S.B. 457 SENATE BILL NO. 457-COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS MARCH 25, 2013 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY--Revises provisions relating to certain city elections. (BDR S-706) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION - Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; requiring that the candidates for Supervisor in Carson City and for Council Member in the City of Henderson, the City of Reno and the City of Sparks be voted upon in a primary or general election only by the registered voters of the ward that a candidate seeks to represent; creating a sixth ward for the City of Reno; and providing other matters properly relating thereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Legislative Counsel's Digest: The existing Charters of Carson City and the City of Henderson provide that the candidates for Supervisor and Council Member, respectively, must be voted on by the registered voters of the City at large in both a primary and a general election. (Carson City Charter ?? 2.010, 5.010, 5.020; Henderson City Charter ?? 2.010, 5.010, 5.020) Sections 1-3 of this bill amend the Charter of Carson City, and sections 4-6 of this bill amend the Charter of the City of Henderson, to provide that all candidates for Supervisor and Council Member, respectively, must be voted on in a primary or general election only by the registered voters of the ward that a candidate seeks to represent. The existing Charter of the City of Reno divides the City into five wards, each of which is represented on the City Council by a Council Member. A sixth Council Member represents the City at large. (Reno City Charter ?? 1.050, 2.010) Section 7 of this bill increases the number of wards in the City of Reno to six, and sections 8-10 of this bill replace the office of Council Member at large with the office of Council Member to represent the newly created sixth ward. (Reno City Charter ?? 1.050, 2.010, 5.010, 5.020) Section 13 of this bill requires the City Council of Reno to establish the boundaries of the newly created sixth ward, and alter the boundaries of the first through fifth wards accordingly, not later than January 1, 2014. Section 14 of this bill provides that Council Members representing wards one through five - *SB457* -2- 20 21 22 23 24 25 26 27 28 29 30 31 32 33 who are in office on January 1, 2014, will continue to represent those wards notwithstanding the altered boundaries and that the Council Member representing the city at large, who was last elected at the 2012 general election, will be deemed to represent the sixth ward for the remainder of his or her term, which expires after the 2016 general election. The existing Charters of the Cities of Reno and Sparks provide that the candidates for Council Member to represent a particular ward must be voted on in a primary election only by the registered voters of that ward but, in a general election, must be elected by the registered voters of the City at large. (Reno City Charter ?? 5.010, 5.020; Sparks City Charter ?? 5.010, 5.020) Sections 9 and 10 of this bill amend the Charter of the City of Reno, and sections 11 and 12 of this bill amend the Charter of the City of Sparks, to provide that all candidates for Council Member must be elected in a general election by only the registered voters or the ward that a candidate seeks to represent. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 1. Section 2.010 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 474, is hereby amended to read as follows: Sec. 2.010 Board of Supervisors: Qualifications; election; term of office. 1. The legislative power of Carson City is vested in a Board of Supervisors consisting of five Supervisors, including the Mayor. 2. The Mayor must be: (a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election. (b) A qualified elector within Carson City. 3. Each Supervisor other than the Mayor must be: (a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election. (b) A qualified elector within the ward which he or she represents. (c) A resident of the ward which he or she represents, except that changes effected in the boundaries of a ward pursuant to the provisions of section 1.060 do not affect the right of any elected Supervisor to continue in office for the term for which he or she was elected. 4. All Supervisors, including the Mayor, [must be voted upon by the registered voters of Carson City at large and] shall serve for terms of 4 years. - *SB457* -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 2. Section 5.010 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 100, Statutes of Nevada 1999, at page 271, is hereby amended to read as follows: Sec. 5.010 Primary election. 1. A primary election must be held on the date fixed by the election laws of this state for statewide elections, at which time there must be nominated candidates for offices to be voted for at the next general election. 2. A candidate for any office to be voted for at any primary election must file a declaration of candidacy as provided by the election laws of this state. 3. In an election that is held pursuant to this section: (a) All candidates for the office of Mayor , [and Supervisor,] and candidates for the office of Municipal Judge if a third department of the Municipal Court has been established, must be voted upon by the registered voters of Carson City at large. (b) A candidate for the office of Supervisor must be elected only by the registered voters of the ward that the candidate seeks to represent. 4. If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election. 5. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he or she is a candidate, his or her name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election. Sec. 3. Section 5.020 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 96, Statutes of Nevada 1997, at page 183, is hereby amended to read as follows: Sec. 5.020 General election. 1. A general election must be held in Carson City on the first Tuesday after the first Monday in November 1970, and on the same day every 2 years thereafter, at which time there must be elected such officers, the offices of which are required next to be filled by election. 2. In an election that is held pursuant to this section: (a) All candidates for the office of Mayor , [and Supervisor,] and all candidates for the office of Municipal - *SB457* -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Judge if a third department of the Municipal Court has been established, must be voted upon by the registered voters of Carson City at large. (b) A candidate for the office of Supervisor must be voted upon only by the registered voters of the ward that the candidate seeks to represent. Sec. 4. Section 2.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 955, is hereby amended to read as follows: Sec. 2.010 City Council: Qualifications; election; term of office; salary. 