N.R.S. 293C.190 – Procedure for filling vacancy in nomination
Overview of Statute
This section provides for the manner in which nomination vacancies may be filled, and how far in advance any changes to a ballot for a general city election must be made.
Statute
Effective until July 1, 2021
1. Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in March of the year in which the general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later than the third Tuesday after the third Monday in March of the year in which the general city election is held. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.
2. Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after 5 p.m. of the first Tuesday after the first Monday in March and on or before 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1 on the ballot and except as otherwise provided in NRS 293C.115, no change may be made on the ballot for the general city election after 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held. If a nominee dies after that time and date, the nominee’s name must remain on the ballot for the general city election and, if elected, a vacancy exists.
4. Except as otherwise provided in NRS 293C.115, a candidate nominated pursuant to subsection 1 must file a declaration of candidacy with the appropriate filing officer and pay the filing fee established by the governing body of the city on or before 5 p.m. on the date on which the nominating petition is filed pursuant to subsection 1 or on the third Tuesday after the third Monday in March of the year in which the general city election is held, whichever occurs first.
Effective July 1, 2021
1. A vacancy occurring in a nomination for a city office before 5 p.m. of the fourth Friday in July of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election if a primary city election was held for that city office. If no primary city election was held for that city office or if there was not more than one person who was seeking the nomination in the primary city election, a person may become a candidate for the city office at the general city election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee established by the governing body of the city before 5 p.m. on the fourth Friday in July.
2. No change may be made on the ballot for the general city election after 5 p.m. on the fourth Friday in July of the year in which the general city 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 city election and, if elected, a vacancy exists.
(Added to NRS by 1997, 3423; A 1999, 3555; 2003, 677, 1709; 2019, c.546.)
1. Definition for 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.
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 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 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.
6. 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. 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
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AGO 224 (1918) Although a candidate for nonpartisan office may not be nominated by petition pursuant to sec. 31, ch. 155, Stats. 1917, primary election law (cf. NRS 293.200), such petition, if otherwise proper, may be deemed a petition to fill a vacancy in a nomination pursuant to sec. 25, ch. 155, Stats. 1917, primary election law (cf. former provisions of NRS 293.165 and 293C.190), if no candidate was nominated at the primary.
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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 office do not create a vacancy. (See NRS 293C.190.)
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AGO 344 (1946) A person seeking election to fill a vacancy in the office of a justice of the supreme court should follow the procedure set forth in NCL section 2429 (cf. NRS 293.165 and 293C.190).
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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 the certification of nominees "immediately following the primary election." Under such circumstances, certification should be made "as soon as may be."