[Rev. 6/10/2014 4:47:30 PM]

[NAC-306 Revised Date: 6-14]

CHAPTER 306 - RECALL OF PUBLIC OFFICERS

NOTICE OF INTENT TO CIRCULATE PETITION FOR RECALL

306.005††††††††††† Restriction on time of filing.

306.007††††††††††† Notification of public officer to be recalled, county clerk and Secretary of State.

PETITION TO RECALL PUBLIC OFFICER

306.010††††††††††† Request to strike signature from petition: Requirements for submission.

306.012††††††††††† Request to strike signature from petition: Notification of county clerk of receipt by Secretary of State; procedure for verification of signature; determination of legal sufficiency.

306.014††††††††††† Removal of signature from petition: Notification of county clerk; effect on legal sufficiency.

306.018††††††††††† Notification of filing officer and public officer to be recalled of submission of petition for signature verification.

306.020††††††††††† Verification by county clerk of number of signatures; notification of Secretary of State.

306.021††††††††††† Notification that number of signatures is sufficient deemed complete upon mailing by Secretary of State.

306.022††††††††††† Correction of clerical error.

306.023††††††††††† Notification of public officer to be recalled of filing of petition.

306.025††††††††††† Notification of Secretary of State by county clerk of special election.

306.040††††††††††† Complaint to challenge petition: Form of case caption.

MISCELLANEOUS PROVISIONS

306.045††††††††††† Copy of petition to nominate other candidates to be filed with filing officer.

306.050††††††††††† Candidate nominated as successor: Withdrawal of candidacy.

 

 

 

NOTICE OF INTENT TO CIRCULATE PETITION FOR RECALL

††††† NAC 306.005  Restriction on time of filing. (NRS 306.011)  A notice of intent to circulate a petition to recall a public officer pursuant to subsection 1 of NRS 306.015 may not be filed during the period the circulation or filing of the petition to recall the public officer is prohibited pursuant to Section 9 of Article 2 of the Constitution of the State of Nevada.

†††† (Added to NAC by Secíy of State, eff. 3-15-96)

††††† NAC 306.007  Notification of public officer to be recalled, county clerk and Secretary of State. (NRS 306.011)

†††† 1.  The filing officer with whom a public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a notice of intent is filed pursuant to subsection 1 of NRS 306.015. If the filing officer is not the county clerk, the filing officer shall also notify the county clerk, in writing, within 2 days after the notice of intent is filed.

†††† 2.  Within 1 working day after the county clerk receives a notice of intent to circulate a petition to recall a public officer, the county clerk shall deliver a copy of the notice to the Secretary of State.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98; A by R183-01, 5-10-2002)

PETITION TO RECALL PUBLIC OFFICER

††††† NAC 306.010  Request to strike signature from petition: Requirements for submission. (NRS 306.011)  A person who requests the Secretary of State to strike the personís signature from a petition to recall a public officer pursuant to NRS 306.040 must submit the request in writing to the Secretary of State. The request:

†††† 1.  Will not be accepted by the Secretary of State:

†††† (a) Before the day after the Secretary of State provides the notification required by NRS 293.1278 regarding that petition.

†††† (b) After 5 p.m. on the day before the call for the special election is issued regarding that petition.

†††† (c) If the request is submitted to the Secretary of State by electronic mail.

†††† (d) If the Secretary of State is unable to determine the name of the person requesting the removal.

†††† (e) The signature of the person on the request does not match the signature or a facsimile thereof on the personís original application to register to vote.

†††† 2.  May be transmitted to the Secretary of State by facsimile machine.

†††† 3.  Must contain the original signature of the person who requests the Secretary of State to strike the personís signature from the petition.

†††† (Added to NAC by Secíy of State, eff. 3-22-94; A 3-15-96; R217-97, 5-26-98; R111-11, 12-30-2011)

††††† NAC 306.012  Request to strike signature from petition: Notification of county clerk of receipt by Secretary of State; procedure for verification of signature; determination of legal sufficiency. (NRS 306.011)

†††† 1.  If the Secretary of State receives a request to strike a name from a petition to recall a public officer pursuant to subsection 2 of NRS 306.040, the Secretary of State will notify the appropriate county clerk by facsimile machine.

†††† 2.  The county clerk shall verify whether the person requesting that his or her name be stricken from a petition signed the petition, by sending to the Secretary of State, by facsimile machine, a copy of the page of the petition where the personís name appears. Upon receipt of the copy of the page of the petition, the Secretary of State will compare the signature on the petition to the signature on the request to have the personís name stricken from the petition to verify that the person requesting his or her name be stricken from the petition is the same person who signed the petition.

