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- 83rd Session (2025)
Senate Bill No. 428–Committee on
Legislative Operations and Elections
CHAPTER..........
AN ACT relating to public office; revising provisions relating to the
eligibility of a public officer to remain in office; requiring a
public officer to take additional oaths of office; authorizing
an elector to file a challenge to the eligibility of an incumbent
of a public office; revising provisions relating to vacancies in
nomination for a publ ic office; providing that, with certain
exceptions, the proof of identity and residency provided with
a declaration of candidacy is a public record; revising
provisions relating to a challenge to the qualifications of a
candidate for public office; revising the information that must
be included on a certified list of candidates for public office;
providing a penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, for the purpose of determini ng a person’s eligibility
for public office, the residence of a person is the person’s actual residence within
the State, county, district, ward, subdistrict or other unit prescribed by law. (NRS
281.050) Section 1 of this bill provides that it is the publ ic policy of this State to
ensure that a person continues to reside in the area prescribed by law for the office
during the entire term of the office.
Existing law requires members of the Legislature and all public officers,
executive, judicial and minis terial, to take an oath of office before entering upon
their duties of office. (NRS 282.020) Section 2 of this bill requires all members of
the Legislature and public officers to swear additional oaths under penalty of
perjury, including that they will rel inquish office under certain circumstances.
Sections 1.5 and 3 of this bill make conforming change s to provide that public
officers must take and subscribe to more than one oath.
Under existing law, with certain exceptions, a public office becomes vacant
upon certain events, including the ceasing of the incumbent to be an actual, as
opposed to constructive, resident of the State, district, county, city, ward or other
unit prescribed by law in which the duties of the incumbent are to be exercised, or
from which the incumbent was elected or appointed, or in which the incumbent was
required to reside to be a candidate for office or appointed to office. If, upon the
happening of such an event, the incumbent fails or refuses to relinquish the office,
existing l aw requires the Attorney General or district attorney to commence and
prosecute proceedings to declare the office vacant. (NRS 283.040) Section 3
authorizes an elector with knowledge or evidence of the happening of such an event
to file with the Attorney General or district attorney a challenge to the incumbent
on the grounds that a vacancy has occurred because the event has occurred.
Under existi ng law, if a vacancy occurs in a major or minor political party
nomination for a partisan office before a certain date in July of the year in which
the general election is held because the nominee dies or is adjudicated insane or
mentally incompetent, the party central committee or executive committee may
designate a candidate to fill the nomination and the board of county commissioners
in certain legislative districts comprising more than one county may vote to appoint
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a candidate to fill the vacancy and i n all other cases, the nominee’s name must
remain on the ballot and, if elected, a vacancy exists. (NRS 293.165, 293.166)
Sections 4 and 5 of this bill provide that if a vacancy occurs before a certain date in
July in the year in which the general election is held because the nominee no longer
actually resides in the State, county, city, ward or other unit prescribed by law in
which the nominee is required to reside to be a candidate for office, the party
central committee or executive committee may designa te a candidate to fill the
vacancy and the board of county commissioners in certain legislative districts
comprising more than one county may vote to appoint a candidate to fill the
vacancy.
Section 11 of this bill provides that if a vacancy in nominatio n occurs for a city
office after a certain date in July because the nominee no longer actually resides in
the State, district, county, city, ward or other unit prescribed by law in which the
nominee is required to reside to be a candidate for office, the n ominee’s name must
remain on the ballot and, if elected, a vacancy exists.
Under existing law, with certain exceptions, a name may not be printed on a
ballot for primary election unless the candidate, including a candidate appointed to
fill a vacancy in a nomination, has filed a declaration of candidacy which must be
accompanied by proof of identity and residency of the candidate. The filing officer
is required to retain a copy of the proof of identity and residency which, except for
certain confidential information, may not be withheld from the public. (NRS
293.177, 293C.185) Sections 6 and 9 of this bill provide that, except for certain
confidential information, such proof of identity and residency is a public record.
Existing law authorizes an elector to file with the filing officer for an office a
written challenge to a person on the grounds that the person fails to meet a
qualification for office. If probable cause exists to support the challenge, existing
law requir es the Attorney General, district attorney or city attorney to petition a
court of competent jurisdiction regarding the issue. (NRS 293.182, 293C.186)
Sections 7 and 10 of this bill require the Attorney General or district attorney or
city attorney to notify the elector who filed the challenge of the time and place of a
hearing scheduled on the challenge.
Existing law requires the Secretary of State and county clerk to forward to each
other a certified list containing the name and mailing address of each person for
whom candidacy papers have been filed. (NRS 293.187) Section 8 of this bill
requires the certified list to contain the residential address where the person actually
resides and the mailing address, if different than the residential address.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.050 is hereby amended to read as follows:
281.050 1. The residence of a person with reference to his or
her eligibility to any office is the person’s actual residence within
the State, county, district, ward, subdistrict or any other unit
prescribed by law, as the case may be, during all the period for
which residence is claimed by the person.
2. Except as otherwise provided in subsections 3 and 4, if any
person absents himself or herself from the jurisdiction of that
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person’s actual residence with the intention in good faith to return
without delay and co ntinue such actual residence, the period of
absence must not be considered in determining the question of
residence.
