Amendment vs bill Amendment 835 vs Enrolled

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Assembly Bill No.
Session (80th) A AB50 R1 835 Amendment No.
50–Committee on Legislative Operations and Elections CHAPTER..........
835 Senate Amendment to Assembly Bill No.
50 First Reprint (BDR 24-473) Proposed by:
Senate Committee on Legislative Operations and Elections Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KCP - Date:
5/21/2019 A.B.
No.
50—Revises provisions governing the dates for certain city elections.
(BDR 24-473) Page 1 of 36 *A_AB50_R1_835* Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 3 ASSEMBLY BILLN O.
50–COMMITTEE ON LEGISLATIVEO PERATIONS AND ELECTIONS (ON BEHALF OF THESECRETARY OF STATE ) PREFILEDN OVEMBER 18,2018 _______________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing the dates for certain city elections.
(BDR 24-473) 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.
LegiUnder the Nevada Constitution, the Legislature may require city elections to be held in even-numbered years on the statewide election cycle by amending:
Legislative Counsel’s Digest:
Under the Nevada Constitution, the Legislature may require city elections to be held in even-numbered years on the statewide election cycle by amending:
chapters 266, 267 and 293C of NRS) In transitioning city elections to even-numbered years, the Legislature may shorten or lengthen the existing terms of office of elected city officers, without violating federal and state constitutional limitations, where the object of the legislation is to regulate the time of holding city elections, and not merely to reduce or extend the terms of particular incumbents.
chapters 266, 267 and 293C of NRS) In transitioning city elections to even- numbered years, the Legislature may shorten or lengthen the existing terms of office of elected city officers, without violating federal and state constitutional limitations, where the object of the legislation is to regulate the time of holding city elections, and not merely to reduce or extend the terms of particular incumbents.
City of New York, 81 N.Y.
City of 1962);
ex rel.
State ex rel.
1967))74 (N.Y.
1967)) 673-74 (N.Y.
1962);
Existing law authorizes the governing body of a city incorporated pursuant to general law to choose by ordinance whether to:
State Existing law authorizes the governing body of a city incorporated pursuant to general law to choose by ordinance whether to:
(NRS 293C.115, 293C.140, 293C.145, 293C.175) Existing provisions of various city charters also authorize the cities incorporated under those charters to make the same choice by ordinance regarding the dates of their city elections, and some of the charter cities currently hold their city elections on the statewide election cycle in even-numbered years, while other charter cities currently hold their city elections in odd-numbered yearSections 1, 2, 4, 5, 6.4, 7.4 and 17-50 of this bill require that all cities hold elections on the statewide election cycle beginning in the year 2022.
(NRS 293C.115, 293C.140, 293C.145, 293C.175) Existing provisions of various city charters also authorize the cities incorporated under those charters to make the same choice by ordinance regarding the dates of their city elections, and some of the charter cities currently hold their city elections on the statewide election cycle in even-numbered years, while other charter cities currently hold their city elections in odd-numbered years.
Sections 3, 3.8, 6.2, 7.2 and 8-16 of this bill amend various provisions relating to city elections, such as the date for filing declarations of candidacy, in order to facilitate the transition to the statewide election cycle.
Sections [4-7] 1, 2, 4, 5, 6.4, 7.4 and 17-50 of this bill require that all cities hold elections on the statewide election cycle beginning in the year 2022.
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Under existing law, the cities of Ely and Fallon are the only cities incorporated pursuant to general law that currently hold their city elections in odd-numbered years.
Sections 3, [6] 3.8, 6.2, 7.2 and [7.3-14] 8-16 of this bill amend various [other dates] provisions relating to city elections, such as the date for filing declarations of candidacy , in order to [conform] facilitate the transition to the statewide election cycle.
To carry out the transition to the statewide election cycle in those general- law cities, section 51 of this bill provides that officials of those cities who were elected in 2017 will hold office until the city elections are held in 2022, and officials of those cities who will be elected in 2019 will hold office until the city elecCertain charter cities currently hold general municipal elections in June of odd- numbered years (Boulder City, Caliente, Henderson, Las Vegas, North Las Vegas and Yerington).
[Section] Senate Amendment No.
Sections 17-50 of this bill amend the charter of each of those cities to require that the cities hold their city elections on the same dates as the statewide election cycle in even-numbered years.
