Existing law requires that, except in Carson City: (1) any vacancy occurring in any board of county commissioners must be filled by appointment of the Governor; and (2) the Governor's appointee must be a member of the same political party as the most recent holder of the vacant office. (NRS 244.040) This bill makes various changes to the process for filling such a vacancy. First, this bill authorizes a board of county commissioners to submit to the Governor a list of two persons to fill the vacancy who are members of the same political party and meet the qualifications for the office of county commissioner. If the Governor receives such a list within 30 days after the vacancy occurs, the Governor shall appoint a person to fill the vacancy from the list not more than 15 days after the date on which the Governor receives the list. Second, this bill provides that the provisions of existing law that require the Governor to fill a vacancy occurring in a board of county commissioners do not apply if, within 30 days after the vacancy occurs, the board of county commissioners: (1) declares by resolution a special election to fill the vacancy; or (2) fills the vacancy pursuant to a process established by ordinance of the board of county commissioners for filling a vacancy. Third, this bill authorizes a board of county commissioners, except in Carson City, to establish by ordinance a process for filling a vacancy on the board. Any such process must, without limitation, require that the board of county commissioners fill the vacancy at a public meeting by appointing a person who is a member of the same political party as the most recent holder of the vacant office and who meets the qualifications for the office of county commissioner.

Statutes affected:
As Introduced: 244.040
Reprint 1: 244.040
As Enrolled: 244.040
BDR: 244.040