AB 448 — Revises provisions governing the procedure for filling certain vacancies in office. (BDR 17-950)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

448448–Committee ASSEMBLYon BILLNLegislative O.Operations and Elections CHAPTER..........

448–C OMMITTEE ON LEGISLATIVE O PERATIONS AND ELECTIONS M ARCH 25, 2019 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing the procedure for filling certain vacancies in office.

(BDR 17-950) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegUnderLegislative existingCounsel’s law,Digest: a candidate seeking election to the office of a Legislator must actually, as opposed to constructively, reside in the legislative district for at least 30 days immediately preceding the deadline for the close of the filing period to become a candidate.

Under existing law, a candidate seeking election to the office of a Legislator must actually, as opposed to constructively, reside in the legislative district for at least 30 days immediately preceding the deadline for the close of the filing period to become a candidate.

(NRS 218A.200) acceptanceExisting oflaw candidacyalso andrequires athe declarationlegislative ofcandidate residencyto infile whicha thedeclaration legislativeror candidateacceptance swearsof orcandidacy affirmsand undera penaltydeclaration of perjuryresidency thatin hewhich or she meets the legislative residency requirements and other qualifications for the legislative office.

(NRS 293.177, 293.181) This bill enacts similar provisions with regard to persons who file applications statutes,to iffill a vacancy occurs in the office of a Legislatorlegislative duringoffice. a regular or special session or when no election at which officers are to be elected will take place before the next regular or special session, the appropriate board or boards of county commissioners are required to fill the vacancy by appointment.

Under the Nevada Constitution and existing statutes, if a vacancy occurs in the office of a Legislator during a regular or special session or when no election at which officers are to be elected will take place before the next regular or special session, the appropriate board or boards of county commissioners are required to fill the vacancy by appointment.

4, §of 12;county commissioners charged with filling the vacancy to establish:

NRS 218A.260) Section 2 of this bill requires the appropriate board or boards of county commissioners charged with filling the vacancy to establish:

and (2) a deadline for -the *AB448_R1*close –of 2 – persons filing such applications to also file declarations of eligibilityapplications in which theys swear or affirm under penalty of perjury that they meet the residency requirements and other qualifications to fill the vacancy.

Section 3 of this bill requires persons filing such applications to also file declarations of eligibility in which they swear or affirm under penalty of perjury that they meet the residency requirements and other qualifications to fill the vacancy.

and (5) actually, as 5,opposed 12;to constructively, resides in the legislative district.

NRS(Nev. 218A.200, 218A.260) Sections 4 and 5 of this bill clarify that theArt.

4,Const. §§ person appointed to fill the vacancy must meet all these qualifications for the legislative office and must also:

Art.

4, §§ 5, 12;

NRS 218A.200, 218A.260) Sections 4 and 5 of this bill clarify that the person appointed to fill the vacancy must meet all these qualifications for the legislative office and must also:

and (2) have actually, as opposed to - 80th Session (2019) – 2 – constructively, resided in the legislative district for at least 30 days immediately preceding the deadline established under section 2 for the close of filing of applications to fill the vacancy.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located(a) shallA establish:process by which persons may file applications with the board to fill the vacancy;

(a) A process by which persons may file applications with the board to fill the vacancy;

- *AB448_R1* – 3 – Sec.

7 For the purpose of applying to fill the vacancy in the office of a Legislator in the following legislative district, ................

(name of assembly or senatorial district), 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 - 80th Session (2019) – 3 – of Nevada;

that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada;

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 I will otherwise qualify for the office if appointed thereto, including, but not limited to, complying with any limitation prescribed by the Constitution of this State concerning the number of years or terms for which a person may hold the office;

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State State - *AB448_R1* – 4 – From............To ............