293.427 - Contest of general election for office of State Legislator: Seating of candidate with highest number of votes; withdrawal of statement of contest; hearing and deciding of contest by appropri
293.427 Contest of general election for office of State Legislator: Seating of candidate with highest number of votes; withdrawal of statement of contest; hearing and deciding of contest by appropriate house of Legislature; certificates of election; remedy.
1. The Secretary of State shall deliver the statement of contest filed pursuant to NRS 293.425 and all other documents, including any amendments to the statement, to the presiding officer of the appropriate house of the Legislature on the day of the organization of the Legislature.
2. Until the contest has been decided, the candidate who received the highest number of votes for the office in the contested election must be seated as a member of the appropriate house.
3. If, before the contest has been decided, a contestant gives written notice to the Secretary of State that the contestant wishes to withdraw his or her statement of contest, the Secretary of State shall dismiss the contest.
4. The contest, if not dismissed, must be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried. If after hearing the contest, the house decides to declare the contestant elected, the Governor shall execute a certificate of election and deliver it to the contestant. The certificate of election issued to the other candidate is thereafter void.
5. In a contest of a general election for the office of Assemblyman, Assemblywoman or Senator, the house in which a contest was tried or was to be tried shall determine the remedy, if any, to be awarded to a party to such a contest. The remedy may include, without limitation, any costs incurred by a party in connection with the contest.
(Added to NRS by 1960, 265; A 1971, 450; 1981, 1742; 1995, 1661; 2003, 1700)