N.R.S. 306.045 - Effect of resignation by officer
Overview of Statute
This section outlines the result of a public officer’s resignation in his or her office before the special election.
If a public officer who is subject to a recall petition resigns his or her office:
1. Before the call for a special election is issued:
(a) The official with whom the petition to recall is filed shall cease any further proceedings regarding the petition;
(b) A vacancy occurs in that office; and
(c) The vacancy thereby created must be filled in the manner provided by law.
2. After the call for a special election is issued, the special election must be conducted.
(Added to NRS by 1999, 2169)
1. Definition for Ballot box
A box that is capable of being secured and is used to receive the voted ballots.
See Nev. Rev. Stat. § 293.026.
2. Definition for Tally list
1. The paper form furnished to election board officers to be used in recording the number of votes cast for each candidate and question on the ballot; or
2. An electronically generated report of the number of votes cast for each candidate and question on the ballot.
See Nev. Rev. Stat. § 293.113.
3. Definition for Catastrophe
A natural or man-made event that causes, by death or disappearance, a vacancy in at least one-fourth of the total number of offices in the United States House of Representatives, including any number of offices representing the State of Nevada, or at least one-half of the total number of offices representing the State of Nevada.
See Nev. Rev. Stat. § 304.210.
4. Definition for Absent voter
A registered voter who has received or who has voted an absent ballot.
See Nev. Rev. Stat. § 293.015.
5. Definition for County clerk
6. Definition for Deputy clerk
A deputy clerk for early voting who is appointed pursuant to NRS 293.358 to serve as the election officer in charge of the polling place for early voting.
See Nev. Rev. Stat. § 293.046.
7. Definition for Contribution
1. “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:
(2) Person who makes an independent expenditure; or
(3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure for or against a candidate or group of candidates, without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services provided to a campaign.
See Nev. Rev. Stat. § 294A.007.
8. Definition for Expenditures
1. Money paid for advertising or communication on television, radio, billboards or posters, in newspapers or other periodicals or by mail; and
2. All other money paid, to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.
See Nev. Rev. Stat. § 294A.0075.
9. Definition for Absent ballot
A ballot voted by a person who expects to be or is absent from the polling place for his or her precinct or district on election day.
See Nev. Rev. Stat. § 293.013.
10. Definition for Regular votes
The votes cast by registered voters, except votes cast by absent ballot or provisional ballot.
See Nev. Rev. Stat. § 293.093.
11. Definition for Sample ballot
1. “Sample ballot” means a document distributed by a county or city clerk upon which is included a list of the offices, candidates and ballot questions that will appear on a ballot.
See Nev. Rev. Stat. § 293.097.
12. Definition for School office
An office filled by a school officer.
See Nev. Rev. Stat. § 293.100.
13. Definition for State officer
State officer means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller;
6. The Attorney General;
7. A justice of the Supreme Court;
8. A judge of the Court of Appeals;
9. A State Senator;
10. A State Assemblyman or Assemblywoman;
11. A regent of the University of Nevada;
12. A member of the State Board of Education; or
13. A district judge.
14. Definition for Covered voter
1. A uniformed-service voter;
2. An overseas voter; or
3. A spouse or dependent of a uniformed-service voter.
See Nev. Rev. Stat. § 293D.030.
15. Definition for Election year
“Election year” means, with regard to a:
1. Candidate, the calendar year in which the primary election and general election are held for the public office for which the candidate is seeking election or intends to seek election.
2. Question on the ballot, the calendar year in which the election is held for the question.
See Nev. Rev. Stat. § 294A.0074.
16. Definition for Disappearance
The inability to establish conclusively whether a Representative in Congress has survived a catastrophe.
See Nev. Rev. Stat. § 304.220.
17. Definition for Ballot listing
The list of the names of candidates as they appear on the ballot.
See Nev. Rev. Stat. § 293.030.
18. Definition for Challenge list
A form furnished election board officers to be used in making a record of all challenges.
See Nev. Rev. Stat. § 293.035.
19. 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.
20. Definition for Spoiled ballot
A ballot defaced by a voter and exchanged for a new one.
See Nev. Rev. Stat. § 293.107.
21. Definition for Election board
The persons appointed by each county or city clerk to assist in the conduct of an election.
See Nev. Rev. Stat. § 293B.027.
22. Definition for Overseas voter
A United States citizen who is outside the United States and is eligible to be a covered voter pursuant to NRS 293D.210.
See Nev. Rev. Stat. § 293D.060.
23. Definition for Judicial office
The office filled by any judicial officer.
