[Rev. 11/21/2013 10:49:06 AM--2013]

CHAPTER 306 - RECALL OF PUBLIC OFFICERS

NRS 306.005           Informational pamphlet describing requirements of chapter; fee.

NRS 306.011           Regulations.

NRS 306.015           Contents and filing of notice of intent to circulate petition for recall; penalty for failure to submit timely petition; procedure for removing name from petition; person who signs notice of intent or petition immune from civil liability for certain conduct.

NRS 306.017           Employment of independent legal counsel to provide advice concerning recall of public officer who is legal adviser.

NRS 306.020           Public officers subject to recall from office; contents of petition for recall.

NRS 306.025           Misrepresenting intent or content of petition for recall prohibited; penalty.

NRS 306.030           Petition for recall may consist of number of copies; verification.

NRS 306.035           Signatures must be submitted to county clerk for verification before petition for recall may be filed.

NRS 306.040           Notification that number of signatures is sufficient; striking of names from petition; call for special election; legal challenge.

NRS 306.045           Effect of resignation by officer.

NRS 306.060           Ballots for recall: Printing of officer’s justification; printing of reason for demanding recall and officer’s justification on sample ballot required if mechanical voting system used.

NRS 306.070           Form of proposal on ballots for recall; names of nominees.

NRS 306.080           Vacancy in office created if no other candidates voted upon in special election.

NRS 306.110           Nominating petition for successors; verification of signatures; acceptance of candidacy.

NRS 306.120           Conduct of special election.

NRS 306.130           Applicability of laws governing elections.

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      NRS 306.005  Informational pamphlet describing requirements of chapter; fee.

      1.  The Secretary of State shall prepare an informational pamphlet describing the requirements for filing and circulating a petition to recall a public officer pursuant to this chapter. The pamphlet must include:

      (a) A copy of Section 9 of Article 2 of the Constitution of the State of Nevada;

      (b) A copy of chapter 306 of 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 acceptable format for such a petition; and

      (e) Such other information as the Secretary of State deems necessary.

      2.  A copy of the pamphlet must be distributed to any person who requests such information upon payment of any applicable fee. The Secretary of State may charge a fee for the pamphlet which must not exceed the cost of preparing and printing the pamphlet.

      (Added to NRS by 1993, 2406)

      NRS 306.011  Regulations.  The Secretary of State shall adopt such regulations as are necessary to carry out the provisions of this chapter.

      (Added to NRS by 1993, 2407)

      NRS 306.015  Contents and filing of notice of intent to circulate petition for recall; penalty for failure to submit timely petition; procedure for removing name from petition; person who signs notice of intent or petition immune from civil liability for certain conduct.

      1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.

      2.  The notice of intent:

      (a) Must be signed by three registered voters who actually voted in this State or in the county, district or municipality electing the officer at the last preceding general election.

      (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.

      3.  The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 90 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to submit the petition to the filing officer as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

      4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.

      5.  Any person who signs a petition to recall any public officer may request that the county clerk remove the person’s name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

      6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of the person’s right to participate in the recall of a public officer.

      7.  As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his or her declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

      (Added to NRS by 1975, 1166; A 1985, 1219; 1991, 2214, 2226; 1993, 614, 2407; 1995, 2793; 1997, 766, 3473; 1999, 3562; 2001, 649, 1347, 2969; 2003, 200, 210)

      NRS 306.017  Employment of independent legal counsel to provide advice concerning recall of public officer who is legal adviser.  If a notice of intent to circulate a petition to recall any public officer who is a legal adviser for the State or for a county, district or municipality is filed, the officer with whom the notice is filed may employ independent legal counsel to provide advice concerning the recall, at the expense of the State or the county, district or municipality electing that public officer.

      (Added to NRS by 1985, 1114)

      NRS 306.020  Public officers subject to recall from office; contents of petition for recall.

      1.  Every public officer in the State of Nevada is subject to recall from office by the registered voters of the State or of the county, district or municipality that the public officer represents, as provided in this chapter and Section 9 of Article 2 of the Constitution of the State of Nevada. A public officer who is appointed to an elective office is subject to recall in the same manner as provided for an officer who is elected to that office.

      2.  The petition to recall a public officer may be signed by any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents, regardless of whether the registered voter cast a ballot in the election at which the public officer was elected.

      3.  The petition must, in addition to setting forth the reason why the recall is demanded:

      (a) Contain the residence addresses of the signers and the date that the petition was signed;

      (b) Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      (c) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;

      (d) Include the date that a notice of intent was filed; and

      (e) Have the designation: “Signatures of registered voters seeking the recall of ................ (name of public officer for whom recall 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; 2009, 168)

      NRS 306.025  Misrepresenting intent or content of petition for recall prohibited; penalty.

      1.  A person shall not misrepresent the intent or content of a petition for the recall of a public officer which is circulated pursuant to the provisions of this chapter.

      2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1989, 1062)

      NRS 306.030  Petition for recall may consist of number of copies; verification.

