Laws governing recall in Nevada
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Nevada. State and local officials, other than judges, are subject to recall in Nevada.
The broad right of recall in Nevada applies to all elective officers after the first six months of the term to which the incumbent was elected. Although the state's constitutional authorization for recall includes members of the U.S. Congress, the Nevada Secretary of State issued an advisory letter in 1978 saying that voters in the state cannot actually vote to recall the federal politicians from their state.[1]
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Officers subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[2] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
The citizens of Nevada are granted the authority to perform a recall election by Section 9 of Article II of the Nevada Constitution, which says:
- "Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents."[3]
The Nevada Supreme Court ruled in April 2017, however, that judges cannot be recalled. The court's decision stated that, although judges are "public officers," the section of the constitution allowing recall against every public officer was superseded by the establishment of the Nevada Commission on Judicial Discipline in 1976.[4]
Local officials
Local officials, other than judges, are subject to recall under the Nevada Constitution Art. 2, § 9.[3]
Process
Prerequisites
Notice of intention
Before a petition to recall is circulated, a notice of intent must be filed with the appropriate filing officer. The appropriate filing officer is the official with whom the officeholder being recalled filed a declaration or acceptance of candidacy. This will either be a County Clerk, Registrar of Voters, City Clerk, or the Secretary of State. The notice of intent must be signed before a notary public by three registered voters who have voted in the state, county, district or municipality that elected the public officer in the last election.[5]
Petition
Signature requirements
In accordance with a December 11, 2009, court ruling (Waymire v. Miller), a Nevada District Court judge ruled that any registered voter who lives in the district represented by the officeholder being recalled is eligible to sign a recall petition. The ruling overrides the existing law that stipulates that only registered voters who voted in the previous election are eligible to sign a recall petition.[6]
The previous law stated: The number of valid signatures required for a recall election is 25 percent of the number of persons that voted in the last preceding election for the office of the official sought to be recalled. Each signer must be a qualified voter within the district represented by the officeholder being recalled.
Then, in June 2010, the Nevada Supreme Court overturned the lower court ruling, and said that signatures on recall petitions, in order to be counted, must be the signatures of voters who actually voted in the election at which the official to be recalled was elected. The Nevada Supreme Court decision was 7-0. In 2015, the Nevada State Legislature approved Nevada Assembly Bill 23, which was designed to make the law more clearly conform to the state supreme court ruling.
The decision was written by Kris Pickering and said that the Nevada Constitution requires those who seek to recall public officers to collect signatures of at least 25 percent of the voters who "actually" voted in the election when the officers won their seats: "Counting only the signatures of people who voted in the relevant election, neither petition met the 25 percent needed to qualify."[7] She also wrote that the Webster's Dictionary definition of "actually" means a voter "really" must have voted in the election in which the officer subject to recall was elected.
Circulation timeline
Circulation of the recall petition must be completed within 90 days after the date on which the notice of intent was filed. The completed petition must be returned to the original filing officer before 90 days for signature verification.[8]
Signature verification
Following circulation, the Secretary of State will determine whether or not the petition is "sufficient" based upon the County Clerk or Registrars’ certified results of the signature verification.
Election
Following signature verification, the filing officer will then issue a call for a special election in the jurisdiction represented by the officeholder being recalled between 10 and 20 days after the Secretary of State has given notification that the petition is sufficient, unless a court complaint has been filed. The special election must then be held within 30 days after the filing officer issues this call.
NRS § 306.070 provides the manner of election:
"1. If there are no other candidates nominated to be voted for at the special election, there must be printed on the ballot the name of the officer sought to be recalled, the office which he or she holds, and the words “For Recall” and “Against Recall.”
2. If there are other candidates nominated for the office to be voted for at the special election, there must be printed upon the ballot the name of the officer sought to be recalled, and the office which he or she holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words “For Recall” and “Against Recall” must be omitted.
3. In other respects the ballot must conform with the requirements of this title."[9]
Legislation involving recall elections
The table below lists bills related to recall elections in Nevada. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
- ↑ Washington Times, "Reckless Congress makes case for recall," December 17, 2010
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ 3.0 3.1 Find Law, "Nevada Constitution Art. 2, § 9. Recall of public officers: Procedure and limitations," accessed September 19, 2025
- ↑ The Recall Elections Blog, "Nevada: State Supreme Court rules that Judges aren't subjected to recall law," April 14, 2017
- ↑ Nevada Revised Statutes, "Chapter 306 - Recall of Public Officers," accessed February 17, 2023
- ↑ Ballot Access News, "Nevada Court Rules That Any Registered Voter May Sign a Recall Petition," December 15, 2009
- ↑ Las Vegas Review Journal, "Court reverses ruling allowing recall election," July 3, 2010
- ↑ Nevada Secretary of State, "Recall Guide," accessed September 14, 2020
- ↑ Nevada Revised Statutes - Chapter 306, "306.070 Ballots for special election: Form of ballots when no other candidates nominated; form of ballots when other candidates nominated; conformity of ballots with other laws governing elections." accessed September 17, 2025