3. If a person who has filed a declaration of candidacy for any
elective office moves the person’s actual residence out of the State,
county, district, ward, subdistrict or any other unit prescribed by
law, as the case may be, in which the person is required actually, as
opposed to constructively, to reside in order for the person to be
eligible to the office, a vacancy is created thereby a nd the
appropriate action for filling the vacancy must be taken.
4. Once a person’s actual residence is fixed, the person shall be
deemed to have moved the person’s actual residence for the
purposes of this section if:
(a) The person has acted affirmatively and has actually removed
himself or herself from the place of permanent habitation where the
person actually resided and was legally domiciled;
(b) The person has an intention to abandon the place of
permanent habitation where the person actually re sided and was
legally domiciled; and
(c) The person has an intention to remain in another place of
permanent habitation where the person actually resides and is
legally domiciled.
5. Except as otherwise provided in this subsection and NRS
293.1265, the district court has jurisdiction to determine the
question of residence in any preelection action for declaratory
judgment brought against a person who has filed a declaration of
candidacy for any elective office. If the question of residence relates
to whe ther an incumbent meets any qualification concerning
residence required for the term of office in which the incumbent is
presently serving, the district court does not have jurisdiction to
determine the question of residence in an action for declaratory
judgment brought by a person pursuant to this section but has
jurisdiction to determine the question of residence only in an action
to declare the office vacant that is authorized by NRS 283.040 and
brought by the Attorney General or the appropriate district attorney
pursuant to that section.
6. Except as otherwise provided in NRS 293.1265, if in any
preelection action for declaratory judgment, the district court finds
that a person who has filed a declaration of candidacy for any
elective office fails to m eet any qualification concerning residence
required for the office pursuant to the Constitution or laws of this
State, the person is subject to the provisions of NRS 293.2045.
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7. For the purposes of this section, in determining whether a
place of permane nt habitation is the place where a person actually
resides and is legally domiciled:
(a) It is the public policy of this State to avoid sham residences
and to ensure that the person actually, as opposed to constructively,
resides in the area prescribed by law for the office and actually
continues to reside in the area prescribed by law for the office
during the entire term of the office so the person has an actual
connection with the constituents who reside in the area and has
particular knowledge of their concerns.
(b) The person may have more than one residence but only one
legal domicile, and the person’s legal domicile requires both the fact
of actual living in the place and the intention to remain there as a
permanent residence. If the person temporar ily leaves the person’s
legal domicile, or leaves for a particular purpose, and does not take
up a permanent residence in another place, then the person’s legal
domicile has not changed. Once the person’s legal domicile is fixed,
the fact of actual living in another place, the intention to remain in
the other place and the intention to abandon the former legal
domicile must all exist before the person’s legal domicile can
change.
(c) Evidence of the person’s legal domicile includes, without
limitation:
(1) The place where the person lives the majority of the time
and the length of time the person has lived in that place.
(2) The place where the person lives with the person’s
spouse or domestic partner, if any.
(3) The place where the person lives wit h the person’s
children, dependents or relatives, if any.
(4) The place where the person lives with any other
individual whose relationship with the person is substantially similar
to a relationship with a spouse, domestic partner, child, dependent or
relative.
(5) The place where the person’s dogs, cats or other pets, if
any, live.
(6) The place listed as the person’s residential address on the
voter registration card, as defined in NRS 293.1205, issued to the
person.
(7) The place listed as the person’s residential address on any
driver’s license or identification card issued to the person by the
Department of Motor Vehicles, any passport or military
identification card issued to the person by the United States or any
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other form of identification i ssued to the person by a governmental
agency.
(8) The place listed as the person’s residential address on any
registration for a motor vehicle issued to the person by the
Department of Motor Vehicles or any registration for another type
of vehicle or mod e of transportation, including, without limitation,
any aircraft, vessels or watercraft, issued to the person by a
governmental agency.
(9) The place listed as the person’s residential address on any
applications for issuance or renewal of any license, c ertificate,
registration, permit or similar type of authorization issued to the
person by a governmental agency which has the authority to
regulate an occupation or profession.
(10) The place listed as the person’s residential address on
any document whi ch the person is authorized or required by law to
file or record with a governmental agency, including, without
limitation, any deed, declaration of homestead or other record of
real or personal property, any applications for services, privileges or
benefits or any tax documents, forms or returns, but excluding the
person’s declaration of candidacy.
(11) The place listed as the person’s residential address on
any type of check, payment, benefit or reimbursement issued to the
person by a governmental agenc y or by any type of company that
provides insurance, workers’ compensation, health care or medical
benefits or any self-insured employer or third-party administrator.
(12) The place listed as the person’s residential address on
the person’s paycheck, paystub or employment records.
(13) The place listed as the person’s residential address on
the person’s bank statements, insurance statements, mortgage
statements, loan statements, financial accounts, credit card accounts,
utility accounts or other billing statements or accounts.
(14) The place where the person receives mail or deliveries
from the United States Postal Service or commercial carriers.
(d) The evidence listed in paragraph (c) is intended to be
illustrative and is not intended to be exhausti ve or exclusive. The
presence or absence of any particular type of evidence listed in
paragraph (c) is not, by itself, determinative of the person’s legal
domicile, but such a determination must be based upon all the facts
and circumstances of the person’s particular case.
