Nev. Rev. Stat. § 293.165

Procedure for filling certain vacancies in major or minor political party nomination or nonpartisan nomination; deadline for making changes to general election ballot

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NRS 293.165 Procedure for filling certain vacancies in major or minor political party nomination or nonpartisan nomination; deadline for making changes to general election ballot.

1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

2. A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee required by NRS 293.193 after 8 a.m. on the third Monday in June, or if the third Monday in June is a legal holiday, on the day immediately following the third Monday in June, and before 5 p.m. on the fourth Friday in July.

3. If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:

(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.

(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

4. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:

(a) A nominee dies or is adjudicated insane or mentally incompetent; or

(b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

5. Each designation of a candidate provided for in this section must be filed with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 before 5 p.m. on the date the designation is filed.

(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432; 2009, 1259; 2011, 3275; 2013, 1178, 2370; 2015, 3572; 2019, 3371; 2023, 1464)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1971–2022 · leading case: STATE DEMOCRATIC PARTY v. Republican Party

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STATE DEMOCRATIC PARTY v. Republican Party (2011) nev · cites it 33× “240(1), he or she had to have been designated as such by the party's central committee pursuant to NRS 293.165. This appeal followed, which we have expedited to accommodate the special election schedule.”

Lueck v. Teuton (2009) nev · cites it 10× “See NRS 293.165; Penrose, 48 Nev. at 423 , 233 P.”

Chattah v. Cegavske (Ballot Issue) (2022) nev · cites it 2× “182(1) (providing a deadline for an elector to challenge a person's qualifications for an office); see also NRS 293.165(4) (stating, in the context of procedures to fill vacancies in nominations, that "[n]o change may be made on the ballot for the general election after 5 p.”

State ex rel. Springer v. Koontz (1971) nev · cites it 2× “1 NRS 293.165(1) (a) provides: “A vacancy occurring in a *112 party nomination for office may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be, where: “(a) The nominee dies after the primary…”

— Nev. Rev. Stat. § 293.165(1) — 2 cases

STATE DEMOCRATIC PARTY v. Republican Party (2011) nev “240(1), he or she had to have been designated as such by the party's central committee pursuant to NRS 293.165. This appeal followed, which we have expedited to accommodate the special election schedule.”

State ex rel. Springer v. Koontz (1971) nev “1 NRS 293.165(1) (a) provides: “A vacancy occurring in a *112 party nomination for office may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be, where: “(a) The nominee dies after the primary…”

— Nev. Rev. Stat. § 293.165(2) — 1 case

Lueck v. Teuton (2009) nev “See NRS 293.165; Penrose, 48 Nev. at 423 , 233 P.”

— Nev. Rev. Stat. § 293.165(4) — 2 cases

Lueck v. Teuton (2009) nev “See NRS 293.165; Penrose, 48 Nev. at 423 , 233 P.”

Chattah v. Cegavske (Ballot Issue) (2022) nev “182(1) (providing a deadline for an elector to challenge a person's qualifications for an office); see also NRS 293.165(4) (stating, in the context of procedures to fill vacancies in nominations, that "[n]o change may be made on the ballot for the general election after 5 p.”

— Nev. Rev. Stat. § 293.165(l) — 1 case

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