Nevada Administrative Code Chapter 306 - Recall of Public Officers
Here’s a clearer breakdown of NAC Chapter 306 – Recall of Public Officers in Nevada:
📝 1. Notice of Intent (§ 306.005–306.007)
§ 306.005 (from recall pamphlet guidance): You cannot file a Notice of Intent within the first 6 months of the officer’s term—except for state legislators, which is allowed after 10 days into the first session (epubs.nsla.nv.gov).
§ 306.007: Upon filing a Notice of Intent:
Within 2 days, the filing officer must notify the public officer (and the county clerk, if different) in writing.
Within 1 working day, the county clerk forwards a copy to the Secretary of State (law.cornell.edu).
📄 2. Petition Submission & Verification
You have 90 days after filing the Notice of Intent to submit the full recall petition for verification .
Petition must gather signatures from at least 25% of voters who cast ballots in the relevant election and be submitted with deposited funds enough to cover verification costs (epubs.nsla.nv.gov).
Every petition page must include mandatory information:
Title (“Recall Petition” in bold font)
Reason statement ≤ 200 words
Filing date and required signature threshold
County designation, numbered pages, printed names and ink signatures, plus a notary-certified circulator affidavit (regulations.justia.com, epubs.nsla.nv.gov).
✅ 3. Withdrawal of Petition (§ 306.031)
A petition can be withdrawn before verification if at least two of the original signers of the Notice of Intent file written withdrawal forms.
Within 24 hours, the filing officer must notify: Secretary of State, public officer, and (if only two withdraw) the third original signer (regulations.justia.com).
📊 4. Signature Verification & Sufficiency
County Clerks conduct the “raw count” of all signatures within 4 working days (epubs.nsla.nv.gov).
If signatures meet the threshold, the Secretary of State notifies the filing officer and public officer; if not, the petition process ends (epubs.nsla.nv.gov).
⚖️ 5. Special Election & Challenges
Upon certification of sufficiency, the filing officer must issue a call for a special recall election 10–30 days later (excluding weekends/holidays), barring legal challenges (epubs.nsla.nv.gov).
Legal complaints challenging petition sufficiency may be filed in district court within 5 working days of notification (epubs.nsla.nv.gov).
🗳️ 6. Vacancies & Ballot Details
If the officer resigns within 5 days of filing the petition, the recall stops and the resulting vacancy is filled per standard procedures (epubs.nsla.nv.gov).
Recall ballots must include:
The officer’s justification (if provided) and the stated reasons for recall (sample ballots set accordingly)
Options “For Recall” / “Against Recall,” or names of replacement candidates, depending on whether others are running (epubs.nsla.nv.gov, epubs.nsla.nv.gov).
🔍 Quick Guide – Key NAC 306 Provisions
| NAC Section | Topic |
|---|---|
| § 306.005 | Timing restrictions for Notice of Intent |
| § 306.007 | Notifications to official and county clerk |
| § 306.031 | Petition withdrawal rules |
| — (petitions) | Petition contents & submission rules |
✅ Why It Matters
NAC Chapter 306 enforces clear procedural rules for recalls in Nevada, outlining:
When recalls may start,
How petitions must be formatted and verified,
What notifications and timelines apply,
How challenges, withdrawals, and elections are handled.
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