835 to Assembly Bill No.
Section 52 of this bill provides for the terms of office of officials of such cities who were elected in 2017 or who will be - 80th Session (2019) – 2 – elected in 2019, and the terms of office of municipal judges who were elected to 6- year terms in 2015 or 2017 or who will be elected in 2019, to be extended by 1 year to allow for the transition to the statewide election cycle.
50 First Reprint Page 4 Under existing law, the cities of Ely and Fallon are the only cities incorporated pursuant to general law that currently hold their city elections in odd-numbered years.
To carry out the transition to the statewide election cycle in those general-law cities, section 51 of this bill provides that officials of [affected] those cities who [are] were elected in [2019] 2017 will hold office until the city elections are held in 2022, and [that] officials of [such] those cities who [are] will be elected in [2021] 2019 will hold office until the city eleCertain charter cities [that are created by charters] currently hold general municipal elections in June of odd-numbered years (Boulder City, Caliente, Henderson, Las Vegas, North Las Vegas and Yerington).
Sections 17-50 of this bill amend the charter of each of those cities to require that the cities hold [primary and general] their city elections on the same dates as the statewide [primary and general elections.] election cycle in even-numbered years.
Section 52 of this bill provides for the terms of office of officials of such cities who were elected in 2017 or who will be elected in 2019, and the terms of office of municipal judges who were elected to 6-year terms in 2015 or 2017 or who will be elected in 2019, to be extended by 1 year to allow for the transition to the statewide election cycle.
Under existing law, with limited exception, a judicial candidate for justice of justice of the peace must file a declaration of candidacy with the appropriate filing officer in January in even-numbered years.
[Existing law requires,] Under existing law, with limited exception, a judicial candidate or justice of the peace must file a declaration of candidacy with the appropriate filingrt officer in January in even-numbered years.
(NRS 5.020, 266.405) If a judge of a municipal court is elected to office, existing law provides that a judicial candidate for the elective office must file a declaration of candidacy with the city clerk:
(NRS 5.020, 266.405) If a judge of a municipal court is elected to office, existing law provides that a judicial candidate for [any] the elective office [to be voted for at the primary city election to] must file a declaration of candidacy with the city clerk :
and (2) in cities that more than 70 days before the date of the primary city election or, if the city does not hold a primary city election, not less than 60 days nor more than 70 days before the date of the general city election.
and (2) in cities that currently hold their city elections in odd-numbered years, not less than 60 days or more than 70 days before the date of the primary city election [.] or, if the city does not hold a primary city election, not less than 60 days nor more than 70 days before the date of theSections 3.8, 6.2 and 7.2 of this bill [requires, effective upon passage and approval of this bill,] provide that, beginning in the year 2020, a judicial candidate for [judicial office at a primary city election to instead] the elective office of judge of a municipal court in cities that currently hold their city elections in even-numbered years must file a declaration of candidacy with the city clerk not earlier than the first Monday in January [of the year in which the general city election is to be held] and not later than 5 p.m.
(NRS 293.177, 293C.115, 293C.145, 293C.175) Sections 3.8, 6.2 and 7.2 of this bill provide that, beginning in the year 2020, a judicial candidate for the elective office of judge of a municipal court in cities that currently hold their city elections in even-numbered years must file a declaration of candidacy with the city clerk not earlier than the first Monday in January and not later than 5 p.m.
on the second Friday after the first Monday in January [,] in even-numbered years, consistent with the filing period for all other judicial candidates [.] in even-numbered years.
on the second Friday after the first Monday in January in even- even-numbered years.
When all other cities transition to the statewide election cycle beginning in the year 2022, sections 6.4 and 7.4 of this bill provide that all judicial candidates for the elective office of judge of a municipal court must file a declaration of candidacy with the city clerk during that same period in January in even-numbered years.
When all other cities transition to the statewide electionates in cycle beginning in the year 2022, sections 6.4 and 7.4 of this bill provide that all judicial candidates for the elective office of judge of a municipal court must file a declaration of candidacy with the city clerk during that same period in January in even-numbered years.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 5 Sec.
The term includes a - 80th Session (2019) – 3 – primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
of each year in which a general city election is held, submit15 to the Secretary of State for approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.