†††† 3.  The county clerk shall verify whether the signature of the person requesting that his or her name be stricken from a petition was counted by the clerk in making the determination that the petition contained the proper number of signatures to be legally sufficient by checking his or her records and informing the Secretary of State of the determination in writing or by telephone.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98)

††††† NAC 306.014  Removal of signature from petition: Notification of county clerk; effect on legal sufficiency. (NRS 306.011)  If signatures are stricken from a petition to recall a public officer pursuant to subsection 2 of NRS 306.040, the Secretary of State will notify the appropriate county clerk. The removal of names from a petition pursuant to subsection 2 of NRS 306.040 after the fifth business day after the Secretary of State completes the notification required by subsection 1 of NRS 306.040 does not affect the legal sufficiency of the petition.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98)

††††† NAC 306.018  Notification of filing officer and public officer to be recalled of submission of petition for signature verification. (NRS 306.011)  The filing officer with whom the public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a petition to recall that public officer was submitted for signature verification pursuant to subsection 3 of NRS 306.015.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98; R086-00, 8-22-2000)

††††† NAC 306.020  Verification by county clerk of number of signatures; notification of Secretary of State. (NRS 306.011)

†††† 1.  A county clerk may, after determining the total number of signatures contained in a petition to recall a public officer pursuant to NRS 293.1276, notify the Secretary of State by telephone of the number of signatures contained in the petition. The clerk shall mail to the Secretary of State written confirmation of the number of signatures contained in the petition within 1 day after the clerk notifies the Secretary of State by telephone.

†††† 2.  A county clerk may, after verifying the number of signatures contained in a petition to recall a public officer pursuant to NRS 293.1277, notify the Secretary of State by telephone of the number of verified signatures contained in the petition.

†††† (Added to NAC by Secíy of State, eff. 3-22-94)

††††† NAC 306.021  Notification that number of signatures is sufficient deemed complete upon mailing by Secretary of State. (NRS 306.011)  The notice that is required by subsection 1 of NRS 306.040 shall be deemed completed when the Secretary of State mails the notices with a correct address and the correct amount of postage attached.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98)

††††† NAC 306.022  Correction of clerical error. (NRS 306.011)

†††† 1.  If the county clerk makes a clerical error regarding a petition to recall a public officer, the county clerk may correct the error before filing, pursuant to subsection 4 of NRS 306.015, the petition with the filing officer with whom the public officer to be recalled filed his or her declaration of candidacy.

†††† 2.  If the county clerk chooses to correct the error, he or she shall:

†††† (a) Notify the persons who filed the notice of intent pursuant to subsection 1 of NRS 306.015, the public officer to be recalled and the Secretary of State of the substance of the error;

†††† (b) Inform the persons specified in paragraph (a) of the correct information or procedure; and

†††† (c) Prepare a certificate of error, attach it to the corrected document and provide a copy of the certificate to each of the persons specified in paragraph (a).

†††† 3.  Correction of a clerical error by a county clerk does not affect the deadlines concerning the process of recalling a public officer set forth in chapter 306 of NRS.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98)

††††† NAC 306.023  Notification of public officer to be recalled of filing of petition. (NRS 306.011)  The filing officer with whom a public officer to be recalled filed his or her declaration of candidacy shall notify that public officer, in writing, within 2 days after a petition to recall a public officer is filed pursuant to subsection 4 of NRS 306.015.

†††† (Added to NAC by Secíy of State by R217-97, eff. 5-26-98)

††††† NAC 306.025  Notification of Secretary of State by county clerk of special election. (NRS 306.011)  If a county clerk or city clerk is the officer with whom a petition to recall a public officer is filed pursuant to subsection 4 of NRS 306.015, the county clerk or city clerk shall, within 3 days after:

†††† 1.  The Secretary of State completes the notification required by subsection 1 of NRS 306.040; or

†††† 2.  The county clerk or city clerk receives a court order pursuant to subsection 6 of NRS 306.040 to call a special election,

  provide the Secretary of State with written notification of the date the county clerk or city clerk will issue the call for a special election and the date the special election will be held.

†††† (Added to NAC by Secíy of State, eff. 3-15-96; A by R086-00, eff. 8-22-2000)

††††† NAC 306.040  Complaint to challenge petition: Form of case caption. (NRS 306.011)  The case caption for each complaint to challenge a petition for the recall of a public officer filed pursuant to NRS 306.040 must name as the plaintiff in the case the public officer who is the subject of the petition for recall. The caption must also name as the defendants in the case:

†††† 1.  The officer with whom the petition was filed, in his or her official capacity; and

†††† 2.  The three registered voters who signed the notice of intent to circulate the petition pursuant to NRS 306.015, as real parties in interest.

†††† (Added to NAC by Secíy of State, eff. 6-28-94)

MISCELLANEOUS PROVISIONS

††††† NAC 306.045  Copy of petition to nominate other candidates to be filed with filing officer. (NRS 306.011)

†††† 1.  Before a petition to nominate other candidates for office described in NRS 306.110 may be presented to registered voters for their signatures, a copy of the petition must be placed on file with the officer with whom the petition to recall is filed.

†††† 2.  A petition to nominate other candidates for office may not be filed pursuant to subsection 2 of NRS 306.110 before the petition to recall a public officer is filed with the filing officer.

†††† (Added to NAC by Secíy of State by R130-13, eff. 2-26-2014)

††††† NAC 306.050  Candidate nominated as successor: Withdrawal of candidacy. (NRS 306.011)  A candidate for office nominated pursuant to NRS 306.110 may withdraw his or her candidacy by presenting his or her written withdrawal of candidacy in person to the officer who receives the filings for candidacy for that office not later than 19 days before the date of the special election.

†††† (Added to NAC by Secíy of State, eff. 3-15-96; A by R013-00, 4-4-2000)