Code Section
Nevada > Statutes > Nominations

N.R.S. 293.177 - Declaration or acceptance of candidacy: Filing required; fee; filing periods; forms; contents; submission and retention of proof of identity, address and residency; appointment of agent for service of process; investigation and challenge of candidates; unlawful for candidates to make certain false statements

Overview of Statute

This section provides the filing for a declaration of candidacy, and the process for disqualifying a candidate who has been convicted of a felony and not had their civil rights restored.

Statute

1.  Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than:

(a) For a candidate for judicial office, the first Monday in January of the year in which the 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 candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

Declaration of Candidacy of …….. for the

Office of …………….

State of Nevada

County of …………………..

For the purpose of having my name placed on the official ballot as a candidate for the ……………. Party nomination 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 actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is …………, and the address at which I receive mail, if different than my residence, is ………; that I am registered as a member of the ……………. Party; 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 have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ……………. Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

                                                           …………………………………………………………………….

                                                                                (Designation of name)

                                                           …………………………………………………………………….

                                                                      (Signature of candidate for office)

Subscribed and sworn to before me

this …… day of the month of …… of the year ……

…………………………………………………………

       Notary Public or other person

     authorized to administer an oath

      (b) For nonpartisan office:

Declaration of Candidacy of …….. for the

Office of …………….

State of Nevada

County of …………………..

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 actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ……….., and the address at which I receive mail, if different than my residence, is ……….; 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 if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

                                                           …………………………………………………………………….

                                                                                (Designation of name)

                                                           …………………………………………………………………….

                                                                      (Signature of candidate for office)

Subscribed and sworn to before me

this …… day of the month of …… of the year ……

…………………………………………………………

       Notary Public or other person

     authorized to administer an oath

3.  The address of a candidate which must be included in the declaration of candidacy 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. The declaration or acceptance of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

(a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to his or her residence; and

(b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

(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.

4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

(a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

(b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, 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.

5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

(a) May not be withheld from the public; and

(b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

7.  If the filing officer 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 filing officer:

(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; and

(b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

8.  The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.

9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

(Added to NRS by 1960, 243; A 1961, 285; 1963, 1372; 1967, 859; 1971, 438, 1551; 1975, 617; 1977, 240; 1979, 262, 635; 1983, 1116; 1985, 1218; 1989, 178, 1728, 2162; 1993, 2175; 1995, 75, 2260; 1997, 228, 752, 771, 3447; 1999, 2151; 2001, 149, 673; 2003, 683, 1643, 1715; 2005, 2284; 2007, 212, 1148; 2009, 1262, 2017, 3296)

Definition [Filing officer]

The Secretary of State, county or city clerk or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.

See Nev. Rev. Stat. § 293.057.

Definition [Judicial office]

The office filled by any judicial officer.

See Nev. Rev. Stat. § 293.064.

Definition [Political Party]

Any minor or major political party.

See Nev. Rev. Stat. § 293.073.

Definition [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

Definition [Nonpartisan office]

An elected office for which a political party may not nominate a candidate.

See Nev. Rev. Stat. § 293.0675.

Definition [Mail]

The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.

See Nev. Rev. Stat. § 293.065.

Definition [Oath]

Includes affirmation.

See Nev. Rev. Stat. § 293.068.

Definition [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.

Definition [Ballot]

The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.

See Nev. Rev. Stat. § 293.025.

Definition [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.

Definition [Elector]

A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.

See Nev. Rev. Stat. § 293.055.

Definition [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: State ex rel. Thatcher v. Brodigan

Citation: 37 Nev. 458, 142 Pac. 520

Year: 1914

Case URL: https://www.ravellaw.com/opinions/f909924c3ba06722a1abe9dbac80d21d?query=State%2[...]

Case Summary:

  • Candidate who filed for nomination and had no opposition could not withdraw.
  • Declaration of party membership is prerequisite to nomination; purpose of law.
  • Person filing as candidate for nomination of one party could not thereafter file as candidate for nomination of another party.
  • Second of two candidates filing for party nomination could not withdraw after withdrawal of first.

Case Name: Miller v. Burk

Citation: 124 Nev. 579, 188 P.3d 1112

Year: 2008

Case URL: https://www.ravellaw.com/opinions/f537b031fa7c68aadedd619f0f966507?query=secreta[...]

Case Summary:

  • A position on the Board of Regents of the University of Nevada is a "state office" under the term-limits amendment to the Nevada Constitution.
  • The court may issue a writ of mandamus to require an elections official to comply with the law and exclude the name of an unqualified candidate from the ballot.
  • A writ of mandamus was an available remedy in a pre-election challenge to the qualifications of certain state and local candidates under the term-limits amendment to the Nevada Constitution.
  • A constitutional amendment adopted through the initiative process becomes effective on the date of the canvass of the votes and applies only prospectively unless the amendment specifically provides otherwise.
  • The term-limits amendment to the Nevada Constitution barred certain state and local candidates from being re-elected where their prior terms of office commenced after the amendment's effective date.

Out-of-State Cases

Federal Cases

Regulations & Guidance

Administrative Regulations

  • Change in name on ballot, NAC 293.081.