2.
The city clerk shall, not later than [January 1] April 15 of each year in which a general city election is held, submit to the Secretary of State for approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.
(c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections and 2;
(c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2;
293C.115.
Sec.
NRS1.
3.8.
The governing body of a city incorporatedws:
NRS 293C.115 is hereby amended to read as follows:
pursuant to general law may by ordinance provide for a primary city election and a general city election on:
293C.115 1.
The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:
- 80th Session (2019) – 4 – 3.
3.
293C.115 [1.] The governing body of a city incorporated primary city election and a general city election on [:e for a (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS;
293C.115 [1.] The governing body of a city incorporated pursuant to general law [may] shall by ordinance provide for a primary city election and a general city election on [:
(a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS;
[2.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 6 [2.
293C.115, 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.
293C.140 1.
[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 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.
[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 terms must be staggered.
(Deleted by amendment.) Sec.
[NRS 293C.145 is hereby amended to read as follows:
293C.145 1.
[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 each successive interval of 2 years .
[thereafter, as determined by ordinance.] 2.
There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three.
[Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the] 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.] If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.
3.
[Except as otherwise provided in NRS 293C.115, a] A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not [less than 60 days nor more than 70 days before the day of the general city election.] earlier than the first Monday in March of the year in which the general city election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in March.
The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance or resolution.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 7 4.
Candidates for mayor must be voted upon by the electors of the city at large.
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.] (Deleted by amendment.) Sec.
Except as otherwise provided in NRS 293C.115, 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.
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.
election on the same date as the statewide general electioncity pursuant to chapter 293 of NRS and the candidate is filing for:
(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:
(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.
(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 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 in accordance with the provisions of chapter 266 of NRS.
Candidates for mayor must be voted upon by the electors of the city at large.
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 each successive interval of 2 years .
[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 each successive interval of 2 years .
[thereafter, as determined by ordinance.] 2.
[thereafter, as determined by ordinance.] Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 8 2.
The mayor and council members elected to office immediately after incorporation shall decide, by lot, among election, and thereafter the terms of office must be 4 years .
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 .
(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.
(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 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 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.
(Deleted by amendment.) Sec.
[NRS 293C.175 is hereby amended to read as follows:
293C.175 1.
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 voted for at the next general city election.
2.
Except as otherwise provided in NRS 293C.115, a candidate for [any] an office to be voted for at the primary city election must file a declaration of candidacy with the city clerk :
(a) For a judicial office in a city that has by ordinance provided for a primary and a general city election on the dates set forth in chapter 293 of NRS, not earlier than the first Monday in January of the year in which the general city election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in January;
and (b) For all other offices, not [less than 60 days or more than 70 days before the date of the primary city election.] earlier than the 70th day before the primary city election and not later than 5 p.m.
on the 60th day before the primary city election.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 9 3.
The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution.
The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
[3.] 4.
All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
[4.] 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 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.
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 election.] (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 vot2.
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 voted for at the next general city election.
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 :
2.
[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 :
- 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.
(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 election.
(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] 5 p.m.
The] applicable election is to be held.the primary city 3.
on the 60th day before the [date of the primary city election.
The] applicable election is to be held.
3.
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.
If, in the primary city election, no candidate receives a majority of votes Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 10 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 election.
Sec.
(Deleted by amendment.) Sec.
[NRS 293C.175 is hereby amended to read as follows:
293C.175 1.
[Except as otherwise provided in NRS 293C.115, a] 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] second Tuesday [after the first Monday] in [April] June of [every] each even-numbered year , [in which a general city election is to be held,] at which time there must be nominated candidates for offices to be voted for at the next general city election.
2.
[Except as otherwise provided in NRS 293C.115, a] A candidate for an office to be voted for at the primary city election must file a declaration of candidacy with the city clerk [:] not earlier than:
(a) For a judicial office , [in a city that has by ordinance provided for a primary and a general city election on the dates set forth in chapter 293 of NRS, not earlier than] the first Monday in January of the year in which the general city election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in January;
and (b) For all other offices, [not earlier than the 70th day before the primary city election] the first Monday in March of the year in which the general city election is to be held and not later than 5 p.m.
on the [60th day before the primary city election.] second Friday after the first Monday in March.
3.
