N.R.S. 293.176 - When candidacy for major political party prohibited; exception
Overview of Statute
This section outlines when a major political party candidacy is prohibited.
1. Except as otherwise provided in subsection 2, no person may be a candidate of a major political party for partisan office in any election if the person has changed:
(a) The designation of his or her political party affiliation; or
(b) His or her designation of political party from nonpartisan to a designation of a political party affiliation,
on an application to register to vote in the State of Nevada or in any other state during the time beginning on December 31 preceding the closing filing date for that election and ending on the date of that election whether or not the person’s previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate of a political party that is not organized pursuant to NRS 293.171 on the December 31 next preceding the closing filing date for the election.
1. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
2. Definition for Major political party
Any organization which qualifies as such pursuant to NRS 293.128.
See Nev. Rev. Stat. § 293.0655.
3. 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.
4. 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.
5. Definition for Candidate
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.
Case Name: Independent Am. Party v. Lau
Citation: 110 Nev. 1151, 880 P.2d 1391
- Former provisions concerning cutoff date for change in party affiliation did not apply to candidates of minor political parties.
Case Name: Long v. Swackhamer
Citation: 91 Nev. 498, 538 P.2d 587
- Statute inapplicable to new political party formed after cutoff date for change in party affiliations.
Regulations & Guidance
Attorney General's Opinions
AGO 120 (1964) A person who has changed his political party affiliation since the last primary election is prohibited from seeking a party nomination in the next primary election by NRS 293.176, and also prohibited from filing as an independent candidate by subsec. 7 NRS 293.200.
AGO 182 (1964) A qualified elector not previously affiliated with a major political party, who affiliated by registration with one major party subsequent to the last preceding primary election, was entitled to file for nomination as a candidate of that party at the next primary election, notwithstanding the provisions of NRS 293.176.
AGO 627 (1969) Although NRS 293.176 and former provisions of 293.200, which respectively prohibit the candidacy for a party nomination and the independent candidacy of a person who has changed his political affiliation and registration since the last primary election, have been held to be unconstitutional by two district courts, these statutes remain in force and must be obeyed by county clerks, whose duty in placing candidates on the ballot is ministerial.
AGO 86 (1972) A new resident who was prevented by the residency requirements of NRS 293.485 from changing party registration until after the new date specified in NRS 293.176 was entitled to file for nomination as a candidate of the party in which he registered, notwithstanding the provisions of NRS 293.176.
AGO 197 (1976) The provisions of NRS 293.176, which preclude a person from being a candidate for a political party nomination if he changed the designation of his political party affiliation within a certain time, are a constutionally permissible means of protecting the integrity of political parties and may not be circumvented by the device of cancelling registration and later reregistering as a voter in another party.
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 provisions 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."