NRS 244.016
NRS 281.050

 NRS 244.011  Change in number of county commissioners in county whose population is less than 100,000.

      1.  In each county whose population is less than 100,000, the board of county commissioners may, by ordinance, provide that the board of county commissioners consists of five members. Upon enactment of the ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at the election shall vote on the question, “Shall the board of county commissioners be increased to five members.” If a majority of votes cast approve the question, the ordinance becomes effective upon certification of the vote by the county clerk, otherwise, the ordinance does not become effective.

      2.  If the ordinance becomes effective, the two additional members must be elected at the next general election. One member must be elected to an initial 2-year term and the other member must be elected to an initial 4-year term. The county clerk shall, on or before the first Monday in June of the year in which the election is to be held, designate which new position on the board will consist of a 2-year term and which will consist of a 4-year term. When the initial terms expire, subsequent terms for each new position are for 4 years.

      3.  A board of county commissioners increased to five members pursuant to this section may be decreased to three members in accordance with the provisions of subsection 4.

      4.  The board of county commissioners may, by ordinance, provide that the board of county commissioners consists of three members. Upon enactment of the ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at the election shall vote on the question, “Shall the board of county commissioners be decreased to three members.” If a majority of votes cast approve the question, the ordinance becomes effective upon certification of the vote by the county clerk, otherwise, the ordinance does not become effective.

      5.  If the ordinance enacted pursuant to subsection 4 becomes effective, two seats on the board of county commissioners must be abolished as follows:

      (a) If three seats are scheduled for election at the next general election, only one seat may come up for election.

      (b) If two seats are scheduled for election at the next general election:

             (1) Only one seat may come up for election; and

             (2) One of the three seats elected at the preceding general election must be abolished effective at midnight of the day preceding the first Monday in January following the next general election.

Ê The board of county commissioners shall draw lots to determine which seats must be abolished pursuant to this subsection.

      (Added to NRS by 1973, 340; A 1979, 508; 1991, 1560)

      NRS 244.014  Number and terms of county commissioners in county whose population is 100,000 or more but less than 400,000; commissioners’ districts.  In each county whose population is 100,000 or more but less than 400,000:

      1.  At the general election in 1976, and every 4 years thereafter, two county commissioners must be elected respectively from two of the county commissioner election districts established pursuant to this chapter.

      2.  At the general election in 1978, and every 4 years thereafter, three county commissioners must be elected respectively from three of the county commissioner election districts established pursuant to this chapter.

      3.  The board of county commissioners shall establish five county commissioner election districts which must be as nearly equal in population as practicable. Each such district must be composed of entirely contiguous territory and be as compact as possible.

      (Added to NRS by 1975, 721; A 1977, 221; 1979, 509; 1981, 1125; 1989, 1898; 1991, 1745)

      NRS 244.016  Number of county commissioners in county whose population is 400,000 or more; commissioners’ districts.

      1.  In each county whose population is 400,000 or more, the board of county commissioners consists of seven members. Each member must be a resident of, and elected by the registered voters of, a county commissioner election district established pursuant to this chapter.

      2.  The board of county commissioners shall establish seven county commissioner election districts which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory and be as compact as possible.

      (Added to NRS by 1977, 220; A 1983, 182; 1989, 1899)

      NRS 244.018  Establishment of additional or changed commissioners’ districts: Manner of electing county commissioners.

      1.  If new or changed county commissioner election districts must be established because of changes in population or applicable law, the board of county commissioners shall establish those districts by ordinance and provide for the election from specified districts of the proper numbers of county commissioners for 4-year and 2-year terms respectively so that the numbers of county commissioners to be elected at each general election thereafter will be as nearly equal as possible.

      2.  Except as otherwise provided in NRS 244.011, if at the time a general election is to be conducted for the election of county commissioners from new districts there is incumbent any county commissioner, elected at large or from a validly established election district, whose term extends beyond the first Monday of January of the following year, he is entitled to serve out his term and shall be deemed to represent the new district in which he resides.

      (Added to NRS by 1977, 220; A 1979, 509; 1985, 1116; 1991, 1561)

      NRS 244.020  Qualifications of county commissioners.

      1.  County commissioners must be qualified electors of their respective counties and have such other qualifications as are provided in this chapter.

      2.  No county or township officer is eligible to the office of county commissioner.

      [Part 2:80:1865; A 1869, 92; B § 3071; BH § 1943; C § 2105; RL § 1502; NCL § 1936]—(NRS A 1960, 92; 1975, 722; 1987, 2306; 1989, 241)

NRS 281.050  Residence for purposes of eligibility for office is actual residence; determination of residence; vacancy in office upon certain changes in residence.

      1.  The residence of a person with reference to his eligibility to office is his actual residence within the State or county or district, as the case may be, during all the period for which residence is claimed by him. If any person absents himself from the jurisdiction of his residence with the intention in good faith to return without delay and continue his residence, the period of absence must not be considered in determining the question of residence.

      2.  If a candidate who has filed for elective office moves his residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required actually, as opposed to constructively, to reside, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken. A person shall be deemed to have moved his residence for the purposes of this section if:

      (a) He has acted affirmatively to remove himself from one place; and

      (b) He has an intention to remain in another place.

      3.  The district court has jurisdiction to determine the question of residence in an action for declaratory judgment.

      4.  As used in this section, “actual residence” means the place where a person is legally domiciled and maintains a permanent habitation. If the person maintains more than one such habitation, the place he declares to be his principal permanent habitation when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be his actual residence.

      [Part 1:158:1911; RL § 3609; NCL § 6405]—(NRS A 1971, 433; 1975, 616; 1999, 2170)

NRS 293.1755  Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy; exception.

      1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which he seeks, he has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.

      2.  Any person who knowingly and willfully files an acceptance of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.

      3.  The provisions of this section do not apply to candidates for the office of district attorney.

      (Added to NRS by 1975, 617; A 1983, 1103; 1989, 2161; 1997, 3447; 1999, 2151; 2001, 673)