election held in June 2017 shall continue in office until the election, and qualification thereafter, of his or her successor pursuant to subsection 2 of section 5.020.

- 80th Session (2019) – 26 – (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

(b) A qualified elector within the City.

Each Council Member must be:thebe: City.

(a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacycan(b) forA qualified elector within the office.ward which he or she represents.

(b) A qualified elector within the ward which he or she represents.

The City Council shall not adopt an ordinance which increases or - *AB50_R2* – 26 – decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.

being chapter 266, Statutes of Nevada 1971, at page 412, is hereby amended to read as follows:

27.

Section 3.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 412, is hereby amended to read as follows:

Sec.

(e) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the - 80th Session (2019) – 27 – provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

(a) Hold such office and title, without additional elected.tion,compensation, during the term for which he or she was (b)elected. Perform the duties of Mayor during the absence or dis(c) Act as Mayor until the [next municipal election if the office of Mayor becomes vacant.] vacancy is filled pursuant to section 1.070.

(b) Perform the duties of Mayor during the absence or disa(c) Act as Mayor until the [next municipal election if the office of Mayor becomes vacant.] vacancy is filled pursuant to section 1.070.

- *AB50_R2* – 27 – 3.

At the first primary or general municipal election which follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for a term of not more than 5 years, as determined by the City Council, in order that, as nearly as practicable, one-third of the number of Municipal Judges be elected every 2 years.

- 80th Session (2019) – 28 – A Municipal Judge must be elected for each department by number.

Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 2013,1971, atas pagelast 1214,amended isby herebyy amended to read as follows:follows:vada 2013, at page 1214, is hereby Sec.

5.010 Primary municipal election.

If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placedthe onprimary municipal election, regardless of the ballotnumber of in candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election.election need be held for that office.

If in - *AB50_R2* – 28 – the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office.

- 80th Session (2019) – 29 – Sec.

(a) A general municipal election must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year, at which time the registered voters of the Citypositions. shall elect city officers to fill the available elective posi(b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the members of the City Council and the Mayor is 4 years.ffice for Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.

elect city officers to fill the available elective (b) All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large.

The term of office for members of the City Council and the Mayor is 4 years.

Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.

On the first Tuesday after the first Monday in November 2022, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a - *AB50_R2* – 29 – Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.

- 80th Session (2019) – 30 – [(e)] 4.

On the first Tuesday after the first Monday in November 2024, and [every] at each successive interval of 6 years , [thereafter,] there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who her[will] successorshall hashold beenoffice electedfor anda qualified.arsperiod of 6 years and until his or [2.her successor has been elected and qualified.

The[2. City Council may by ordinance provide for a the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

The next succeeding term for that office may be shortened but may not be lengthened as a resultres6.t On the first Tuesday after the first Monday in November 2026, and at each successive interval of 6 years, there must be elected by the ordinance.]qualified 6.voters of the City, at a general municipal election held for that purpose, a Municipal Judge for Department 1 who shall hold office for a period of 6 years and until his or her successor has been elected and qualified.

On the first Tuesday after the first Monday in November 2026, and at each successive interval of 6 years, there must be elected by the qualified voters of the City, at a general municipal election held for that purpose, a - *AB50_R2* – 30 – Municipal Judge for Department 1 who shall hold office for a period of 6 years and until his or her successor has been elected and qualified.

- 80th Session (2019) – 31 – 1.

No person may have access to the returns except on order of a court of competent jurisdiction or by order of the City Council.Council.petent 3.

3.

Except as otherwise provided in section 1.070, [the dischargeofficers] ofan [their] his or her respective duties at :r upon the (a) If the officer isso elected pursuantshall toqualify subsectionand 1enter ofupon held in June of the yeardischarge of the[their] generalhis municipal election.il (b) If the officer is elected pursuant to subsection 2, 3, 4, 5 or 6her ofrespective sectionduties 5.020,at the: first regular meeting of the City Council held in January of the year following the general municipal election.

(a) If the officer is elected pursuant to subsection 1 of section 5.020, the second regular meeting of the City Council held in June of the year of the general municipal election.

(b) If the officer is elected pursuant to subsection 2, 3, 4, or 6 of section 5.020, the first regular meeting of the City Council held in January of the year following the general municipal election.

The Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 5.140, immediately following section 5.130, to read as follows:

5.140, Sec.

The Municipal Judges for Departments 1, 4 and 6 elected at the general municipal election held in June 2015 shall continue in office until the general municipal election, - *AB50_R2* – 31 – and qualification thereafter, of their successors pursuant to subsection 3 of section 5.020.

- 80th Session (2019) – 32 – 3.

Sec.

1.140 Elective offices.

Except as otherwise provided in [section] sections 5.020 [,] and 5.140, the terms of office of the Mayor and Coun3.Council Members are 4 years.

Except3. as otherwise provided in subsection 3 of section 4.010 and [section] sections 5.020 [,] and 5.140, the Sec.

Except as otherwise provided in subsection 3 of section 4.010 and [section] sections 5.020 [,] and 5.140, the term of office of a Municipal Judge is 6 years.

Sec.

A vacancy in the office of Mayor, Council Member or Municipal Judge must be filled by the majority vote of the entire City Council within 30 days after the occurrence of that vacancy.vacancy before the vacancy occurs.

A person may be selected to fill a prospective vacancy before the vacancy occurs.

- *AB50_R2* – 32 – 2.

[, or beyond the first regular meeting of the City Council after the second Tuesday after the first - 80th Session (2019) – 33 – Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.] Sec.

The City Council shall elect one of its members to be May(a) Shall hold that office and title without additional compensation during the term for which he or she was elected as Mayor pro tempore.

That person:

(a) Shall hold that office and title without additional compensation during the term for which he or she was elected as Mayor pro tempore.

(c) Shall act as Mayor until the [next municipal election, if the office of Mayor becomes vacant.] vacancy is filled Sec.pursuant to section 1.160.

Sec.

Section 4.020 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by amendedchapter to218, readStatutes asof follows:vadaNevada 2011, at page 958, is hereby Sec.amended to read as follows:

Sec.

(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any Municipal Judge who is an incumbent when this Charter becomes effective as long as he or she continues to serve as such in uninterrupted terms.

- *AB50_R2* – 33 – 2.

- 80th Session (2019) – 34 – 3.

4.the Municipal Judges shall elect a replacement for theudge, remainder of the unexpired term.

If a vacancy occurs in the position of Master Judge, the Municipal Judges shall elect a replacement for the remainder of the unexpired term.

(b) Is responsible for setting trial dates and other matters whic(c)which Shallpertain performto suchthe other Court administrativecalendar. duties as may be required by the City Council.

appointed(c) annuallyShall byperform thesuch Mayor,other eachCourt ofadministrative whom:bersduties as may be (a)required Mustby be a duly licensed member, in good standing, of the StateCity BarCouncil. of Nevada and have such other qualifications as are prescribed by ordinance.

[4.] 5.

Alternate Judges in sufficient numbers may be appointed annually by the Mayor, each of whom:

(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.

(c)the IsCity entitledCouncil.d to such compensation as may be fixed by the[5.] City6. Council.

[5.] 6.

- *AB50_R2* – 34 – 1.

On the Tuesday after the first Monday in April 2001, and at each successive interval of 4 years, a] - 80th Session (2019) – 35 – 1.

(a) On the first Tuesday after the first Monday in April [2003, and at each successive interval of 4 years, a primary municipal election must be held in the City at which time candidates for Mayor, for the other half of the offices of Council Member and for Municipal Judge, Department 1, must be nominated.

for Municipal Judge, Department 1, 3.] 2019;

[The candidates from each even-numbered ward must be nominated as provided in subsection 1, and the candidates from each odd-numbered ward must be nominated as p4.]provided (b)in Ifsubsection the2. City Council has established an additional department or departments of the Municipal Court pursuant to Municipal Judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.

4.] (b) If the City Council has established an additional department or departments of the Municipal Court pursuant to section 4.010 and, as a result, more than one office of Municipal Judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.

Each candidate for [the municipal offices which are provided for in subsections 1, 2 and 4] municipal office must file a declaration of candidacy with the City Clerk.

If, in the primary municipal election, no candidate receives a majority of votes which are cast in that election for - *AB50_R2*80th Session (2019) – 3536 – the office for which he or she is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general municipal election.

