Nevada § 283.040 - Events causing vacancy in office; action by Attorney General or district attorney

§ 283.040. Events causing vacancy in office; action by Attorney General or district attorney

1. Every office becomes vacant upon the occurring of any of the following events before

the expiration of the term: (a) The death or resignation of the incumbent. (b) The removal of the incumbent from office. (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction. (d) A conviction of the incumbent of any felony or offense involving a violation of

the incumbent's official oath or bond or a violation of NRS 241.040 , 293.1755 or 293C.200 . (e) A refusal or neglect of the person elected or appointed to take the oath of office,

as prescribed in NRS 282.010 , or, when a bond is required by law, a refusal or neglect of the person to give the

bond within the time prescribed by law. (f) Except as otherwise provided in NRS 266.400 , the ceasing of the incumbent to be an actual, as opposed to constructive, resident

of the State, district, county, city, ward or other unit prescribed by law in which

the duties of the incumbent's office are to be exercised, or from which the incumbent

was elected or appointed, or in which the incumbent was required to reside to be a

candidate for office or appointed to office. (g) The neglect or refusal of the incumbent to discharge the duties of the incumbent's

office for a period of 30 days, except when prevented by sickness or absence from

the State or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than

a state officer, has been prevented by sickness from discharging the duties of the

incumbent's office for at least 6 months, the district attorney, either on the district

attorney's own volition or at the request of another person, may petition the district

court to declare the office vacant. If the incumbent holds the office of district attorney, the Attorney General, either

on the Attorney General's own volition or at the request of another person, may petition

the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office

vacant and, in making its determination, shall consider evidence relating to: (1) The medical condition of the incumbent; (2) The extent to which illness, disease or physical weakness has rendered the incumbent

unable to manage independently and perform the duties of the incumbent's office;

and (3) The extent to which the absence of the incumbent has had a detrimental effect

on the applicable governmental entity. (h) The decision of a competent tribunal declaring the election or appointment void

or the office vacant. (i) A determination pursuant to NRS 293.182 or 293C.186 that the incumbent fails to meet any qualification required for the office. 2. Upon the happening of any of the events described in subsection 1, if the incumbent

fails or refuses to relinquish the incumbent's office, the Attorney General shall,

if the office is a state office or concerns more than one county, or the district

attorney shall, if the office is a county office or concerns territory within one

county, commence and prosecute, in a court of competent jurisdiction, any proceedings

for judgment and decree declaring that office vacant. 3. The provisions of this section do not apply to the extent that they conflict or

are otherwise inconsistent with any provision of the Constitution of the State of

Nevada regarding the power to judge of the qualifications, elections and returns of

or to punish, impeach, expel or remove from office the Governor, other state and judicial

officers or State Legislators.