Assembly Bill No. 444–Committee on Elections,
Procedures, and Ethics

(On Behalf of Secretary of State)

March 10, 1999

____________

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning city elections. (BDR 24-975)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to city elections; clarifying the application of certain provisions of Title 24 of NRS to city elections; requiring city clerks to publish a notice of the primary city election and general city election; authorizing the governing body of a city to establish the filing fee for candidates for city offices by resolution; eliminating the requirement that the special polling place must be maintained in the office of the city clerk; changing the date by which the city clerk must provide a voting booth for voting absent ballots in the office of the city clerk; prohibiting electioneering around or inside the office of the city clerk during the period for voting absent ballots in the office of the city clerk; changing the requirements for the appointment of members to the ballot board for early voting for a city election; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 293 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "City of the second class" means a city:

1-4 1. Organized pursuant to the provisions of chapter 266 of NRS; or

1-5 2. Incorporated pursuant to a special charter,

1-6 whose population is more than 5,000 and less than 20,000.

1-7 Sec. 3. "City of the third class" means a city:

1-8 1. Organized pursuant to the provisions of chapter 266 of NRS; or

2-1 2. Incorporated pursuant to a special charter,

2-2 whose population is 5,000 or less.

2-3 Sec. 4. NRS 293.010 is hereby amended to read as follows:

2-4 293.010 As used in this Title, unless the context otherwise requires,

2-5 the words and terms defined in NRS 293.013 to 293.121, inclusive, and

2-6 sections 2 and 3 of this act, have the meanings ascribed to them in those

2-7 sections.

2-8 Sec. 5. NRS 293.038 is hereby amended to read as follows:

2-9 293.038 "City of the first class " [," "city of the second class" or "city

2-10 of the third class"] means a city:

2-11 1. Organized pursuant to the provisions of chapter 266 of NRS; or

2-12 2. Incorporated pursuant to a special charter,

2-13 [having a population described in subsections 1, 2 and 3 of NRS 266.055,

2-14 respectively.] whose population is 20,000 or more.

2-15 Sec. 6. NRS 293.214 is hereby amended to read as follows:

2-16 293.214 The county [or city] clerk shall establish at least one polling

2-17 place for a precinct in any residential development exclusively for elderly

2-18 persons if:

2-19 1. More than 100 of the residents of the development are registered to

2-20 vote;

2-21 2. There is a common area which is adequate and available; and

2-22 3. The owner of the development consents to the establishment of the

2-23 polling place on his property.

2-24 Sec. 7. NRS 293.2175 is hereby amended to read as follows:

2-25 293.2175 1. The county [or city] clerk may appoint a pupil as a

2-26 trainee for the position of election board officer. To qualify for such an

2-27 appointment, the pupil must be:

2-28 (a) A United States citizen, a resident of Nevada and a resident of the

2-29 county in which he serves;

2-30 (b) Enrolled as a senior in high school;

2-31 (c) At the time of service, enrolled in or have completed a high school

2-32 course in American government in accordance with NRS 389.020; and

2-33 (d) Performing at an academic level deemed acceptable by the principal

2-34 of the pupil’s high school.

2-35 2. The county [or city] clerk may only appoint a pupil as a trainee if:

2-36 (a) The pupil is appointed without party affiliation;

2-37 (b) The county [or city] clerk sends the pupil a certificate stating the

2-38 date and hours the pupil, upon approval, will act as trainee;

2-39 (c) At least 20 days before the election in which the pupil will act as

2-40 trainee, the principal of his high school receives the county [or city] clerk’s

2-41 certificate and a written request signed by his parent or guardian to be

2-42 excused from school for the time specified in the certificate;

2-43 (d) The principal of the high school approves the pupil’s request; and

3-1 (e) The pupil attends the training class required by NRS 293B.260.

3-2 3. The county [or city] clerk may assign a trainee such duties as the

3-3 county [or city] clerk deems appropriate. The county [or city] clerk shall

3-4 not require the trainee to perform those duties later than 10 p.m. or any

3-5 applicable curfew, whichever is earlier.

3-6 4. The county [or city] clerk may compensate a trainee for his service

3-7 at the same rate fixed for election board officers generally.

3-8 Sec. 8. NRS 293.220 is hereby amended to read as follows:

3-9 293.220 Upon the selection of persons to act as election board officers

3-10 pursuant to NRS 293.217 or as trainees pursuant to NRS 293.2175, the

3-11 county [or city] clerk shall deliver, by mail or other means, notifications of

3-12 the appointments to those persons.