[Except as otherwise provided in subsection 2,] On the second Tuesday after the first Monday in June 2019, there must be elected, at a general municipal election [must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.

If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

subsection4. 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance.

TheIf nextthe succeedingCity Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term forof office of any elected official of the City serving in office on the that office may be shortened but may not be lengthened as aaor result of the ordinance.

- 80th Session (2019) – 37 – 3.

On the first Tuesday after the first Monday in November 2022, and at each successive interval of 6 years, there must be elected, at a general municipal election held - *AB50_R2* – 36 – for that purpose, Municipal Judges for Departments 1, 4 and 6 who shall hold office for a period of 6 years and until their successors have been elected and qualified.

On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, there must be elected, at a general municipal election held for that purpose, the Mayor and Council Members from odd-numbered wards who shall hold office for a period of 4 years and until their successors have been elected and qualified.

Sec.

5.100 Continuation of certain officers.

The Municipal Judge elected at the general.general municipal election held in June 2015 shall continue in or her successor pursuant to subsection 3 of section 5.010.

municipal election held in June 2015 shall continue in or her successor pursuant to subsection 3 of section 5.010.

A vacancy in the City Council or in the office of Mayor or Municipal Judge must be filled by a majority vote - 80th Session (2019) – 38 – of the members of the City Council within 30 days after the occurrence of the vacancy.

In such a case, each member of the Council, except any member whose term of office expires before the - *AB50_R2* – 37 – occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section.

2.[July after] the month following the next general municipal election, at which election the office must be filled for the remaining unexpired term.

No such appointment extends beyond the first day of [July after] the month following the next general municipal election, at which election the office must be filled for the remaining unexpired term.

(a) Must be a qualified elector who has resided in the ward which he or she represents for at least 30 days candidacyimmediately forpreceding histhe orlast herday office.ay for filing a declaration of (b)can(b) Must continue to live in the ward he or she represents, except that changes in ward boundaries made pursuant to section 1.045 will not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.

Each Council Member must be voted upon only by the registered voters of the ward that he or she seeks to - 80th Session (2019) – 39 – represent, and except as otherwise provided in sections 5.010 and [5.025,] 5.100, his or her term of office is 4 years.

- *AB50_R2* – 38 – Sec.

Section 4.005 of the Charter of the City of North Las Vegas, being chapter 215, Statutes of Nevada 1997, as last amended by chapter 218, Statutes of Nevada 2011, at page 962, is herebyherebyded amended to read as follows:

At the first primary or general municipal election that follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for an initial term of not more than 6 years, as determined by the City Council, in order that, as nearly as practicable, one-third of the number of Municipal Judges be elected every 2 years.years.third 4.

Except as otherwise provided by the ordinance establishing an additional department, each Municipal Judge must be voted upon by the registered voters of the City at large and, except as otherwise provided in sections 5.010 and [5.025,] 5.100, holds office for a period of 6 years and until his or her successor has been elected and qualified.

- 80th Session (2019) – 40 – Sec.

(a)] On the second Tuesday after the first Monday in June [2017, and at each successive interval of 4 years thereafter,] 2019, there must be elected, at a general municipal election to be held for that purpose, [a Mayor and] two Council - *AB50_R2* – 39 – Members, who shall hold office [for a period of 4 years and] until their successors have been elected and qualified [.

On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years thereafter, there must be elected, at a general municipal election to be held for that purpose, two Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

(a) A candidate for the office of City Council Member must be elected only by the registered voters of the ward that he or she seeks to represent.

(b) Candidates for all other elective offices must be elected by the registered voters of the City at large.

be- 80th Session (2019) – 41 – Sec.

The seats for City Council Members must be designated by the numbers one through four, which numbers must correspond with the wards the candidates for City Council Members will seek to represent.

Each candidate for City Council must be designated as a candidate for the - *AB50_R2* – 40 – City Council seat that corresponds with the ward that he or she seeks to represent.

(a) A candidate for the office of City Council Member must be voted upon only by the registered voters of the ward thattha(b) heCandidates orfor sheall seeksother toelective represent.offices must be voted upon by the registered voters of the City at large.

(b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.

