NRS 293.425 Contest of general election for office of State Legislator: Statement of contest and other documents and materials to be filed with Secretary of State; notification of defendant; ability of contestant to amend statement of contest; list of witnesses; depositions, investigation and presentation of evidence.

387 words·~2 min read·/nv/chapter-293-elections/293-425

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If the contest is of the general election for the office of Assemblyman, Assemblywoman or Senator, a statement of contest, prepared as provided in NRS 293.407 , and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for the filing of statements of contests with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant. The contestant and the Secretary of State shall notify the defendant that a statement of contest and documents have been filed by the contestant pursuant to this section.

2. On or before December 15 of the year immediately preceding a regular legislative session:

(a)The contestant in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and

(b)Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.

3. Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may:

(a)Before the hearing of the contest:

(1)Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and

(2)Investigate issues relating to the contest; and

(b)At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.