N.R.S. 293C.115 – Governing body of general law city authorized to choose dates for primary and general elections; dates to be in accordance with this chapter or chapter 293 of NRS; effect upon terms of serving city officials
Overview of Statute
This section allows a city’s governing body to provide for a primary and general city election and sets forth requirements for the dates of such elections. This section also prohibits infringing upon the term of office for existing elected officials via city ordinance.
Statute
Effective until July 1, 2021
1. The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:
(a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or
(b) The dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.
2. If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.
3. If a governing body of a city adopts an ordinance pursuant to subsection 1:
(a) The term of office of any elected city official may not be shortened as a result of the ordinance; and
(b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.
Effective July 1, 2021
The governing body of a city incorporated pursuant to general law shall by ordinance provide for a primary city election and a general city election on the dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.
(Added to NRS by 2003, 674; A 2013, 1180, 2378; 2019, c.558.)
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
2. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
3. Definition for General city election
An election held pursuant to NRS 293C.115, 293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.
See Nev. Rev. Stat. § 293.059.
4. Definition for Primary city election
An election held pursuant to NRS 293C.115 or 293C.175. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
See Nev. Rev. Stat. § 293.079.
Regulations & Guidance
Attorney General's Opinions
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AGO 02 (2005) Pursuant to NRS 293C.115(1)(a), the City of Fernley passed an ordinance to set the city's general elections in accordance with the schedule for such elections provided in NRS ch. 293. The practical effect of passing the ordinance was to extend the incumbency of Fernley elected officials from June 2005 to November 2006. The Fernley City Attorney subsequently asked the Attorney General whether the provisions of NRS 293C.115 violated Nev. Art. 15, s 11, which states in relevant part that "the legislature shall not create any office the tenure of which shall be longer than four (4) years." According to the Attorney General, NRS 293C.115 does not create an office longer than 4 years, nor does it directly extend the term of office of incumbent city officers. Rather, NRS 293C.115 merely recognizes the permissible 4-year terms of city offices, but allows the incumbents to hold over until the next general election. Thus, NRS 293C.115 does not violate the portion of Nev. Art. 15, 11 that prohibits the creation of an office with a term of more than 4 years.