If, regardless of the number of candidates for an office, one candidate receives a majority of the total votes cast for that office in the primary municipal election, he or she must be declared elected to that office and no general municipal election need be held for that office.nooffice. general Sec.

- 80th Session (2019) – 42 – Sec.

Section 5.080 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 465, Statutes of Nevada 1985, at page 1440, is herebyedhereby amended to read as follows:

The election returns from any special, primary or general municipal election shall be filed with the City Clerk, who shall immediately place the returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with the returns until canvassed by the City Council.

The City Clerk, under his or her hand and official seal, shall issue to each person declared to be elected a - *AB50_R2* – 41 – certificate of election.

The Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 901, is hereby amended by adding thereto a new section to be designated as section 5.110, immediately following section 5.100, to read as follows:

5.110, Sec.

- 80th Session (2019) – 43 – 1.

A vacancy in the City Council or in the office of Mayor must be filled by a majority vote of the members of the City Council, or the remaining members, in the case of a vacancy in the City Council, within 30 days after the qualificationsoccurrence as are required of the electivevacancy. official.ame 2.

The appointee must have the same qualifications as are required of the elective official.

2.

being chapter 465, Statutes of Nevada 1971, as last amended byton, chapter 218, Statutes of Nevada 2011, at page 963, is hereby amended to read as follows:

48.

Section 2.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 963, is hereby amended to read as follows:

Sec.

All Council Members must be voted upon by the registered voters of the City at large and, except as otherwise - *AB50_R2* – 42 – provided in [section] sections 5.010 [,] and 5.110, shall serve for terms of 4 years.

Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapteramended 336,to Statutesread ofas Nevadafollows:vada 2015, at page 1893, is hereby amendedSec. to read as follows:

Sec.

(a)] On the second Tuesday after the first Monday in June 2019, [and at each successive interval of 4 years,] there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members, who shall hold office [for a period of 4 years and] until their successors have been elected and qualified [.

On the [second] first Tuesday after the first Monday in [June 2017,] November 2022, and at each successive - 80th Session (2019) – 44 – interval of 4 years , [thereafter,] there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, two Council Members, who shall havehold beenoffice electedfor anda qualified.arsperiod of 4 years and until their successors [2.have been elected and qualified.

The[2. City Council may by ordinance provide for a the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

3.The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, inint to subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Mayor and two Council Members who shall hold office for - *AB50_R2* – 43 – a period of 4 years and until their successors have been elected and qualified.

Sec.election;

5.090 Election returns;

canvass;

certificates of election;

- 80th Session (2019) – 45 – 3.

The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday [in July next] of the month following their elec4.election.

If4. any election should result in a tie, the City Council shall summon the candidates who received the tie vote and winner a certificate of election.rk shall then issue to the Sec.

If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot.

The Clerk shall then issue to the Sec.

Except as otherwise provided in section 52.5 of this act, notwithstanding any other provision of law to the contrary, if the term of any elective city officer whose term of office expires in 2021, 2023 or 2025 is not otherwise extended or shortened pursuant - *AB50_R2* – 44 – to sections 1 to 51, inclusive, of this act, the person or entity designated by law to fill vacancies that occur on the city council of the city shall appoint the incumbent elective city officer to serve as city council member, mayor, municipal judge or other elective citycitye as officer, as applicable, in that office until his or her successor is elected and qualified at the general city election in 2022, 2024 or 2026, as applicable, if that person is willing to serve in that capacity.

- 80th Session (2019) – 46 – 2.

Sec.and 20 to 53, inclusive, of this act become effective on July 1, 2019.

54.

1.

This section and sections 3.8, 6.2, 7.2, 7.7, 8, 17, 18 and 20 to 53, inclusive, of this act become effective on July 1, 2019.

-~~~~~ *AB50_R2*19 –- 4580th –Session TEXT(2019) OF REPEALED SECTION Sec.

5.025 City Council authorized to provide for primary and general municipal elections in even-numbered years.

1.

The City Council may by ordinance provide for a primary forth for primary elections and general elections pursuant to thet provisions of chapter 293 of NRS.

2.

If the City Council adopts an ordinance pursuant to subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the pri3.ryIf the City Council adopts an ordinance pursuant tos.

subsection 1, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance.

The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

H - *AB50_R2*