8. As used in this section:
(a) “Actual residence” means the place of permanent habitation
where a person actually resides and is legally domiciled. If the
person maintains more than one place of permanent habitation, the
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place the per son declares to be the person’s principal permanent
habitation when filing a declaration of candidacy for any elective
office must be the place where the person actually resides and is
legally domiciled in order for the person to be eligible to the office.
(b) “Declaration of candidacy” has the meaning ascribed to it in
NRS 293.0455.
Sec. 1.5. NRS 282.010 is hereby amended to read as follows:
282.010 1. Members of the Legislature and all officers,
executive, judicial and ministerial, shall, before entering upon the
duties of their respective offices, provide the official bond required
by law, when such bond shall be required, and take and subscribe to
the official [oath.] oaths.
2. All officers elected, except Senators and members of the
Assembly, shall qualify, and execute and deliver their official bonds
when required, as provided in this section, prior to the Tuesday after
the first Monday in January ensuing their election.
3. All officers appointed to fill vacancies, in the cases provided
by law, shall qualify and give bond when required, within 30 days
from the time of their appointment.
4. The term of office of all officers, elected or appointe d, shall
begin from the time of their qualification, unless some other express
provision is made by law.
Sec. 2. NRS 282.020 is hereby amended to read as follows:
282.020 1. Members of the Legislature and all officers,
executive, judicial , municipal and ministerial, shall, before they
enter upon the duties of their respective offices, take and subscribe
to the following constitutional oath:
I, ........................., do solemnly swear (or affirm) that I
will support, protect and defend the Constitution and
Government of the United States, and the Constitution and
government of the State of Nevada, against all enemies,
whether domestic or foreign, and that I will bear true faith,
allegiance and loyalty to the same, any ordinance, resolution
or law of any state notwithstanding, and that I will well and
faithfully perform all the duties of the office of ................, on
which I am about to enter; (if an oath) so help me God; (if an
affirmation) under the pains and penalties of perjury.
2. In addition to the constitutional oath required pursuant to
subsection 1, members of the Legislature and all officers,
executive, judicial, municipal and ministerial , shall, before they
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enter upon the duties of their respective offices, take and subscribe
to the following oaths:
(a) I, ........................., do solemnly swear (or affirm) that I am
not under any direct or indirect obligation to vote for, appoint,
elect or rule in favor of any person with respect to any office,
position, employment or j udicial action; (if an oath) so help me
God; (if an affirmation) under the pains and penalties of perjury.
(b) I, ........................., do solemnly swear (or affirm) that I
actually reside at ........................................, which is in the area
prescribed by law in which I am required to reside, that I will
notify the filing officer or appointing authority not later than 30
days after a change of address, and I will relinquish the office of
...................., upon the occurrence of an eve nt causing a vacancy
set forth in NRS 283.040; (if an oath) so help me God; (if an
affirmation) under the pains and penalties of perjury.
3. As used in this section:
(a) “Appointing authority” means a public official, board,
commission, committee, council or similar body that has the legal
authority to appoint any member of the Legislature or executive,
judicial, municipal or ministerial officer.
(b) “Filing officer” has the meaning ascribed to it in
NRS 293.057.
Sec. 3. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring
of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of
competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense
involving a violation of the incumbent’s official [oath] oaths or
bond or a violation of NRS 241.040, 293.1755 or 293C.200.
(e) A refusal or neglect of the person elected or appointed to
take the [oath] oaths of office, as prescribed in NRS 282.010, or,
when a bond is required by law, a refusal or neglect of the person to
give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of
the incumbent to be an actual, as opposed to constructive, resident
of the State, district, county, city, ward or other unit prescribed by
law in which the duties of the incumbent’s off ice are to be
exercised, or from which the incumbent was elected or appointed, or
in which the incumbent was required to reside to be a candidate for
office or appointed to office.
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(g) The neglect or refusal of the incumbent to discharge the
duties of the incumbent’s office for a period of 30 days, except
when prevented by sickness or absence from the State or county, as
provided by law. In a county whose population is less than 15,000,
after an incumbent, other than a state officer, has been prevented by
sickness from discharging the duties of the incumbent’s office for at
least 6 months, the district attorney, either on the district attorney’s
own volition or at the request of another person, may petition the
district court to declare the office vacant. I f the incumbent holds
the office of district attorney, the Attorney General, either on the
Attorney General’s own volition or at the request of another person,
may petition the district court to declare the office vacant. The
district court shall hold a h earing to determine whether to declare
the office vacant and, in making its determination, shall consider
evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical weakness
has rendered the i ncumbent unable to manage independently and
perform the duties of the incumbent’s office; and
(3) The extent to which the absence of the incumbent has had
a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribun al declaring the election
or appointment void or the office vacant.
(i) A determination pursuant to NRS 293.182 or 293C.186 that
the incumbent fails to meet any qualification required for the office.
2. Upon the happening of any of the events described in
subsection 1, if the incumbent fails or refuses to relinquish the
incumbent’s office, the Attorney General shall, if the office is a state
office or concerns more than one county, or the district attorne y
shall, if the office is a county office or concerns territory within one
county, upon his or her own recognizance or a determination that
probable cause exists to support a challenge filed pursuant to
subsection 3, commence and prosecute, in a court of c ompetent
jurisdiction, any proceedings for judgment and decree declaring that
office vacant.