See Nev. Rev. Stat. § 293.064.
24. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
25. Definition for Rejected ballot
A ballot that must not be counted because it is rejected by the election board or counting board for any reason required or authorized by this chapter.
See Nev. Rev. Stat. § 293.094.
26. Definition for School Officers
The Board of Regents of the University of Nevada, members of the State Board of Education and school district trustees.
See Nev. Rev. Stat. § 293.103.
27. Definition for Township office
An office filled by a township officer.
See Nev. Rev. Stat. § 293.115.
28. Definition for Voting district
An area formed by the consolidation of two or more contiguous precincts.
See Nev. Rev. Stat. § 293.121.
29. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
30. Definition for Judicial officer
Any justice of the Supreme Court, any judge of the Court of Appeals, any judge of a district court or any justice of the peace.
See Nev. Rev. Stat. § 293.0643.
31. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
32. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
33. Definition for Township officer
A public official elected in a township to serve the township.
See Nev. Rev. Stat. § 293.117.
34. Definition for Abstract of votes
A compilation of votes cast for a particular candidate by office and precinct.
See Nev. Rev. Stat. § 293.016.
35. Definition for Central committee
The county or the state authority of a major political party.
See Nev. Rev. Stat. § 293.033.
36. Definition for Facsimile machine
A device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
See Nev. Rev. Stat. § 293.056.
38. Definition for Digital signature
An electronic signature that transforms a message by using an asymmetric cryptosystem.
See Nev. Rev. Stat. §§ 293D.033, 720.060.
39. Definition for Campaign expenses
1. All expenses incurred by a candidate for a campaign, including, without limitation:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Expenses related to a legal defense fund;
(j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;
(k) Fees for filing declarations of candidacy or acceptances of candidacy; and
(l) Repayment or forgiveness of a loan.
2. Expenditures, as defined in NRS 294A.0075.
3. The disposal of any unspent contributions pursuant to NRS 294A.160.
See Nev. Rev. Stat. § 294A.0035.
40. Definition for Nonpartisan office
An elected office for which a political party may not nominate a candidate.
See Nev. Rev. Stat. § 293.0675.
42. Definition for Legal defense fund
An account established to defray attorney’s fees or other legal costs incurred by a candidate or public officer if such a candidate or public officer becomes subject to any civil, criminal or administrative claim or proceeding arising from a campaign, the electoral process or the performance of official duties.
See Nev. Rev. Stat. § 294A.0078.
43. Definition for Active registration
A current registration of a voter in the official register, entitling such voter to vote in the manner provided by this title.
See Nev. Rev. Stat. § 293.017.
44. Definition for Physical disability
Blindness or any other physical handicap making it impracticable to cast a ballot.
See Nev. Rev. Stat. § 293.070.
45. Definition for Advocates expressly
That a communication, taken as a whole, is susceptible to no other reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or group of candidates or a question or group of questions on the ballot at a primary election, general election or special election. A communication does not have to include the words “vote for,” “vote against,” “elect,” “support” or other similar language to be considered a communication that expressly advocates the passage or defeat of a candidate or a question.
See Nev. Rev. Stat. § 294A.0025.
46. Definition for Electronic signature
An electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
See Nev. Rev. Stat. §§ 293D.036, 719.100.
48. Definition for 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.
49. Definition for Major political party
Any organization which qualifies as such pursuant to NRS 293.128.
See Nev. Rev. Stat. § 293.0655.
50. Definition for Minor political party
Any organization which is organized as such pursuant to NRS 293.171.
See Nev. Rev. Stat. § 293.066.
52. Definition for Residency requirement
The requirement contained in NRS 293.485 that a person must continuously reside in this State, the county and the precinct for the purposes of qualifying to register to vote in this State.
See Nev. Rev. Stat. § 293D.070.
53. Definition for Central counting place
The location designated by the county or city clerk for the compilation of election returns.
See Nev. Rev. Stat. § 293.0335.
54. Definition for Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
55. Definition for Certificate of election
A certificate prepared by the county or city clerk or Governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of the person’s election to office.
See Nev. Rev. Stat. § 293.034.
56. Definition for Uniformed-service voter
An elector who is:
1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States who is on active duty;
2. A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States;
3. A member of the National Guard or state militia unit who is on activated status; or
4. A spouse or dependent of a person described in subsection 1, 2 or 3.
See Nev. Rev. Stat. § 293D.090.