      1.  The petition may consist of any number of copies which are identical in form with the original, except for the name of the county and the signatures and addresses of the residences of the signers. The pages of the petition with the signatures and of any copy must be consecutively numbered. Each page must bear the name of a county, and only registered voters of that county may sign the page.

      2.  Every copy must be verified by the circulator thereof, who shall swear or affirm, before a person authorized by law to administer oaths, that the statements and signatures contained in the petition are true to the best of the circulator’s knowledge and belief. The verification must also contain a statement of the number of signatures being verified by the circulator.

      (Added to NRS by 1960, 282; A 1963, 1386; 1975, 1167; 1985, 1219; 1987, 1375; 1993, 2408; 2003, 1713)

      NRS 306.035  Signatures must be submitted to county clerk for verification before petition for recall may be filed.

      1.  Before a petition to recall a state officer who is elected statewide is filed with the Secretary of State pursuant to subsection 4 of NRS 306.015, each county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within the clerk’s county.

      2.  Before a petition to recall a State Senator, Assemblyman, Assemblywoman or a county, district or municipal officer is filed pursuant to subsection 4 of NRS 306.015, the county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signatures within the clerk’s county.

      3.  If more than one document was circulated, all the documents must be submitted to the clerk at the same time.

      (Added to NRS by 1985, 1114; A 1987, 1376; 1999, 3563)

      NRS 306.040  Notification that number of signatures is sufficient; striking of names from petition; call for special election; legal challenge.

      1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

      2.  After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the Secretary of State to strike the person’s name from the petition. If the person demonstrates good cause therefor and the number of such requests received by the Secretary of State could affect the sufficiency of the petition, the Secretary of State shall strike the name of the person from the petition.

      3.  Not sooner than 10 days nor more than 20 days after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.

      4.  The call for a special election pursuant to subsection 3 or 6 must include, without limitation:

      (a) The last day on which a person may register to vote to qualify to vote in the special election;

      (b) The last day on which a petition to nominate other candidates for the office may be filed; and

      (c) Whether any person is entitled to vote in the special election pursuant to NRS 293.343 to 293.355, inclusive.

      5.  The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      6.  Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.

      (Added to NRS by 1960, 282; A 1963, 1386; 1981, 23; 1985, 1115; 1987, 698, 1376; 1991, 2215; 1993, 2408; 1997, 767; 1999, 3563; 2001, 650; 2011, 2123)

      NRS 306.045  Effect of resignation by officer.  If a public officer who is subject to a recall petition resigns his or her office:

      1.  Before the call for a special election is issued:

      (a) The official with whom the petition to recall is filed shall cease any further proceedings regarding the petition;

      (b) A vacancy occurs in that office; and

      (c) The vacancy thereby 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 1999, 2169)

      NRS 306.060  Ballots for recall: Printing of officer’s justification; printing of reason for demanding recall and officer’s justification on sample ballot required if mechanical voting system used.

      1.  If the officer against whom the petition is filed furnishes no justification of the officer’s course in office, none need appear on the ballot at the election upon the officer’s recall.

      2.  Where a mechanical voting system is used, the reason for demanding the recall of the officer and the officer’s justification need not be printed on the ballot, but must be printed on sample ballots, which must 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 306.070  Form of proposal on ballots for recall; names of nominees.

      1.  If there are no other candidates nominated to be voted for at the special election, there must be printed on the ballot the name of the officer sought to be recalled, the office which he or she holds, and the words “For Recall” and “Against Recall.”

      2.  If there are other candidates nominated for the office to be voted for at the special election, there must be printed upon the ballot the name of the officer sought to be recalled, and the office which he or she holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words “For Recall” and “Against Recall” must be omitted.

      3.  In other respects the ballot must conform with the requirements of this title.

      (Added to NRS by 1960, 283; A 1977, 248; 1985, 1115)

      NRS 306.080  Vacancy in office created if no other candidates voted upon in special election.  If any officer is recalled upon a special election and other candidates are not nominated to be voted for at the special election, the vacancy thereby created must be filled in the manner provided by law.

      (Added to NRS by 1960, 283; A 1981, 23)

      NRS 306.110  Nominating petition for successors; verification of signatures; acceptance of candidacy.

      1.  A petition to nominate other candidates for the office 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 of the number of registered voters who voted in the State, or in the county, district or municipality holding the election at the general election at which the public officer was elected. Each petition may consist of more than one document. Each document must bear the name of one county and must not be signed by a person who is not a registered voter of that county.

      2.  The nominating petition must be filed, at least 20 days before the date of the special election, with the officer with whom the recall petition is filed. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document.

      3.  Each candidate who is nominated for office must file an acceptance of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 or by the governing 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; 1999, 2169)

      NRS 306.120  Conduct of special election.  Any special election must be conducted pursuant to the provisions of:

      1.  Chapter 293 of NRS for primary and general elections.

      2.  Chapter 293C of NRS for primary city elections and general city elections.

      (Added to NRS by 1960, 283; A 1997, 3474)

      NRS 306.130  Applicability of laws governing elections.  The general election laws of this State, so far as applicable, shall apply to all elections held under this chapter.

      (Added to NRS by 1960, 284)