N.R.S. 293C.145 – Date of general city election in city of population category three; number of council members; terms of mayor and council members; procedure for filing declaration of candidacy; candidates for mayor to be voted upon by electors at large; candidates for city council to be voted upon by electors of ward or electors at large; exceptions
Overview of Statute
This section requires general elections to take place in category three population cities, and provides for the date of elections, the positions to be elected, the terms of office for those positions, declaration of candidacy, and appropriate electorate for each position.
1. Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population category three on the second Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.
2. There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.
3. Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance or resolution.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
2. Definition for City of population category three
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter, whose population is 5,000 or less.
See Nev. Rev. Stat. § 293.0384.
3. Definition for 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.
4. Definition for 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.
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.
Notes from "State of Nevada Elections 2015," published on January 1, 2016, by Barbara K. Cegavske, Nevada Secretary of State
Ch. 336, Stats. 2015, which amended this section to change the date of the general city election, contains the following provision not included in NRS: "Sec. 15. The amendatory provisions of this act do not abrogate or affect the current term of office of any municipal officer who is serving in that office on January 1, 2016."