N.R.S. 293.425 - Contest of general election for office of State Legislator: Statement of contest and other documents and materials to be filed with Secretary of State; ability of contestant to amend statement of contest; list of witnesses; depositions, investigation and presentation of evidence
Overview of Statute
This section provides for the court filings and general requirements of a contest of a general election for the office of State Legislator.
Statute
1. If the contest is of the general election for the office of Assemblyman, Assemblywoman or Senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for the filing of statements of contests with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant.
2. On or before December 15 of the year immediately preceding a regular legislative session:
(a) The contestant in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and
(b) Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.
3. Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and
(2) Investigate issues relating to the contest; and
(b) At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.
(Added to NRS by 1960, 265; A 1967, 850; 1971, 450; 1977, 246; 1981, 1742; 1995, 1660; 2003, 1699)
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
2. 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.
3. 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.
4. 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.
5. 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.
Cases
Nevada Cases
Case Name: Child v. Lomax
Citation: 124 Nev. 600, 188 P.3d 1103
Year: 2008
Case URL: https://www.ravellaw.com/opinions/4202214313431073cdc43d521d933ec5?query=Child%2[...]
Case Summary:
- A newly elected State Legislator begins serving in office on the day after the general election, and his or her predecessor is no longer a member of the Legislature after that date.
- A newly elected State Legislator's term of office is not linked to the canvass of the votes, and he or she becomes a member of the Legislature on the day after the general election even if a special session is called on that day.
- A writ of mandamus was an available remedy in a pre-election challenge to the qualifications of a state legislative candidate under the term-limits amendment to the Nevada Constitution.
- The authority to judge the qualifications, elections and returns of newly elected State Legislators is vested in reach House of the Legislature and is not dependent upon the canvass of the votes.
- The term-limits amendment to the Nevada Constitution did not bar a state legislative candidate from being re-elected where a prior term of office commenced before the amendment's effective date.
Case Name: Heller v. Legislature of Nevada
Citation: 120 Nev. 456, 93 P.3d 746
Year: 2004
Case URL: https://www.ravellaw.com/opinions/294dc0a19d7d75c80b9777177db9ef97?query=Heller%[...]
Case Summary:
- Secretary of State lacked standing to bring mandamus action to oust or exclude state executive branch employees from the Nevada Legislature.
- Election contest involving a general election for a seat in the Nevada Legislature may not be brought in a state court.
Case Name: Garrard v. Gallagher
Citation: 11 Nev. 382
Year: 1876
Case URL: https://www.ravellaw.com/opinions/1b77a69f0b4e7b4b98597efa630ed64b?query=Garrard[...]
Case Summary:
- Courts have no jurisdiction over contest of election of state senator; only legislature may award costs of defending contest.
- Courts have no jurisdiction over contest of election of legislator; statute provides only means of contest.