1732. This act supplementary to previous act. SEC. 8. This act is intended to be supplemental to an act entitled "An act to provide for the registration of the names of electors and to prevent fraud at elections," approved March 5, 1869, and of all acts amendatory thereof or supplemental thereto. An Act providing for a single registration of the names of electors to vote at any primary election and at the election for which candidates are nominated at such primary election. Approved March 23, 1911, 335 1733. Registration at primary sufficient for regular election-Names to be copied. SECTION 1. Hereafter when any qualified elector shall have registered a vote at any primary election under the provisions of section 17 of "An act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice for the registration of votes for said primary elections and the compensation of registry agents, and to provide penalties for violating the provisions of this act," approved March 23, 1909, and his name shall appear on the supplemental register provided for in said section 17, said elector shall not be required to register again in the same voting precinct as a qualification to vote at the election for which candidates were nominated at such primary election for which he has previously registered; and the registry agent shall copy the, names appearing on said supplemental register into the registration books for said election the same as if such elector had registered for such election as now required by the registration laws of this state. See secs. 1710 and 1751 in regard to registration and transfers. For registration in cities polling over 2,000 votes, see sec. 1726. An Act requiring registry agents to file with the county clerks a list of the registered voters in their precincts, and requiring each county clerk to certify the same to the secretary of state. Approved March 19, 1901, 82 1734. Registry agent to file list. SECTION 1. It shall be the duty of each and every registry agent, before receiving pay for his services as such, to send the county clerk of the county wherein he is serving, a full and complete list of the registered voters in his precinct, with their ages and postoffice address. 1735. County clerk to certify registry list to secretary of state. SEC. 2. It shall be the duty of each and every county clerk throughout the state upon receiving the said list of registered voters from the different registry agents of the different precincts in each county, to furnish forthwith a certified copy of said registry list, containing the names and postoffice address of the said registered voters in each and every county, by precincts, to the secretary of state, who shall upon receipt file the same in his office. PRIMARY ELECTION An Act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice at such primary elections for United States senator, to provide for the registration of voters for said primary elections and the compensation of registry agents, and to provide penalties for violating the provisions of this act. Approved March 23, 1909, 273 1736. Words and phrases construed. 1740. Nomination papers, filed when; form 1741. Nominations, when filed. 1744. Ballots and supplies provided at pub- 1745. List of candidates to be transmitted 1746. Publication, how to be made. 1748. Sample ballots; clerk to print and dis- 1749. Hours of election. 1750. Officers of election. 1751. General election laws govern-Regis try agent to furnish copy of regis ter and to register and transfer certain voters-Compensation. 1736. Words and phrases construed. 1752. Mode of voting-Instructions may be given voter-New ballot, when. 1753. Manner of voting-Marking extra party or candidate nullifies ballot-Technical error. 1754. Folding and depositing ballot-Check- 1755. Polls open continuously. 1757. Canvass of votes-Clerk to forward 1760. State platforms, how formulated- 1761. Vacancies, how filled. 1762. Tie vote, how decided. 1763. Errors may be ordered corrected. 1765. Neglect of filing officer punished- SECTION 1. The words and phrases in this act shall, unless such construction be inconsistent with the context, be construed as follows: The words "Primary Election," any and every primary nominating election provided for by this act. The words "September Primary Election," the primary election held in September to nominate candidates to be voted for at the ensuing November election. The word "Election," a general or city, or city and county election, as distinguished from a primary election. The words "November Election," the presidential election, the general state election, district, county, township, or city and county election held in November. This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all pro visions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof. This law is not invalid because it requires the payment of fees as a condition precedent to becoming a candidate, the fee being a reasonable one. Idem. No religious test can be made a qualification of an elector. Idem. See further citations of this case under section 250, ante. This law, having made a radical change in the manner of making nominations for election, the provisions therein which preIclude the withdrawal of a candidate after nomination supersede any provisions in earlier statutes permitting officers to resign, even if the candidate after nomination and before election were an officer within such former statute. State ex rel. Donnelley v. Hamilton, 33 Nev. (111 P. 1027). 1737. How candidates may be nominated-Certain officers excepted. SEC. 2. All candidates for elective public offices shall be nominated as follows: 1. By direct vote at primary elections held in accordance with the provisions of this act; or 2. By nominating petitions signed and filed as provided by existing laws. Party candidates for the office of United States senator shall be nominated in the manner provided herein for the nomination of candidates for state offices. This act shall not apply to special elections to fill vacancies to the nomination of party candidates for presidential electors, nor to the nomination of officers of the incorporated cities, whose charters or ordinances now or may hereafter provide a system for nominating candidates for such offices, nor to the nomination of officers for reclamation and irrigation districts; nor to school district officers or school trustees; nor shall it be construed as restricting or affecting the right of political parties to hold, under existing laws, which are hereby continued in force for all such purposes, primaries and conventions for the selection of delegates to national conventions. Ast amended, Stats. 1911, 334. See secs. 1834-1836. Regarding nominations for United States senator, see sec. 1896. 1738. Date of primary elections. SEC. 3. The September primary election shall be held in each precinct on the first Tuesday in September for the nomination of all candidates to be voted for at the ensuing November election. Any primary election other than the September primary election shall be held on Tuesday three weeks next preceding the election for which such primary election is held. 1739. Duty of secretary of state. SEC. 4. 