3. An elector with knowledge or evidence of the happening of
an event described in subsection 1 may file with the Attorney
General, if the office is a state offi ce or concerns more than one
county, or the district attorney, if the office is a county office or
concerns territory within one county, a written challenge of the
officer on the grounds that a vacancy has occurred due to an event
described in subsection 1 . A challenge filed pursuant to this
subsection must:
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(a) Set forth the event described in subsection 1 which has
occurred;
(b) Have attached all documentation and evidence supporting
the challenge; and
(c) Be in the form of an affidavit, signed by the elector under
penalty of perjury.
4. The provisions of this section do not apply to the extent that
they conflict or are otherwise inconsistent with any provision of the
Constitution of the State of Neva da regarding the power to judge of
the qualifications, elections and returns of or to punish, impeach,
expel or remove from office the Governor, other state and judicial
officers or State Legislators.
Sec. 4. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a
vacancy occurring in a major or minor political party nomination for
a partisan office may be filled by a candidate designated by the
party central committee of the county or State, as the c ase may be,
of the major political party or by the executive committee of the
minor political party subject to the provisions of subsections 3, 4
and 5.
2. A vacancy occurring in a nonpartisan office or nomination
for a nonpartisan office after the close of filing and before 5 p.m. of
the fourth Friday in July of the year in which the general election is
held must be filled by the person who receives or received the next
highest vote for the nomination in the primary election if a primary
election was held for that nonpartisan office. If no primary election
was held for that nonpartisan office or if there was not more than
one person who was seeking the nonpartisan nomination in the
primary election, a person may become a candidate for the
nonpartisan offi ce at the general election if the person files a
declaration of candidacy with the appropriate filing officer and pays
the filing fee required by NRS 293.193 after 8 a.m. on the third
Monday in June, or if the third Monday in June is a legal holiday, on
the day immediately following the third Monday in June, and before
5 p.m. on the fourth Friday in July.
3. If a vacancy occurs in a major political party nomination for
a partisan office after the primary election and before 5 p.m. on the
fourth Friday in July of the year in which the general election is held
and:
(a) The vacancy occurs because the nominee dies , [or] is
adjudicated insane or mentally incompetent [,] or no longer
actually, as opposed to constructively, resides in the State, district,
county, city, ward or other unit prescribed by law in which the
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nominee is required to reside to be a candidate for office, as
determined pursuant to NRS 281.050, 283.040 or 293.182, as
applicable, the vacancy may be filled by a candidate designated by
the party central committee of the county or State, as the case may
be, of the major political party.
(b) The vacancy occurs for a reason other than the reasons
described in paragraph (a), the nominee’s name must remain on the
ballot for the general election and, if elected, a vacancy exists.
4. No change may be made on the ballot for the general
election after 5 p.m. on the fourth Friday in July of the year in which
the general election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or mentally
incompetent; [or]
(b) A nominee no longer actually, as opposed to constructively,
resides in the State, district, county, city, ward or other un it
prescribed by law in which the nominee is required to reside to be
a candidate for office , as determined pursuant to NRS 281.050,
283.040 or 293.182, as applicable; or
(c) A vacancy in the nomination is otherwise created,
the nominee’s name must rema in on the ballot for the general
election and, if elected, a vacancy exists.
5. Each designation of a candidate provided for in this section
must be filed with the appropriate filing officer before 5 p.m. on the
fourth Friday in July of the year in which the general election is
held. In each case, the candidate must file a declaration of candidacy
with the appropriate filing officer and pay the filing fee required by
NRS 293.193 before 5 p.m. on the date the designation is filed.
Sec. 5. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the
office of State Senator, Assemblyman or Assemblywoman from a
legislative district comprising more than one county may be filled as
follows, subject to the pr ovisions of subsections 2, 3 and 4. The
county commissioners of each county, all or part of which is
included within the legislative district, shall meet to appoint a
person who is of the same political party as the former nominee and
who actually, as oppo sed to constructively, resides in the district to
fill the vacancy, with the chair of the board of county
commissioners of the county whose population residing within the
district is the greatest presiding. Each board of county
commissioners shall first me et separately and determine the single
candidate it will nominate to fill the vacancy. Then, the boards shall
meet jointly and the chairs on behalf of the boards shall cast a
proportionate number of votes according to the percent, rounded to
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the nearest wh ole percent, which the population of its county is of
the population of the entire district. Populations must be determined
by the last decennial census or special census conducted by the
Bureau of the Census of the United States Department of
Commerce. Th e person who receives a plurality of these votes is
appointed to fill the vacancy. If no person receives a plurality of the
votes, the boards of county commissioners of the respective counties
shall each as a group select one candidate, and the nominee mus t be
chosen by drawing lots among the persons so selected.
2. If a vacancy occurs in a party nomination for the office of
State Senator, Assemblyman or Assemblywoman from a legislative
district comprising more than one county after the primary election
and before 5 p.m. on the fourth Friday in July of the year in which
the general election is held and:
(a) The vacancy occurs because the nominee dies , [or] is
adjudicated insane or mentally incompetent [,] or no longer
actually, as opposed to constructive ly, resides in the State, district,
county, city, ward or other unit prescribed by law in which the
nominee is required to reside to be a candidate for office, as
determined pursuant to NRS 281.050, 283.040 or 293.182, as
applicable, the vacancy may be fil led pursuant to the provisions of
subsection 1.
