N.R.S. 293C.200 – Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy
Overview of Statute
This section requires persons declaring or accepting candidacy to actually reside in the city or area to which the office they are running for pertains, and provides criminal consequences for knowingly and willfully making a false statement about one’s candidacy qualifications.
Statute
1. In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy for the office that the person seeks, the person has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or which he or she will represent.
2. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.
(Added to NRS by 1997, 3423; A 1999, 2164; 2001, 678; 2019, c.546.)
1. 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.
2. 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.
3. 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: Chachas v. Miller
Citation: 120 Nev. 51, 83 P.3d 827
Year: 2004
Case URL: https://www.ravellaw.com/opinions/0a9281bda2425c51b41479dbf6dd656e?query=Chachas[...]
Case Summary:
- A candidate's absence from a physical residence, regardless of his intent to return, must be considered in determining actual residence.