USA Statutes : nevada
Title : Title 24 - ELECTIONS
Chapter : CHAPTER 306 - RECALL OF PUBLIC OFFICERS
1. The Secretary of State shall prepare an informational pamphlet
describing the requirements for filing and circulating a petition to
recall a public officer pursuant to this chapter. The pamphlet must
include:
(a) A copy of Section 9 of Article 2 of the Constitution of the
State of Nevada;
(b) A copy of chapter 306 of NRS and
any regulations adopted pursuant to that chapter;
(c) A copy of all other relevant provisions of NRS;
(d) A sample petition to demonstrate an acceptable format for such
a petition; and
(e) Such other information as the Secretary of State deems
necessary.
2. A copy of the pamphlet must be distributed to any person who
requests such information upon payment of any applicable fee. The
Secretary of State may charge a fee for the pamphlet which must not
exceed the cost of preparing and printing the pamphlet.
(Added to NRS by 1993, 2406)
The Secretary of State shall adopt such
regulations as are necessary to carry out the provisions of this chapter.
(Added to NRS by 1993, 2407)
1. Before a petition to recall a public officer is circulated, the
persons proposing to circulate the petition must file a notice of intent
with the filing officer.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in
this State or in the county, district or municipality electing the
officer at the last preceding general election.
(b) Must be signed before a person authorized by law to administer
oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the date on which the call for a special
election is issued, as set forth in NRS 306.040 .
3. The petition may consist of more than one document. The persons
filing the notice of intent shall submit the petition that was circulated
for signatures to the filing officer within 90 days after the date on
which the notice of intent was filed. The filing officer shall
immediately submit the petition to the county clerk for verification
pursuant to NRS 306.035 . Any person who
fails to submit the petition to the filing officer as required by this
subsection is guilty of a misdemeanor. Copies of the petition are not
valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the
signatures on the petition, file the petition with the filing officer.
5. Any person who signs a petition to recall any public officer
may request that the county clerk remove his name from the petition by
submitting a request in writing to the county clerk at any time before
the petition is submitted for the verification of the signatures thereon
pursuant to NRS 306.035 .
6. A person who signs a notice of intent pursuant to subsection 1
or a petition to recall a public officer is immune from civil liability
for conduct related to the exercise of his right to participate in the
recall of a public officer.
7. As used in this section, “filing officer” means the officer
with whom the public officer to be recalled filed his declaration of
candidacy or acceptance of candidacy pursuant to NRS 293.185 , 293C.145
or 293C.175 .
(Added to NRS by 1975, 1166; A 1985, 1219; 1991, 2214, 2226; 1993,
614, 2407; 1995, 2793; 1997, 766, 3473; 1999, 3562 ; 2001, 649 , 1347 , 2969 ; 2003, 200 , 210 )
If a
notice of intent to circulate a petition to recall any public officer who
is a legal adviser for the State or for a county, district or
municipality is filed, the officer with whom the notice is filed may
employ independent legal counsel to provide advice concerning the recall,
at the expense of the State or the county, district or municipality
electing that public officer.
(Added to NRS by 1985, 1114)
1. Every public officer in the State of Nevada is subject to
recall from office by the registered voters of the State or of the
county, district or municipality from which he was elected, as provided
in Section 9 of Article 2 of the Constitution of the State of Nevada and
this chapter. A public officer who is appointed to an elective office is
subject to recall in the same manner as provided for an officer who is
elected to that office.
2. The petition must, in addition to setting forth the reason why
the recall is demanded:
(a) Contain the residence addresses of the signers and the date
that the petition was signed;
(b) Contain a statement of the minimum number of signatures
necessary to the validity of the petition;
(c) Contain at the top of each page and immediately above the
signature line, in at least 10-point bold type, the words “Recall
Petition”;
(d) Include the date that a notice of intent was filed; and
(e) Have the designation: “Signatures of registered voters seeking
the recall of ................ (name of public officer for whom recall is
sought)” on each page if the petition contains more than one page.
(Added to NRS by 1960, 282; A 1963, 1385; 1969, 197; 1971, 159;
1975, 1166; 1981, 22; 1987, 698; 1989, 1062)
1. A person shall not misrepresent the intent or content of a
petition for the recall of a public officer which is circulated pursuant
to the provisions of this chapter.
2. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
(Added to NRS by 1989, 1062)
1. The petition may consist of any number of copies which are
identical in form with the original, except for the name of the county
and the signatures and addresses of the residences of the signers. The
pages of the petition with the signatures and of any copy must be
consecutively numbered. Each page must bear the name of a county, and
only registered voters of that county may sign the page.
2. Every copy must be verified by the circulator thereof, who
shall swear or affirm, before a person authorized by law to administer
oaths, that the statements and signatures contained in the petition are
true to the best of his knowledge and belief. The verification must also
contain a statement of the number of signatures being verified by the
circulator.
(Added to NRS by 1960, 282; A 1963, 1386; 1975, 1167; 1985, 1219;
1987, 1375; 1993, 2408; 2003, 1713 )
1. Before a petition to recall a state officer who is elected
statewide is filed with the Secretary of State pursuant to subsection 4
of NRS 306.015 , each county clerk must
verify, pursuant to NRS 293.1276 to
293.1279 , inclusive, the document or
documents which were circulated for signature within his county.
2. Before a petition to recall a State Senator, Assemblyman, or a
county, district or municipal officer is filed pursuant to subsection 4
of NRS 306.015 , the county clerk must
verify, pursuant to NRS 293.1276 to
293.1279 , inclusive, the document or
documents which were circulated for signatures within his county.
