2005 Nevada Revised Statutes - Chapter 306 — Recall of Public Officers
CHAPTER 306 - RECALL OF PUBLIC OFFICERS
NRS 306.005 Informationalpamphlet describing requirements of chapter; fee.
NRS 306.011 Regulations.
NRS 306.015 Contentsand filing of notice of intent to circulate petition for recall; penalty forfailure to submit timely petition; procedure for removing name from petition;person who signs notice of intent or petition immune from civil liability forcertain conduct.
NRS 306.017 Employmentof independent legal counsel to provide advice concerning recall of publicofficer who is legal adviser.
NRS 306.020 Publicofficers subject to recall from office; contents of petition for recall.
NRS 306.025 Misrepresentingintent or content of petition for recall prohibited; penalty.
NRS 306.030 Petitionfor recall may consist of number of copies; verification.
NRS 306.035 Signaturesmust be submitted to county clerk for verification before petition for recallmay be filed.
NRS 306.040 Notificationthat number of signatures is sufficient; striking of names from petition; callfor special election; legal challenge.
NRS 306.045 Effectof resignation by officer.
NRS 306.060 Ballotsfor recall: Printing of officers justification; printing of reason fordemanding recall and officers justification on sample ballot required ifmechanical voting system used.
NRS 306.070 Formof proposal on ballots for recall; names of nominees.
NRS 306.080 Vacancyin office created if no other candidates voted upon in special election.
NRS 306.110 Nominatingpetition for successors; verification of signatures; acceptance of candidacy.
NRS 306.120 Conductof special election.
NRS 306.130 Applicabilityof laws governing elections.
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NRS
1. The Secretary of State shall prepare aninformational pamphlet describing the requirements for filing and circulating apetition to recall a public officer pursuant to this chapter. The pamphlet mustinclude:
(a) A copy of Section 9 of Article 2 of the Constitutionof the State of Nevada;
(b) A copy of chapter 306of 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 acceptableformat for such a petition; and
(e) Such other information as the Secretary of Statedeems necessary.
2. A copy of the pamphlet must be distributed to anyperson who requests such information upon payment of any applicable fee. TheSecretary of State may charge a fee for the pamphlet which must not exceed thecost of preparing and printing the pamphlet.
(Added to NRS by 1993, 2406)
NRS
(Added to NRS by 1993, 2407)
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1. Before a petition to recall a public officeris circulated, the persons proposing to circulate the petition must filea notice of intent with the filing officer.
2. The notice of intent:
(a) Must be signed by three registered voters whoactually voted in this State or in the county, district or municipalityelecting the officer at the last preceding general election.
(b) Must be signed before a person authorized by law toadminister oaths that the statements and signatures contained in the notice aretrue.
(c) Is valid until the date on which the call for aspecial election is issued, as set forth in NRS306.040.
3. The petition may consist of more than one document.The persons filing the notice of intent shall submit the petition that wascirculated for signatures to the filing officer within 90 days after the dateon which the notice of intent was filed. The filing officer shall immediatelysubmit the petition to the county clerk for verification pursuant to
4. The county clerk shall, upon completing theverification of the signatures on the petition, file the petition with thefiling officer.
5. Any person who signs a petition to recall anypublic officer may request that the county clerk remove his name from thepetition by submitting a request in writing to the county clerk at any timebefore the petition is submitted for the verification of the signatures thereonpursuant to NRS 306.035.
6. A person who signs a notice of intent pursuant tosubsection 1 or a petition to recall a public officer is immune from civilliability for conduct related to the exercise of his right to participate inthe recall of a public officer.
7. As used in this section, filing officer means theofficer with whom the public officer to be recalled filed his declaration ofcandidacy or acceptance of candidacy pursuant to
(Added to NRS by 1975, 1166; A 1985, 1219; 1991,2214, 2226; 1993, 614, 2407; 1995, 2793; 1997, 766, 3473;
NRS
(Added to NRS by 1985, 1114)
NRS
1. Every public officer in the State of Nevada issubject to recall from office by the registered voters of the State or of thecounty, district or municipality from which he was elected, as provided inSection 9 of Article 2 of the Constitution of the State of Nevada and thischapter. A public officer who is appointed to an elective office is subject torecall in the same manner as provided for an officer who is elected to thatoffice.
2. The petition must, in addition to setting forth thereason why the recall is demanded:
(a) Contain the residence addresses of the signers andthe date that the petition was signed;
(b) Contain a statement of the minimum number ofsignatures necessary to the validity of the petition;
(c) Contain at the top of each page and immediatelyabove the signature line, in at least 10-point bold type, the words RecallPetition;
(d) Include the date that a notice of intent was filed;and
(e) Have the designation: Signatures of registeredvoters seeking the recall of ................ (name of public officer for whomrecall 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)
NRS
1. A person shall not misrepresent the intent orcontent of a petition for the recall of a public officer which is circulatedpursuant to the provisions of this chapter.
2. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.
(Added to NRS by 1989, 1062)
NRS
1. The petition may consist of any number of copieswhich are identical in form with the original, except for the name of thecounty and the signatures and addresses of the residences of the signers. Thepages of the petition with the signatures and of any copy must be consecutivelynumbered. Each page must bear the name of a county, and only registered votersof that county may sign the page.
