N.R.S. 306.020 - Public officers subject to recall from office; contents of petition for recall
Overview of Statute
This section provides for public officers to be recalled from office.
Statute
1. Every public officer in the State of Nevada is subject to recall from office by the registered voters of the State or of the county, district or municipality that the public officer represents, as provided in this chapter and Section 9 of Article 2 of the Constitution of the State of Nevada.
2. A public officer who is appointed to serve the remainder of the unexpired term of an elective office:
(a) Is subject to recall in the same manner as provided for a public officer elected to that office; and
(b) For the purposes of recall, shall be deemed to have been elected to that office at the same election at which the former elected officeholder or candidate was elected before the vacancy in that office.
3. The petition to recall a public officer may be signed by any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents who actually voted in the election at which the public officer was elected.
4. The petition must:
(a) Set forth the reason why the recall is demanded, which must appear on each signature page of the petition;
(b) Contain the residence addresses of the signers and the date that the petition was signed;
(c) Contain a statement of the minimum number of signatures necessary to the validity of the petition;
(d) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;
(e) Include the date that a notice of intent was filed; and
(f) Have the designation: “Signatures of registered voters seeking the recall of __________ (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.
(Added to NRS by 1960, 282; A 1963, 1385; 1969, 197; 1971, 159; 1975, 1166; 1981, 22; 1987, 698; 1989, 1062; 2009, 168; 2015, 1884; 2019, c.288.)
1. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
2. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
3. Definition for Candidate
Any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.
Cases
Nevada Cases
Case Name: Fiannaca v. Gill
Citation: 78 Nev. 337, 372 P.2d 683
Year: 1962
Case URL: https://www.ravellaw.com/opinions/f000754a1ca4c7b6f5cda553624c9ff0?query=Fiannac[...]
Case Summary:
- Necessity for compliance with statutory requirements.
- Proper verification required.
- Petition invalid where some copies not verified by the person signing the particular copy.
Case Name: Batchelor v. Eighth Judicial Dist. Court
Citation: 81 Nev. 629, 408 P.2d 239
Year: 1965
Case URL: https://www.ravellaw.com/opinions/b8d7e626a2b3c332de0ccfa839780c02?query=Batchel[...]
Case Summary:
- Merit of reason is for the voters to decide.
- Statement of the reason for recall.
Case Name: Strickland v. Waymire
Citation: 126 Nev. 230, 235 P.3d 605
Year: 2010
Case URL: https://www.ravellaw.com/opinions/ba3f628d9b9eea189d43d48fa899feb4?query=Strickl[...]
Case Summary:
- Interpretation of 25-percent signature threshold set forth in Nev. Art. 2, section 9.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
-
AGO 59 (1921) The recall provision of the Nevada constitution by its terms requires an enabling statute to make it operative.
-
AGO 84 (1921) A signer of a recall petition may not withdraw his name after the petition is filed.
-
AGO 80-4 (1980) Under NRS 293.128, 293.200, 295.015, 295.045, 295.095, 295.140, 295.205 and 306.020, currently registered voters may sign petitions in furtherance of a qualifying political party or an independent candidate, placing initiative and referendum measures on the ballot and initiating recall elections, regardless of whether these person voted in the last preceding general election.