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, the

2-5 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 council

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

3-39 attend the school for their travel expenses at a rate not exceeding 10 cents

3-40 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 does

4-8 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 26, inclusive, of this act.

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

4-26 the general city 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.

4-41 Sec. 15. The city clerk shall establish at least one polling place for a

4-42 precinct in any residential development exclusively for elderly persons if:

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

5-2 to vote;

5-3 2. There is a common area in the development which is adequate and

5-4 available; and

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

5-6 polling place on his property.

5-7 Sec. 16. 1. The city clerk may appoint a pupil as a trainee for the

5-8 position of election board officer. To qualify for such an appointment,

5-9 the pupil must be:

5-10 (a) A United States citizen, a resident of Nevada and a resident of the

5-11 city in which he serves;

5-12 (b) Enrolled as a senior in high school;

5-13 (c) At the time of service, enrolled in or have completed a high school

5-14 course in American government in accordance with NRS 389.020; and

5-15 (d) Performing at an academic level deemed acceptable by the

5-16 principal of the pupil’s high school.

5-17 2. The city clerk may only appoint a pupil as a trainee if:

5-18 (a) The pupil is appointed without party affiliation;

5-19 (b) The city clerk sends the pupil a certificate stating the date and

5-20 hours the pupil, upon approval, will act as a trainee;

5-21 (c) At least 20 days before the election in which the pupil will act as a

5-22 trainee, the principal of his high school receives the city clerk’s

5-23 certificate and a written request signed by his parent or guardian to be

5-24 excused from school for the time specified in the certificate;

5-25 (d) The principal of the high school approves the pupil’s request; and

5-26 (e) The pupil attends the training class required by NRS 293B.260.

5-27 3. The city clerk may assign a trainee such duties as the city clerk

5-28 deems appropriate. The city clerk shall not require the trainee to perform

5-29 those duties later than 10 p.m., or any applicable curfew, whichever is

5-30 earlier.

5-31 4. The city clerk may compensate a trainee for his service at the

5-32 same rate fixed for election board officers generally.

5-33 Sec. 17. Upon the selection of persons to act as election board

5-34 officers pursuant to NRS 293C.220 or as trainees pursuant to section 16

5-35 of this act, the city clerk shall deliver, by mail or other means,

5-36 notifications of the appointments to those persons.

5-37 Sec. 18. If any person appointed to serve as an election board officer

5-38 pursuant to NRS 293C.220 or as a trainee pursuant to section 16 of this

5-39 act is unwilling to serve as appointed, he shall notify the city clerk within

5-40 5 days after receipt of the notification that he is unwilling to serve,

5-41 whereupon the city clerk shall appoint some other registered voter to

5-42 serve at the election.

6-1 Sec. 19. An absent ballot for a city election or a ballot for a city

6-2 election voted by a voter who resides in a mailing precinct must be voted

6-3 on a paper ballot or a ballot which is voted by punching a card.

6-4 Sec. 20. 1. A ballot prepared for use in a city election must be

6-5 dated and marked in such a manner as to indicate clearly at which city

6-6 election the ballot will be used.

6-7 2. If a ballot includes a detachable stub, both the ballot and the stub

6-8 must include the date of the city election and indicate clearly at which

6-9 city election the ballot will be used.

6-10 3. If a ballot includes a voting receipt which has two parts, each part

6-11 of the voting receipt must include the date of the city election and

6-12 indicate clearly at which city election the ballot will be used.

6-13 Sec. 21. 1. The city clerk shall allow members of the general

6-14 public to observe the conduct of voting at a polling place for a city

6-15 election.

6-16 2. A member of the general public shall not photograph the conduct

6-17 of voting at a polling place for a city election or record the conduct of

6-18 voting on audiotape or any other means of sound or video reproduction.

6-19 3. For the purposes of this section, a member of the general public

6-20 does not include any person who:

6-21 (a) Gathers information for communication to the public;

6-22 (b) Is employed or engaged by or has contracted with a newspaper,

6-23 periodical, press association or radio or television station; and

6-24 (c) Is acting solely within his professional capacity.

