N.R.S. 293C.185 – Declaration or acceptance of candidacy: Filing required; fee; filing period; form; 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 procedures, forms, and requirements for individuals that declare their candidacy in a city primary election.
1. Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary or general city election unless the person named has, in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy with the appropriate filing officer and paid the filing fee established by the governing body of the city.
2. A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form:
Declaration of Candidacy of __________ for the Office of __________
State of Nevada
City 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 city, township 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; that if nominated as a 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 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 that must be included in the declaration 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 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 the 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 of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk 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 city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.
7. If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored, the city clerk:
(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; and
(b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.
8. The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.
9. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.
1. Definition for 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.
3. Definition for 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.
4. Definition for Oath
See Nev. Rev. Stat. § 293.068.
5. 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.
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 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.
8. 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.
9. 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.
10. 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.
Regulations & Guidance
Attorney General's Opinions
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 same, the deposit of such papers in the United States mail does not constitute filing of same. (See NRS 293C.185.)
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 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 closing of filing, and neither candidate can thereafter withdraw his name from the general election ballot. (See NRS 293C.185.)
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. 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 voters. 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 197 (1976) The provision 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 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. A 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.)