Nrs: Chapter 298 - Presidential Electors And Elections


Published: 2015

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CHAPTER 298 - PRESIDENTIAL ELECTORS AND

ELECTIONS

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

NRS 298.005           Short

title.

NRS 298.010           Time

when chosen; number. [Repealed.]

NRS 298.015           Definitions.

NRS 298.020           Selection

of party’s nominees. [Repealed.]

NRS 298.023           “Alternate”

defined.

NRS 298.025           Nominees

of candidates who receive highest number of votes at general election become

presidential electors. [Repealed.]

NRS 298.028           “Nominee

for presidential elector” defined.

NRS 298.030           Time

when presidential electors required to convene at seat of government.

[Repealed.]

NRS 298.035           Selection

of nominees and alternates for presidential elector.

NRS 298.040           Filling

vacancy upon death or absence of presidential elector. [Repealed.]

NRS 298.045           Nominees

and alternates for presidential elector required to sign pledge.

NRS 298.050           Convening

and voting for President and Vice President. [Repealed.]

NRS 298.055           Certificate

of ascertainment.

NRS 298.060           Presidential

electors to use separate ballots. [Repealed.]

NRS 298.065           Meeting

of presidential electors; nominees whose candidates receive highest number of

votes become presidential electors; procedures for filling vacancies; pledge of

presidential electors selected at meeting.

NRS 298.070           Lists

of persons voted for and number of votes; certification; transmission to

President of the Senate. [Repealed.]

NRS 298.075           Voting

for President and Vice President; procedures when presidential elector acts

contrary to pledge; recording of votes.

NRS 298.080           Proceedings

of presidential electors to conform to United States Constitution and laws.

[Repealed.]

NRS 298.085           Amended

certificate of ascertainment.

NRS 298.089           Uniformity

of application and construction.

PRESIDENTIAL ELECTIONS

NRS 298.109           Nomination

of independent candidates for President and Vice President; challenge to

candidacy.

NRS 298.250           Voting

by former residents; regulations.

NRS 298.259           Voting

by new residents; regulations.

_________

_________

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

      NRS 298.005  Short title.  NRS 298.005 to 298.089,

inclusive, may be cited as the Uniform Faithful Presidential Electors Act.

      (Added to NRS by 2013, 1230)

      NRS 298.010  Time when chosen; number.  Repealed.

(See chapter 270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.015  Definitions.  As used

in NRS 298.005 to 298.089,

inclusive, the words and terms defined in NRS 298.023

and 298.028 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2013, 1230)

      NRS 298.020  Selection of party’s nominees.  Repealed.

(See chapter 270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.023  “Alternate” defined.  “Alternate”

means a person selected pursuant to NRS 298.035 to

be an alternate to a nominee for presidential elector.

      (Added to NRS by 2013, 1230)

      NRS 298.025  Nominees of candidates who receive highest number of votes at

general election become presidential electors.  Repealed.

(See chapter 270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.028  “Nominee for presidential elector” defined.  “Nominee for presidential elector” means a

person selected pursuant to NRS 298.035 to be a

nominee to the position of presidential elector by a major political party, a

minor political party or an independent candidate nominated for the office of

President pursuant to NRS 298.109.

      (Added to NRS by 2013, 1230)

      NRS 298.030  Time when presidential electors required to convene at seat of

government.  Repealed. (See chapter

270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.035  Selection of nominees and alternates for presidential elector.

      1.  Each major political party shall, at

the state convention of the major political party held in that year, select

from the qualified electors who are legally registered members of the major

political party:

      (a) A nominee to the position of presidential

elector; and

      (b) An alternate to the nominee for presidential

elector,

Ê for each

position of presidential elector required by law.

      2.  Each minor political party shall choose

from the qualified electors who are legally registered members of the minor

political party:

      (a) A nominee to the position of presidential

elector; and

      (b) An alternate to the nominee for presidential

elector,

Ê for each

position of presidential elector required by law. The person who is authorized

to file the list of candidates for partisan office of the minor political party

with the Secretary of State pursuant to NRS

293.1725 shall, not later than the last Tuesday in August, submit to the

Secretary of State the list of nominees for presidential elector and

alternates.