6-25 Sec. 22. 1. During the period specified in subsection 2 of NRS

6-26 293C.327 when the city clerk’s office is maintained with suitable

6-27 equipment for voting an absent ballot in person:

6-28 (a) A person may not electioneer for or against any candidate,

6-29 measure or political party in or within 100 feet from the entrance to the

6-30 city clerk’s office.

6-31 (b) The city clerk shall keep continuously posted:

6-32 (1) At each entrance to the city clerk’s office, a sign on which is

6-33 printed in large letters "Polling Place for Voting Absent Ballots"; and

6-34 (2) At the outer limits of the area within which electioneering is

6-35 prohibited, a sign on which is printed in large letters "Distance Marker:

6-36 No electioneering between this point and any entrance to the city clerk’s

6-37 office."

6-38 2. Ropes or other suitable objects may be used at the city clerk’s

6-39 office to ensure compliance with this section.

6-40 3. Any person who willfully violates the provisions of this section is

6-41 guilty of a gross misdemeanor.

6-42 Sec. 23. A certificate of election or commission must not be withheld

6-43 from the person having the highest number of votes for the city office

7-1 because of any contest of election filed in the city election or any defect

7-2 or informality in the returns of any city election, if it can be ascertained

7-3 with reasonable certainty from the returns what city office is intended

7-4 and who is entitled to the certificate or commission.

7-5 Sec. 24. Each container used to transport official ballots to a central

7-6 counting place pursuant to NRS 293C.3602, 293C.630 and 293C.635

7-7 must:

7-8 1. Be constructed of metal or any other rigid material; and

7-9 2. Contain a seal which is placed on the container to ensure

7-10 detection of any opening of the container.

7-11 The container and seal must be separately numbered for identification.

7-12 Sec. 25. If a city election is prevented in any precinct or district by

7-13 reason of the loss or destruction of the ballots intended for that precinct

7-14 or district, or any other cause, the election officers for that precinct or

7-15 district shall make an affidavit setting forth that fact and transmit it to

7-16 the governing body of the appropriate city. Upon receipt of the affidavit

7-17 and upon the application of any candidate for any city office to be voted

7-18 for by the registered voters of that precinct or district, the governing body

7-19 of the city shall order a new election in that precinct or district.

7-20 Sec. 26. The provisions of NRS 293C.356 to 293C.361, inclusive,

7-21 apply to a city only if the governing body of the city has provided for

7-22 early voting by personal appearance pursuant to paragraph (b) of

7-23 subsection 2 of NRS 293C.110.

7-24 Sec. 27. NRS 293C.110 is hereby amended to read as follows:

7-25 293C.110 1. [The] Except as otherwise provided in subsection 2,

7-26 conduct of any city election is under the control of the governing body of

7-27 the city, and it shall, by ordinance, provide for the holding of the election,

7-28 appoint the necessary election officers and election boards, and do all other

7-29 things required to carry the election into effect.

7-30 2. The governing body of the city shall provide for:

7-31 (a) Absent ballots to be voted in a city election pursuant to NRS

7-32 293C.305 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive;

7-33 and

7-34 (b) The conduct of:

7-35 (1) Early voting by personal appearance in a city election [may be

7-36 conducted] pursuant to [the provisions of] NRS 293C.356 to 293C.361,

7-37 inclusive [.] , and section 26 of this act;

7-38 (2) Voting by absent ballot in person in a city election pursuant to

7-39 NRS 293C.327; or

7-40 (3) Both early voting by personal appearance as described in

7-41 subparagraph (1) and voting by absent ballot in person as described in

7-42 subparagraph (2).

8-1 Sec. 28. NRS 293C.145 is hereby amended to read as follows:

8-2 293C.145 1. A general city election must be held in each city of the

8-3 third class on the first Tuesday after the first Monday in June of the first

8-4 odd-numbered year after incorporation, and on the same day every 2 years

8-5 thereafter, as determined by ordinance.