57. Definition for Independent expenditure
An expenditure which is made by a person who is not under the direction or control of a candidate for office, of a group of such candidates or of any person involved in the campaign of a candidate or group and which is made for or against a candidate or group and is not solicited or approved by a candidate or group.
See Nev. Rev. Stat. § 294A.0077.
58. Definition for Mechanical voting system
A system of voting whereby a voter may cast a vote:
1. On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or
2. By marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.
See Nev. Rev. Stat. § 293.0659.
59. Definition for Local elections official
A city clerk, county clerk or registrar of voters, as applicable.
See Nev. Rev. Stat. § 293D.040.
60. Definition for Military-overseas ballot
1. A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303;
2. A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
3. Any other ballot cast by a covered voter in accordance with this chapter.
See Nev. Rev. Stat. § 293D.050.
61. Definition for Mechanical recording device
A device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on.
See Nev. Rev. Stat. § 293.0657.
62. Definition for Service of the United States
The Armed Forces of the United States and the auxiliaries thereof, the United States Coast Guard, the merchant marine service of the United States, civilian employment by the Federal Government beyond the boundaries of the State of Nevada, and religious groups and welfare agencies officially attached to and serving with the Armed Forces of the United States.
See Nev. Rev. Stat. § 293.105.
63. Definition for Committee for political action
1. “Committee for political action” means:
(a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
(1) Makes or intends to make contributions to candidates or other persons; or
(2) Makes or intends to make expenditures,
Ê designed to affect the outcome of any primary election, general election, special election or question on the ballot.
(b) Any business or social organization, corporation, partnership, association, trust, unincorporated organization or labor union:
(1) Which has as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or
(2) Which does not have as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes independent expenditures in excess of $5,000 in a calendar year.
2. “Committee for political action” does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
(c) An individual natural person.
(d) Except as otherwise provided in paragraph (b) of subsection 1, an individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) Except as otherwise provided in paragraph (b) of subsection 1, a labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(h) A major or minor political party or any committee sponsored by a major or minor political party.
See Nev. Rev. Stat. § 294A.0055.
64. Definition for City of population category one
“City of population category one” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter, whose population is 50,000 or more.
See Nev. Rev. Stat. § 293.038.
65. Definition for City of population category two
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter, whose population is more than 5,000 and less than 50,000.
See Nev. Rev. Stat. § 293.0382.
66. Definition for Approved electronic transmission
The sending of information by facsimile machine or by use of the Internet pursuant to the acceptable standards set forth by regulations of the Secretary of State adopted pursuant to NRS 293.247.
See Nev. Rev. Stat. § 293.019.
67. Definition for Nominee for presidential elector
68. 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.
69. Definition for Statewide voter registration list
The list of registered voters established and maintained pursuant to NRS 293.675.
See Nev. Rev. Stat. § 293.111.
70. Definition for Registrar of voters’ register
The record of registered voters kept by the county clerk.
See Nev. Rev. Stat. § 293.0925.
71. 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.
72. Definition for Oath
See Nev. Rev. Stat. § 293.068.
73. Definition for Loan
A transfer of money, property or anything of value in exchange for an obligation to repay the transfer of money in whole or in part.
See Nev. Rev. Stat. § 294A.008.
74. Definition for Committee sponsored by a political party
Any committee, group or organization that is officially affiliated with a political party and:
1. Makes or intends to make contributions to candidates or other persons; or
2. Makes or intends to make expenditures.
See Nev. Rev. Stat. § 294A.0065.
75. Definition for Committee for the recall of a public officer
An organization that:
1. Receives any contributions, makes any contributions to candidates or persons or makes any expenditures that are designed to affect the recall of a public officer; or
2. Files a notice of intent to circulate the petition for recall.
See Nev. Rev. Stat. § 294A.006.
76. 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.
77. 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.
79. 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.
80. Definition for Roster
The record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.
See Nev. Rev. Stat. § 293.095.
81. 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.
82. Definition for Canvass
A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
See Nev. Rev. Stat. § 293.032.
83. Definition for Contest
An adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
See Nev. Rev. Stat. § 293.042.
84. 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.
85. Definition for Precinct
The smallest voting area in a political subdivision.
See Nev. Rev. Stat. § 293.077.
86. Definition for Undervote
A ballot that has been cast by a voter but shows no legally valid selection for any candidate for a particular office or for a ballot question.
See Nev. Rev. Stat. § 293.119.
87. 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.
88. Definition for Alternate
A person selected pursuant to NRS 298.035 to be an alternate to a nominee for presidential elector.
See Nev. Rev. Stat. § 298.023.