The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution.
The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
4.
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 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.
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 election.] (Deleted by amendment.) Sec.
[Except as otherwise provided in NRS 293C.115, a] 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] second Tuesday [after the first Monday] in [April] June of [every] each even- numbered year , [in which a general city election is to be held,] at which time there must be nominated candidates for offices to be voted for at the next general city election.
[Except as otherwise provided in NRS 293C.115, a] 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] second Tuesday [after the first Monday] in [April] June of [every] each even-numbered year , [in which a general city election is to be held,] at which time there must be nominated candidates for offices to be voted for at the next general city election.
- 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:
(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] March of the year in which the applicable election is to be held and not later than 5 p.m.
[(2) Any] Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 11 (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.
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.
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.
- 80th Session (2019) – 10 – 2.
2.
Except as otherwise provided in NRS [293C.115 and] 293C.190, a name may not be printed on a ballot to be used at a primary or general city election unless the person named has , in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy or an acceptance of candidacy and [has] paid the fee established by the governing body of the city .
Except as otherwise provided in NRS [293C.115 and] 293C.190, a [A] name may not be printed on a ballot to be used at a primary or general city election unless the person named has , in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy or an acceptance of candidacy and [has] paid the fee established by the governing body of the city .
later than 5 p.m.
[not earlier than 70 days before the primary city election and not later than 5 p.m.
D ECLARATION OF CANDIDACY OF .....FOR THE O FFICE OF ................
DECLARATION OF CANDIDACY OF .....FOR THE O FFICE OF................
State of Nevada City of....................................
State of Nevada Senate Amendment No.
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;
835 to Assembly Bill No.
50 First Reprint Page 12 City of..............................................
3 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;
that my telephone number is .................., and the address at which I - 80th Session (2019) – 11 – receive mail, if different than my residence, is ..................;
that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................;
that if I have ever been convicted of treason or a felony, my civil rights have nominated as a candidate at the ensuing election I will accept the nomination and not withdraw;
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 candidate at the ensuing election I will accept the nomination and not withdraw;
........................................................
.....................................................................
(Designation of name) ........................................................
(Designation of name) .....................................................................
................................................................................
.................................................................................................
The address of a candidate that must be included in the 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.
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;
(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;
(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;
Senate Amendment No.
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.
835 to Assembly Bill No.
50 First Reprint Page 13 (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.
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 resides in accordance with NRS 281.050.
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.
opposed to constructively, 5.
5.
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 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 city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her clerk:rights restored by a 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;
If the city clerk 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 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;
Sec.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 14 Sec.
of the first Tuesday after 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 who voted for that office at the last preceding general city election.
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 who voted for that office at the last preceding general 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 [.
of the [second Tuesday after the second Monday in April] 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 of candidacy or acceptance of candidacy and pays the appropriateation filing fee before 5 p.m.
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 of candidacy or acceptance of candidacy and pays the appropriate filing fee before 5 p.m.
The filing fee must be paid and an acceptance of the designation must be filed on or before p.m.
The filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m.
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 the day of a primary city election or general city election.
293C.2675 1.
If 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 the day of a primary city election or general city election.
- 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:
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 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 of the year in which the general city election is to be held.]n January (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place.
[(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 boundaries of the Indian reservation or Indian colony for the polling place.
primary city election or general city election dies after theot at a applicable date set forth in [:
293C.291 If a candidate whose name appears on the ballot at a primary city election or general city election dies after the applicable date set forth in [:
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 p.m.
293C.345 [Except as otherwise provided in NRS 293C.115, the] The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct [, before 5 p.m.
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.
293C.3572 1.
In 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.
(1) If the request is for a primary city election , [that is held:
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 16 (1) If the request is for a primary city election , [that is held:
[(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(2) If the request is for a general city election , [that is held:
[(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:
- 80th Session (2019) – 17 – 4.
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 branch polling place within the boundaries of the Indian reservationrary or Indian colony.
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 reservation or Indian colony.
[of] on the [first] second 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.
[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.
[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.
[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 Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 17 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.
The vacancy created must be filled in the same manner as if the candidate had died after taking offSec.
The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec.
In each city of population category one or two, in which the officers are appointed pursuant to ordinance, the mayor, with the officers.d consent of the city council, shall appoint all of the 3.