  • Procedures regarding election supplies and voting booths for each polling place, NAC 293.225.

Attorney General's Opinions

  • AGO 66 (1917) Two political parties cannot nominate by primary the same person for the same office, nor can a fusion be effected through nomination by a petition of electors in view of the provisions of secs. 5 and 31, ch. 155, Stats. 1917 (cf. NRS 293.177 and 293.200), regulating the nomination of candidates.

  • AGO 229 (1918) Provisions of sec. 25, ch. 155, Stats. 1917, the primary election law (cf. NRS 293.175 et seq.), regarding filling a vacancy in nominations, apply only to a vacancy occurring by the death or insanity of a nominee, since sec. 5, ch. 155, Stats. 1917 (cf. NRS 293.177), prohibits voluntary withdrawal by nominated candidates.

  • AGO 243 (1926) A party candidate may withdraw at any time prior to expiration of the time for filing nomination papers, but he may not become a candidate of another party at the same election.

  • AGO B-7 (1940) Nomination papers must be received in the office of the proper filing officer within the time provided by law for filing the same, the deposit of such papers in the United States mail does not constitute filing of the same. (See NRS 293C.185.)

  • AGO 46-300 (1946) An elector who has no political affiliations and is registered as a nonpartisan may reregister after a general election to affiliate with a political party and thereby qualify to become a candidate of such party at the next primary election.

  • AGO 898 & B942 (1950) A person who changes political affiliation from one party to another by reregistering after a general election may not be a candidate of such party at the ensuing primary election.

  • AGO 188 (1956) A candidate for nomination in a primary election may withdraw at any time prior to his nomination even though his name has already been printed on the primary ballot. (See NRS 293C.185.)

  • AGO 194 (1956) A person who files a nonpartisan declaration of candidacy for the office of constable, which is not a nonpartisan office, is not a proper candidate and his name should not be placed on either the primary ballot or the general election ballot. (See NRS 293C.185.)

  • AGO 205 (1956) Where only two candidates file for a nonpartisan office, both are deemed nominated as of the date set by law for the closing of filing, and neither candidate can thereafter withdraw his name from the general election ballot. (See NRS 293C.185.)

  • AGO 374 (1958) A candidate is not eligible to file for office if he has changed his party affiliation since the last general election.

  • AGO 60-179 (1960) Under NRS 245.170 and 252.060, relating to a vacancy in the office of district attorney and the filling of that vacancy, where the vacancy is created before the biennial general election but after the last day for filing a declaration of candidacy pursuant to NRS 294.120 (cf. NRS 293.177), the appointment to fill the vacancy may not extend beyond the next biennial election.

  • AGO 60-179 (1960) Where a vacancy is created in the office of district attorney before the biennial general election but after the last day of filing a declaration of candidacy pursuant to NRS 294.120 (cf. NRS 293.177), the office must be placed upon the ballot for the next biennial general election and party nominees must be provided in the manner prescribed by NRS 294.300 (cf. NRS 293.165), relating to vacancies in a party nomination after a primary election.

  • AGO 311 (1966) Under NRS 293.517, which requires an elector in completing an affidavit of registration to give true and satisfactory answers, registration under an assumed name would not be valid, and a person so registered could not meet the requirements of NRS 293.177 for candidacy for public office. (See NRS 293C.185.)

  • AGO 311 (1966) In signing a declaration of candidacy under NRS 293.177, a person may incorporate into his name a nickname which more positively identifies him to the voters. (See NRS 293C.185.)

  • AGO 197 (1976) Provisions of NRS 293.177, requiring a political party primary candidate to be a registered voter of the party for which he seeks nomination, do not conflict with Nev. Art. 15, section 3, relating to eligibility to public office. A candidate in a nonpartisan primary election need not be a registered voter but must be a qualified elector. (See NRS 293C.185.)

  • AGO 84-4 (1984) Where a county officer resigns after the last day for filing a declaration of candidacy under NRS 293.177, that office must be placed on the ballot for the next biennial general election because NRS 245.170 limits the duration of an appointment to fill a vacancy, and a candidate for that office must be designated pursuant to NRS 293.165, relating to a vacancy in a party nomination after a primary election.

  • AGO 93-12 (1993) Under NRS 293.517, which provides the manner of registering the name of a married female elector and requires a change of registration upon a change of name, and NRS 293.177, which requires a declaration of candidacy to include an averment of registration, a married woman must file as a candidate using her own given name and her husband's surname, but may insert her maiden name for identification. (See NRS 293C.185.)

  • AGO 94-18 (1994) A person who is 17 years of age may file a declaration of candidacy if he will be 18 years of age on or before the next election. The filing officer must accept and file such a declaration if it is valid as to form and other statutory requirements are met. (See NRS 293.177 and 293C.185.)

  • AGO 96-16 (1996) Where a vacancy is created in the office of county assessor before the next biennial election but after the last day for filing a declaration of candidacy pursuant to NRS 293.177, a nominee of a major political party must be chosen in the manner prescribed by NRS 293.165.

Additional Resources

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."