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Nevada Revised Statutes Title 17. State Legislative Department § 218A.262. Procedure for filling vacancy in office: Nomination or application process; deadline

Current as of January 01, 2025 | Updated by Findlaw Staff

1. If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator must submit to the board of county commissioners a list of one or more qualified nominees to fill the vacancy. If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member, the board of county commissioners of the county in which the district is located shall establish:

(a) A process by which persons may file applications with the board to fill the vacancy; and

(b) A specific date for the close of filing of applications to fill the vacancy.

2. If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district comprising more than one county, the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator must submit to the board of county commissioners of each county within or partly within the district a list of one or more qualified nominees to fill the vacancy. If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member:

(a) The board of county commissioners of each county within or partly within the district shall establish a process by which persons may file applications with that board to fill the vacancy.

(b) The board of county commissioners of the county with the largest population in the district shall, after considering any recommendations made by the other boards within a reasonable time after the vacancy, establish a specific date that is the same for all of the boards for the close of filing of applications to fill the vacancy.

3. If, pursuant to NRS 218A.260, the board or boards of county commissioners, as applicable, reject all of the qualified nominees on the list submitted by the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator, the same Majority or Minority Leader must submit a new list of one of more qualified nominees to fill the vacancy to the board or boards of county commissioners.

4. As used in this section, “qualified nominee” means a person:

(a) Who meets the qualifications for the office as required by NRS 218A.200;

(b) Who is a member of the same political party as the former Legislator; and

(c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 17. State Legislative Department § 218A.262. Procedure for filling vacancy in office: Nomination or application process; deadline - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-17-state-legislative-department/nv-rev-st-218a-262/

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