(b) The vacancy occurs for a reason other than the reasons
described in paragraph (a), the nominee’s name must remain on the
ballot for the general election and, if elected, a vacancy exists.
3. No change may be made on the ballot for the general
election after 5 p.m. on the fourth Friday in July of the year in which
the general election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or mentally
incompetent; [or]
(b) A nominee no longer actually, as opposed to constructively,
resides in the State, district, county, city, ward or other unit
prescribed by law in which the nominee is required to reside to be
a candidate for office , as determined pursuant to NRS 281.050,
283.040 or 293.182, as applicable; or
(c) A vacancy in the nomination is otherwise created,
the nominee’s name must remain on the ballot for the general
election and, if elected, a vacancy exists.
4. Each designation of a candidate provided for in this section
must be filed with the appropriate filing officer before 5 p.m. on the
fourth Friday in July of the year in which the general election is
held. In each case, the candidate must file a declaration of candidacy
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with the appropriate filing officer and pay the filing fee required by
NRS 293.193 before 5 p.m. on the date the designation is filed.
Sec. 6. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165
and 293.166, a name may not be printed on a ballot to be used at a
primary election unless the person named has filed a declaration of
candidacy with the appropriate filing officer and paid the filing fee
required by NRS 293.193 not earlier than:
(a) For a candidate for judicial office, the first Monday in
January of the year in which the election is to be held and not later
than 5 p.m. on the second Friday after the first Monday in January;
and
(b) For all other candidates, the first Monday in March of the
year in which the election is to be held and not later than 5 p.m. on
the second Friday after the first Monday in March.
2. A declaration of candidacy required to be filed pursuant to
this chapter must be in substantially the following form:
(a) For partisan office:
DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
County of ........................
For the purpose of having my name placed on the official
ballot as a candidate for the ................ Party nomination for
the office of ........., I, the undersigned ..... ..., do swear or
affirm under penalty of perjury that I actually, as opposed to
constructively, reside at .........., in the City or Town of .......,
County of .........., State of Nevada; that my actual, as opposed
to constructive, residence in the State, district, county,
township, city or other area prescribed by law to which the
office pertains began on a date at least 30 days immediately
preceding the date of the close of filing of declarations of
candidacy for this office; that my telephone number is
............, and the address at which I receive mail, if different
than my residence, is .........; that I am registered as a member
of the ................ Party; that I am a qualified elector pursuant
to Section 1 of Article 2 of the Constitution of the State of
Nevada; that if I have ever been convicted of treason or a
felony, my civil rights have been restored; that I have not, in
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violation of the provisions of NRS 293.176, changed the
designation of my political party or political party affiliation
on an official application to register to vote in any state since
December 31 before the closing filing date for this election;
that I generally believe in and intend to support the concepts
found in the principles and policies of that political party in
the coming election; that if nominated as a candidate of the
................ Party at the ensuing election, I will accept that
nomination and not withdraw; that I will not knowingly
violate any election law or any law defining and prohibiting
corrupt and fraudulent practices in campaigns and elections in
this State; that I will qualify for the office if elected thereto,
including, but not limited to, complying with any limitation
prescribed by the Constitution and laws of this State
concerning the number of y ears or terms for which a person
may hold the office; that I understand that knowingly and
willfully filing a declaration of candidacy which contains a
false statement is a crime punishable as a gross misdemeanor
and also subjects me to a civil action disq ualifying me from
entering upon the duties of the office; and that I understand
that my name will appear on all ballots as designated in this
declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
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DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
County of ........................
For the purpose of having my name placed on the official
ballot as a candidate for the office of ................, I, the
undersigned ................, do swear or affirm under penalty of
perjury that I actually, as opposed to constructively, reside at
........., in the City or Town of ......., County of ........., State of
Nevada; that my actual, as opposed to constructive, residence
in the State, district, county, township, city or other area
prescribed by law to which the office pertains began on a date
at least 30 days immediately preceding the date of the close
of filing of declarations of candidacy for this office; that my
telephone number is ..........., and the address at which I
receive mail, if d ifferent than my residence, is ..........; that I
am a qualified elector pursuant to Section 1 of Article 2 of the
Constitution of the State of Nevada; that if I have ever been
convicted of treason or a felony, my civil rights have been
restored; that if n ominated as a nonpartisan candidate at the
ensuing election, I will accept the nomination and not
withdraw; that I will not knowingly violate any election law
or any law defining and prohibiting corrupt and fraudulent
practices in campaigns and elections i n this State; that I will
qualify for the office if elected thereto, including, but not
limited to, complying with any limitation prescribed by the
Constitution and laws of this State concerning the number of
years or terms for which a person may hold the office; that I
understand that knowingly and willfully filing a declaration
of candidacy which contains a false statement is a crime
punishable as a gross misdemeanor and also subjects me to a
civil action disqualifying me from entering upon the duties of
the office; and that I understand that my name will appear on
all ballots as designated in this declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
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- 83rd Session (2025)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...................................................................
