§ NRS § 293C.186Written challenges concerning qualifications of candidates; enforcement in preelection actions

Written challenges concerning qualifications of candidates;
enforcement in preelection actions.

1.  After a person files a declaration of
candidacy to be a candidate for an office, and not later than 5 days after the
last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with
the city clerk a written challenge of the person on the grounds that the person
fails to meet any qualification required for the office pursuant to the
Constitution or laws of this State. Before accepting the challenge from the
elector, the filing officer shall notify the elector that if the challenge is
found by a court to be frivolous, the elector may be required to pay the
reasonable attorney’s fees and court costs of the person who is being
challenged. 

2.  A challenge filed pursuant to
subsection 1 must:

(a) Indicate each qualification the person fails
to meet;

(b) Have attached all documentation and evidence
supporting the challenge; and

(c) Be in the form of an affidavit, signed by the
elector under penalty of perjury.

3.  Upon receipt of a challenge pursuant to
subsection 1, the city clerk shall immediately transmit the challenge to the
city attorney.

4.  If the city attorney determines that
probable cause exists to support the challenge, the city attorney shall, not
later than 5 working days after receiving the challenge, petition a court of
competent jurisdiction to order the person to appear before the court. Upon
receipt of such a petition, the court shall enter an order directing the person
to appear before the court at a hearing, at a time and place to be fixed by the
court in the order, to show cause why the challenge is not valid. A certified
copy of the order must be served upon the person. The court shall give priority
to such proceedings over all other matters pending with the court, except for
criminal proceedings.

5.  If, at the hearing, the court
determines by a preponderance of the evidence that the challenge is valid or
that the person otherwise fails to meet any qualification required for the
office pursuant to the Constitution or laws of this State, or if the person
fails to appear at the hearing, the person is subject to the provisions of NRS 293.2045.

6.  If, at the hearing, the court
determines that the challenge is frivolous, the court may order the elector who
filed the challenge to pay the reasonable attorney’s fees and court costs of
the person who was challenged.