N.R.S. 304.240 – Issuance by Governor of election proclamation precludes holding of primary election; nomination of candidates; placement of names of candidates on ballot; conduct of election; application of general election laws; exception
Overview of Statute
This section governs the nomination process for special elections to fill a vacancy for the office of Representative in Congress.
Statute
1. If the Governor issues an election proclamation calling for a special election pursuant to NRS 304.230, no primary election may be held.
2. Except as otherwise provided in this section, a candidate must be nominated in the manner provided in chapter 293 of NRS and must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204, which must be established to allow a sufficient amount of time for the mailing of election ballots.
3. A candidate of a major political party is nominated by filing a declaration of candidacy with the appropriate filing officer and paying the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204.
4. A minor political party that wishes to place its candidates on the ballot must file a list of its candidates with the Secretary of State not more than 46 days before the special election and not less than 32 days before the special election.
5. To have his or her name appear on the ballot, an independent candidate must file a petition of candidacy with the appropriate filing officer not more than 46 days before the special election and not less than 32 days before the special election.
6. Except as otherwise provided in NRS 304.200 to 304.250, inclusive:
(a) The election must be conducted pursuant to the provisions of chapter 293 of NRS.
(b) The general election laws of this State apply to the election.
(Added to NRS by 2003, 765; 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 Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
3. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
4. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
5. Definition for Independent candidate
A candidate who has been nominated for a partisan office but who is registered with no political party affiliation pursuant to the provisions of this title.
See Nev. Rev. Stat. § 293.063.
6. Definition for Major political party
Any organization which qualifies as such pursuant to NRS 293.128.
See Nev. Rev. Stat. § 293.0655.
7. Definition for Minor political party
Any organization which is organized as such pursuant to NRS 293.171.
See Nev. Rev. Stat. § 293.066.
8. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
9. 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.
10. 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.
11. 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.