3-13 Sec. 9. NRS 293.223 is hereby amended to read as follows:

3-14 293.223 If any person appointed to serve as an election board officer

3-15 pursuant to NRS 293.217 or as a trainee pursuant to NRS 293.2175 is

3-16 unwilling to serve as appointed, he shall notify the county [or city] clerk

3-17 within 5 days after receipt of the notification that he is unwilling to serve,

3-18 whereupon the county [or city] clerk shall appoint some other registered

3-19 voter to serve at the election.

3-20 Sec. 10. NRS 293.227 is hereby amended to read as follows:

3-21 293.227 1. Each election board consists of at least three members,

3-22 one of whom must be designated chairman by the county or city clerk. The

3-23 boards shall make the records of election required by this chapter.

3-24 2. The appointment of a trainee as set forth in NRS 293.2175 and

3-25 section 16 of this act may be used to determine the number of members on

3-26 the election board, but under no circumstances may trainees comprise more

3-27 than one-third of the election board of any precinct or serve as chairman of

3-28 the election board.

3-29 3. The county or city clerk shall conduct or cause to be conducted, at

3-30 least 5 days before the date of the election for which the boards are

3-31 appointed, a school to acquaint the chairmen with the election laws, duties

3-32 of election boards, regulations of the secretary of state and with the

3-33 procedure for making the records of election and using the register for

3-34 election boards. If the person appointed chairman is unable for any reason

3-35 to attend the school, he shall appoint some other member of his election

3-36 board to attend the school in his stead.

3-37 4. The board of county commissioners of any county or the city

3-38 council of any city may reimburse the chairmen or their [designates]

3-39 designees who attend the school for their travel expenses at a rate not

3-40 exceeding 10 cents per mile.

3-41 5. Each chairman shall instruct his board before election day.

4-1 Sec. 11. NRS 293.274 is hereby amended to read as follows:

4-2 293.274 1. The county [or city] clerk shall allow members of the

4-3 general public to observe the conduct of voting at a polling place.

4-4 2. A member of the general public shall not photograph the conduct of

4-5 voting at a polling place or record the conduct of voting on audiotape or

4-6 any other means of sound or video reproduction.

4-7 3. For the purposes of this section, a member of the general public

4-8 does not include any person who:

4-9 (a) Gathers information for communication to the public;

4-10 (b) Is employed or engaged by or has contracted with a newspaper,

4-11 periodical, press association or radio or television station; and

4-12 (c) Is acting solely within his professional capacity.

4-13 Sec. 12. NRS 293.465 is hereby amended to read as follows:

4-14 293.465 If an election is prevented in any precinct or district by reason

4-15 of the loss or destruction of the ballots intended for that precinct, or any

4-16 other cause, the election officers for that precinct or district shall make an

4-17 affidavit setting forth that fact and transmit it to the appropriate board of

4-18 county commissioners . [or city council.] Upon receipt of the affidavit and

4-19 upon the application of any candidate for any office to be voted for by the

4-20 registered voters of that precinct or district, the board of county

4-21 commissioners [or city council] shall order a new election in that precinct

4-22 or district.

4-23 Sec. 13. Chapter 293C of NRS is hereby amended by adding thereto

4-24 the provisions set forth as sections 14 to 25, inclusive, of this act.

4-25 Sec. 14. Not later than 30 days before the primary city election and

4-26 the primary general election, the city clerk shall cause to be published a

4-27 notice of the election in a newspaper of general circulation in the city

4-28 once a week for 2 successive weeks. If a newspaper of general circulation

4-29 is not published in the city, the publication may be made in a newspaper

4-30 of general circulation published within the county in which the city is

4-31 located. If a newspaper of general circulation is not published in that

4-32 county, the publication may be made in a newspaper of general

4-33 circulation published in the nearest Nevada county. The notice must

4-34 contain:

4-35 1. The date of the election.

4-36 2. The location of the polling places.

4-37 3. The hours during which the polling places will be open for voting.

4-38 4. The names of the candidates.

4-39 5. A list of the offices to which the candidates seek nomination or

4-40 election.

5-1 Sec. 15. The city clerk shall establish at least one polling place for a

5-2 precinct in any residential development exclusively for elderly persons if:

5-3 1. More than 100 of the residents of the development are registered

5-4 to vote;

5-5 2. There is a common area in the development which is adequate and

5-6 available; and

5-7 3. The owner of the development consents to the establishment of the

5-8 polling place on his property.

