The Nevada Assembly Legislative Operations and Elections Committee yesterday approved AB 177, which changes accountability on candidates who fail to adhere to residency requirements.
The bill introduced by Assemblywoman Victoria Seaman (District 34 – Las Vegas) ensures that only eligible candidates are elected to office.
If a candidate is deemed by a court not to be eligible, then their name is removed from the ballot. If a court makes a ruling of ineligibility after the ballots have been printed, the votes for the ineligible candidate will not be counted in the election results.
Seaman said that we must hold elected officials and potential candidates to a higher standard under the law.
“Allowing ineligible candidates to serve is wrong and it sends the wrong message,” said Seaman. “When we ignore the laws that apply to us, we tell our fellow Nevadans that we are above the very laws we help write. AB 177 will prevent that injustice and ensure that our laws apply to all Nevadans.”
AB 177 lengthens the residency requirement for candidates to reside in the district from 30 days to 180 days before the filing deadline. It also extends the deadline to challenge a person from being placed on the general election ballot from the fourth Friday in June to the last Friday in July. If a court rules a candidate ineligible after the ballot have been printed, their votes will not be counted
Assemblywoman Seaman and Assemblywoman Shelly Shelton (District – 10) both have personal experience with the problems this bill addresses. Both filed successful lawsuits against opponents where judges ruled that their opponents did not live in the district.
Shelton said she feels that this has been a continually growing problem that requires legislation.
“I was amazed how troubled people were that a candidate was still able to stay on the ballot even after a judge rules them ineligible. It took an enormous amount of time and the law limited what the election department could do when misconduct is believed to exist. This bill makes the process clear when wrongdoing is found,” Shelton said.
In the last two general elections, three different Assembly candidates were declared ineligible for office by a district court judge. All three candidates remained on the ballot despite the fact they did not reside in the district in clear violation of the law.
SOURCE: Assembly Republicans.
