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 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.

Statutes affected:
As Introduced: 281.050, 282.020, 283.040, 293.165, 293.166, 293.177, 293.182, 293.187, 293C.185, 293C.186, 293C.190
Reprint 1: 281.050, 282.010, 282.020, 283.040, 293.165, 293.166, 293.177, 293.182, 293.187, 293C.185, 293C.186, 293C.190
Reprint 2: 281.050, 282.010, 282.020, 283.040, 293.165, 293.166, 293.177, 293.182, 293.187, 293C.185, 293C.186, 293C.190
As Enrolled: 281.050, 282.010, 282.020, 283.040, 293.165, 293.166, 293.177, 293.182, 293.187, 293C.185, 293C.186, 293C.190
BDR: 281.050, 282.020, 283.040, 293.165, 293.166, 293.177, 293.182, 293.187, 293C.185, 293C.186, 293C.190