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2022 Nevada Revised Statutes
Chapter 218A - Legislative Department Generally
NRS 218A.260 - Procedure for filling vacancy in office: Qualifications; appointment process. [Effective through December 31, 2021.] Procedure for filling vacancy in office: Qualifications; appointment process. [Effective January 1, 2022.]

Universal Citation: NV Rev Stat § 218A.260 (2022)

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1. If, for any reason set forth in Section 12 of Article 4 of the Nevada Constitution or for any other reason, a vacancy occurs in the office of a Legislator during a regular or special session or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the vacancy must be filled in the manner provided in this section.

2. If the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who timely files an application to fill the vacancy pursuant to NRS 218A.262 and a declaration of eligibility pursuant to NRS 218A.264, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date established pursuant to subsection 1 of NRS 218A.262 for the close of filing of applications to fill the vacancy.

3. If the former Legislator was elected or appointed from a district comprising more than one county, the boards of county commissioners of each county within or partly within the district shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who timely files an application to fill the vacancy pursuant to NRS 218A.262 and a declaration of eligibility pursuant to NRS 218A.264, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date established pursuant to subsection 2 of NRS 218A.262 for the close of filing of applications to fill the vacancy. To fill the vacancy:

(a) Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy.

(b) The boards shall then meet jointly. The joint meeting must be chaired by the person who is the chair of the board of county commissioners of the county with the largest population in the district. At the joint meeting:

(1) The chair of each board, on behalf of that board, shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of that board’s 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.

(2) The 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 select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.

4. The board of county commissioners or the board of the county with the largest population in the district shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county with the largest population in the district shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.

(Added to NRS by 1965 Special Session, 7; A 1977, 514; 1981, 340, 1743; 1999, 2169; 2011, 3165; 2019, 884)

2. Except as otherwise provided in subsection 3, if the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy, as applicable, pursuant to NRS 218A.262, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to NRS 218A.262 for the close of filing of applications to fill the vacancy, as applicable.

3. If the board of county commissioners votes to reject all of the qualified nominees submitted to the board pursuant to NRS 218A.262, if applicable, the board must request a new list of one or more qualified nominees from the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator. Upon receipt of the new list of qualified nominees, the board of county commissioners shall fill the vacancy by appointing a qualified nominee from the new list.

4. Except as otherwise provided in subsection 5, if the former Legislator was elected or appointed from a district comprising more than one county, the boards of county commissioners of each county within or partly within the district shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy, as applicable, pursuant to NRS 218A.262, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to NRS 218A.262 for the close of filing of applications to fill the vacancy, as applicable. To fill the vacancy:

(a) Each board of county commissioners shall first meet separately. Each board of county commissioners shall vote to determine the single candidate it will nominate to fill the vacancy or, if a list of qualified nominees was submitted pursuant to NRS 218A.262, to reject all of the qualified nominees.

(2) The person who receives a plurality of these votes is appointed to fill the vacancy. If a list of qualified nominees was not required to be submitted to the boards of county commissioners pursuant to NRS 218A.262 and no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.

5. If at the joint meeting held pursuant to paragraph (b) of subsection 4 the choice to reject all of the qualified nominees from the list submitted pursuant to NRS 218A.262 receives a plurality of the votes, the boards of county commissioners must request a new list of one or more qualified nominees from the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator. Upon receipt of the new list of qualified nominees, the board of county commissioners shall repeat the process set forth in subsection 4 but must fill the vacancy by appointing a qualified nominee from the new list of qualified nominees.

6. The board of county commissioners or the board of the county with the largest population in the district shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county with the largest population in the district shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.

7. As used in this section, "qualified nominee" means a person:

(a) Who meets the qualifications for the office as required by NRS 218A.200;

(b) Who is a member of the same political party as the former Legislator; and

(c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.

(Added to NRS by 1965 Special Session, 7; A 1977, 514; 1981, 340, 1743; 1999, 2169; 2011, 3165; 2019, 884; 2021, 1975, effective January 1, 2022)

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