Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that increases requirements concerning recall elections and recall petitioning.

Highlights:

• Defines “statewide office” as an elected state office whose candidates are voted upon in the general election by the registered voters of the entire state (Sec. 1).

• Specifies that if a petition for recall of a public officer who does not hold a statewide office is filed, then each county clerk (Sec. 2):

• Will not examine the signatures by sampling them at random for verification;

• Will examine every signature on the documents submitted for verification instead of the previous 5 percent sample size; and

• Will remove each name of a registered voter who requests to have their name removed from the petition when determining the total number of valid signatures.

• Prohibits an individual from making a contribution to a candidate in a special election to recall a public officer in an amount that exceeds $5,000 regardless of the number of candidates for the office (Sec 6).

• Prohibits any contribution to a candidate in a recall election from being given or received in a period other than the recall election (Sec. 6).

• Requires a candidate to report each campaign contribution and expense within 30 days of the filing of any appeal regarding the legal sufficiency of a petition for recall (Sec. 8 & 11)

• Requires all candidates in a recall election to dispose of unspent contributions through any of the following methods (Sec. 10):

• Returning money to contributors;

• Contributing money to other political campaigns or a political party;

• Donating the money to any tax exempt nonprofit organization; or

• Donating the money to any governmental entity or fund.

• Requires a candidate to report disposals of each contribution that is in excess of $100 and the total of all amounts disposed that are less than $100 (Sec. 11).

• Requires a person who files a recall petition to deposit in advance the estimated costs of  the signature verification process for that petition (Sec. 17). 

• Specifies that if the sum deposited by the person filing the petition exceeds the actual cost of signature verification, then the excess shall be refunded, and that if the sum deposited is less than the actual cost, then the deficiency must be paid (Sec. 17). 

• Specifies that a person filing a recall petition may be exempt from paying for the cost of signature verification if they submit a declaration that (Sec. 17):

• Paying the costs would impose an undue burden on their monetary resources; or

• No person was paid to circulate the petition.

• Requires a person proposing to circulate a recall petition to obtain on their notice of intent the signatures of three registered voters who are constituents of the public officer in question (Sec. 20). 

• Specifies that all signatures on a recall petition must be collected on or before the 90th day after the date on which the notice of intent to circulate the petition was filed (Sec. 20).

• Requires the person who filed the notice of intent to submit each signature collected on or before the 48th day, and on or before the 90th day of filing the notice (Sec. 20). 

• Amends the penalty for anyone attempting to misrepresent the content of a recall petition, or in any way fabricates a signature on a recall petition, by changing its categorization from a misdemeanor to a category E felony (Sec. 21). 

• Extends the authorized time period between the completion of a successful recall petition and the call for a special election from between 10 to 20 days to between 20 to 30 days (Sec. 23).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases requirements concerning recall elections and recall petitioning.

Highlights:

• Defines “statewide office” as an elected state office whose candidates are voted upon in the general election by the registered voters of the entire state (Sec. 1).

• Specifies that if a petition for recall of a public officer who does not hold a statewide office is filed, then each county clerk (Sec. 2):

• Will not examine the signatures by sampling them at random for verification;

• Will examine every signature on the documents submitted for verification instead of the previous 5 percent sample size; and

• Will remove each name of a registered voter who requests to have their name removed from the petition when determining the total number of valid signatures.

• Prohibits an individual from making a contribution to a candidate in a special election to recall a public officer in an amount that exceeds $5,000 regardless of the number of candidates for the office (Sec 6).

• Prohibits any contribution to a candidate in a recall election from being given or received in a period other than the recall election (Sec. 6).

• Requires a candidate to report each campaign contribution and expense within 30 days of the filing of any appeal regarding the legal sufficiency of a petition for recall (Sec. 8 & 11)

• Requires all candidates in a recall election to dispose of unspent contributions through any of the following methods (Sec. 10):

• Returning money to contributors;

• Contributing money to other political campaigns or a political party;

• Donating the money to any tax exempt nonprofit organization; or

• Donating the money to any governmental entity or fund.

• Requires a candidate to report disposals of each contribution that is in excess of $100 and the total of all amounts disposed that are less than $100 (Sec. 11).

• Requires a person who files a recall petition to deposit in advance the estimated costs of  the signature verification process for that petition (Sec. 17). 

• Specifies that if the sum deposited by the person filing the petition exceeds the actual cost of signature verification, then the excess shall be refunded, and that if the sum deposited is less than the actual cost, then the deficiency must be paid (Sec. 17). 

• Specifies that a person filing a recall petition may be exempt from paying for the cost of signature verification if they submit a declaration that (Sec. 17):

• Paying the costs would impose an undue burden on their monetary resources; or

• No person was paid to circulate the petition.

• Requires a person proposing to circulate a recall petition to obtain on their notice of intent the signatures of three registered voters who are constituents of the public officer in question (Sec. 20). 

• Specifies that all signatures on a recall petition must be collected on or before the 90th day after the date on which the notice of intent to circulate the petition was filed (Sec. 20).

• Requires the person who filed the notice of intent to submit each signature collected on or before the 48th day, and on or before the 90th day of filing the notice (Sec. 20). 

• Amends the penalty for anyone attempting to misrepresent the content of a recall petition, or in any way fabricates a signature on a recall petition, by changing its categorization from a misdemeanor to a category E felony (Sec. 21). 

• Extends the authorized time period between the completion of a successful recall petition and the call for a special election from between 10 to 20 days to between 20 to 30 days (Sec. 23).

Full Bill Text