In each city of population category one or two, in which the officers are appointed pursuant to ordinance, the mayor, with the advice and consent of the city council, shall appoint all of the officers.
3.
- 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.
(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.
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.
(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 provisions of paragraph (a) of subsection 1 of NRS 293C.115,] the time for the first and subsequent elections for all elective officers.
1.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 18 1.
6-4- 1991;
6-4-1991;
11-5-1996) 3.
11-5-1996) 2.
(Repealed by Amd.
1;
6-4-1991) 3.
- 80th Session (2019) – 20 – Sec.
Sec.
No election.
No such appointment extends beyond the next general municipal election.
7-16-1997)xt general municipal Sec.
7-16-1997) Sec.
On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, general municipal election to be held for that purpose, twoat a Council 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, 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 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 declared - 80th Session (2019) – 21 – elected to the [vacant] available full-term positions.
[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 Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 19 number of votes must be declared elected to the [vacant] available full-term positions.
6-4-1991) 7, 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.
6-4-1991) [4.] 6.
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.
and (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year.
and (b) Beginning in 2022, on the second Tuesday in June of each even- numbered year.
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 ballot for the general municipal election.
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 purposes of conducting the primary municipal elections and general municipal elections.
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 NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.
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.
11.] 10.
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) Sec.
6-3-2003) Sec.
The Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 55, is hereby amended by adding thereto a new section to be designated as section 5.120, immediately following section 5.110, to read as follows:
The Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 55, is hereby amended by adding thereto a new section to be Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 20 designated as section 5.120, immediately following section 5.110, to read as follows:
Section 1.060 of the Charter of the City of Caliente, chapter 515, Statutes of Nevada 1997, at page 2449, is hereby amended to read as follows:
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.
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 this section.
Section 2.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by amended to read as follows:vada 2011, at page 954, is hereby Sec.
Section 2.010 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 954, is hereby amended to read as follows:
Sec.
Section 5.010 of the Charter of the City of Caliente, chapter 336, Statutes of Nevada 2015, at page 1889, is hereby amended to read as follows:
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:
[(b)] 2.
Senate Amendment No.
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, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
835 to Assembly Bill No.
50 First Reprint Page 21 [(b)] 2.
On the [second] first Tuesday after the first Monday in [June 2017,] 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 Mayor and two Council Members, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
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.
3.
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.
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 foSec.
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:
Sec.
- 80th Session (2019) – 25 – 3.
3.
(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.
(b) January next following their election for those officers elected in November 2022 and November of every even-numbered year thereafter.
4.
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.
1.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 22 1.
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.
3.
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.
(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.
(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 can(b) A qualified elector within the ward which he or she represents.
(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 ward which he or she represents.
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.
(d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.
Senate Amendment No.
(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.
835 to Assembly Bill No.
50 First Reprint Page 23 (d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.
(e) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
(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.
(b) Perform the duties of Mayor during the absence or disability of the Mayor.
(c) Act as Mayor until the [next municipal election if the office of Mayor becomes vacant.] vacancy is filled pursuant to section 1.070.
At the first primary or general municipal election 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.
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.
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 1971, as last amended by amended to read as follows:vada 2013, at page 1214, is hereby Sec.
Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 266, Statutes of Nevada 2013, at page 1214, is hereby amended to read as follows:
Sec.
(a) On the first Tuesday after the first Monday in April [of each odd-numbered year,] 2019;
(a) On the first Tuesday after the first Monday in April [of each odd- numbered year,] 2019;
and (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
and Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 24 (b) Beginning in 2022, on the second Tuesday in June of each even- numbered year,  at which time there must be nominated candidates for offices to be voted for at the next general 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 the primary municipal election, regardless of the number 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 need be held for that office.
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 placed on the ballot for the general municipal election.
If in 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.
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 positions.
(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 City shall elect city officers to fill the available elective positions.
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.
(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.
On the first Tuesday after the first Monday in 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 one Council Member 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 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 Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.
3.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 25 3.
- 80th Session (2019) – 30 – [(e)] 4.
[(e)] 4.
On the first Tuesday after the first Monday in November 2024, and [every] at each successive interval of 6 voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who [will] 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 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 [will] shall hold office for a period of 6 years and until his or her successor has been elected and qualified.
