AB491 - Revises provisions relating to elections. (BDR 24-570)

- 83rd Session (2025) Assembly Bill No. 491–Committee on Legislative Operations and Elections CHAPTER.......... AN ACT relating to elections; requiring a county or city clerk to provide certain information or data relating to the current election cycle within a certain period of time; revising qualifications for certain elected public officers to require such officers to be registered to vote in this State; revising provisions governing a declaration of candidacy and declaration of residency; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 1 of this bill provides that if the Secretary of State requests any information or data relating to the current election cycle from a county or city clerk, the clerk is required, not later than the end of the second working day after receiving the request, to provide the Secretary of State with: (1) the information or data; or (2) a written explanation that indicates when the county or city clerk will reasonably be able to provide the information or data. Existing law requires a person to be a qualified elector to be eligible for a public office in this State. (Nev. Const. Art. 15, § 3) Existing law also requires, with certain exceptions, a candidate for any elected office to actually, as opposed to constructively, reside in the State, district, county, township or other area prescribed by law to which the office pertains. (NRS 293.1755) Sections 2 and 7- 77 of this bill include as a qualification for any elected public office other than federal office, including, without limitation, State Legislator, Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Controller, county commissioners, county clerk, sheriff, district attorney, public administrator, city council, mayor, the Board of Regents of the University of Nevada, the board of directors of a general improvement district and the board of directors of a water district, that the officer be registered to vote in the State, district, county, township or other area prescribed by law to which the officer is required to reside. Section 78 of this bill provides that the requirement for these officers to be registered to vote in this State does not apply to a person who, on October 1, 2025, holds such office. Existing law requires a candidate for a primary election for a public office to file a declaration of candidacy and a candidate for the office of State Senator, Assemblyman or Assemblywoman to also file a declaration of residency. (NRS 293.177, 293.181, 293C.185) Existing law also requires a person nominated or applying to fill a vacancy in the office of Legislator to file a declaration of eligibility with the board of county commissioners. (NRS 218A.264) Sections 3, 4, 6 and 13 of this bill provide that a declaration of candidacy, a declaration of residency and a declaration of eligibility are public records and the filing officer must make such declarations available to the public in an electronic format. Sections 3, 6 and 13 also require a person filing a declaration of candidacy or declaration of eligibility to attest under penalty of perjury to the city or town and county of the State of Nevada where the person is registered to vote. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows: Except as otherwise provided in this title, if the Secretary of State requests any information or data relating to the current election cycle from a county clerk or city clerk, the county or city clerk shall, not later than the end of the second working day after receiving the request, provide the Secretary of State with: 1. The information or data; or 2. A written explanation that indicates when the county or city clerk will reasonably be able to provide the information or data. Sec. 2. NRS 293.1755 is hereby amended to read as follows: 293.1755 1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy for the office which the person seeks, the person has [, in] : (a) In accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or will represent [.] ; and (b) Registered to vote in the State, district, county, township or other area prescribed by law in which the officer is required to reside and, if elected, over which he or she will have jurisdiction or will represent. 2. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement regarding the person’s residency in violation of this section is guilty of a gross misdemeanor. 3. The provisions of this section do not apply to candidates for [: (a) Any] any federal office. [(b)] 4. The provisions of paragraph (a) of subsection 1 do not apply to candidates for the office of district attorney. Sec. 3. NRS 293.177 is hereby amended to read as follows: 293.177 1. Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a – 3 – - 83rd Session (2025) primary election unless the person named has filed a declaration of candidacy with the appropriate filing officer and paid the filing fee required by NRS 293.193 not earlier than: (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January; and (b) For all other candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March. 2. A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form: (a) For partisan office: DECLARATION OF CANDIDACY OF ........ FOR THE OFFICE OF ................ State of Nevada County of ........................ For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination 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 State, district, county, township, city 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 registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; if I am filing for a public office other than a federal office, 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 I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register – 4 – - 83rd Session (2025) to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that 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 (b) For nonpartisan office: DECLARATION OF CANDIDACY OF ........ FOR THE OFFICE OF ................ State of Nevada County of ........................ – 5 – - 83rd Session (2025) 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 State, district, county, township, city 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; if I am filing for a public office other than a federal office, 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 nonpartisan 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) – 6 – - 83rd Session (2025) 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 which 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 his or her 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 – 7 – - 83rd Session (2025) 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. Such a copy: (a) May not be withheld from the public; and (b) Must not contain the social security [Text truncated for display. Full text available on LegiScan.]