Code Section
Nevada > Statutes > Major Political Parties

N.R.S. 293.165 - Procedure for filling vacancy in major or minor political party nomination or nonpartisan nomination

Overview of Statute

This section outlines the general process for filling a a vacancy in a major or minor party nomination.

Statute

1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

2.  A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee required by NRS 293.193, after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth Friday in July.

3.  If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:

(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.

(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

4.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:

      (a) A nominee dies or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

5.  Each designation of a candidate All designations provided for in this section must be filed with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 before 5 p.m. on the date the designation is filed.

(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432; 2009, 1259; 2011, 3275; 2013, 1178, 2370; 2015, 3572; Laws 2019, c. 546, § 12, eff. July 1, 2019.)

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 [Central committee]

The county or the state authority of a major political party.

See Nev. Rev. Stat. § 293.033.

Definition [Nonpartisan office]

An elected office for which a political party may not nominate a candidate.

See Nev. Rev. Stat. § 293.0675.

Definition [Major political party]

Any organization which qualifies as such pursuant to NRS 293.128.

See Nev. Rev. Stat. § 293.0655.

Definition [Minor political party]

Any organization which is organized as such pursuant to NRS 293.171.

See Nev. Rev. Stat. § 293.066.

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: Brown v. Georgetta

Citation: 70 Nev. 500, 275 P.2d 376

Year: 1954

Case URL: https://www.ravellaw.com/opinions/524fea466e36ae341dce309f51e847bd?query=Brown%2[...]

Case Summary:

  • Statute applicable when U.S. Senator dies after primary election and before general election.
  • No effect on  election when U.S. Senator died before general election and after absent voter ballots mailed.
  • Temporary appointment continues to the ensuing biennial election rather than the election at the expiration of the term.

Case Name: State ex rel. Penrose v. Greathouse

Citation: 48 Nev. 419, 233 Pac. 527

Year: 1925

Case URL: https://www.ravellaw.com/opinions/9328ef05f105710bb1f893834e4a45c1?query=State%2[...]

Case Summary:

  • Electors of judicial district could nominate by petition successor to judge for unexpired term when judge died after primary election and before general election.
  • Word "vacancies" defined.
  • Statute neither repealed nor limited other provisions concerning conduct of election to fill vacancy in nonpartisan office occurring shortly before general election.

Out-of-State Cases

Federal Cases

Regulations & Guidance

Attorney General's Opinions

  • 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 and 293C.190), if no candidate was nominated at the primary.

  • AGO 229 (1918) Provisions of sec. 25, ch. 155, Stats. 1917, the primary election law (cf. NRS 293.175 et seq.), regarding filling a vacancy in nominations, apply only to a vacancy occurring by the death or insanity of a nominee, since sec. 5, ch. 155 Stats. 1917 (cf. NRS 293.177), prohibits voluntary withdrawal by nominated candidates.

  • AGO 174 (1920) A vacancy that is permitted to be filled must be one that occurs after a nomination has been made. The mere facts that no one has filed to become a candidate for a given office and that there is, therefore, no candidate for such an office do not create a vacancy.

  • AGO 158 (1944) Where a candidate for an office dies, the county central committee of his party has the power to fill the nomination by the appointment of a member of the same party, who then becomes a candidate at the general election.

  • AGO 344 (1946) A person seeking election to fill a vacancy in the office of justice of the supreme court should follow the procedure set forth in NCL section 2429 (cf. NRS 293.165 and 293C.190).

  • AGO 372 (1946) Petitions to fill vacancies in nonpartisan nominations must be accepted if offered for filing pursuant to NCL section 2429 (cf. former provisions of NRS 293.165 and 293C.190), despite the provisions of NCL section 2470 (cf. former provisions of NRS 293.190) requiring certification of nominees "immediately following the primary election." Under such circumstances, certification should be made "as soon as may be."

  • AGO 373 (1946) Where the names of two party candidates are omitted from a primary ballot because they are the only candidates for office and one such candidate dies after the primary but before the general election, a vacancy in the nomination exists and should be filled in the manner provided in NCL section 2429 (cf. NRS 293.165).

  • AGO 376 (1946) The office of hospital trustee being a nonpartisan office, vacancies in nominations for such office should be filed in the manner provided in NCL section 2429 (cf. NRS 293.165).

  • AGO 657 (1948) Where a county officer resigns after a primary election, county cmmissioners should make an appointment to fill the vacancy until the November election and the county central committees should pick candidates to go on the ballot.

  • 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, a 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 vacancy.

  • AGO 350 (1954) The term "vacancies" in NCL section 2429 (cf. NRS 293.165) is not limited to vacancies on a nomination list, but also includes a vacancy occurring in an office after a primary election, but before the general election.

  • AGO 60-179 (1960) Where a vacancy is created in the office of district attorney before a biennial general election but after the last day of filing a declaration of candidacy pursuant to NRS 294.120 (cf. NRS 293.177), the office must be placed upon the ballot for the next biennial general election and the party nominees must be provided in the manner prescribed by NRS 294.300 (cf. NRS 293.165), relating to vacancies in a party nomination after a primary election.

  • AGO 179 (1964) Where a vacancy occurs on a board of county hospital trustees and the nominee's name cannot be placed on the ballot for the general election in November under NRS 293.165, a necessity exists for an appointent to be made to fill such vacancy by the board of county commissioners, as provided by NRS 450.110, in the same manner as the original appointment is made under NRS 450.070. Such appointee holds office until the next general election.

  • AGO 179 (1964) Where a vacancy occurs in a public office after a primary election and before the general election, provision is made by NRS 293.165 for placing the name of the nominee for such vacant office on the general election ballot, but the procedure required under this section must be followed before 5 p.m. of the 1st Wednesday of October.

  • AGO 360 (1966) Where two candidates of the same political party are the only candidates for the same county office and one of such candidates dies after the primary election but before the general election, another candidate cannot be nominated pursuant to NRS 293.165 by that political party to oppose the remaining candidate because NRS 293.165 only applies where candidates are of opposing political parties.

  • AGO 685 (1970) When both candidates nominated for an office at a primary election were members of the same political party, the death of one candidate before the general election created a vacancy in the party nomination to be filled by a candidate to be designated by the entral committee of that party pursuant to NRS 293.165. The death did not create a vacancy in the nomination for the other political parties because they did not nominate any candidates for the primary election.

  • AGO 84-4 (1984) Where a county officer resigns after the last day for filing a declaration of candidacy under NRS 293.177, that office must be placed on the ballot for the next biennial general election because NRS 245.170 limits the duration of an appointment to fill a vacancy, and a candidate for that office must be designated pursuant to NRS 293.165, relating to a vacancy in a party nomination after a primary election.

  • AGO 84-16 (1984) Where a county commissioner resigns after the 3rd Tuesday in September of the year in which a general election is held, the resulting vacancy may not be filled at the ensuing general election by filling a vacancy in a party nomination pursuant to NRS 293.165, but must be filled pursuant to the procedures for appointment contained in NRS 244.040, and the appointment extends through the balance of the unexpired term.

  • AGO 96-16 (1996) Where a vacancy is created in the office of county assessor before the next biennial election but after the last day for filing a declaration of candidacy pursuant to NRS 293.177, a nominee of a major political party must be chosen in the manner prescribed by NRS 293.165.