N.R.S. 293C.1865 – Remedies for candidates who unlawfully make certain false statements; disqualification from taking office; removal from ballot or notification to voters at polling places; enforcement in preelection actions
Overview of Statute
This section provides that persons who willfully declare or accept candidacy knowing that their candidacy contains a false statement must not appear on any ballot for election, and provides for steps to be taken by election administrators if said persons name wrongly appears on a ballot.
1. In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy which contains a false statement:
(a) The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and
(b) The person is disqualified from entering upon the duties of the office for which the person filed the declaration of candidacy.
2. If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.
3. The provisions of this section may be enforced in any preelection action to which the provisions of NRS 293.2045 apply.
1. 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.
2. 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.
3. 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.
NRS Cross References
Major or minor political party nomination or nonpartisan nomination, procedure for filling vacancy, NRS 293.165.
Party nomination for office of State Legislator from multicounty legislative district, procedure for filling vacancy, NRS 293.166.