5-9 Sec. 16. 1. The city clerk may appoint a pupil as a trainee for the

5-10 position of election board officer. To qualify for such an appointment,

5-11 the pupil must be:

5-12 (a) A United States citizen, a resident of Nevada and a resident of the

5-13 city in which he serves;

5-14 (b) Enrolled as a senior in high school;

5-15 (c) At the time of service, enrolled in or have completed a high school

5-16 course in American government in accordance with NRS 389.020; and

5-17 (d) Performing at an academic level deemed acceptable by the

5-18 principal of the pupil’s high school.

5-19 2. The city clerk may only appoint a pupil as a trainee if:

5-20 (a) The pupil is appointed without party affiliation;

5-21 (b) The city clerk sends the pupil a certificate stating the date and

5-22 hours the pupil, upon approval, will act as a trainee;

5-23 (c) At least 20 days before the election in which the pupil will act as a

5-24 trainee, the principal of his high school receives the city clerk’s

5-25 certificate and a written request signed by his parent or guardian to be

5-26 excused from school for the time specified in the certificate;

5-27 (d) The principal of the high school approves the pupil’s request; and

5-28 (e) The pupil attends the training class required by NRS 293B.260.

5-29 3. The city clerk may assign a trainee such duties as the city clerk

5-30 deems appropriate. The city clerk shall not require the trainee to perform

5-31 those duties later than 10 p.m., or any applicable curfew, whichever is

5-32 earlier.

5-33 4. The city clerk may compensate a trainee for his service at the same

5-34 rate fixed for election board officers generally.

5-35 Sec. 17. Upon the selection of persons to act as election board

5-36 officers pursuant to NRS 293C.220 or as trainees pursuant to section 16

5-37 of this act, the city clerk shall deliver, by mail or other means,

5-38 notifications of the appointments to those persons.

5-39 Sec. 18. If any person appointed to serve as an election board officer

5-40 pursuant to NRS 293C.220 or as a trainee pursuant to section 16 of this

5-41 act is unwilling to serve as appointed, he shall notify the city clerk within

5-42 5 days after receipt of the notification that he is unwilling to serve,

6-1 whereupon the city clerk shall appoint some other registered voter to

6-2 serve at the election.

6-3 Sec. 19. An absent ballot for a city election or a ballot for a city

6-4 election voted by a voter who resides in a mailing precinct must be voted

6-5 on a paper ballot or a ballot which is voted by punching a card.

6-6 Sec. 20. 1. A ballot prepared for use in a city election must be

6-7 dated and marked in such a manner as to indicate clearly at which city

6-8 election the ballot will be used.

6-9 2. If a ballot includes a detachable stub, both the ballot and the stub

6-10 must include the date of the city election and indicate clearly at which

6-11 city election the ballot will be used.

6-12 3. If a ballot includes a voting receipt which has two parts, each part

6-13 of the voting receipt must include the date of the city election and

6-14 indicate clearly at which city election the ballot will be used.

6-15 Sec. 21. 1. The city clerk shall allow members of the general

6-16 public to observe the conduct of voting at a polling place for a city

6-17 election.

6-18 2. A member of the general public shall not photograph the conduct

6-19 of voting at a polling place for a city election or record the conduct of

6-20 voting on audiotape or any other means of sound or video reproduction.

6-21 3. For the purposes of this section, a member of the general public

6-22 does not include any person who:

6-23 (a) Gathers information for communication to the public;

6-24 (b) Is employed or engaged by or has contracted with a newspaper,

6-25 periodical, press association or radio or television station; and

6-26 (c) Is acting solely within his professional capacity.

6-27 Sec. 22. 1. During the period specified in subsection 2 of NRS

6-28 293C.327 when the city clerk’s office is maintained with suitable

6-29 equipment for voting an absent ballot in person:

6-30 (a) A person may not electioneer for or against any candidate,

6-31 measure or political party in or within 100 feet from the entrance to the

6-32 city clerk’s office.

6-33 (b) The city clerk shall keep continuously posted:

6-34 (1) At each entrance to the city clerk’s office, a sign on which is

6-35 printed in large letters "Polling Place for Voting Absent Ballots"; and

6-36 (2) At the outer limits of the area within which electioneering is

6-37 prohibited, a sign on which is printed in large letters "Distance Marker:

6-38 No electioneering between this point and any entrance to the city clerk’s

6-39 office."

6-40 2. Ropes or other suitable objects may be used at the city clerk’s

6-41 office to ensure compliance with this section.

6-42 3. Any person who willfully violates the provisions of this section is

6-43 guilty of a gross misdemeanor.

