N.R.S. 293.407 - Filing of written statement of contest with clerk of district court; verification
Overview of Statute
This section provides for the filing of written statements of election contests with the district court clerk.
1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator, justice of the Supreme Court or judge of the Court of Appeals, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the time prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that the contestant is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
1. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
2. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
3. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
4. 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.
6. Definition for Canvass
A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
See Nev. Rev. Stat. § 293.032.
7. 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.
8. Definition for Elector
A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.
See Nev. Rev. Stat. § 293.055.
9. Definition for Candidate
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.
Case Name: Crownover v. Millar
Citation: 45 Nev. 81, 197 Pac. 817
- No jurisdiction where elector who commenced election contest failed to allege specific matter required by statute.
- Statute remedies only immaterial defects in statement of contest.
Case Name: Beko v. Kelly
Citation: 78 Nev. 489, 376 P.2d 429
- Election contest not available to successful candidate.
Case Name: Laxalt v. Cannon
Citation: 80 Nev. 588, 397 P.2d 466
- The contest of election to office of a U.S. Senator can be decided only by the U.S. Senate, by virtue of U.S. Art. 1, section 5.
Case Name: Heller v. Legislature of Nevada
Citation: 120 Nev. 456, 93 P.3d 746
- Secretary of State lacked standing to bring mandamus action to oust or exclude state executive branch employees from the Nevada Legislature.
- Election contest involving a general election for a seat in the Nevada Legislature may not be brought in a state court.
Case Name: Child v. Lomax
Citation: 124 Nev. 600, 188 P.3d 1103
- A newly elected State Legislator begins serving in office on the day after the general election, and his or her predecessor is no longer a member of the Legislature after that date.
- A newly elected State Legislator's term of office is not linked to the canvass of the votes, and he or she becomes a member of the Legislature on the day after the general election even if a special session is called on that day.
- A writ of mandamus was an available remedy in a pre-election challenge to the qualifications of a state legislative candidate under the term-limits amendment to the Nevada Constitution.
- The authority to judge the qualifications, elections and returns of newly elected State Legislators is vested in reach House of the Legislature and is not dependent upon the canvass of the votes.
- The term-limits amendment to the Nevada Constitution did not bar a state legislative candidate from being re-elected where a prior term of office commenced before the amendment's effective date.
Regulations & Guidance
Attorney General's Opinions
AGO 433 (1958) Where a person files for the office of director of the Las Vegas Valley Water District (sec. 5.5, ch. 401, Stats. 1957) 2 days late and is subsequently elected, such election is not subject to collateral attack. The remedy is by an election contest or by quo warranto.