NRS: CHAPTER 298 - PRESIDENTIAL ELECTORS AND ELECTIONS

[Rev. 11/3/2011 4:06:16 PM]

CHAPTER 298 - PRESIDENTIAL ELECTORS AND ELECTIONS

PRESIDENTIAL ELECTORS

NRS 298.010 Time when chosen; number.

NRS 298.020 Selection of party’s nominees.

NRS 298.025 Nominees of candidates who receive highest number of votes at general election become presidential electors.

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

NRS 298.040 Filling vacancy upon death or absence of presidential elector.

NRS 298.050 Convening and voting for President and Vice President.

NRS 298.060 Presidential electors to use separate ballots.

NRS 298.070 Lists of persons voted for and number of votes; certification; transmission to President of the Senate.

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

PRESIDENTIAL ELECTIONS

NRS 298.109 Nomination of independent candidates for President and Vice President; designation of candidate’s nominees for presidential electors; challenge to candidacy.

NRS 298.250 Voting by former residents; regulations.

NRS 298.259 Voting by new residents; regulations.

_________

PRESIDENTIAL ELECTORS

NRS 298.010 Time when chosen; number. In each year when the election 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 the United 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 Selection of party’s nominees.

1. Each major political party in this State, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the major political party held in that year, choose from the qualified electors, who are legally registered members of that political party, the number of presidential electors required by law and no more, who must be nominated by the delegates at the state convention. Upon the nomination thereof, the chair and the secretary of the convention shall certify the names and addresses of the nominees to the Secretary of State, who shall record the names in the Secretary of State’s office as the nominees of that political party for presidential elector.

2. Each minor political party in this State, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall choose from the qualified electors, the number of presidential electors required by law. The person who is authorized to file the list of candidates for partisan office of the minor political party with the Secretary of State pursuant to NRS 293.1725 shall certify the names and addresses of the nominees to the Secretary of State, who shall record the names in the Secretary of State’s office as the nominees of that political party for 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 Nominees of candidates who receive highest number of votes at general election become presidential electors. Presidential electors are not nominated at the primary election or placed upon the general election ballot, but the nominees of the presidential and vice presidential candidates who receive the highest number of votes at the general election thereby become the official presidential electors. The presidential electors shall perform the duties of such electors as required by law and the Constitution of the United States.

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

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

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

NRS 298.040 Filling vacancy upon death or absence of presidential elector. In case of the death or absence of any presidential elector chosen, or if the number of presidential electors shall from any cause be deficient, the national committeewoman, the national committeeman and the state chair of the party whose nominees for President and Vice President received the greatest number of votes in the State at the next preceding general election shall forthwith elect, from the qualified electors of this State registered as affiliated with such prevailing party, as many persons as will supply the deficiency. A majority of such three party officials shall be sufficient to fill such vacancies.

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

NRS 298.050 Convening and voting for President and Vice President. The presidential electors, when convened, shall vote by ballot for one person for President 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 electors shall vote only for the nominees for President and Vice President of the party or the independent candidates that prevailed in this State in the preceding general election.

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

NRS 298.060 Presidential electors to use separate ballots. The presidential electors shall name in their ballots the persons voted for as President, and in distinct 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 Lists of persons voted for and number of votes; certification; transmission to President of the Senate. The presidential electors shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes given for each, which lists they shall sign, certify, seal and transmit to the seat of the Government of the United States, directed to the President of the Senate.

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

NRS 298.080 Proceedings of presidential electors to conform to United States Constitution and laws. In complying with the provisions of NRS 298.050, 298.060 and 298.070, the presidential electors shall, in all respects, proceed conformably to the Constitution of the United 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 Nomination of independent candidates for President and Vice President; designation of candidate’s nominees for presidential electors; challenge to candidacy.

1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President. The petition must be signed by a number of registered voters equal to not less than 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition the person intends to circulate for 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 that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition of candidacy with the Secretary of State pursuant to subsection 1. Each person signing shall add to his or her signature the address of the place at which he or she resides, the date that he or she signs and the name of the county wherein he or she is registered to vote. Each document of the petition must also contain the affidavit of the person who circulated the document that all signatures thereon are genuine to the best of the person’s knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

3. Each independent candidate so nominated for the office of President shall at the time of filing the petition as provided in subsection 1, or within 10 days thereafter, file with the Secretary of State a written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his or her electors, all of whom must then be registered voters. Immediately following receipt of each candidate’s written designation of the candidate’s nominees for electors, the Secretary of State shall record them in the Secretary of State’s office as the nominees for presidential electors of that independent candidate.

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

5. The county clerk shall not disqualify the signature of a voter who fails to provide all the information required by this section if the 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 Voting by former residents; regulations.

1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, the former resident may vote for President and Vice President only in that election:

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

(b) By absent ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.

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

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

NRS 298.259 Voting by new residents; regulations.

1. If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in this State after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this State, the new resident may vote for President and Vice President in this State.

2. If a new resident of the State of Nevada wishes to vote for the President and Vice President of the United States pursuant to this section, the new resident must:

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

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

3. A county clerk, upon receipt of an application pursuant to this section, shall provide the applicant a ballot and any other materials necessary to vote only for President and Vice President of the United States.

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

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

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

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

(Added to NRS by 2001, 1954)