7-1 Sec. 23. A certificate of election or commission must not be withheld

7-2 from the person having the highest number of votes for the city office

7-3 because of any contest of election filed in the city election or any defect

7-4 or informality in the returns of any city election, if it can be ascertained

7-5 with reasonable certainty from the returns what city office is intended

7-6 and who is entitled to the certificate or commission.

7-7 Sec. 24. Each container used to transport official ballots to a central

7-8 counting place pursuant to NRS 293C.3602, 293C.630 and 293C.635

7-9 must:

7-10 1. Be constructed of metal or any other rigid material; and

7-11 2. Contain a seal which is placed on the container to ensure

7-12 detection of any opening of the container.

7-13 The container and seal must be separately numbered for identification.

7-14 Sec. 25. If a city election is prevented in any precinct or district by

7-15 reason of the loss or destruction of the ballots intended for that precinct

7-16 or district, or any other cause, the election officers for that precinct or

7-17 district shall make an affidavit setting forth that fact and transmit it to

7-18 the governing body of the appropriate city. Upon receipt of the affidavit

7-19 and upon the application of any candidate for any city office to be voted

7-20 for by the registered voters of that precinct or district, the governing body

7-21 of the city shall order a new election in that precinct or district.

7-22 Sec. 26. NRS 293C.145 is hereby amended to read as follows:

7-23 293C.145 1. A general city election must be held in each city of the

7-24 third class on the first Tuesday after the first Monday in June of the first

7-25 odd-numbered year after incorporation, and on the same day every 2 years

7-26 thereafter, as determined by ordinance.

7-27 2. There must be one mayor and three or five councilmen, as the city

7-28 council shall provide, by ordinance, for each city of the third class. The

7-29 terms of office of the mayor and the councilmen are 4 years, which terms

7-30 must be staggered. The mayor and councilmen elected to office

7-31 immediately after incorporation shall decide, by lot, among themselves

7-32 which two of their offices expire at the next general city election, and

7-33 thereafter the terms of office must be 4 years. If a city council thereafter

7-34 increases the number of councilmen, it shall, by lot, stagger the initial

7-35 terms of the additional members.

7-36 3. A candidate for any office to be voted for at the general city election

7-37 must file a declaration of candidacy with the city clerk not less than 60

7-38 days nor more than 70 days before the day of the general city election. The

7-39 city clerk shall charge and collect from the candidate and the candidate

7-40 must pay to the city clerk, at the time of filing the declaration of candidacy,

7-41 a filing fee in an amount fixed by the city council by ordinance [.] or

7-42 resolution.

8-1 4. Candidates for mayor must be voted upon by the electors of the city

8-2 at large. Candidates for councilmen must be voted upon by the electors of

8-3 their respective wards to represent the wards in which they reside or by the

8-4 electors of the city at large in accordance with the provisions of chapter

8-5 266 of NRS.

8-6 Sec. 27. NRS 293C.175 is hereby amended to read as follows:

8-7 293C.175 1. A primary city election must be held in each city of the

8-8 first class, and in each city of the second class that has so provided by

8-9 ordinance, on the first Tuesday after the first Monday in May of every year

8-10 in which a general city election is to be held, at which time there must be

8-11 nominated candidates for offices to be voted for at the next general city

8-12 election.

8-13 2. A candidate for any office to be voted for at the primary city

8-14 election must file a declaration of candidacy with the city clerk not less

8-15 than 60 days nor more than 70 days before the date of the primary city

8-16 election. The city clerk shall charge and collect from the candidate and the

8-17 candidate must pay to the city clerk, at the time of filing the declaration of

8-18 candidacy, a filing fee in an amount fixed by the governing body of the

8-19 city [council] by ordinance [.] or resolution. The filing fees collected by

8-20 the city clerk must be deposited to the credit of the general fund of the city.

8-21 3. All candidates, except as otherwise provided in NRS 266.220, must

8-22 be voted upon by the electors of the city at large.

8-23 4. If, in a primary city election held in a city of the first or second

8-24 class, one candidate receives more than a majority of votes cast in that

8-25 election for the office for which he is a candidate, his name alone must be

8-26 placed on the ballot for the general city election. If, in the primary city

8-27 election, no candidate receives a majority of votes cast in that election for

8-28 the office for which he is a candidate, the names of the two candidates

8-29 receiving the highest number of votes must be placed on the ballot for the

8-30 general city election.

8-31 Sec. 28. NRS 293C.180 is hereby amended to read as follows:

8-32 293C.180 1. [If] Except as otherwise provided in NRS 293C.190, if

8-33 at 5 p.m. on the last day for filing a declaration of candidacy, there is only

8-34 one candidate who has filed for nomination for an office, that candidate

8-35 must be declared elected and no election may be held for that office.