      3.  Each independent candidate nominated

for the office of President pursuant to NRS 298.109

shall, at the time of filing the petition as required pursuant to subsection 1

of NRS 298.109, or within 10 days thereafter,

choose from the qualified electors:

      (a) A nominee to the position of presidential

elector; and

      (b) An alternate to the nominee for presidential

elector,

Ê for each

position of presidential elector required by law.

      (Added to NRS by 2013, 1230;

A 2013,

2415)

      NRS 298.040  Filling vacancy upon death or absence of presidential elector.  Repealed. (See chapter 270, Statutes of Nevada

2013, at page 1234.)

 

      NRS 298.045  Nominees and alternates for presidential elector required to

sign pledge.

      1.  Except as otherwise provided in

subsection 2, a nominee for presidential elector or an alternate may not serve

as a presidential elector unless the nominee for presidential elector or the

alternate signs a pledge in substantially the following form:

 

If selected for the position of

presidential elector, I agree to serve as such and to vote only for the

nominees for President and Vice President of the political party or the

independent candidates who received the highest number of votes in this State

at the general election.

 

      2.  If a nominee for presidential elector

or an alternate is physically unable to sign the pledge, the pledge may be

signed by proxy in the presence of the nominee for presidential elector or the

alternate, as applicable.

      3.  The chair and secretary of the

convention of a major political party, the person who is authorized to file the

list of candidates for partisan office of a minor political party with the

Secretary of State pursuant to NRS

293.1725 or an independent candidate shall submit to the Secretary of State

each pledge signed pursuant to this section with the list of nominees for

presidential elector and alternates.

      (Added to NRS by 2013, 1231)

      NRS 298.050  Convening and voting for President and Vice President.  Repealed. (See chapter 270, Statutes of Nevada

2013, at page 1234.)

 

      NRS 298.055  Certificate of ascertainment.  The

certificate of ascertainment submitted to the Archivist of the United States

pursuant to 3 U.S.C. § 6 must include a statement that:

      1.  Each nominee for presidential elector

shall serve as a presidential elector unless a vacancy occurs in the position

of presidential elector held by that nominee for presidential elector before

the conclusion of the meeting of presidential electors held pursuant to 3

U.S.C. § 7; and

      2.  If a person is appointed pursuant to NRS 298.065 to fill a vacancy in a position of

presidential elector, the Secretary of State will submit an amended certificate

of ascertainment to the Archivist.

      (Added to NRS by 2013, 1231)

      NRS 298.060  Presidential electors to use separate ballots.  Repealed. (See chapter 270, Statutes of Nevada

2013, at page 1234.)

 

      NRS 298.065  Meeting of presidential electors; nominees whose candidates

receive highest number of votes become presidential electors; procedures for

filling vacancies; pledge of presidential electors selected at meeting.

      1.  The Secretary of State shall preside at

the meeting of presidential electors held pursuant to 3 U.S.C. § 7. Except as

otherwise provided in this section and NRS 298.075,

the nominees for presidential elector whose candidates for President and Vice

President receive the highest number of votes in this State at the general

election are the presidential electors.

      2.  If a nominee for presidential elector

is not present to vote at the meeting, the position of presidential elector to

be filled by that nominee for presidential elector is vacant and the vacancy

must be filled as follows:

      (a) If the alternate is present at the meeting,

the Secretary of State shall appoint the alternate to the position of

presidential elector;

      (b) If the alternate is not present at the

meeting, the Secretary of State shall appoint to the position of presidential

elector a person chosen by lot from among the alternates present at the

meeting, if any;

      (c) If no alternates are present at the meeting,

the Secretary of State shall appoint to the position of presidential elector a

person who is:

             (1) A qualified elector;

             (2) Present at the meeting; and

             (3) Chosen through nomination by and

plurality vote of presidential electors who are present at the meeting; and

      (d) If votes cast pursuant to subparagraph (3) of

paragraph (c) result in a tie, the Secretary of State shall appoint to the position

of presidential elector a person who is chosen by lot from those persons who

tied for the most votes.

