N.R.S. 293.260 - Declaration of nominees: Omission and appearance of names on primary ballot; omission and appearance of names on general ballot
Overview of Statute
This section provides for the circumstances when omission affects appearance of names on the primary and general ballots.
Statute
1. If there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot at the primary election.
2. If a major political party has two or more candidates for a particular office, the person who receives the highest number of votes at the primary election must be declared the nominee of that major political party for the office.
3. If not more than the number of candidates to be elected have filed for nomination for:
(a) Any partisan office or the office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for the general election.
(b) Any nonpartisan office, other than the office of judge of a district court, judge of the Court of Appeals, justice of the Supreme Court or member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his or her name must be placed on the ballot for the general election.
(c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.
4. If there are not more than twice the number of candidates to be elected to a nonpartisan office, the candidates must, without a primary election, be declared the nominees for the office, and the names of the candidates must be omitted from all ballots for a primary election and placed on all ballots for the general election.
5. If there are more than twice the number of candidates to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in NRS 293.400, those candidates who receive the highest number of votes at the primary election, not to exceed twice the number to be elected, must be declared nominees for the office and the names of those candidates must be placed on the ballot for the general election, except that if one of those candidates receives a majority of the votes cast in the primary election for:
(a) The office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the candidate must be declared the only nominee for the office and only his or her name must be placed on the ballot for the general election.
(b) Any other nonpartisan office, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election.
(Added to NRS by 1960, 251; A 1963, 1388; 1979, 264; 1987, 339; 1989, 227; 1997, 94, 757, 770, 3453; 2003, 869; 2007, 2586; 2013, 1777; 2015, 1479, 3576; 2019, c.546.)
1. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
2. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
4. Definition for Nonpartisan office
An elected office for which a political party may not nominate a candidate.
See Nev. Rev. Stat. § 293.0675.
5. Definition for Major political party
Any organization which qualifies as such pursuant to NRS 293.128.
See Nev. Rev. Stat. § 293.0655.
6. Definition for Board
As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
See Nev. Rev. Stat. § 295.075.
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 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.
10. Definition for 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: State ex rel. Thatcher v. Brodigan
Citation: 37 Nev. 458, 142 Pac. 520
Year: 1914
Case URL: https://www.ravellaw.com/opinions/f909924c3ba06722a1abe9dbac80d21d?query=State%2[...]
Case Summary:
- Candidate who filed for nomination and had no opposition could not withdraw.
- Declaration of party membership is prerequisite to nomination; purpose of law.
- Person filing as candidate for nomination of one party could not thereafter file as candidate for nomination of another party.
- Second of two candidates filing for party nomination could not withdraw after withdrawal of first.
Case Name: State ex rel. Maxson v. Brodigan
Citation: 37 Nev. 488, 143 Pac. 306
Year: 1914
Case URL: https://www.ravellaw.com/opinions/2f401154d2e1b0e843b5d78bd6f3a322?query=State%2[...]
Case Summary:
- Candidate who becomes nominee of party by operation of law is not candidate for nomination at primary election and need not comply with statute requiring filing of statement of expenses.
Case Name: State ex rel. Cline v. Payne
Citation: 59 Nev. 127, 86 P.2d 32
Year: 1939
Case PDF: State ex rel. Cline v. Payne (1939)
Case Summary:
- Only four candidates from each party could be placed on ballot for general election concerning one office with four positions; statute inapplicable except where only one party has candidate.
- Ascertaining meaning of words "office" and "offices" in statute.
- Meaning of expression "office" or "offices."
Case Name: State ex rel. Springer v. Koontz
Citation: 87 Nev. 111, 482 P.2d 301
Year: 1971
Case URL: https://www.ravellaw.com/opinions/d0bb990423af0a7a1639e288cee177ad?query=482%20P[...]
Case Summary:
- Central committee could designate successor to candidate who died before general election where both candidates at primary election were members of same party; purpose of statute.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 385 (1930) Where six assemblymen are to be elected from a district, NRS 294.275 (cf. NRS 293.260) requires that the names of 12 candidates be placed on the general election ballot. Thus, where the Democratic Party had but two nominees and 15 Republicans sought the office, the names of the two Democrats and the 10 Republicans receiving the highest number of votes at the primary were required to be placed on the general election ballot.
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AGO 148 (1934) When two candidates of the same party file for partisan nomination to an office to which only one person can be elected and no one files for nomination by any other party, but an independent candidate has filed for such office, the two persons seeking party nomination must run inthe primary, the winner only opposing the independent candidate in the general election.
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AGO 156 (1944) If only one party has candidates for an office or offices and there is no independent candidate and the number of candidates filed do not exceed in number twice the number to be elected to that office, there is no party contest and hence there is nothing to be determined at the primary and the names of all candidates would appear on the general election ballot only.
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AGO 334 & 335 (1946) Where only two candidates have filed for partisan nomination for an office on only one party ticket, and no candidates have filed for partisan nomination on any other party ticket, for the same office, to which only one person can be elected, but an independent candidate has filed for such office, the two party candidates must run in the primary and the winner will oppose the independent candidate in the general election.
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AGO 673 (1948) Candidates of one party are not entitled to have their names placed on the general election ballot to fill vacancies on the ticket of the other party. Thus, where four assemblymen are to be elected from a district and seven Democrats and but three Republicans are candidates, 1931 NCL section 2425 (cf. NRS 293.260), requires that the names of all three Republicans and the names of the four Democrats receiving the highest number of votes at the primary be placed on the general election ballot.
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AGO 188 (1956) Where two assemblymen are to be elected from a county, and six Democrats and one Republican file for the primary election, only two Democrats nominees should be placed on the general election ballot.