2. Every copy must be verified by the circulatorthereof, who shall swear or affirm, before a person authorized by law toadminister oaths, that the statements and signatures contained in the petitionare true to the best of his knowledge and belief. The verification must alsocontain a statement of the number of signatures being verified by thecirculator.
(Added to NRS by 1960, 282; A 1963, 1386; 1975, 1167;1985, 1219; 1987, 1375; 1993, 2408;
NRS
1. Before a petition to recall a state officer who iselected statewide is filed with the Secretary of State pursuant to subsection 4of NRS 306.015, each county clerk mustverify, pursuant to NRS 293.1276 to
2. Before a petition to recall a State Senator,Assemblyman, or a county, district or municipal officer is filed pursuant tosubsection 4 of NRS 306.015, the countyclerk must verify, pursuant to NRS 293.1276to 293.1279, inclusive, the document ordocuments which were circulated for signatures within his county.
3. If more than one document was circulated, all thedocuments must be submitted to the clerk at the same time.
(Added to NRS by 1985, 1114; A 1987, 1376;
NRS
1. Upon determining that the number of signatures on apetition to recall is sufficient pursuant to NRS293.1276 to 293.1279, inclusive,the Secretary of State shall notify the county clerk, the officer with whom thepetition is to be filed pursuant to subsection 4 of
2. After the verification of signatures is complete,but not later than the date a complaint is filed pursuant to subsection 5 orthe date the call for a special election is issued, whichever is earlier, aperson who signs a petition to recall may request the Secretary of State tostrike his name from the petition. If the person demonstrates good causetherefor and the number of such requests received by the Secretary of Statecould affect the sufficiency of the petition, the Secretary of State shallstrike the name of the person from the petition.
3. Not sooner than 10 days nor more than 20 days afterthe Secretary of State completes the notification required by subsection 1, ifa complaint is not filed pursuant to subsection 5, the officer with whom the petitionis filed shall issue a call for a special election in the jurisdiction in whichthe public officer who is the subject of the petition was elected to determinewhether the people will recall him.
4. The call for a special election pursuant to subsection3 or 6 must include, without limitation:
(a) The last day on which a person may register to voteto qualify to vote in the special election; and
(b) The last day on which a petition to nominate othercandidates for the office may be filed.
5. The legal sufficiency of the petition may bechallenged by filing a complaint in district court not later than 5 days,Saturdays, Sundays and holidays excluded, after the Secretary of Statecompletes the notification required by subsection 1. All affidavits anddocuments in support of the challenge must be filed with the complaint. Thecourt shall set the matter for hearing not later than 30 days after the complaintis filed and shall give priority to such a complaint over all other matterspending with the court, except for criminal proceedings.
6. Upon the conclusion of the hearing, if the courtdetermines that the petition is sufficient, it shall order the officer withwhom the petition is filed to issue a call for a special election in thejurisdiction in which the public officer who is the subject of the petition waselected to determine whether the people will recall him. If the courtdetermines that the petition is not sufficient, it shall order the officer withwhom the petition is filed to cease any further proceedings regarding thepetition.
(Added to NRS by 1960, 282; A 1963, 1386; 1981, 23;1985, 1115; 1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767;
1. Before thecall for a special election is issued:
(a) Theofficial with whom the petition to recall is filed shall cease any furtherproceedings regarding the petition;
(b) A vacancyoccurs in that office; and
(c) The vacancythereby 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
NRS
1. If the officer against whom the petition is filedfurnishes no justification of his course in office, none need appear on theballot at the election upon his recall.
2. Where a mechanical voting system is used, thereason for demanding the recall of the officer and the officers justificationneed not be printed on the ballot, but must be printed on sample ballots, whichmust 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)
NRS
1. If there are no other candidates nominated to bevoted for at the special election, there must be printed on the ballot the nameof the officer sought to be recalled, the office which he holds, and the wordsFor Recall and Against Recall.
2. If there are other candidates nominated for theoffice to be voted for at the special election, there must be printed upon theballot the name of the officer sought to be recalled, and the office which heholds, and the name or names of such other candidates as may be nominated to bevoted for at the special election, and the words For Recall and AgainstRecall must be omitted.
3. In other respects the ballot must conform with therequirements of this title.
(Added to NRS by 1960, 283; A 1977, 248; 1985, 1115)
NRS
(Added to NRS by 1960, 283; A 1981, 23)
NRS
1. A petition to nominate other candidates for theoffice 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 ofthe number of registered voters who voted in the State, or in the county,district or municipality holding the election at the general election at whichthe public officer was elected. Each petition may consist of more than onedocument. Each document must bear the name of one county and must not be signedby a person who is not a registered voter of that county.
2. The nominating petition must be filed, at least 20days before the date of the special election, with the officer with whom therecall petition is filed. Each document of the petition must be submitted forverification pursuant to NRS 293.1276to 293.1279, inclusive, to the countyclerk of the county named on the document.
3. Each candidate who is nominated for office mustfile an acceptance of candidacy with the appropriate filing officer and pay thefee required by NRS 293.193 or by thegoverning 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;
NRS
1. Chapter 293 of NRSfor primary and general elections.
2. Chapter 293C ofNRS for primary city elections and general city elections.
(Added to NRS by 1960, 283; A 1997, 3474)
NRS
(Added to NRS by 1960, 284)
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