N.R.S. 293C.395 – Prohibitions against withholding certificate of election or commission
Overview of Statute
This section prohibits withholding a certificate of election or commission from the person with the highest number of votes for a city office if it can be reasonably ascertained that the person is entitled to the certificate or commission.
Statute
A certificate of election or commission must not be withheld from the person having the highest number of votes for the city office because of any contest of election filed in the city election or any defect or informality in the returns of any city election, if it can be ascertained with reasonable certainty from the returns what city office is intended and who is entitled to the certificate or commission.
(Added to NRS by 1999, 267)
1. Definition for Certificate of election
A certificate prepared by the county or city clerk or Governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of the person’s election to office.
See Nev. Rev. Stat. § 293.034.
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 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.