8-36 2. Except as otherwise provided in subsection 1, if not more than twice

8-37 the number of candidates to be elected have filed for nomination for an

8-38 office, the names of those candidates must be omitted from all ballots for a

8-39 primary city election and placed on all ballots for a general city election.

8-40 3. If more than twice the number of candidates to be elected have filed

8-41 for nomination for an office, the names of the candidates must appear on

9-1 the ballot for a primary city election. Except as otherwise provided in

9-2 subsection 4 of NRS 293C.175, those candidates who receive the highest

9-3 number of votes at that election, not to exceed twice the number to be

9-4 elected, must be declared nominees for the office.

9-5 Sec. 29. NRS 293C.185 is hereby amended to read as follows:

9-6 293C.185 1. Except as otherwise provided in NRS 293C.190, a

9-7 name may not be printed on a ballot to be used at a primary city election,

9-8 unless the person named has filed a declaration of candidacy or an

9-9 acceptance of candidacy and paid the fee established by the governing

9-10 body of the city not earlier than [40] 70 days before the primary city

9-11 election and not later than 5 p.m. on the [30th] 60th day before the primary

9-12 city election.

9-13 2. A declaration of candidacy required to be filed by this section must

9-14 be in substantially the following form:

9-15 Declaration of Candidacy of ........ for the

9-16 Office of ................

9-17 State of Nevada

9-18

9-19 City of

9-20 For the purpose of having my name placed on the official ballot as a

9-21 candidate for the office of ................, I, the undersigned ................, do

9-22 swear or affirm under penalty of perjury that I reside at ......................, in

9-23 the City or Town of ................, County of .................., State of Nevada;

9-24 that my actual residence in the city, township or other area prescribed by

9-25 law to which the office pertains began on a date 30 days or more before the

9-26 date of the close of filing of declarations of candidacy for this office; that if

9-27 nominated as a candidate at the ensuing election I will accept the

9-28 nomination and not withdraw; that I will not knowingly violate any

9-29 election law or any law defining and prohibiting corrupt and fraudulent

9-30 practices in campaigns and elections in this state; that I will qualify for the

9-31 office if elected thereto, including, but not limited to, complying with any

9-32 limitation prescribed by the constitution and laws of this state concerning

9-33 the number of years or terms for which a person may hold the office; and

9-34 my name will appear on all ballots as designated in this declaration.

9-35

9-36 (Designation of name)

9-37

9-38 (Signature of candidate for office)

10-1 Subscribed and sworn to before

10-2 me this ..... day of ........, 19...

10-3

10-4 Notary Public or other person

10-5 authorized to administer an oath

10-6 3. A person may be a candidate under his given name and surname, a

10-7 contraction or familiar form of his given name followed by his surname or

10-8 the initial of his given name followed by his surname. A nickname of not

10-9 more than 10 letters may be incorporated into a candidate’s name. The

10-10 nickname must be in quotation marks and appear immediately before the

10-11 candidate’s surname. A nickname must not indicate any political,

10-12 economic, social or religious view or affiliation and must not be the name

10-13 of any person, living or dead, whose reputation is known on a statewide,

10-14 nationwide or worldwide basis, or in any other manner deceive a voter

10-15 concerning the person or principles for which he is voting.

10-16 4. The address of a candidate that must be included in the declaration

10-17 or acceptance of candidacy pursuant to subsection 2 must be the street

10-18 address of the residence where he actually resides, if one has been

10-19 assigned. The declaration or acceptance of candidacy must not be accepted

10-20 for filing if the candidate’s address is listed as a post office box unless a

10-21 street address has not been assigned to his residence.

10-22 Sec. 30. NRS 293C.190 is hereby amended to read as follows:

10-23 293C.190 1. [A vacancy occurring in a nomination for a city office]

10-24 If, at 5 p.m. on the last day for filing, only one person has filed a

10-25 declaration of candidacy or acceptance of candidacy for a city office and

10-26 a vacancy occurs in that candidacy after the close of filing and before the

10-27 first Tuesday after the first Monday in May in a year in which a general

10-28 city election is held , the vacancy must be filled by filing a nominating

10-29 petition that is signed by at least 1 percent of the persons who are

10-30 registered to vote and who voted for that office at the last preceding

10-31 general city election. The petition must be filed not earlier than 30 days

10-32 before the date of the primary city election and not later than the third

10-33 Tuesday after the third Monday in May. A candidate nominated pursuant

10-34 to the provisions of this subsection may be elected only at a general city

10-35 election and his name must not appear on the ballot for a primary city

10-36 election.

