Nevada § 293.182 - Written challenges concerning qualifications of candidates; enforcement in preelection actions

§ 293.182. Written challenges concerning qualifications of candidates; enforcement in preelection actions

1. After a person files a declaration of candidacy to be a candidate for an office,

and not later than 5 days after the last day the person may withdraw his or her candidacy

pursuant to NRS 293.202 , an elector may file with the filing officer for the office a written challenge of

the person on the grounds that the person fails to meet any qualification required

for the office pursuant to the Constitution or laws of this State. Before accepting the challenge from the elector, the filing officer shall notify

the elector that if the challenge is found by a court to be frivolous, the elector

may be required to pay the reasonable attorney's fees and court costs of the person

who is being challenged. 2. A challenge filed pursuant to subsection 1 must: (a) Indicate each qualification the person fails to meet; (b) Have attached all documentation and evidence supporting the challenge; and (c) Be in the form of an affidavit, signed by the elector under penalty of perjury. 3. Upon receipt of a challenge pursuant to subsection 1: (a) The Secretary of State shall immediately transmit the challenge to the Attorney

General. (b) A filing officer other than the Secretary of State shall immediately transmit

the challenge to the district attorney. 4. If the Attorney General or district attorney determines that probable cause exists

to support the challenge, the Attorney General or district attorney shall, not later

than 5 working days after receiving the challenge, petition a court of competent jurisdiction

to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person

to appear before the court at a hearing, at a time and place to be fixed by the court

in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending

with the court, except for criminal proceedings. 5. If, at the hearing, the court determines by a preponderance of the evidence that

the challenge is valid or that the person otherwise fails to meet any qualification

required for the office pursuant to the Constitution or laws of this State, or if

the person fails to appear at the hearing, the person is subject to the provisions

of NRS 293.2045 . 6. If, at the hearing, the court determines that the challenge is frivolous, the court

may order the elector who filed the challenge to pay the reasonable attorney's fees

and court costs of the person who was challenged.