Section 293.165 - Procedure for filling certain vacancies in major or minor political party nomination or nonpartisan nomination; deadline for making changes to general election ballot1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.2. A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee required by NRS 293.193 after 8 a.m. on the third Monday in June, or if the third Monday in June is a legal holiday, on the day immediately following the third Monday in June, and before 5 p.m. on the fourth Friday in July.3. If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee's name must remain on the ballot for the general election and, if elected, a vacancy exists.4. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date: (a) A nominee dies or is adjudicated insane or mentally incompetent; or(b) A vacancy in the nomination is otherwise created, the nominee's name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. Each designation of a candidate provided for in this section must be filed with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 before 5 p.m. on the date the designation is filed.Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432; 2009, 1259; 2011, 3275; 2013, 1178, 2370; 2015, 3572; 2019, 3371; 2023, 1464Amended by 2023, Ch. 231,§2, eff. 6/8/2023.Amended by 2019, Ch. 546,§12, eff. 7/1/2019.Amended by 2015, Ch. 525,§5, eff. 10/1/2015.Amended by 2013, Ch. 425,§2, eff. 7/1/2013.Amended by 2013, Ch. 263,§1, eff. 10/1/2013.Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432; 2009, 1259; 2011, 3275