N.R.S. 294A.340 - Creating implication that candidate is incumbent
Overview of Statute
This section prohibits creating a false implication that a candidate is an incumbent.
Statute
A person shall not use the name of a candidate in a way that implies that the candidate is the incumbent in office in any material, statement or publication supporting the election of a candidate unless:
1. The candidate is qualified to use the term “reelect” pursuant to NRS 294A.330; or
2. The candidate:
(a) Was appointed to the identical office with the same district number, if any, after the most recent election to fill that office; and
(b) Is serving and has served continuously in that office since the date of appointment.
(Added to NRS by 1989, 961) — (Substituted in revision for NRS 294A.058)
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.
Regulations & Guidance
Attorney General's Opinions
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AGO 98-19 (1998) A candidate who holds office as a judge in a court of record and who is seeking election to another judicial office may use the title “Judge” in conjunction with his name in campaign materials. However, unless the judge is seeking election to the identical office with the same district number in which he is currently serving, the judge may not use the word “reelect” in campaign material (see NRS 294A.330) or otherwise imply incumbency (see NRS 294A.340). If a judge becomes a candidate for a nonjudicial office, the judge is required to resign from judicial office under former C.J.C. Canon 5A(2) (cf. R.C.J.C. Rule 4.5) and Nev. Art. 6 § 11. Such a candidate would no longer be a judge and, therefore may not use the title “Judge” in conjunction with his name in campaign materials. (See also NRS 294A.290 et seq.) The use by an incumbent candidate of the words “elect” of “for” in campaign materials removes the implication of incumbency. Two examples are “Elect John Doe, District Judge” and “Jane Doe for Governor.” (See NRS 294A.340.)