N.R.S. 293C.175 – Date of primary city election; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; placement of names of candidates on ballot for general city election; exceptions
Overview of Statute
This section requires primary elections for population category one and two (when so provided by ordinance) cities. It provides for the date of primary elections, process for filing as a candidate, and percentage of votes required to advance to a general election.
Statute
Effective until July 1, 2021
1. Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk:
(a) If the city has provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS and the candidate is filing for:
(1) The office of judge of a municipal court, not earlier than the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.
(2) Any other office, not earlier than the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.
(b) If the city has not provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS, not earlier than the 70th day before the applicable election is to be held and not later than 5 p.m. on the 60th day before the applicable election is to be held.
3. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
4. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
5. If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Effective July 1, 2021
1. A primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk not earlier than:
(a) For the office of judge of a municipal court, the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.
(b) For any other office, the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.
3. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
4. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
5. If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
(Added to NRS by 1997, 3420; A 1997, 2794; 1999, 268, 3555; 2001, 634; 2003, 675; 2009, 518; 2015, 1481; 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 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.
3. 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.
4. 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.
5. Definition for City of population category two
A city:
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.
6. 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.
7. 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.
8. 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.
9. 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.
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.