How to Challenge a Candidate’s Qualifications in Nevada
Now you’re probably wondering what really does happen if a candidate is not qualified to run for the office they have filed for. How can someone challenge a candidate’s qualifications in Nevada?
The process to challenge a candidate’s qualifications
In Nevada, it is up to the public to bring any irregularities to the attention of the Secretary of State. Any “elector” may file this and submit a complaint. They must indicate the following in writing:
- Each qualification the person fails to meet
- Attach all documentation and evidence supporting the challenge
- Be in the form of an affidavit, signed by the elector under penalty of perjury.
- The Secretary of State will forward the information to the Attorney General for it will go to a District Attorney.
Subsequently, a hearing will be held to determine the validity of the challenge. If the challenge is found to be frivolous, the elector filing the challenge may be ordered to pay attorney’s fees and court costs.
Buyer Beware!
If it is found to be a valid challenge, then the candidate will be removed from the ballot or if already in office, be “disqualified from entering the duties of the office.” NRS
As you can see, it is not a simple process to challenge a candidate’s qualifications. Possibly, they could be removed from the ballot or office. I say BUYER BEWARE! Do not depend on the Registrar of Voters (or the Secretary of State). They do not ensure that candidates are eligible to run for office. It’s really up to the candidate’s opposition, the media, and the public to make sure that candidates are legally qualified to run for office. Consider the case of Santos-who is he really? For an expert’s opinion about why we should have background checks for political candidates, read the article by former CIA chief interrogator, Barry McManus.
In truth, the fact that the Registrar of Voters cannot verify or prevent anyone from filing to run for office should make us all pause. There is only one way to challenge a candidate’s qualifications in Nevada. Someone has to file a complaint with the Secretary of State’s Office to start the process.