1. At least sixty days before the time for holding such September primary election in 1910, and biennially thereafter, the secretary of state shall prepare and transmit to each county clerk and to the city clerk in any city a notice in writing designating the offices for which candidates are to be nominated at such primary election. 2. Within ten days after the receipt of such notice such county clerk or city clerk in any city shall publish so much thereof as may be applicable to his county once in each week for six successive weeks, in not more than two newspapers published in such county or city and county. 3. In the case of September primary elections for the nomination of candidates for the city or city and county offices to be voted for at the November election in the odd-numbered years, the city clerk or secretary of the legislative body in any such city shall cause the publication of notice of such primary election, together with a complete statement of the offices for which candidates are to be nominated, once in each week for four successive weeks in not more than two newspapers of general circulation published in such city or city and county, the last publication to be made not more than forty and not less than fourteen days before such primary election. 4. In the case of primary elections other than the September primary elections the city clerk or secretary of the legislative body of the political subdivision for which such primary election shall be held shall cause one publication of such notice to be given, such publication and posting to be not more than forty and not less than fourteen days before such primary election. See, In re Primary Ballots, 33 Nev. —. 1740. Nomination papers, filed when; form of-Candidates' statements. SEC. 5. (a) The name of no candidate shall be printed on an official ballot used at any primary election unless, at least thirty days prior to the primary election, if the candidate is to be voted for at the September primary election, and at least fourteen days prior to the primary election other than the September primary election, he shall file a nomination paper with the proper official as hereinafter provided by this act, such nomination paper to be under oath and in substantially the following form: NOMINATION PAPER OF. State of Nevada, SS. FOR THE OFFICE OF. For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the. (or town) of county of party as its candidate do solemnly street, in the city, State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the -party; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election in this state, and I voted for a majority of the candidates of such party at the last general election (or did not vote at said last general election, giving reason); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto. (Signature of candidate for office.) Subscribed and sworn to before me this day of 19... notary public (or other officer authorized to administer an oath.) (b) In the case of an elector seeking a nomination for the office of state senator or member of the assembly, he may include with his affidavit one of the two statements hereinafter set forth in this section and subdivision. His failure to include either such statement shall not be a valid ground for refusal to receive and file his nomination paper or papers by the secretary of state, county clerk or register of voters in any city and county as the case may be. Such statements, if any be made, shall be in substantially the following form: I further declare to the people of Nevada, and to the people of (senatorial or assembly) district that during my term of office, without regard to my individual preference, I will always vote for that candidate for United States senator in Congress who has received for that office the highest number of the people's votes for that position at the general election next preceding the election of a senator in Congress. (Signature of candidate for nomination.) If the candidate be unwilling to sign the above statement, he may sign the following declaration, which shall be filed with his nomination paper: I further declare to the people of Nevada, and to the people of the (senatorial or assembly) district that during my term of office I shall consider the vote of the people at any primary election for United States senator as nothing more than a recommendation, which I shall be at liberty wholly to disregard as I see fit. (Signature of candidate for nomination.) (c) Nothing herein shall be construed as prohibiting the independent nomination of candidates to be voted for at any general election, by electors or bodies of electors, as now provided by law, but a candidate defeated at a primary election held under the provisions of this act shall be ineligible for nomination to the same office at the same election. As amended, Stats. 1911, 336. See sec. 1737. The question whether a candidate nominated at a primary election may have his name omitted from the general election ballot, is a matter of policy for the legislature, and where the legislature forbids the withdrawal of candidates nominated at a primary, the court cannot allow a candidate to withdraw even for deserving reasons. State ex rel. Donnelly v. Hamilton, 33 Nev. (111 P. 1026). At common law a citizen could be required to perform the duties of an office. Idem. 1741. Nominations, where filed. A candidate nominated at a primary eleetion for a public office is not an officer within the statute allowing officers to resign. Idem. Under this section and sections 24 and 27 of this act, one nominated at a primary election as the candidate of a political party for a public office cannot have his name omitted from the general election ballot, though he has since the primary become. incapacitated from making an active campaign. Idem. (Norcross, C. J., dissenting). SEC. 6. All nomination papers provided for by this act shall be filed as follows: 1. For state officers, United States senators, representatives in Congress, and all officers voted for in districts comprising more than one county, in the office of the secretary of state. 2. For officers to be voted for wholly within one county, city, town or township, in the office of the county clerk of such county. 3. For city officers, in the office of the city clerk or secretary of the legislative body of such city or municipality. See secs. 1835-1837. 1742. Fees for filing nomination papers. SEC. 7. Any candidate filing a nomination paper as provided in section 5a, with the proper officer as provided in section 6 shall pay to such officer a fee for such filing as follows: If a candidate for nomination for any state office, or any district office voted for in more than one county, or representative or United States senator in Congress, one hundred dollars. If a candidate for any district office voted for wholly in one county, fifty dollars. If a candidate for any county office, twenty-five dollars. If a candidate for state senator, twenty-five dollars. If a candidate for assemblyman, fifteen dollars. |