N.R.S. 304.010 – Nomination and election
Overview of Statute
This section provides for the nomination and election of candidates for United States Senator in the same manner as state officers.
Statute
At the primary and general election next preceding the expiration of the time for which any United States Senator was elected or appointed to represent the State of Nevada in the United States Senate, candidates for United States Senator may be nominated and elected in the same manner as provided by law for the nomination and election of state officers.
(Added to NRS by 1960, 281)
1. Definition for State officer
State officer means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller;
6. The Attorney General;
7. A justice of the Supreme Court;
8. A judge of the Court of Appeals;
9. A State Senator;
10. A State Assemblyman or Assemblywoman;
11. A regent of the University of Nevada;
12. A member of the State Board of Education; or
13. A district judge.
2. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. 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.
4. 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 2002-17 (2002) Pursuant to Schaefer v. Townsend, 215 F.3d 1031 (9th Cir. 2000), a state may not require a candidate for election to the U.S. House of Representatives to establish state residency as a prerequisite to his election. Pursuant to U.S. Term Limits, Inc. v. Thornton, 115 S.Ct. 1842 (1995), a state does not possess the authority to add to the Qualifications Clause (U.S. Art. I, § 2, cl. 2, and U.S. Art. I, § 3, cl. 3) of the U.S. Constitution. Thus, to the extent that the constitution (see Nev. Art. 2, § 1, and Nev. Art. 15, § 3) and statutes (see NRS 293.1755) of this state impose a residency requirement before a person may be a candidate for election to the U.S. Senate or U.S. House of Representatives, those provisions are unconstitutional.