The next succeeding term for that office may be shortened but may not be lengthened as a res6.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 qualified 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.
The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.] 6.
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 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.
1.
No person may have access to jurisdiction or by order of the City Council.petent 3.
No person may have access to the returns except on order of a court of competent jurisdiction or by order of the City Council.
Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 26 3.
(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.
(b) If the officer is elected pursuant to subsection 2, 3, 4, 5 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 immediately following section 5.130, to read as follows:
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.
Sec.
- 80th Session (2019) – 32 – 3.
3.
Sec.
1.140 Elective offices.
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 before the vacancy occurs.
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.
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 this section.
A person may be selected to fill a prospective vacancy before the vacancy occurs.
In such a case, each member of the Council, except any member whose term of office expires Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 27 before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section.
[, 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.
[, or beyond the first regular meeting of the City Council after the second Tuesday after the first 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.
The City Council shall elect one of its members to be 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.
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to becomes effective as long as he or she continues to serve as such in uninterrupted terms.
(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.
- 80th Session (2019) – 34 – 3.
3.
(a) If the general municipal election is held in an odd- numbered year, July 1 of each year of a general municipal election.
(a) If the general municipal election is held in an odd-numbered year, July 1 of each year of a general municipal election.
(b) If the general municipal election is held in an even- numbered year, January 1 of the year following the general municipal election.
(b) If the general municipal election is held in an even-numbered year, January 1 of the year following the general municipal election.
the Municipal Judges shall elect a replacement for theudge, remainder of the unexpired term.
4.
If two or more Municipal Judges receive an equal number of votes for the position of Master Judge, the candidates who have received the tie votes shall resolve the tie vote by the drawing of lots.
If a vacancy occurs in the position of Master Judge, the Municipal Judges shall elect a replacement for the remainder of the unexpired term.
If two or more Municipal Judges receive an equal number of votes for the Senate Amendment No.
835 to Assembly Bill No.
50 First Reprint Page 28 position of Master Judge, the candidates who have received the tie votes shall resolve the tie vote by the drawing of lots.
the City Council.d to such compensation as may be fixed by [5.] 6.
(c) Is entitled to such compensation as may be fixed by the City Council.
[5.] 6.
On the Tuesday after the first Monday in April 2001, and at each successive interval of 4 years, a] - 80th Session (2019) – 35 – 1.
On the Tuesday after the first Monday in April 2001, and at each successive interval of 4 years, a] 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 must be nominated.
(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;
3.] 2019;
and (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year.
and (b) Beginning in 2022, on the second Tuesday in June of each even- numbered year.
Each candidate for [the municipal offices which must file a declaration of candidacy with the City Clerk.
Each candidate for [the municipal offices which are provided for in subsections 1, 2 and 4] municipal office must file a declaration of Senate Amendment No.
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50 First Reprint Page 29 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 - 80th Session (2019) – 36 – 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.
If, in the primary municipal election, no candidate receives a majority of votes which are cast in that election for 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 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.
[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 ordinance must not affect the term of office of any elected official of the City serving in office on the that office may be shortened but may not be lengthened as aor result of the ordinance.
If the City Council adopts an ordinance pursuant to subsection 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.
5.] held for that purpose, the Mayor and Council Members from odd-numbered wards who shall hold office until their successors have been elected and qualified pursuant to subsection 4.
The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.
5.] held for that purpose, the Mayor and Council Members from odd- numbered wards who shall hold office until their successors have been elected and qualified pursuant to subsection 4.
- 80th Session (2019) – 37 – 3.
3.
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 odd-numbered wards 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, there must be elected, at a general municipal election held for that purpose, the Mayor and Council Senate Amendment No.
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50 First Reprint Page 30 Members from odd-numbered wards who shall hold office for a period of 4 years and until their successors have been elected and qualified.
The Municipal Judge elected at the general municipal election held in June 2015 shall continue in or her successor pursuant to subsection 3 of section 5.010.
The Municipal Judge elected at the general municipal election held in June 2015 shall continue in office until the election, and qualification thereafter, of his or her successor pursuant to subsection 3 of section 5.010.
his 2.
2.
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.
A vacancy in the City Council or in the office of Mayor or Municipal Judge must be filled by a majority vote of the members of the City Council within 30 days after the occurrence of the vacancy.
