TrustVoting Atlas

Declaration of candidacy: Filing required; fee; filing period;
form; contents; submission and retention of proof of identity, address and
residency; appointment of agent for service of process; constitutes public
record; investigation and challenge of candidates; unlawful for candidates to
make certain false statements.

1.  Except as otherwise provided in NRS 293C.190, a name may not be printed
on a ballot to be used at a primary or general city election unless the person
named has, in accordance with NRS 293C.145
or 293C.175, as applicable, timely
filed a declaration of candidacy with the appropriate filing officer and paid
the filing fee established by the governing body of the city.

2.  A declaration of candidacy required to
be filed pursuant to this chapter must be in substantially the following form:



Declaration of Candidacy of ........ for the

Office of ................



State of Nevada



City of.............................. 



For the purpose of having my name placed
on the official ballot as a candidate for the office of .................., I,
.................., the undersigned do swear or affirm under penalty of perjury
that I actually, as opposed to constructively, reside at .................., in
the City or Town of .................., County of .................., State of
Nevada; that my actual, as opposed to constructive, residence in the city,
township or other area prescribed by law to which the office pertains began on
a date at least 30 days immediately preceding the date of the close of filing
of declarations of candidacy for this office; that my telephone number is
.................., and the address at which I receive mail, if different than
my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the
Constitution of the State of Nevada; that I am registered to vote in the City
or Town of .................., County of .................., State of Nevada;
that if I have ever been convicted of treason or a felony, my civil rights have
been restored; that if nominated as a candidate at the ensuing election I will
accept the nomination and not withdraw; that I will not knowingly violate any
election law or any law defining and prohibiting corrupt and fraudulent
practices in campaigns and elections in this State; that I will qualify for the
office if elected thereto, including, but not limited to, complying with any
limitation prescribed by the Constitution and laws of this State concerning the
number of years or terms for which a person may hold the office; that I
understand that knowingly and willfully filing a declaration of candidacy which
contains a false statement is a crime punishable as a gross misdemeanor and
also subjects me to a civil action disqualifying me from entering upon the
duties of the office; and that I understand that my name will appear on all
ballots as designated in this declaration.



............................................................................... 

(Designation
of name)



............................................................................... 

(Signature
of candidate for office)



Subscribed and sworn to before me 

this ...... day of the month of
...... of the year ......



.................................................................. 

Notary
Public or other person

authorized to administer an oath



3.  The address of a candidate that must be
included in the declaration of candidacy pursuant to subsection 2 must be the
street address of the residence where the candidate actually, as opposed to
constructively, resides in accordance with NRS
281.050, if one has been assigned. The declaration of candidacy must not be
accepted for filing if the candidate fails to comply with the following
provisions of this subsection or, if applicable, the provisions of subsection
4:

(a) The candidate shall not list the candidate’s
address as a post office box unless a street address has not been assigned to
the residence; and

(b) Except as otherwise provided in subsection 4,
the candidate shall present to the filing officer:

(1) A valid driver’s license or
identification card issued by a governmental agency that contains a photograph
of the candidate and the candidate’s residential address; or

(2) A current utility bill, bank
statement, paycheck, or document issued by a governmental entity, including a
check which indicates the candidate’s name and residential address, but not
including a voter registration card.

4.  If the candidate executes an oath or
affirmation under penalty of perjury stating that the candidate is unable to
present to the filing officer the proof of residency required by subsection 3
because a street address has not been assigned to the candidate’s residence or
because the rural or remote location of the candidate’s residence makes it
impracticable to present the proof of residency required by subsection 3, the
candidate shall present to the filing officer:

(a) A valid driver’s license or identification
card issued by a governmental agency that contains a photograph of the
candidate; and

(b) Alternative proof of the candidate’s
residential address that the filing officer determines is sufficient to verify
where the candidate actually, as opposed to constructively, resides in
accordance with NRS 281.050. The
Secretary of State may adopt regulations establishing the forms of alternative
proof of the candidate’s residential address that the filing officer may accept
to verify where the candidate actually, as opposed to constructively, resides
in accordance with NRS 281.050.

5.  The filing officer shall retain a copy
of the proof of identity and residency provided by the candidate pursuant to
subsection 3 or 4. Except for any information required to be kept confidential
pursuant to NRS 293.906, such a copy:

(a) May not be withheld from the public; and

(b) Must not contain the social security number,
driver’s license or identification card number or account number of the
candidate.

6.  By filing the declaration of candidacy,
the candidate shall be deemed to have appointed the city clerk as his or her
agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process
must first be attempted at the appropriate address as specified by the
candidate in the declaration of candidacy. If the candidate cannot be served at
that address, service must be made by personally delivering to and leaving with
the city clerk duplicate copies of the process. The city clerk shall
immediately send, by registered or certified mail, one of the copies to the
candidate at the specified address, unless the candidate has designated in
writing to the city clerk a different address for that purpose, in which case
the city clerk shall mail the copy to the last address so designated.

7.  Except for any information required to
be kept confidential pursuant to NRS 293.906,
a declaration of candidacy filed pursuant to this section is a public record
and the filing officer shall make the declaration of candidacy available to the
public in an electronic format.

8.  If the city clerk receives credible
evidence indicating that a candidate has been convicted of a felony and has not
had his or her civil rights restored, the city clerk:

(a) May conduct an investigation to determine
whether the candidate has been convicted of a felony and, if so, whether the
candidate has had his or her civil rights restored; and

(b) Shall transmit the credible evidence and the
findings from such investigation to the city attorney.

9.  The receipt of information by the city
attorney pursuant to subsection 8 must be treated as a challenge of a candidate
pursuant to subsections 4 and 5 of NRS
293C.186 to which the provisions of NRS
293.2045 apply.

10.  Any person who knowingly and willfully
files a declaration of candidacy which contains a false statement in violation
of this section is guilty of a gross misdemeanor.