      3.  If all the positions of presidential

elector are vacant and no alternates are present at the meeting, the Secretary

of State shall appoint from the qualified electors one person to the position

of presidential elector, and the remaining positions must be filled pursuant to

paragraphs (c) and (d) of subsection 2.

      4.  The nomination by and vote of a single

presidential elector is sufficient to choose a person to be appointed to the

position of presidential elector pursuant to subparagraph (3) of paragraph (c)

of subsection 2.

      5.  Except as otherwise provided in

subsection 6, a person appointed to the position of presidential elector

pursuant to this section may not serve in that position unless the person signs

a pledge in substantially the following form:

 

I agree to serve as a presidential

elector and to vote only for the nominees for President and Vice President of

the party or the independent candidates who received the highest number of

votes in this State at the general election.

 

      6.  If a person appointed to the position

of presidential elector pursuant to this section is physically unable to sign

the pledge, the pledge may be signed by proxy.

      7.  If a person appointed to a position of

presidential elector pursuant to this section does not sign the pledge

described in subsection 5, that position of presidential elector is vacant and

must be filled pursuant to this section.

      (Added to NRS by 2013, 1231)

      NRS 298.070  Lists of persons voted for and number of votes; certification;

transmission to President of the Senate.  Repealed.

(See chapter 270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.075  Voting for President and Vice President; procedures when presidential

elector acts contrary to pledge; recording of votes.

      1.  The Secretary of State shall provide to

each presidential elector a ballot for the office of President and a ballot for

the office of Vice President. The presidential elector shall mark the

applicable ballot provided by the Secretary of State for the person who

received the highest number of votes at the general election for the office of

President and the person who received the highest number of votes at the

general election for the office of Vice President. The presidential elector

shall sign and legibly print his or her name on the ballots and present the

ballots to the Secretary of State.

      2.  After all presidential electors have

presented their ballots to the Secretary of State, the Secretary of State shall

examine each ballot. If a presidential elector:

      (a) Presents both ballots and the ballots are

marked with votes for the person who received the highest number of votes at

the general election for the office of President and the person who received

the highest number of votes at the general election for the office of Vice

President, respectively, the Secretary of State shall accept both ballots.

      (b) Does not present both ballots, presents an

unmarked ballot or presents a ballot marked with a vote that does not conform

with the provisions of subsection 1:

             (1) The Secretary of State shall refuse to

accept either ballot of the presidential elector; and

             (2) The Secretary of State shall deem the

presidential elector’s position vacant. The vacancy must be filled pursuant to

the provisions of NRS 298.065. The person appointed

to fill the vacancy in the position of presidential elector, after signing the

pledge described in NRS 298.065, shall mark both

ballots and present both ballots to the Secretary of State pursuant to this

section.

      3.  Only the votes accepted by the

Secretary of State pursuant to this section may be recorded on the lists of

votes made by the presidential electors pursuant to 3 U.S.C. § 9.

      (Added to NRS by 2013, 1232)

      NRS 298.080  Proceedings of presidential electors to conform to United States

Constitution and laws.  Repealed.

(See chapter 270, Statutes of Nevada 2013, at page 1234.)

 

      NRS 298.085  Amended certificate of ascertainment.  If

the presidential electors whose votes are accepted by the Secretary of State

pursuant to NRS 298.075 are not the same persons

indicated on the certificate of ascertainment submitted to the Archivist of the

United States pursuant to 3 U.S.C. § 6, the Secretary of State shall:

      1.  Prepare an amended certificate of

ascertainment that contains the names of persons who served as presidential

electors; and

      2.  Communicate to the Archivist of the

United States the amended certificate of ascertainment and a statement that the

amended certificate is to replace the certificate of ascertainment previously

submitted to the Archivist.

      (Added to NRS by 2013, 1233)

      NRS 298.089  Uniformity of application and construction.  In applying and construing the provisions of NRS 298.005 to 298.089,

inclusive, consideration must be given to the need to promote uniformity of the

law with respect to its subject matter among states that have enacted the

Uniform Faithful Presidential Electors Act.

      (Added to NRS by 2013, 1233)

PRESIDENTIAL ELECTIONS

      NRS 298.109  Nomination of independent candidates for President and Vice

President; challenge to candidacy.