[July after] the month following the next general municipal election, at which election the office must be filled for the remaining unexpired term.
2.
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 immediately preceding the last day for filing a declaration of 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.
Senate Amendment No.
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50 First Reprint Page 31 (a) Must be a qualified elector who has resided in the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his or her office.
(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.
Each Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent, and except as otherwise provided in sections 5.010 and [5.025,] 5.100, his or her term of office is 4 years.
Section 4.005 of the Charter of the City of North Las by chapter 218, Statutes of Nevada 2011, at page 962, is herebyded amended to read as follows:
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 hereby 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 of the number of Municipal Judges be elected every 2 years.third 4.
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.
4.
- 80th Session (2019) – 40 – Sec.
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 Members, who shall hold office [for a period of 4 years and] until their successors have been elected and qualified [.
Senate Amendment No.
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50 First Reprint Page 32 (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 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 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.
- 80th Session (2019) – 41 – Sec.
Sec.
The seats for City Council four, which numbers must correspond with the wards the candidates for City Council Members will seek to represent.
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.
and (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year.
and (b) Beginning in 2022, on the second Tuesday in June of each even- numbered year.
(a) A candidate for the office of City Council Member must be voted upon only by the registered voters of the ward tha(b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.
(a) A candidate for the office of City Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.
Senate Amendment No.
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50 First Reprint Page 33 (b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.
- 80th Session (2019) – 42 – Sec.
Sec.
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 manner interfere with the returns until canvassed by the City Council.
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 Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 901, is hereby amended by immediately following section 5.100, to read as follows:
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.
Sec.
- 80th Session (2019) – 43 – 1.
1.
2.
Senate Amendment No.
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50 First Reprint Page 34 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.
Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by amended to read as follows:vada 2015, at page 1893, is hereby Sec.
Section 5.010 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 336, Statutes of Nevada 2015, at page 1893, is hereby amended 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 years and] until their successors have been elected and qualified [.
(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 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 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 hold office for a period of 4 years and until their successors have been elected and qualified.
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.
3.
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 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 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 Senate Amendment No.
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election;
Sec.
5.090 Election returns;
canvass;
certificates of election;
- 80th Session (2019) – 45 – 3.
3.
The Clerk shall then issue to the Sec.
The Clerk shall then issue to the winner a certificate of election.
Sec.
Notwithstanding any other provision of law to the contrary, if a city incorporated pursuant to general law held a general city election in:
Notwithstanding any other provision of law to the contrary, if a city incorporated pursuant to general law [holds] held a general city election in:
June 2017, the elective city officers elected at such general city election shall continue in office until the election, and qualification thereafter, of their successors in the general city election to be held on the first Tuesday after the first Monday in November 2022.
June [2019,] 2017, the elective city officers [who are] elected at such general city election shall continue in office until the election, and qualification thereafter, of their successors in the general city election to be held on the first Tuesday after the first Monday in November 2022.
June 2019, the elective city officers elected at such general city election shall continue in office until the election, and qualification thereafter, of their successors in the general city election to be held on the first Tuesday after the first Monday in November 2024.
June [2021,] 2019, the elective city officers [who are] elected at such general city election shall continue in office until the election, and qualification thereafter, of their successors in the general city election to be held on the first Tuesday after the first Monday in November 2024.
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 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 city council member, mayor, municipal judge or other elective citye 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.
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 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 city 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.
2.
3.
Senate Amendment No.
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and 20 to 53, inclusive, of this act become effective on July 1, 2019.
Sec.
54.
1.
This section and sections [7,] 3.8, 6.2, 7.2, 7.7, 8, 17, 18 and 20 to 53, inclusive, of this act become effective [upon passage and approval.] on July 1, 2019.
Sections 1, 2, 3, 4, 5, 6.4, 7.4, 9 to 16, inclusive, and 19 of this act become effective on July 1, 2021.
Sections 1 [to 6, inclusive, 7.3,] , 2, 3, 4, 5, 6.4, 7.4, 9 to 16, inclusive, and 19 of this act become effective on July 1, 2021.
~~~~~ 19 - 80th Session (2019)
TEXT 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 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.
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 primary municipal elections and general municipal elections.
3.
If the City Council adopts an ordinance pursuant to 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.