SB428 - Revises provisions relating to public office. (BDR 23-955)

- 83rd Session (2025) Senate Bill No. 428–Committee on Legislative Operations and Elections CHAPTER.......... AN ACT relating to public office; revising provisions relating to the eligibility of a public officer to remain in office; requiring a public officer to take additional oaths of office; authorizing an elector to file a challenge to the eligibility of an incumbent of a public office; revising provisions relating to vacancies in nomination for a public office; providing that, with certain exceptions, the proof of identity and residency provided with a declaration of candidacy is a public record; revising provisions relating to a challenge to the qualifications of a candidate for public office; revising the information that must be included on a certified list of candidates for public office; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that, for the purpose of determining a person’s eligibility for public office, the residence of a person is the person’s actual residence within the State, county, district, ward, subdistrict or other unit prescribed by law. (NRS 281.050) Section 1 of this bill provides that it is the public policy of this State to ensure that a person continues to reside in the area prescribed by law for the office during the entire term of the office. Existing law requires members of the Legislature and all public officers, executive, judicial and ministerial, to take an oath of office before entering upon their duties of office. (NRS 282.020) Section 2 of this bill requires all members of the Legislature and public officers to swear additional oaths under penalty of perjury, including that they will relinquish office under certain circumstances. Sections 1.5 and 3 of this bill make conforming changes to provide that public officers must take and subscribe to more than one oath. Under existing law, with certain exceptions, a public office becomes vacant upon certain events, including the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the State, district, county, city, ward or other unit prescribed by law in which the duties of the incumbent are to be exercised, or from which the incumbent was elected or appointed, or in which the incumbent was required to reside to be a candidate for office or appointed to office. If, upon the happening of such an event, the incumbent fails or refuses to relinquish the office, existing law requires the Attorney General or district attorney to commence and prosecute proceedings to declare the office vacant. (NRS 283.040) Section 3 authorizes an elector with knowledge or evidence of the happening of such an event to file with the Attorney General or district attorney a challenge to the incumbent on the grounds that a vacancy has occurred because the event has occurred. Under existing law, if a vacancy occurs in a major or minor political party nomination for a partisan office before a certain date in July of the year in which the general election is held because the nominee dies or is adjudicated insane or mentally incompetent, the party central committee or executive committee may designate a candidate to fill the nomination and the board of county commissioners in certain legislative districts comprising more than one county may vote to appoint – 2 – - 83rd Session (2025) a candidate to fill the vacancy and in all other cases, the nominee’s name must remain on the ballot and, if elected, a vacancy exists. (NRS 293.165, 293.166) Sections 4 and 5 of this bill provide that if a vacancy occurs before a certain date in July in the year in which the general election is held because the nominee no longer actually resides in the State, county, city, ward or other unit prescribed by law in which the nominee is required to reside to be a candidate for office, the party central committee or executive committee may designate a candidate to fill the vacancy and the board of county commissioners in certain legislative districts comprising more than one county may vote to appoint a candidate to fill the vacancy. Section 11 of this bill provides that if a vacancy in nomination occurs for a city office after a certain date in July because the nominee no longer actually resides in the State, district, county, city, ward or other unit prescribed by law in which the nominee is required to reside to be a candidate for office, the nominee’s name must remain on the ballot and, if elected, a vacancy exists. Under existing law, with certain exceptions, a name may not be printed on a ballot for primary election unless the candidate, including a candidate appointed to fill a vacancy in a nomination, has filed a declaration of candidacy which must be accompanied by proof of identity and residency of the candidate. The filing officer is required to retain a copy of the proof of identity and residency which, except for certain confidential information, may not be withheld from the public. (NRS 293.177, 293C.185) Sections 6 and 9 of this bill provide that, except for certain confidential information, such proof of identity and residency is a public record. Existing law authorizes an elector to file with the filing officer for an office a written challenge to a person on the grounds that the person fails to meet a qualification for office. If probable cause exists to support the challenge, existing law requires the Attorney General, district attorney or city attorney to petition a court of competent jurisdiction regarding the issue. (NRS 293.182, 293C.186) Sections 7 and 10 of this bill require the Attorney General or district attorney or city attorney to notify the elector who filed the challenge of the time and place of a hearing scheduled on the challenge. Existing law requires the Secretary of State and county clerk to forward to each other a certified list containing the name and mailing address of each person for whom candidacy papers have been filed. (NRS 293.187) Section 8 of this bill requires the certified list to contain the residential address where the person actually resides and the mailing address, if different than the residential address. 