8-6 2. There must be one mayor and three or five councilmen, as the city

8-7 council shall provide, by ordinance, for each city of the third class. The

8-8 terms of office of the mayor and the councilmen are 4 years, which terms

8-9 must be staggered. The mayor and councilmen elected to office

8-10 immediately after incorporation shall decide, by lot, among themselves

8-11 which two of their offices expire at the next general city election, and

8-12 thereafter the terms of office must be 4 years. If a city council thereafter

8-13 increases the number of councilmen, it shall, by lot, stagger the initial terms

8-14 of the additional members.

8-15 3. A candidate for any office to be voted for at the general city election

8-16 must file a declaration of candidacy with the city clerk not less than 60 days

8-17 nor more than 70 days before the day of the general city election. The city

8-18 clerk shall charge and collect from the candidate and the candidate must

8-19 pay to the city clerk, at the time of filing the declaration of candidacy, a

8-20 filing fee in an amount fixed by the city council by ordinance [.] or

8-21 resolution.

8-22 4. Candidates for mayor must be voted upon by the electors of the city

8-23 at large. Candidates for councilmen must be voted upon by the electors of

8-24 their respective wards to represent the wards in which they reside or by the

8-25 electors of the city at large in accordance with the provisions of chapter 266

8-26 of NRS.

8-27 Sec. 29. NRS 293C.175 is hereby amended to read as follows:

8-28 293C.175 1. A primary city election must be held in each city of the

8-29 first class, and in each city of the second class that has so provided by

8-30 ordinance, on the first Tuesday after the first Monday in May of every year

8-31 in which a general city election is to be held, at which time there must be

8-32 nominated candidates for offices to be voted for at the next general city

8-33 election.

8-34 2. A candidate for any office to be voted for at the primary city election

8-35 must file a declaration of candidacy with the city clerk not less than 60 days

8-36 nor more than 70 days before the date of the primary city election. The city

8-37 clerk shall charge and collect from the candidate and the candidate must

8-38 pay to the city clerk, at the time of filing the declaration of candidacy, a

8-39 filing fee in an amount fixed by the governing body of the city [council] by

8-40 ordinance [.] or resolution. The filing fees collected by the city clerk must

8-41 be deposited to the credit of the general fund of the city.

8-42 3. All candidates, except as otherwise provided in NRS 266.220, must

8-43 be voted upon by the electors of the city at large.

9-1 4. If, in a primary city election held in a city of the first or second class,

9-2 one candidate receives more than a majority of votes cast in that election

9-3 for the office for which he is a candidate, his name alone must be placed on

9-4 the ballot for the general city election. If, in the primary city election, no

9-5 candidate receives a majority of votes cast in that election for the office for

9-6 which he is a candidate, the names of the two candidates receiving the

9-7 highest number of votes must be placed on the ballot for the general city

9-8 election.

9-9 Sec. 30. NRS 293C.185 is hereby amended to read as follows:

9-10 293C.185 1. Except as otherwise provided in NRS 293C.190, a name

9-11 may not be printed on a ballot to be used at a primary city election, unless

9-12 the person named has filed a declaration of candidacy or an acceptance of

9-13 candidacy and paid the fee established by the governing body of the city

9-14 not earlier than [40] 70 days before the primary city election and not later

9-15 than 5 p.m. on the [30th] 60th day before the primary city election.

9-16 2. A declaration of candidacy required to be filed by this section must

9-17 be in substantially the following form:

9-18 Declaration of Candidacy of ........ for the

9-19 Office of ................

9-20 State of Nevada

9-21

9-22 City of

9-23 For the purpose of having my name placed on the official ballot as a

9-24 candidate for the office of ................, I, the undersigned ................, do

9-25 swear or affirm under penalty of perjury that I reside at ......................, in

9-26 the City or Town of ................, County of .................., State of Nevada;

9-27 that my actual residence in the city, township or other area prescribed by

9-28 law to which the office pertains began on a date 30 days or more before the

9-29 date of the close of filing of declarations of candidacy for this office; that if

9-30 nominated as a candidate at the ensuing election I will accept the

9-31 nomination and not withdraw; that I will not knowingly violate any election

9-32 law or any law defining and prohibiting corrupt and fraudulent practices in

9-33 campaigns and elections in this state; that I will qualify for the office if

9-34 elected thereto, including, but not limited to, complying with any limitation

9-35 prescribed by the constitution and laws of this state concerning the number

9-36 of years or terms for which a person may hold the office; and my name will

9-37 appear on all ballots as designated in this declaration.