10-37 2. A vacancy occurring in a nomination for a city office after a

10-38 primary city election and before the second Tuesday after the second

10-39 Monday in May must be filled by the person who received the next highest

10-40 vote for the nomination in the primary city election.

11-1 3. Except to place a candidate nominated pursuant to subsection 1 on

11-2 the ballot, no change may be made on the ballot after the second Tuesday

11-3 after the second Monday in May of the year in which the general city

11-4 election is held. If a nominee dies after that date, his name must remain on

11-5 the ballot and, if elected, a vacancy exists.

11-6 4. All designations provided for in this section must be filed before 5

11-7 p.m. on the second Tuesday after the second Monday in May of the year in

11-8 which the general city election is held. The filing fee must be paid and an

11-9 acceptance of the designation must be filed before 5 p.m. on that date.

11-10 Sec. 31. NRS 293C.220 is hereby amended to read as follows:

11-11 293C.220 1. The city clerk shall appoint and notify registered voters

11-12 to act as election board officers for the various precincts and districts in the

11-13 city as provided in NRS [293.220 to 293.227, inclusive,] 293.225,

11-14 293.227, 293C.230 to 293C.250, inclusive, and sections 17 and 18 of this

11-15 act and NRS 293C.382, and shall conclude those duties not later than 31

11-16 days before the election. No candidate for nomination or election or his

11-17 relative within the second degree of consanguinity or affinity may be

11-18 appointed as an election board officer. Immediately after election board

11-19 officers are appointed, if requested by the city clerk, the chief law

11-20 enforcement officer of the city shall:

11-21 [1.] (a) Appoint an officer for each polling place in the city and for the

11-22 central election board or the absent ballot central counting board; or

11-23 [2.] (b) Deputize, as an officer for the election, an election board officer

11-24 for each polling place and for the central election board or the absent ballot

11-25 central counting board. The deputized officer may not receive any

11-26 additional compensation for the services he provides as an officer during

11-27 the election for which he is deputized.

11-28 Officers so appointed and deputized shall preserve order during hours of

11-29 voting and attend the closing of the polls.

11-30 2. The city clerk may appoint a trainee for the position of election

11-31 board officer as set forth in section 16 of this act.

11-32 Sec. 32. NRS 293C.295 is hereby amended to read as follows:

11-33 293C.295 1. If a person is successfully challenged on the ground set

11-34 forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person

11-35 refuses to provide an affirmation pursuant to NRS 293C.525, the election

11-36 board shall instruct the voter that he may vote only at the special polling

11-37 place in the manner set forth in this section.

11-38 2. The city clerk shall maintain [a] at least one special polling place

11-39 [in his office and] at such [other] locations as he deems necessary during

11-40 each election. The ballots voted at the special polling place must be kept

11-41 separate from the ballots of voters who have not been so challenged or

11-42 who have provided an affirmation pursuant to NRS 293C.525 in:

12-1 (a) A special ballot box if the ballots are paper ballots or ballots that are

12-2 voted by punching a card; or

12-3 (b) A special sealed container if the ballots are ballots that are voted on

12-4 a mechanical recording device which directly records the votes

12-5 electronically.

12-6 3. A person who votes at a special polling place may place his vote

12-7 only for the following offices and questions:

12-8 (a) All officers for whom all voters in the city may vote; and

12-9 (b) Questions that have been submitted to all voters of the city.

12-10 4. The ballots voted at the special polling place must be counted when

12-11 other ballots are counted and:

12-12 (a) If the ballots are paper ballots or ballots that are voted by punching a

12-13 card, maintained in a separate ballot box; or

12-14 (b) If the ballots are ballots that are voted on a mechanical recording

12-15 device that directly records the votes electronically, maintained in a

12-16 separate sealed container,

12-17 until any contest of election is resolved or the date for filing a contest of

12-18 election has passed, whichever is later.

12-19 Sec. 33. NRS 293C.327 is hereby amended to read as follows:

12-20 293C.327 1. If a request for an absent ballot is made by a registered

12-21 voter in person, the city clerk shall issue an absent ballot to the registered

12-22 voter, and the ballot must be voted on the premises of the city clerk’s

12-23 office and returned to the city clerk. The city clerk shall follow the same

12-24 procedure as in the case of absent ballots received by mail.