      1.  A person who desires to be an

independent candidate for the office of President of the United States must,

not later than 5 p.m. on the second Friday in August in each year in which a

presidential election is to be held, pay a filing fee of $250 and file with the

Secretary of State a declaration of candidacy and a petition of candidacy, in

which the person must also designate a nominee for Vice President. The petition

must be signed by a number of registered voters equal to not less than 1

percent of the total number of votes cast at the last preceding general

election for candidates for the offices of Representative in Congress and must

request that the names of the proposed candidates be placed on the ballot at

the general election that year. The candidate shall file a copy of the petition

the person intends to circulate for signatures with the Secretary of State.

      2.  The petition may consist of more than

one document. Each document must bear the name of a county and only registered

voters of that county may sign the document. The documents which are circulated

for signature in a county must be submitted to that county clerk for

verification in the manner prescribed in NRS

293.1276 to 293.1279, inclusive,

not later than 25 working days before the last day to file the petition of

candidacy with the Secretary of State pursuant to subsection 1. Each person

signing shall add to his or her signature the address of the place at which he

or she resides, the date that he or she signs and the name of the county

wherein he or she is registered to vote. Each document of the petition must

also contain the affidavit of the person who circulated the document that all

signatures thereon are genuine to the best of the person’s knowledge and belief

and were signed in his or her presence by persons registered to vote in that

county.

      3.  If the candidacy of any person who

seeks to qualify pursuant to this section is challenged, all affidavits and

documents in support of the challenge must be filed with the First Judicial

District Court not later than 5 p.m. on the fourth Tuesday in August. Any

judicial proceeding relating to the challenge must be set for hearing not later

than 5 days after the fourth Tuesday in August.

      4.  The county clerk shall not disqualify

the signature of a voter who fails to provide all the information required by

this section if the voter is registered in the county named on the document.

      (Added to NRS by 1979, 404; A 1983, 1289; 1985, 270; 1987, 1375; 1989, 2173; 1993, 2670; 1999, 3561; 2013, 1233)

      NRS 298.250  Voting by former residents; regulations.

      1.  If a former resident of the State of

Nevada otherwise qualified to vote in another state in any election for

President and Vice President of the United States has commenced his or her

residence in the other state after the 30th day next preceding that election

and for this reason does not satisfy the requirements for registration in the

other state, the former resident may vote for President and Vice President only

in that election:

      (a) In person in the county of the State of

Nevada which was his or her former residence, if the former resident is

otherwise qualified to vote there; or

      (b) By absent ballot in the county of the State

of Nevada which was his or her former residence, if the former resident is

otherwise qualified to vote there and complies with the applicable requirements

of NRS 293.310 to 293.340, inclusive.

      2.  The Secretary of State may, in a manner

consistent with the election laws of this State, adopt regulations to

effectuate the purposes of this section.

      (Added to NRS by 1971, 261; A 1983, 1290; 2001, 1954)

      NRS 298.259  Voting by new residents; regulations.

      1.  If a new resident of the State of

Nevada otherwise qualified to vote in another state in any election for President

and Vice President of the United States has commenced his or her residence in

this State after the 30th day next preceding that election and for this reason

does not satisfy the requirements for registration in this State, the new

resident may vote for President and Vice President in this State.

      2.  If a new resident of the State of

Nevada wishes to vote for the President and Vice President of the United States

pursuant to this section, the new resident must:

      (a) Apply to the county clerk for the appropriate

ballot using the form prescribed by the Secretary of State; and

      (b) Vote only in the office of the county clerk

during regular office hours.

      3.  A county clerk, upon receipt of an

application pursuant to this section, shall provide the applicant a ballot and

any other materials necessary to vote only for President and Vice President of

the United States.

      4.  A vote cast pursuant to this section

must not be:

      (a) Combined with the total of a precinct but

must be segregated at the precinct and then combined with the totals for the

county.

      (b) Included in precinct, district, county or

state totals for other electoral purposes.

      5.  The Secretary of State may, in a manner

consistent with the election laws of this State, adopt regulations to effectuate

the purposes of this section.

      (Added to NRS by 2001, 1954)

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