Notary Public or other person
authorized to administer an oath
3. The address of a candidate which must be included in the
declaration of candidacy pursuant to subsection 2 must be the street
address of the residence where the candida te actually, as opposed to
constructively, resides in accordance with NRS 281.050, if one has
been assigned. The declaration of candidacy must not be accepted
for filing if the candidate fails to comply with the following
provisions of this subsection or, if applicable, the provisions of
subsection 4:
(a) The candidate shall not list the candidate’s address as a post
office box unless a street address has not been assigned to his or her
residence; and
(b) Except as otherwise provided in subsection 4, the candidate
shall present to the filing officer:
(1) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate
and the candidate’s residential address; or
(2) A current utility bill, bank statement, paycheck, or
document issued by a governmental entity, including a check which
indicates the candidate’s name and residential address, but not
including a voter registration card.
4. If the candidate executes an oath or affirmation under
penalty of perjury stating that the candidate is unable to present to
the filing officer the proof of residency required by subsection 3
because a street address has not been assigned to the candidate’s
residence or because the rural or remote location of the c andidate’s
residence makes it impracticable to present the proof of residency
required by subsection 3, the candidate shall present to the filing
officer:
(a) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate;
and
(b) Alternative proof of the candidate’s residential address that
the filing officer determines is sufficient to verify where the
candidate actually, as opposed to constructively, resides in
accordance with NRS 281.050. The Secretary of State may adopt
regulations establishing the forms of alternative proof of the
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candidate’s residential address that the filing officer may accept to
verify where the candidate actually, as opposed to constructively,
resides in accordance with NRS 281.050.
5. The filing officer shall retain a copy of the proof of identity
and residency provided by the candidate pursuant to subsection 3 or
4. Such a copy:
(a) [May] Except as otherwise provided in paragraph (b), is a
public record and may not be withheld from the public; and
(b) Must not contain the social security number, driver’s license
or identification card number or account number of the candidate.
6. By filing the declaration of candidacy, the candidate shall be
deemed to have appo inted the filing officer for the office as his or
her agent for service of process for the purposes of a proceeding
pursuant to NRS 293.182. Service of such process must first be
attempted at the appropriate address as specified by the candidate in
the dec laration of candidacy. If the candidate cannot be served at
that address, service must be made by personally delivering to and
leaving with the filing officer duplicate copies of the process. The
filing officer shall immediately send, by registered or cert ified mail,
one of the copies to the candidate at the specified address, unless the
candidate has designated in writing to the filing officer a different
address for that purpose, in which case the filing officer shall mail
the copy to the last address so designated.
7. If the filing officer receives credible evidence indicating that
a candidate has been convicted of a felony and has not had his or her
civil rights restored, the filing officer:
(a) May conduct an investigation to determine whether the
candidate has been convicted of a felony and, if so, whether the
candidate has had his or her civil rights restored; and
(b) Shall transmit the credible evidence and the findings from
such investigation to the Attorney General, if the filing officer is the
Secretary of State, or to the district attorney, if the filing officer is a
person other than the Secretary of State.
8. The receipt of information by the Attorney General or
district attorney pursuant to subsection 7 must be treated as a
challenge of a candidate pursuant to subsections 4 and 5 of NRS
293.182 to which the provisions of NRS 293.2045 apply.
9. Any person who knowingly and willfully files a declaration
of candidacy which contains a false statement in violation of this
section is guilty of a gross misdemeanor.
Sec. 7. NRS 293.182 is hereby amended to read as follows:
293.182 1. After a person files a declaration of candidacy to
be a candidate for an office, and not later than 5 days after the last
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- 83rd Session (2025)
day the person may withdraw his or her candidacy pursuant to NRS
293.202, an elector may file with the filing officer for the office a
written challenge of the person on the grounds that the person fails
to meet any qualification required for the office pursuant to the
Constitution or laws of t his State. Before accepting the challenge
from the elector, the filing officer shall notify the elector that if the
challenge is found by a court to be frivolous, the elector may be
required to pay the reasonable attorney’s fees and court costs of the
person who is being challenged.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting
the challenge; and
(c) Be in the form of an affidavit , signed by the elector under
penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1:
(a) The Secretary of State shall immediately transmit the
challenge to the Attorney General.
(b) A filing officer other than the Secretary of Sta te shall
immediately transmit the challenge to the district attorney.
4. If the Attorney General or district attorney determines that
probable cause exists to support the challenge, the Attorney General
or district attorney shall, not later than 5 workin g days after
receiving the challenge, petition a court of competent jurisdiction to
order the person to appear before the court. Upon receipt of such a
petition, the court shall enter an order directing the person to appear
before the court at a hearing, a t a time and place to be fixed by the
court in the order, to show cause why the challenge is not valid. A
certified copy of the order must be served upon the person. The
Attorney General or district attorney shall notify the elector who
filed the challenge of the time and place of the hearing. The court
shall give priority to such proceedings over all other matters
pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of
the evidence that t he challenge is valid or that the person otherwise
fails to meet any qualification required for the office pursuant to the
Constitution or laws of this State, or if the person fails to appear at
the hearing, the person is subject to the provisions of
NRS 293.2045.