10-1

10-2 (Designation of name)

10-3

10-4 (Signature of candidate for office)

10-5 Subscribed and sworn to before

10-6 me this ..... day of ........, 19...

10-7

10-8 Notary Public or other person

10-9 authorized to administer an oath

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

10-11 contraction or familiar form of his given name followed by his surname or

10-12 the initial of his given name followed by his surname. A nickname of not

10-13 more than 10 letters may be incorporated into a candidate’s name. The

10-14 nickname must be in quotation marks and appear immediately before the

10-15 candidate’s surname. A nickname must not indicate any political,

10-16 economic, social or religious view or affiliation and must not be the name

10-17 of any person, living or dead, whose reputation is known on a statewide,

10-18 nationwide or worldwide basis, or in any other manner deceive a voter

10-19 concerning the person or principles for which he is voting.

10-20 4. The address of a candidate that must be included in the declaration

10-21 or acceptance of candidacy pursuant to subsection 2 must be the street

10-22 address of the residence where he actually resides, if one has been assigned.

10-23 The declaration or acceptance of candidacy must not be accepted for filing

10-24 if the candidate’s address is listed as a post office box unless a street

10-25 address has not been assigned to his residence.

10-26 Sec. 31. NRS 293C.220 is hereby amended to read as follows:

10-27 293C.220 1. The city clerk shall appoint and notify registered voters

10-28 to act as election board officers for the various precincts and districts in the

10-29 city as provided in NRS [293.220 to 293.227, inclusive,] 293.225, 293.227,

10-30 293C.230 to 293C.250, inclusive, and sections 17 and 18 of this act and

10-31 NRS 293C.382, and shall conclude those duties not later than 31 days

10-32 before the election. No candidate for nomination or election or his relative

10-33 within the second degree of consanguinity or affinity may be appointed as

10-34 an election board officer. Immediately after election board officers are

10-35 appointed, if requested by the city clerk, the chief law enforcement officer

10-36 of the city shall:

10-37 [1.] (a) Appoint an officer for each polling place in the city and for the

10-38 central election board or the absent ballot central counting board; or

10-39 [2.] (b) Deputize, as an officer for the election, an election board officer

10-40 for each polling place and for the central election board or the absent ballot

10-41 central counting board. The deputized officer may not receive any

11-1 additional compensation for the services he provides as an officer during

11-2 the election for which he is deputized.

11-3 Officers so appointed and deputized shall preserve order during hours of

11-4 voting and attend the closing of the polls.

11-5 2. The city clerk may appoint a trainee for the position of election

11-6 board officer as set forth in section 16 of this act.

11-7 Sec. 32. NRS 293C.295 is hereby amended to read as follows:

11-8 293C.295 1. If a person is successfully challenged on the ground set

11-9 forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person

11-10 refuses to provide an affirmation pursuant to NRS 293C.525, the election

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

11-12 place in the manner set forth in this section.

11-13 2. The city clerk shall maintain [a] at least one special polling place [in

11-14 his office and] at such [other] locations as he deems necessary during each

11-15 election. The ballots voted at the special polling place must be kept

11-16 separate from the ballots of voters who have not been so challenged or who

11-17 have provided an affirmation pursuant to NRS 293C.525 in:

11-18 (a) A special ballot box if the ballots are paper ballots or ballots that are

11-19 voted by punching a card; or

11-20 (b) A special sealed container if the ballots are ballots that are voted on

11-21 a mechanical recording device which directly records the votes

11-22 electronically.

11-23 3. A person who votes at a special polling place may place his vote

11-24 only for the following offices and questions:

11-25 (a) All officers for whom all voters in the city may vote; and

11-26 (b) Questions that have been submitted to all voters of the city.

