2005 Nevada Revised Statutes - Chapter 298 — Presidential Electors and Elections

CHAPTER 298 - PRESIDENTIAL ELECTORS ANDELECTIONS

PRESIDENTIAL ELECTORS

NRS 298.010 Timewhen chosen; number.

NRS 298.020 Selectionof partys nominees.

NRS 298.025 Nomineesof candidates who receive highest number of votes at general election becomepresidential electors.

NRS 298.030 Timewhen presidential electors required to convene at seat of government.

NRS 298.040 Fillingvacancy upon death or absence of presidential elector.

NRS 298.050 Conveningand voting for President and Vice President.

NRS 298.060 Presidentialelectors to use separate ballots.

NRS 298.070 Listsof persons voted for and number of votes; certification; transmission toPresident of the Senate.

NRS 298.080 Proceedingsof presidential electors to conform to United States Constitution and laws.

PRESIDENTIAL ELECTIONS

NRS 298.109 Nominationof independent candidates for President and Vice President; designation ofcandidates nominees for presidential electors; challenge to candidacy.

NRS 298.250 Votingby former residents; regulations.

NRS 298.259 Votingby new residents; regulations.

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PRESIDENTIAL ELECTORS

NRS 298.010 Timewhen chosen; number. In each year when theelection of President and Vice President of the United States is to take place,there shall be chosen as many electors of President and Vice President of theUnited States as this State is then entitled to.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [3:108:1866; B 2601; BH 1638; C 1784; RL 2767; NCL 4767]

NRS 298.020 Selectionof partys nominees.

1. Each major political party in this State, qualifiedby law to place upon the general election ballot candidates for the office ofPresident and Vice President of the United States in the year when they are tobe elected, shall, at the state convention of the major political party held inthat year, choose from the qualified electors, who are legally registeredmembers of that political party, the number of presidential electors requiredby law and no more, who must be nominated by the delegates at the stateconvention. Upon the nomination thereof, the chairman and the secretary of theconvention shall certify the names and addresses of the nominees to theSecretary of State, who shall record the names in his office as the nominees ofthat political party for presidential elector.

2. Each minor political party in this State, qualifiedby law to place upon the general election ballot candidates for the office ofPresident and Vice President of the United States in the year when they are tobe elected, shall choose from the qualified electors, the number of presidentialelectors required by law. The person who is authorized to file the list ofcandidates for partisan office of the minor political party with the Secretaryof State pursuant to NRS 293.1725 shallcertify the names and addresses of the nominees to the Secretary of State, whoshall record the names in his office as the nominees of that political partyfor presidential elector.

[1:38:1949; 1943 NCL 4767.01] + [2:38:1949; A 1953,135] + [3:38:1949; 1943 NCL 4767.03](NRS A 1969, 65; 1979, 405; 1989, 2172; 1999, 3560)

NRS 298.025 Nomineesof candidates who receive highest number of votes at general election becomepresidential electors. Presidential electorsare not nominated at the primary election or placed upon the general electionballot, but the nominees of the presidential and vice presidential candidateswho receive the highest number of votes at the general election thereby becomethe official presidential electors. The presidential electors shall perform theduties of such electors as required by law and the Constitution of the UnitedStates.

(Added to NRS by 1979, 405; A 1993, 2782)

NRS 298.030 Timewhen presidential electors required to convene at seat of government. The presidential electors so chosen shall convene at theseat of government on the 1st Monday after the 2nd Wednesday in December nextafter their election, at 2 p.m., or on such other date as the Congress of theUnited States may by law hereafter provide.

[Part 6:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4770]

NRS 298.040 Fillingvacancy upon death or absence of presidential elector.In case of the death or absence of any presidential elector chosen, orif the number of presidential electors shall from any cause be deficient, thenational committeewoman, the national committeeman and the state chairman ofthe party whose nominees for President and Vice President received the greatestnumber of votes in the State at the next preceding general election shallforthwith elect, from the qualified electors of this State registered asaffiliated with such prevailing party, as many persons as will supply thedeficiency. A majority of such three party officials shall be sufficient tofill such vacancies.

[Part 6:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4770](NRS A 1961, 296)

NRS 298.050 Conveningand voting for President and Vice President. Thepresidential electors, when convened, shall vote by ballot for one person forPresident and one person for Vice President of the United States, one of whom,at least, must not be an inhabitant of this State. The presidential electorsshall vote only for the nominees for President and Vice President of the partyor the independent candidates that prevailed in this State in the precedinggeneral election.

[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4771](NRS A 1961, 296; 1993, 2783)

NRS 298.060 Presidentialelectors to use separate ballots. The presidentialelectors shall name in their ballots the persons voted for as President, and indistinct ballots the persons voted for as Vice President.

[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4771]

NRS 298.070 Listsof persons voted for and number of votes; certification; transmission toPresident of the Senate. The presidentialelectors shall make distinct lists of all persons voted for as President, andof all persons voted for as Vice President, and of the number of votes givenfor each, which lists they shall sign, certify, seal and transmit to the seatof the Government of the United States, directed to the President of theSenate.