12-25 2. At least [25] 20 days before a primary city election or general city

12-26 election until 5:00 p.m. on:

12-27 (a) The Friday before the election; or

12-28 (b) If the office of a city clerk is not scheduled to be open on the Friday

12-29 before the election, the Thursday before the election,

12-30 each city clerk shall provide a voting booth, with suitable equipment for

12-31 voting, on the premises of his office for use by registered voters who are

12-32 issued absent ballots in accordance with this section.

12-33 Sec. 34. NRS 293C.3598 is hereby amended to read as follows:

12-34 293C.3598 1. A ballot board for early voting must be appointed by

12-35 the city clerk to handle early voting ballots for that city.

12-36 2. The board must consist of two [co-chairmen who must be of

12-37 different political parties and at least two other members who may be of

12-38 the same political party as one of the co-chairmen but must not be of the

12-39 same political party as any other member.] members. No candidate or his

12-40 relative within the second degree of consanguinity or affinity may be

12-41 appointed as an election board member.

13-1 Sec. 35. Section 5.010 of the charter of Carson City, being chapter

13-2 213, Statutes of Nevada 1969, as last amended by chapter 686, Statutes of

13-3 Nevada 1997, at page 3478, is hereby amended to read as follows:

13-4 Sec. 5.010 Primary election.

13-5 1. A primary election must be held on the date fixed by the

13-6 election laws of this state [,] for statewide elections, at which time

13-7 there must be nominated candidates for offices to be voted for at

13-8 the next general election.

13-9 2. A candidate for any office to be voted for at any primary

13-10 election must file a declaration of candidacy as provided by the

13-11 election laws of this state.

13-12 3. [A candidate for mayor, supervisor, municipal judge or any

13-13 other office not otherwise provided for by law must pay to the

13-14 clerk, at the time of filing the declaration of candidacy, the filing

13-15 fee in the amount fixed by chapter 293 of NRS for county offices.

13-16 4.] All candidates for the office of mayor and supervisor, and

13-17 candidates for the office of municipal judge if a third department of

13-18 the municipal court has been established, must be voted upon by

13-19 the registered voters of Carson City at large.

13-20 [5.] 4. If only two persons file for a particular office, their

13-21 names must not appear on the primary ballot but their names must

13-22 be placed on the ballot for the general election.

13-23 [6.] 5. If in the primary election one candidate receives more

13-24 than a majority of votes cast in that election for the office for which

13-25 he is a candidate, his name alone must be placed on the ballot for

13-26 the general election. If in the primary election no candidate receives

13-27 a majority of votes cast in that election for the office for which he

13-28 is a candidate, the names of the two candidates receiving the

13-29 highest numbers of votes must be placed on the ballot for the

13-30 general election.

13-31 Sec. 36. Section 5.010 of the charter of the City of Henderson, being

13-32 chapter 266, Statutes of Nevada 1971, as last amended by chapter 686,

13-33 Statutes of Nevada 1997, at page 3480, is hereby amended to read as

13-34 follows:

13-35 Sec. 5.010 Primary election.

13-36 1. A primary election must be held on the Tuesday after the

13-37 first Monday in May of each odd-numbered year, at which time

13-38 there must be nominated candidates for offices to be voted for at

13-39 the next general municipal election.

13-40 2. A candidate for any office to be voted for at any primary

13-41 municipal election must file a declaration of candidacy as provided

13-42 by the election laws of this state.

14-1 3. [A candidate for mayor, councilman, municipal judge or any

14-2 other office not otherwise provided for by law must pay to the city

14-3 clerk, at the time of filing the declaration of candidacy, the filing

14-4 fee in the amount fixed by the city council.

14-5 4.] All candidates for elective office must be voted upon by the

14-6 registered voters of the city at large.

14-7 [5.] 4. If in the primary election no candidate receives a

14-8 majority of votes cast in that election for the office for which he is

14-9 a candidate, the names of the two candidates receiving the highest

14-10 number of votes must be placed on the ballot for the general

14-11 election. If in the primary election, regardless of the number of

14-12 candidates for an office, one candidate receives a majority of votes

14-13 cast in that election for the office for which he is a candidate, he

14-14 must be declared elected and no general election need be held for

14-15 that office.

14-16 [6. If at 5 p.m. on the last day for filing a declaration of

14-17 candidacy, there is only one candidate for nomination for any

14-18 office, that candidate must be declared elected and no election may

14-19 be held for that office.]

14-20 Sec. 37. Section 5.010 of the charter of the City of Las Vegas, being

14-21 chapter 517, Statutes of Nevada 1983, as last amended by chapter 570,

14-22 Statutes of Nevada 1997, at page 2790, is hereby amended to read as

14-23 follows:

14-24 Sec. 5.010 Primary municipal elections.