11-27 4. The ballots voted at the special polling place must be counted when

11-28 other ballots are counted and:

11-29 (a) If the ballots are paper ballots or ballots that are voted by punching a

11-30 card, maintained in a separate ballot box; or

11-31 (b) If the ballots are ballots that are voted on a mechanical recording

11-32 device that directly records the votes electronically, maintained in a

11-33 separate sealed container,

11-34 until any contest of election is resolved or the date for filing a contest of

11-35 election has passed, whichever is later.

11-36 Sec. 33. NRS 293C.327 is hereby amended to read as follows:

11-37 293C.327 1. If [a] :

11-38 (a) A request for an absent ballot is made by a registered voter in person

11-39 [,] ; and

11-40 (b) The governing body of the city, pursuant to paragraph (b) of

11-41 subsection 2 of NRS 293C.110, has provided for voting by absent ballot

11-42 in person,

12-1 the city clerk shall issue an absent ballot to the registered voter, and the

12-2 ballot must be voted on the premises of the city clerk’s office and returned

12-3 to the city clerk. The city clerk shall follow the same procedure as in the

12-4 case of absent ballots received by mail.

12-5 2. [At least 25] If the governing body of the city has provided for

12-6 voting by absent ballot in person pursuant to paragraph (b) of subsection

12-7 2 of NRS 293C.110, at least 20 days before a primary city election or

12-8 general city election until 5:00 p.m. on:

12-9 (a) The Friday before the election; or

12-10 (b) If the office of a city clerk is not scheduled to be open on the Friday

12-11 before the election, the Thursday before the election,

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

12-13 voting, on the premises of his office for use by registered voters who are

12-14 issued absent ballots in accordance with this section.

12-15 Sec. 34. NRS 293C.3598 is hereby amended to read as follows:

12-16 293C.3598 1. A ballot board for early voting must be appointed by

12-17 the city clerk to handle early voting ballots for that city.

12-18 2. The board must consist of [two co-chairmen who must be of

12-19 different political parties and at least two other members who may be of the

12-20 same political party as one of the co-chairmen but must not be of the same

12-21 political party as any other member.] three members. No candidate or his

12-22 relative within the second degree of consanguinity or affinity may be

12-23 appointed as an election board member.

12-24 Sec. 35. Section 5.010 of the charter of Carson City, being chapter

12-25 213, Statutes of Nevada 1969, as last amended by chapter 686, Statutes of

12-26 Nevada 1997, at page 3478, is hereby amended to read as follows:

12-27 Sec. 5.010 Primary election.

12-28 1. A primary election must be held on the date fixed by the

12-29 election laws of this state [,] for statewide elections, at which time

12-30 there must be nominated candidates for offices to be voted for at the

12-31 next general election.

12-32 2. A candidate for any office to be voted for at any primary

12-33 election must file a declaration of candidacy as provided by the

12-34 election laws of this state.

12-35 3. [A candidate for mayor, supervisor, municipal judge or any

12-36 other office not otherwise provided for by law must pay to the clerk,

12-37 at the time of filing the declaration of candidacy, the filing fee in the

12-38 amount fixed by chapter 293 of NRS for county offices.

12-39 4.] All candidates for the office of mayor and supervisor, and

12-40 candidates for the office of municipal judge if a third department of

12-41 the municipal court has been established, must be voted upon by the

12-42 registered voters of Carson City at large.

13-1 [5.] 4. If only two persons file for a particular office, their

13-2 names must not appear on the primary ballot but their names must

13-3 be placed on the ballot for the general election.

13-4 [6.] 5. If in the primary election one candidate receives more

13-5 than a majority of votes cast in that election for the office for which

13-6 he is a candidate, his name alone must be placed on the ballot for

13-7 the general election. If in the primary election no candidate receives

13-8 a majority of votes cast in that election for the office for which he is

13-9 a candidate, the names of the two candidates receiving the highest

13-10 numbers of votes must be placed on the ballot for the general

13-11 election.

13-12 Sec. 36. Section 5.010 of the charter of the City of Henderson, being

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

13-14 Statutes of Nevada 1997, at page 3480, is hereby amended to read as

13-15 follows:

13-16 Sec. 5.010 Primary election.

