N.R.S. 293.128 - Procedure for qualification
Overview of Statute
This section outlines the necessary procedures to qualify as a major political party.
1. To qualify as a major political party, any organization must, under a common name:
(a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this State; or
(b) File a petition with the Secretary of State not later than the last Friday in February before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by the circulator thereof to the effect that the signers are registered voters of this State according to the circulator’s best information and belief and that the signatures are genuine and were signed in the circulator’s presence. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in February preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as registered agent in this State.
4. A political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
1. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
2. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
4. 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.
5. Definition for Major political party
Any organization which qualifies as such pursuant to NRS 293.128.
See Nev. Rev. Stat. § 293.0655.
6. 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.
7. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
Case Name: Libertarian Party of Nevada v. Swackhamer
Citation: 638 F. Supp. 565
Federal District Court: District of Nevada
- Former provisions of statute unconstitutional when inherent bar to filing as candidate for third party created.
- Former provisions of statute infringed upon political party's access to ballot and voters' right to cast vote.
Regulations & Guidance
Attorney General's Opinions
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 qualifying a political party or independent candidate, placing initiative and referendum measures on the ballot and initiating recall elections, regardless of whether these persons voted in the last preceding general election. (But see Strickland v. Waymire, 126 Nev. 230, at 240, 235 P.3d 605 (2010).)
AGO 99-37 (1999) In addition to provisions of law related to the circulation of an initiative or referendum petition (see Nev. Art. 19, section 3 and NRS 295.055), Buckley v. American Constitutional Law Found., Inc., 119 S.Ct. 636 (1999), makes invalid--with respect to any ballot access petition--a requirement that the circulator of the petition be a registered voter (see NRS 293.128 and 295.150).
Petition documents, requirements, NAC 293.182
Notes from "State of Nevada Elections 2015," published on January 1, 2016, by Barbara K. Cegavske, Nevada Secretary of State
Ch. 608, Stats. 1995, the source of the amendatory provisions which replace the references in chapters 293, 318 and 474 of NRS to "affidavits of registration" with references to "applications to register to vote," contains the following provision not included in NRS: "The legislature hereby declares that the purpose of this act is to conform the procedures for registering to vote in this state with the procedures set forth in the National Voter Registration Act, Public Law No.103-31, for federal elections and to cause all future amendments to conform to that Act and all related subsequent federal laws."