14-25 1. On the Tuesday after the [1st] first Monday in May 1985,

14-26 and at each successive interval of 4 years, a primary municipal

14-27 election must be held in the city at which time candidates for two

14-28 offices of councilman and for municipal judge, department 2, must

14-29 be nominated.

14-30 2. On the Tuesday after the [1st] first Monday in May 1987,

14-31 and at each successive interval of 4 years, a primary municipal

14-32 election must be held in the city at which time candidates for

14-33 mayor, for two offices of councilman and for municipal judge,

14-34 department 1, must be nominated.

14-35 3. The candidates for councilman who are to be nominated as

14-36 provided in subsections 1 and 2 must be nominated and voted for

14-37 separately according to the respective wards. The candidates from

14-38 wards 2 and 4 must be nominated as provided in subsection 1, and

14-39 the candidates from wards 1 and 3 must be nominated as provided

14-40 in subsection 2.

14-41 4. If the city council has established an additional department

14-42 or departments of the municipal court pursuant to section 4.010 of

14-43 this charter, and, as a result, more than one office of municipal

15-1 judge is to be filled at any election, the candidates for those offices

15-2 must be nominated and voted upon separately according to the

15-3 respective departments.

15-4 5. Each candidate for the municipal offices which are provided

15-5 for in subsections 1, 2 and 4 must file a declaration of candidacy

15-6 with the city clerk. [The city clerk shall collect from each

15-7 candidate, at the time of filing that candidate’s declaration of

15-8 candidacy, the filing fee which is prescribed by ordinance for that

15-9 office. All of the] All filing fees [which are] collected by the city

15-10 clerk must be paid into the city treasury.

15-11 6. [If, at 5 p.m. on the last day for filing a declaration of

15-12 candidacy, there is only one candidate for nomination for any

15-13 office, that candidate must be declared elected for the term which

15-14 commences on the day of the first regular meeting of the city

15-15 council next succeeding the meeting at which the canvass of the

15-16 returns is made, and no primary or general election need be held for

15-17 that office.

15-18 7.] If, in the primary election, regardless of the number of

15-19 candidates for an office, one candidate receives a majority of votes

15-20 which are cast in that election for the office for which he is a

15-21 candidate, he must be declared elected for the term which

15-22 commences on the day of the first regular meeting of the city

15-23 council next succeeding the meeting at which the canvass of the

15-24 returns is made, and no general election need be held for that

15-25 office. If, in the primary election, no candidate receives a majority

15-26 of votes which are cast in that election for the office for which he is

15-27 a candidate, the names of the two candidates who receive the

15-28 highest number of votes must be placed on the ballot for the

15-29 general election.

15-30 Sec. 38. Section 5.020 of the charter of the City of Reno, being

15-31 chapter 662, Statutes of Nevada 1971, as last amended by chapter 686,

15-32 Statutes of Nevada 1997, at page 3481, is hereby amended to read as

15-33 follows:

15-34 Sec. 5.020 Primary elections; declaration of candidacy.

15-35 1. A candidate for any office to be voted for at an election must

15-36 file a declaration of candidacy with the city clerk. [The city clerk

15-37 shall charge and collect from the candidate and the candidate must

15-38 pay to the city clerk, at the time of filing his declaration of

15-39 candidacy, a filing fee of $25.] All filing fees [so] collected by the

15-40 city clerk must be deposited to the credit of the general fund of the

15-41 city.

15-42 2. If for any general election, there are three or more

15-43 candidates for any office to be filled at that election, a primary

16-1 election for any such office must be held on the first Tuesday in

16-2 September preceding the general election. If for any general

16-3 election there are two or fewer candidates for any office to be filled

16-4 at that election, their names must not be placed on the ballot for the

16-5 primary election but must be placed on the ballot for the general

16-6 election.

16-7 3. In the primary election:

16-8 (a) The names of the two candidates for municipal judge, city

16-9 attorney, or a particular city council seat, as the case may be, who

16-10 receive the highest number of votes must be placed on the ballot for

16-11 the general election.

16-12 (b) Candidates for councilman who represent a specific ward

16-13 must be voted upon only by the registered voters of that ward.

16-14 (c) Candidates for mayor and councilman at large must be voted

16-15 upon by all registered voters of the city.

16-16 4. The mayor and all councilmen must be voted upon by all

16-17 registered voters of the city at the general election.

16-18 Sec. 39. The amendatory provisions of this act do not apply to

16-19 offenses that were committed before the effective date of this act.

16-20 Sec. 40. This act becomes effective upon passage and approval.

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