Code Section
Nevada > Statutes > Nominations

N.R.S. 293.200 - Independent candidates: Qualification; petition of candidacy; time limit for challenge; declaration of candidacy

Overview of Statute

This section governs the qualification, candidate petition, time limit for challenge, and candidate declaration for independent candidates.

Statute

1.  An independent candidate for partisan office must file with the appropriate filing officer as set forth in NRS 293.185:

(a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 10 working days before the last day to file the petition pursuant to subsection 4. The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.

(b) Either of the following:

(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:

(I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;

(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or

(III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.

(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.

2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 10 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

4.  Petitions of candidacy must be filed not earlier than the first Monday in March preceding the general election and not later than 5 p.m. on the third Friday in June.

5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

6.  A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.

7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

8.  If the sufficiency of the petition of the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Friday in June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Friday in June.

9.  Any challenge pursuant to subsection 8 must be filed with:

(a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.

(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

10.  The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

11.  An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 not earlier than the first Monday in March of the year in which the election is held and not later than 5 p.m. on the second Friday after the first Monday in March.

(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387; 1971, 440, 1122; 1975, 936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164; 1993, 2668; 1997, 316; 1999, 1392, 2154, 3551; 2001, 149, 154; 2003, 1645, 1704; 2009, 1266; 2013, 2373; 2015, 3575)

Definition [County clerk]

Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.

See Nev. Rev. Stat. § 293.044.

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 [Political Party]

Any minor or major political party.

See Nev. Rev. Stat. § 293.073.

Definition [General election]

The election held pursuant to NRS 293.12755.

See Nev. Rev. Stat. § 293.060.

Definition [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

Definition [Registered voter]

An elector who has completed the procedure prescribed by law for registration as a voter.

See Nev. Rev. Stat. §  293.090.

Definition [Independent candidate]

A candidate who has been nominated for a partisan office but who is registered with no political party affiliation pursuant to the provisions of this title.

See Nev. Rev. Stat. § 293.063.

Definition [Clerk]

The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.

See Nev. Rev. Stat. § 293.040.

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 [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: Williams v. Clark County Dist. Att’y

Citation: 118 Nev. 473, 50 P.3d 536

Year: 2002

Case URL: https://www.ravellaw.com/opinions/dd63ff0bd335c935f81bdb8f86dd3e2c?query=50%20P.[...]

Case Summary:

  • A candidate must have both actual residence and legal domicile in pertinent area.
  • Facts indicated candidate did not have legal domicile in appropriate county commission district.
  • Computation of period for deadline for filing challenge regarding qualification of candidate: Application of rules of civil procedure; exclusion of certain days.
  • Filing of challenge: Requirement to attach documentation and supporting evidence demands only substantial  compliance.

Out-of-State Cases

Federal Cases

Regulations & Guidance

Attorney General's Opinions

  • AGO 135 (1914) An elector who has registered as a member of a political party is not disqualified from signing a nominating petition of an independent candidate; nor is such elector thereby disqualified from voting in the party primary.

  • AGO 91 (1916) An elector may sign as many nominating petitions for independent candidates as he pleases, providing they are for different offices.

  • 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, 293.200), regulating the nomination of candidates.

  • AGO 180 (1918) The same elector cannot sign certificates of nomination for more than one independent candidate for the same office.

  • AGO 205 (1918) The sample ballot for a primary election should not contain the names of independent candidates since they are not nominated at the primary.

  • AGO 215 (1918) Any number of persons may be nominated for the same office by separate and distinct petitions, but incorporating in the same petition more than one nomination for the same office is prohibited.

  • AGO 224 (1918) Although a candidate for a nonpartisan office may not be nominated by petition pursuant to sec. 31, ch. 155, Stats. 1917, the primary election law (cf. NRS 293.200), such petition, if otherwise proper, may be deemed a petition to fill a vacancy in the nomination pursuant to sec. 25, ch. 155, Stats. 1917, the primary election law (cf. former provisions of NRS 293.165), if no candidate was nominated at the primary.

  • AGO 231 (1918) Justices of the peace cannot be nominated by independent nomination. Candidates must be nominated at a primary election.

  • AGO 164 & 166 (1920) A signer of a certificate of nomination of an independent candidate does not thereby lose party standing and has the right to vote in the primary.

  • AGO 335 (1954) Where an incumbent who files for reelection as an independent candidate for a partisan office, is the only candidate for such office and dies after the primary but prior to the general election, the vacancy in the nomination may be filled only by independent candidates who must file and qualify in the manner provided in 1943 NCL section 2435 (cf. NRS 293.200). Party candidates may not be appointed to fill such a vacancy.

  • 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 subsection 7 of NRS 293.200.

  • 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 an independent candidate, placing initiative and referendum measures on the ballot and initiating recall elections, regardless of whether theses persons voted in the last preceding general election.