[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4771]

NRS 298.080 Proceedingsof presidential electors to conform to United States Constitution and laws. In complying with the provisions of NRS 298.050 to 298.070, inclusive, the presidentialelectors shall, in all respects, proceed conformably to the Constitution of theUnited States and the laws of the United States.

[Part 7:108:1866; A 1869, 64; 1917, 391; 1937, 186;1931 NCL 4771]

PRESIDENTIAL ELECTIONS

NRS 298.109 Nominationof independent candidates for President and Vice President; designation ofcandidates nominees for presidential electors; challenge to candidacy.

1. A person who desires to be an independent candidatefor the office of President of the United States must, not later than 5 p.m. onthe second Friday in August in each year in which a presidential election is tobe held, pay a filing fee of $250 and file with the Secretary of State adeclaration of candidacy and a petition of candidacy, in which he must alsodesignate his nominee for Vice President. The petition must be signed by anumber of registered voters equal to not less than 1 percent of the totalnumber of votes cast at the last preceding general election for candidates forthe offices of Representative in Congress and must request that the names ofthe proposed candidates be placed on the ballot at the general election thatyear. The candidate shall file a copy of the petition he intends to circulatefor signatures with the Secretary of State.

2. The petition may consist of more than one document.Each document must bear the name of a county and only registered voters of thatcounty may sign the document. The documents which are circulated for signaturein a county must be submitted to that county clerk for verification in themanner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25working days before the last day to file the petition of candidacy with theSecretary of State pursuant to subsection 1. Each person signing shall add tohis signature the address of the place at which he resides, the date that hesigns and the name of the county wherein he is registered to vote. Eachdocument of the petition must also contain the affidavit of the person whocirculated the document that all signatures thereon are genuine to the best ofhis knowledge and belief and were signed in his presence by persons registeredto vote in that county.

3. Each independent candidate so nominated for theoffice of President shall at the time of filing his petition as provided insubsection 1, or within 10 days thereafter, file with the Secretary of Statehis written designation of the names of the number of presidential electorsthen authorized by law, whom the independent candidate desires to act as hiselectors, all of whom must then be registered voters. Immediately followingreceipt of each candidates written designation of his nominees for electors,the Secretary of State shall record them in his office as the nominees forpresidential electors of that independent candidate.

4. If the candidacy of any person who seeks to qualifypursuant to this section is challenged, all affidavits and documents in supportof the challenge must be filed with the First Judicial District Court not laterthan 5 p.m. on the fourth Tuesday in August. Any judicial proceeding relatingto the challenge must be set for hearing not later than 5 days after the fourthTuesday in August.

5. The county clerk shall not disqualify the signatureof a voter who fails to provide all the information required by this section ifthe voter is registered in the county named on the document.

(Added to NRS by 1979, 404; A 1983, 1289; 1985, 270;1987, 1375; 1989, 2173; 1993, 2670; 1999, 3561)

 

NRS 298.250 Votingby former residents; regulations.

1. If a former resident of the State of Nevadaotherwise qualified to vote in another state in any election for President andVice President of the United States has commenced his residence in the otherstate after the 30th day next preceding that election and for this reason doesnot satisfy the requirements for registration in the other state, he may votefor President and Vice President only in that election:

(a) In person in the county of the State of Nevadawhich was his former residence, if he is otherwise qualified to vote there; or

(b) By absent ballot in the county of the State ofNevada which was his former residence, if he is otherwise qualified to votethere and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.

2. The Secretary of State may, in a manner consistentwith the election laws of this State, adopt regulations to effectuate thepurposes of this section.

(Added to NRS by 1971, 261; A 1983, 1290; 2001, 1954)

NRS 298.259 Votingby new residents; regulations.

1. If a new resident of the State of Nevada otherwisequalified to vote in another state in any election for President and VicePresident of the United States has commenced his residence in this State afterthe 30th day next preceding that election and for this reason does not satisfythe requirements for registration in this State, he may vote for President andVice President in this State.

2. If a new resident of the State of Nevada wishes tovote for the President and Vice President of the United States pursuant to thissection, he must:

(a) Apply to the county clerk for the appropriateballot using the form prescribed by the Secretary of State; and

(b) Vote only in the office of the county clerk duringregular office hours.

3. A county clerk, upon receipt of an applicationpursuant to this section, shall provide the applicant a ballot and any othermaterials necessary to vote only for President and Vice President of the UnitedStates.

4. A vote cast pursuant to this section must not be:

(a) Combined with the total of a precinct but must besegregated at the precinct and then combined with the totals for the county.

(b) Included in precinct, district, county or statetotals for other electoral purposes.

5. The Secretary of State may, in a manner consistentwith the election laws of this State, adopt regulations to effectuate thepurposes of this section.

(Added to NRS by 2001, 1954)

 

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