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. NRS 281.050 is hereby amended to read as follows: 281.050 1. The residence of a person with reference to his or her eligibility to any office is the person’s actual residence within the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person. 2. Except as otherwise provided in subsections 3 and 4, if any person absents himself or herself from the jurisdiction of that – 3 – - 83rd Session (2025) person’s actual residence with the intention in good faith to return without delay and continue such actual residence, the period of absence must not be considered in determining the question of residence. 3. If a person who has filed a declaration of candidacy for any elective office moves the person’s actual residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, in which the person is required actually, as opposed to constructively, to reside in order for the person to be eligible to the office, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken. 4. Once a person’s actual residence is fixed, the person shall be deemed to have moved the person’s actual residence for the purposes of this section if: (a) The person has acted affirmatively and has actually removed himself or herself from the place of permanent habitation where the person actually resided and was legally domiciled; (b) The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled; and (c) The person has an intention to remain in another place of permanent habitation where the person actually resides and is legally domiciled. 5. Except as otherwise provided in this subsection and NRS 293.1265, the district court has jurisdiction to determine the question of residence in any preelection action for declaratory judgment brought against a person who has filed a declaration of candidacy for any elective office. If the question of residence relates to whether an incumbent meets any qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to this section but has jurisdiction to determine the question of residence only in an action to declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section. 6. Except as otherwise provided in NRS 293.1265, if in any preelection action for declaratory judgment, the district court finds that a person who has filed a declaration of candidacy for any elective office fails to meet any qualification concerning residence required for the office pursuant to the Constitution or laws of this State, the person is subject to the provisions of NRS 293.2045. – 4 – - 83rd Session (2025) 7. For the purposes of this section, in determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled: (a) It is the public policy of this State to avoid sham residences and to ensure that the person actually, as opposed to constructively, resides in the area prescribed by law for the office and actually continues to reside in the area prescribed by law for the office during the entire term of the office so the person has an actual connection with the constituents who reside in the area and has particular knowledge of their concerns. (b) The person may have more than one residence but only one legal domicile, and the person’s legal domicile requires both the fact of actual living in the place and the intention to remain there as a permanent residence. If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and does not take up a permanent residence in another place, then the person’s legal domicile has not changed. Once the person’s legal domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change. (c) Evidence of the person’s legal domicile includes, without limitation: (1) The place where the person lives the majority of the time and the length of time the person has lived in that place. (2) The place where the person lives with the person’s spouse or domestic partner, if any. (3) The place where the person lives with the person’s children, dependents or relatives, if any. (4) The place where the person lives with any other individual whose relationship with the person is substantially similar to a relationship with a spouse, domestic partner, child, dependent or relative. (5) The place where the person’s dogs, cats or other pets, if any, live. (6) The place listed as the person’s residential address on the voter registration card, as defined in NRS 293.1205, issued to the person. (7) The place listed as the person’s residential address on any driver’s license or identification card issued to the person by the Department of Motor Vehicles, any passport or military identification card issued to the person by the United States or any – 5 – - 83rd Session (2025) other form of identification issued to the person by a governmental agency. (8) The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, any aircraft, vessels or watercraft, issued to the person by a governmental agency. (9) The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession. (10) The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges or benefits or any tax documents, forms or returns, but excluding the person’s declaration of candidacy. (11) The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or medical benefits or any self-insured employer or third-party administrator. (12) The place listed as the person’s residential address on the person’s paycheck, paystub or employment records. (13) The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts. (14) The place where the person receives mail or deliveries from the United States Postal Service or commercial carriers. (d) The evidence listed in paragraph (c) is intended to be illustrative and is not intended to be exhaustive or exclusive. The presence or absence of any particular type of evidence listed in paragraph (c) is not, by itself, determinative of the person’s legal domicile, but such a determination must be based upon all the facts and circumstances of the person’s particular case. 8. As used in this section: (a) “Actual residence” means the place of permanent habitation where a person actually resides and is legally domiciled. If the person maintains more than one place of permanent habitation, the – 6 – - 83rd Session (2025) place the person declares to be the person’s principal permanent habitation when filing a declarati [Text truncated for display. Full text available on LegiScan.]