1. The legislative power of the City is vested in a City Council consisting of four Council Members and the Mayor. 2. The Mayor must be: (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office. (b) A qualified elector within the City. 3. Each Council Member must be: (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office. (b) A qualified elector within the ward which he or she represents. (c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do not affect the right of any elected Council Member to continue in office for the term for which he or she was elected. 4. All Council Members, including the Mayor, [must be voted upon by the registered voters of the City at large and,] except as otherwise provided in section 5.020, shall serve for terms of 4 years. 5. The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed. - *SB457* -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 5. Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 956, is hereby amended to read as follows: Sec. 5.010 Primary municipal election. 1. Except as otherwise provided in section 5.020, a primary municipal election must be held on the Tuesday after the first Monday in April of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election. 2. A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this State. 3. In an election that is held pursuant to this section: (a) All candidates for [elective office] the offices of Mayor and Municipal Judge must be voted upon by the registered voters of the City at large. (b) A candidate for the office of Council Member must be elected only by the registered voters of the ward that the candidate seeks to represent. 4. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office. Sec. 6. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 957, is hereby amended to read as follows: Sec. 5.020 General municipal election. 1. Except as otherwise provided in subsection 2: (a) A general municipal election must be held in the City on the first Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time the registered voters of the City shall elect city officers to fill the available elective positions. (b) In an election that is held pursuant to this section: (1) All candidates for the office of Mayor [, Council Member] and Municipal Judge must be voted upon by the registered voters of the City at large. - *SB457* -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that the candidate seeks to represent. (c) The term of office for [members of the City] Council Members and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years. [(c)] (d) On the Tuesday after the first Monday in June 2001, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified. [(d)] (e) On the Tuesday after the first Monday in June 2003 and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified. [(e)] (f) On the Tuesday after the first Monday in June 2005, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified. 2. The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS. 3. If the City Council adopts an ordinance pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections. 4. If the City Council adopts an ordinance pursuant to subsection 2, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance. - *SB457* -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sec. 7. Section 1.050 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1365, is hereby amended to read as follows: Sec. 1.050 Wards: Creation; boundaries. 1. The City must be divided into [five] six wards, which must be as nearly equal in population as can be conveniently provided. The territory comprising each ward must be contiguous, except that if any territory of the City which is not contiguous to the remainder of the City does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the City. 2. The boundaries of the wards must be established and changed by ordinance, passed by a vote of at least fivesevenths of the City Council. The boundaries of the wards: (a) Must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. (b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent by any measure that is found to be reliable by the City Council. Sec. 8. Section 2.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1366, is hereby amended to read as follows: Sec. 2.010 Mayor and City Council: Qualifications; election; term of office; salary. 1. The legislative power of the City is vested in a City Council consisting of six Council Members and a Mayor. 2. The Mayor and Council Members must be qualified electors within the City. Each Council Member must be a resident of the ward from which he or she is elected [from a ward] and must continue to live in that ward for as long as he or she represents the ward. 3. The Mayor [and one Council Member represent] represents the City at large and one Council Member represents each ward. The Mayor and Council Members serve for terms of 4 years. 4. The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. - *SB457* -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 9. Section 5.010 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 87, Statutes of Nevada 2001, at page 557, is hereby amended to read as follows: Sec. 5.010 General elections. 1. [On the Tuesday after the first Monday in November 1998, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, a Mayor, Council Members from the second and fourth wards, a Municipal Judge and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified pursuant to subsection 3 or 4. 2. On the Tuesday after the first Monday in November 2000, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, Council Members from the first, third and fifth wards, one Council Member at large and two Municipal Judges, all of whom hold office for a term of 4 years and until their successors have been elected and qualified pursuant to subsection 5 or 6. 3.] On the Tuesday after the first Monday in November 2002, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election [,] a Municipal Judge, who holds office for a term of 6 years and until his or her successor has been elected and qualified. [4.] 2. On the Tuesday after the first Monday in November 2002, and at each successive interval of 4 years, there must be elected [by the qualified voters of the City,] at the general election [,] a Mayor, Council Members from the second and fourth wards, and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified. [5.] 3. On the Tuesday after the first Monday in November 2004, and at each successive interval of 6 years, there must be elected [by the qualified voters of the City,] at the general election [,] three Municipal Judges, all of whom hold office for a term of 6 years and until their successors have been elected and qualified. [6. On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the qualified voters of the City, at the general election, Council Members from the first, third and fifth wards and one Council Member at large, all of whom hold - *SB457* -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 office for a term of 4 years and until their successors have been elected and qualified.] 