6. If, at the hearing, the court determines that the challenge is
frivolous, the court may order the elector who filed the challenge to
pay the reasonable attorney’s fees and court costs of the person who
was challenged.
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- 83rd Session (2025)
Sec. 8. NRS 293.187 is hereby amended to read as follows:
293.187 1. Not later than 5 working days after the last day on
which a candidate for nonjudicial office may withdraw his or her
candidacy pursuant to NRS 293.202:
(a) The Secretary of State shall forward to each county clerk a
certified list containing the name , residential address where the
person actually resides and mailing address , if different than the
residential address, of each person for whom candidacy papers for
judicial and nonjudicial office have bee n filed in the Office of the
Secretary of State, and who is entitled to be voted for in the county
at the next succeeding primary election, together with the title of the
office for which the person is a candidate and the party or principles
he or she represents; and
(b) Each county clerk shall forward to the Secretary of State a
certified list containing the name , residential address where the
person actually resides and mailing address , if different than the
residential address, of each person for whom candidacy papers for
judicial and nonjudicial office have been filed in the office of the
county clerk, and who is entitled to be voted for in the county at the
next succeeding primary election, together with the title of the office
for which the person is a candidate and the party or principles he or
she represents.
2. There must be a party designation only for candidates for
partisan offices.
Sec. 9. NRS 293C.185 is hereby amended to read as follows:
293C.185 1. Except as otherwise provided in NRS 293C.190,
a name may not be printed on a ballot to be used at a primary or
general city election unless the person named has, in accordance
with NRS 293C.145 or 293C.175, as applicable, timely filed a
declaration of candidacy with the appropriate filing officer and paid
the filing fee established by the governing body of the city.
2. A declaration of candidacy required to be filed pursuant to
this chapter must be in substantially the following form:
DECLARATION OF CANDIDACY OF ........ FOR THE
OFFICE OF ................
State of Nevada
City of ..............................
For the purpose of having my name placed on the official
ballot as a candidate for the office of .................., I,
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- 83rd Session (2025)
.................., the undersigned do swear or affirm under penalty
of perjury that I actually, as opposed to constructively, reside
at .................., in the City or Town of .................., County of
.................., State of Nevada; that my actual, as opposed to
constructive, residence in the city, township or other area
prescribed by law to which the office pertains began on a date
at least 30 days immediately preceding the date of the close
of filing of declarations of candidacy for this office; that my
telephone number is .................., and the addre ss at which I
receive mail, if different than my residence, is ..................;
that I am a qualified elector pursuant to Section 1 of Article 2
of the Constitution of the State of Nevada; that if I have ever
been convicted of treason or a felony, my ci vil rights have
been restored; that if nominated as a candidate at the ensuing
election I will accept the nomination and not withdraw; that I
will not knowingly violate any election law or any law
defining and prohibiting corrupt and fraudulent practices i n
campaigns and elections in this State; that I will qualify for
the office if elected thereto, including, but not limited to,
complying with any limitation prescribed by the Constitution
and laws of this State concerning the number of years or
terms for w hich a person may hold the office; that I
understand that knowingly and willfully filing a declaration
of candidacy which contains a false statement is a crime
punishable as a gross misdemeanor and also subjects me to a
civil action disqualifying me from entering upon the duties of
the office; and that I understand that my name will appear on
all ballots as designated in this declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...................................................................
Notary Public or other person
authorized to administer an oath
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- 83rd Session (2025)
3. The address of a candidate that must be included in the
declaration of candidacy pursuant to subsection 2 must be the street
address of the residence where the candidate actually, as opposed to
constructively, resides in accordance with NRS 281.050, if one has
been assigned. The declaration of candidacy must not be accepted
for filing if the candidate fails to comply with the following
provisions of this subsection or, if applicable, the provisions of
subsection 4:
(a) The candidate shall not list the candidate’s address as a post
office box unless a street address has not been assigned to the
residence; and
(b) Except as otherwise provid ed in subsection 4, the candidate
shall present to the filing officer:
(1) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate
and the candidate’s residential address; or
(2) A cur rent utility bill, bank statement, paycheck, or
document issued by a governmental entity, including a check which
indicates the candidate’s name and residential address, but not
including a voter registration card.
4. If the candidate executes an oath or affirmation under
penalty of perjury stating that the candidate is unable to present to
the filing officer the proof of residency required by subsection 3
because a street address has not been assigned to the candidate’s
residence or because the rural or remote location of the candidate’s
residence makes it impracticable to present the proof of residency
required by subsection 3, the candidate shall present to the filing
officer:
(a) A valid driver’s license or identification card issued by a
governmental agency that contains a photograph of the candidate;
and
(b) Alternative proof of the candidate’s residential address that
the filing officer determines is sufficient to verify where the
candidate actually, as opposed to constructively, resides in
accordance with NRS 281.050. The Secretary of State may adopt
regulations establishing the forms of alternative proof of the
candidate’s residential address that the filing officer may accept to
verify where the candidate actually, as opposed to constructively,
resides in accordance with NRS 281.050.
5. The filing officer shall retain a copy of the proof of identity
and residency provided by the candidate pursuant to subsection 3 or
4. Such a copy:
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- 83rd Session (2025)
(a) [May] Except as otherwise provided in paragraph (b), is a
public record and may not be withheld from the public; and
(b) Must not contain the social security number, driver’s license
or identification card number or account number of the candidate.