3. If more than one document was circulated, all the documents
must be submitted to the clerk at the same time.
(Added to NRS by 1985, 1114; A 1987, 1376; 1999, 3563 )
1. Upon determining that the number of signatures on a petition to
recall is sufficient pursuant to NRS 293.1276 to 293.1279 , inclusive, the Secretary of State shall
notify the county clerk, the officer with whom the petition is to be
filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of
the petition.
2. After the verification of signatures is complete, but not later
than the date a complaint is filed pursuant to subsection 5 or the date
the call for a special election is issued, whichever is earlier, a person
who signs a petition to recall may request the Secretary of State to
strike his name from the petition. If the person demonstrates good cause
therefor and the number of such requests received by the Secretary of
State could affect the sufficiency of the petition, the Secretary of
State shall strike the name of the person from the petition.
3. Not sooner than 10 days nor more than 20 days after the
Secretary of State completes the notification required by subsection 1,
if a complaint is not filed pursuant to subsection 5, the officer with
whom the petition is filed shall issue a call for a special election in
the jurisdiction in which the public officer who is the subject of the
petition was elected to determine whether the people will recall him.
4. The call for a special election pursuant to subsection 3 or 6
must include, without limitation:
(a) The last day on which a person may register to vote to qualify
to vote in the special election; and
(b) The last day on which a petition to nominate other candidates
for the office may be filed.
5. The legal sufficiency of the petition may be challenged by
filing a complaint in district court not later than 5 days, Saturdays,
Sundays and holidays excluded, after the Secretary of State completes the
notification required by subsection 1. All affidavits and documents in
support of the challenge must be filed with the complaint. The court
shall set the matter for hearing not later than 30 days after the
complaint is filed and shall give priority to such a complaint over all
other matters pending with the court, except for criminal proceedings.
6. Upon the conclusion of the hearing, if the court determines
that the petition is sufficient, it shall order the officer with whom the
petition is filed to issue a call for a special election in the
jurisdiction in which the public officer who is the subject of the
petition was elected to determine whether the people will recall him. If
the court determines that the petition is not sufficient, it shall order
the officer with whom the petition is filed to cease any further
proceedings regarding the petition.
(Added to NRS by 1960, 282; A 1963, 1386; 1981, 23; 1985, 1115;
1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767; 1999, 3563 ; 2001, 650 )
If a public officer
who is subject to a recall petition resigns his office:
1. Before the call for a special election is issued:
(a) The official with whom the petition to recall is filed shall
cease any further proceedings regarding the petition;
(b) A vacancy occurs in that office; and
(c) The vacancy thereby created must be filled in the manner
provided by law.
2. After the call for a special election is issued, the special
election must be conducted.
(Added to NRS by 1999, 2169 )
1. If the officer against whom the petition is filed furnishes no
justification of his course in office, none need appear on the ballot at
the election upon his recall.
2. Where a mechanical voting system is used, the reason for
demanding the recall of the officer and the officer’s justification need
not be printed on the ballot, but must be printed on sample ballots,
which must be presented to registered voters upon their application to
vote.
(Added to NRS by 1960, 282; A 1977, 248; 1981, 23; 1985, 1115;
1997, 767)
1. If there are no other candidates nominated to be voted for at
the special election, there must be printed on the ballot the name of the
officer sought to be recalled, the office which he holds, and the words
“For Recall” and “Against Recall.”
2. If there are other candidates nominated for the office to be
voted for at the special election, there must be printed upon the ballot
the name of the officer sought to be recalled, and the office which he
holds, and the name or names of such other candidates as may be nominated
to be voted for at the special election, and the words “For Recall” and
“Against Recall” must be omitted.
3. In other respects the ballot must conform with the requirements
of this title.
(Added to NRS by 1960, 283; A 1977, 248; 1985, 1115)
If any officer is recalled upon a special
election and other candidates are not nominated to be voted for at the
special election, the vacancy thereby created must be filled in the
manner provided by law.
(Added to NRS by 1960, 283; A 1981, 23)
1. A petition to nominate other candidates for the office must be
signed by registered voters of the State, or of the county, district or
municipality holding the election, equal in number to 25 percent of the
number of registered voters who voted in the State, or in the county,
district or municipality holding the election at the general election at
which the public officer was elected. Each petition may consist of more
than one document. Each document must bear the name of one county and
must not be signed by a person who is not a registered voter of that
county.
2. The nominating petition must be filed, at least 20 days before
the date of the special election, with the officer with whom the recall
petition is filed. Each document of the petition must be submitted for
verification pursuant to NRS 293.1276
to 293.1279 , inclusive, to the county
clerk of the county named on the document.
3. Each candidate who is nominated for office must file an
acceptance of candidacy with the appropriate filing officer and pay the
fee required by NRS 293.193 or by the
governing body of a city at least 20 days before the date of the special
election.
(Added to NRS by 1960, 283; A 1971, 160; 1981, 24; 1991, 2227;
1993, 2409; 1997, 3473; 1999, 2169 )
Any special election
must be conducted pursuant to the provisions of:
1. Chapter 293 of NRS for primary and
general elections.
2. Chapter 293C of NRS for primary
city elections and general city elections.
(Added to NRS by 1960, 283; A 1997, 3474)
The
general election laws of this State, so far as applicable, shall apply to
all elections held under this chapter.
(Added to NRS by 1960, 284)