4. On the first Tuesday after the first Monday in November 2016, and at each successive interval of 4 years, there must be elected at the general election Council Members from the first, third, fifth and sixth wards, all of whom hold office for a term of 4 years and until their successors have been elected and qualified. 5. In an election held pursuant to this section: (a) A candidate for the office of Council Member must be elected only by the registered voters of the ward that the candidate seeks to represent. (b) Candidates for the offices of Mayor, Municipal Judge and City Attorney must be elected by the registered voters of the City at large. Sec. 10. Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 376, Statutes of Nevada 2005, at page 1438, is hereby amended to read as follows: Sec. 5.020 Primary elections; declaration of candidacy. 1. A candidate for any office to be voted for at an election must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be deposited to the credit of the General Fund of the City. 2. If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the date fixed by the election laws of this State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election. 3. In the primary election: (a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election. (b) [Candidates] A candidate for the office of Council Member [who represent a specific ward] must be voted upon only by the registered voters of [that] the ward [.] that the candidate seeks to represent. - *SB457* - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (c) Candidates for Mayor [and Council Member at large] , Municipal Judge and City Attorney must be voted upon by all registered voters of the City. [4. The Mayor and all Council Members must be voted upon by all registered voters of the City at the general election.] Sec. 11. Section 5.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 52, Statutes of Nevada 2005, at page 104, is hereby amended to read as follows: Sec. 5.010 General elections. 1. [On the Tuesday after the first Monday in June 2001, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the first, third and fifth wards, a Municipal Judge for Department 1 and a City Attorney, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 3 or 4. 2. On the Tuesday after the first Monday in June 2003, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the second and fourth wards, a Mayor and a Municipal Judge for Department 2, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 5 or 6. 3.] On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected [by the registered voters of the City,] at the general election [,] Council Members to represent the first, third and fifth wards and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified. [4. On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 4 years and until his or her successor has been elected and qualified, pursuant to subsection 7. 5.] 2. On the Tuesday after the first Monday in November 2006, and at each successive interval of 4 years, there must be elected [by the registered voters of the City,] at the general election [,] Council Members to represent the second and fourth wards and a Mayor, all of whom hold office for a term of 4 years and until their successors have been elected and qualified. - *SB457* - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 [6.] 3. On the Tuesday after the first Monday in November 2006, and at each successive interval of 6 years, there must be elected [by the registered voters of the City,] at the general election [,] a Municipal Judge for Department 2, who holds office for a term of 6 years and until his or her successor has been elected and qualified. [7.] 4. On the Tuesday after the first Monday in November 2008, and at each successive interval of 6 years, there must be elected [by the registered voters of the City,] at the general election [,] a Municipal Judge for Department 1, who holds office for a term of 6 years and until his or her successor has been elected and qualified. [8. All candidates at] 5. In an election that is held pursuant to this section : (a) Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large. (b) A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that the candidate seeks to represent. Sec. 12. Section 5.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 398, is hereby amended to read as follows: Sec. 5.020 Primary elections. 1. At an election that is held pursuant to this section: (a) Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large. [Candidates to represent a ward as a member of the City Council] (b) A candidate for the office of Council Member must be voted upon only by the registered voters of the ward [to be represented by them.] that the candidate seeks to represent. 2. The names of the two candidates for Mayor, City Attorney and Municipal Judge and the names of the two candidates to represent the ward as a member of the City Council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election. Sec. 13. The City Council of the City of Reno shall, not later than January 1, 2014, establish the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 7 of this act, which must be designated the sixth ward, and change the boundaries of the first through fifth wards to comply with the provisions of section 1.050 - *SB457* - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of the Charter of the City of Reno, as amended by section 7 of this act. Sec. 14. Notwithstanding the amendatory provisions of sections 8 and 9 of this act, a Council Member of the City of Reno who holds office on January 1, 2014: 1. If elected or appointed to represent a ward, shall continue to represent that ward for the remainder of his or her term of office. 2. If elected or appointed to represent the City at large, shall be deemed to represent only the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 7 of this act for the remainder of his or her term of office. Sec. 15. 1. This section and sections 1 to 6, inclusive, 11 and 12 of this act become effective: (a) Upon passage and approval for the purpose of passing ordinances and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On July 1, 2013, for all other purposes. 2. Sections 7 to 10, inclusive, 13 and 14 of this act become effective: (a) Upon passage and approval for the purpose of passing ordinances, establishing the boundaries of the additional ward created by the provisions of section 1.050 of the Charter of the City of Reno, as amended by section 7 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On January 1, 2014, for all other purposes. H - *SB457*