6. By filing the declaration of candidacy, the candidate shall be
deemed to have appointed the city clerk as his or her agent for
service of process for the purposes of a proceeding pursuant to NRS
293C.186. Service of such process must first be attempted at the
appropriate address as specified by the candidate in the declaration
of candidacy. If the candidate cannot be served at that address,
service must be made by personally delivering to and leaving with
the city clerk duplicate copies of the process. The city clerk shall
immediately send, by registered or certifie d mail, one of the copies
to the candidate at the specified address, unless the candidate has
designated in writing to the city clerk a different address for that
purpose, in which case the city clerk shall mail the copy to the last
address so designated.
7. If the city clerk receives credible evidence indicating that a
candidate has been convicted of a felony and has not had his or her
civil rights restored, the city clerk:
(a) May conduct an investigation to determine whether the
candidate has been con victed of a felony and, if so, whether the
candidate has had his or her civil rights restored; and
(b) Shall transmit the credible evidence and the findings from
such investigation to the city attorney.
8. The receipt of information by the city attorney pursuant to
subsection 7 must be treated as a challenge of a candidate pursuant
to subsections 4 and 5 of NRS 293C.186 to which the provisions of
NRS 293.2045 apply.
9. Any person who knowingly and willfully files a declaration
of candidacy which contai ns a false statement in violation of this
section is guilty of a gross misdemeanor.
Sec. 10. NRS 293C.186 is hereby amended to read as follows:
293C.186 1. After a person files a declaration of candidacy to
be a candidate for an office, and not later than 5 days after the last
day the person may withdraw his or her candidacy pursuant to NRS
293C.195, an elector may file with the city clerk a written challenge
of the person on the grounds that the person fails to meet any
qualification required for the office pursuant to the Constitution or
laws of this State. Before accepting the challenge from the elector,
the filing officer shall notify the elector that if the challenge is found
by a court to be frivolous, the elector may be required to pay the
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- 83rd Session (2025)
reasonable attorney’s fees and court costs of the person who is being
challenged.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting
the challenge; and
(c) Be in the form of an affidavit, signed by the elector under
penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1, the
city clerk shall immediately transmit the challenge to the city
attorney.
4. If the city attorney determines that probable cause exists to
support the challenge, the city attorney shall, not later than 5
working days after receiving the challenge, petit ion a court of
competent jurisdiction to order the person to appear before the court.
Upon receipt of such a petition, the court shall enter an order
directing the person to appear before the court at a hearing, at a time
and place to be fixed by the court in the order, to show cause why
the challenge is not valid. A certified copy of the order must be
served upon the person. The city attorney shall notify the elector
who filed the challenge of the time and place of the hearing. The
court shall give priorit y to such proceedings over all other matters
pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of
the evidence that the challenge is valid or that the person otherwise
fails to meet any qualification required for the office pursuant to the
Constitution or laws of this State, or if the person fails to appear at
the hearing, the person is subject to the provisions of
NRS 293.2045.
6. If, at the hearing, the court determines that the ch allenge is
frivolous, the court may order the elector who filed the challenge to
pay the reasonable attorney’s fees and court costs of the person who
was challenged.
Sec. 11. NRS 293C.190 is hereby amended to read as follows:
293C.190 1. A vacancy occ urring in a nomination for a city
office before 5 p.m. of the fourth Friday in July of the year in which
the general city election is held must be filled by the person who
received the next highest vote for the nomination in the primary city
election if a primary city election was held for that city office. If no
primary city election was held for that city office or if there was not
more than one person who was seeking the nomination in the
primary city election, a person may become a candidate for the cit y
office at the general city election if the person files a declaration of
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- 83rd Session (2025)
candidacy with the appropriate filing officer and pays the filing fee
established by the governing body of the city before 5 p.m. on the
fourth Friday in July.
2. No change may be made on the ballot for the general city
election after 5 p.m. on the fourth Friday in July of the year in which
the general city election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or mentally
incompetent; [or]
(b) A nominee no longer actually, as opposed to constructively,
resides in the State, district, county, city, ward or other unit
prescribed by law in which the nominee is required to reside to be
a candidate for office , as determined pursuant to NRS 281.05 0,
283.040 or 293C.186, as applicable; or
(c) A vacancy in the nomination is otherwise created,
the nominee’s name must remain on the ballot for the general city
election and, if elected, a vacancy exists.
Sec. 11.5. The Legislative Counsel shall, in preparing the
Nevada Revised Statutes and Nevada Administrative Code ,
substitute appropriately the term “oaths of office” for the term “oath
of office.”
Sec. 12. The provisions of NRS 282.010, 282.020 and
subsection 1 of NRS 283.040, as amended by sections 1.5, 2 and 3
of this act, respectively, requiring all public officers to take and
subscribe additional oaths of office and providing for a vacancy if a
public officer is convicted of violating an oath or refuses or neglects
to take an oath do not apply to any member of the Legislature or
executive, judicial, municipal or ministerial officer who holds office
on or before the effective date of this act.
Sec. 13. This act becomes effective upon passag e and
approval.
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