13-17 1. A primary election must be held on the Tuesday after the

13-18 first Monday in May of each odd-numbered year, at which time

13-19 there must be nominated candidates for offices to be voted for at the

13-20 next general municipal election.

13-21 2. A candidate for any office to be voted for at any primary

13-22 municipal election must file a declaration of candidacy as provided

13-23 by the election laws of this state.

13-24 3. [A candidate for mayor, councilman, municipal judge or any

13-25 other office not otherwise provided for by law must pay to the city

13-26 clerk, at the time of filing the declaration of candidacy, the filing fee

13-27 in the amount fixed by the city council.

13-28 4.] All candidates for elective office must be voted upon by the

13-29 registered voters of the city at large.

13-30 [5.] 4. If in the primary election no candidate receives a

13-31 majority of votes cast in that election for the office for which he is a

13-32 candidate, the names of the two candidates receiving the highest

13-33 number of votes must be placed on the ballot for the general

13-34 election. If in the primary election, regardless of the number of

13-35 candidates for an office, one candidate receives a majority of votes

13-36 cast in that election for the office for which he is a candidate, he

13-37 must be declared elected and no general election need be held for

13-38 that office.

13-39 [6. If at 5 p.m. on the last day for filing a declaration of

13-40 candidacy, there is only one candidate for nomination for any

13-41 office, that candidate must be declared elected and no election may

13-42 be held for that office.]

14-1 Sec. 37. Section 5.010 of the charter of the City of Las Vegas,

14-2 being chapter 517, Statutes of Nevada 1983, as last amended by

14-3 chapter 570, Statutes of Nevada 1997, at page 2790, is hereby

14-4 amended to read as follows:

14-5 Sec. 5.010 Primary municipal elections.

14-6 1. On the Tuesday after the [1st] first Monday in May 1985,

14-7 and at each successive interval of 4 years, a primary municipal

14-8 election must be held in the city at which time candidates for two

14-9 offices of councilman and for municipal judge, department 2, must

14-10 be nominated.

14-11 2. On the Tuesday after the [1st] first Monday in May 1987,

14-12 and at each successive interval of 4 years, a primary municipal

14-13 election must be held in the city at which time candidates for mayor,

14-14 for two offices of councilman and for municipal judge, department

14-15 1, must be nominated.

14-16 3. The candidates for councilman who are to be nominated as

14-17 provided in subsections 1 and 2 must be nominated and voted for

14-18 separately according to the respective wards. The candidates from

14-19 wards 2 and 4 must be nominated as provided in subsection 1, and

14-20 the candidates from wards 1 and 3 must be nominated as provided

14-21 in subsection 2.

14-22 4. If the city council has established an additional department

14-23 or departments of the municipal court pursuant to section 4.010 of

14-24 this charter, and, as a result, more than one office of municipal

14-25 judge is to be filled at any election, the candidates for those offices

14-26 must be nominated and voted upon separately according to the

14-27 respective departments.

14-28 5. Each candidate for the municipal offices which are provided

14-29 for in subsections 1, 2 and 4 must file a declaration of candidacy

14-30 with the city clerk. [The city clerk shall collect from each candidate,

14-31 at the time of filing that candidate’s declaration of candidacy, the

14-32 filing fee which is prescribed by ordinance for that office. All of

14-33 the] All filing fees [which are] collected by the city clerk must be

14-34 paid into the city treasury.

14-35 6. [If, at 5 p.m. on the last day for filing a declaration of

14-36 candidacy, there is only one candidate for nomination for any

14-37 office, that candidate must be declared elected for the term which

14-38 commences on the day of the first regular meeting of the city

14-39 council next succeeding the meeting at which the canvass of the

14-40 returns is made, and no primary or general election need be held for

14-41 that office.

14-42 7.] If, in the primary election, regardless of the number of

14-43 candidates for an office, one candidate receives a majority of votes

15-1 which are cast in that election for the office for which he is a

15-2 candidate, he must be declared elected for the term which

15-3 commences on the day of the first regular meeting of the city

15-4 council next succeeding the meeting at which the canvass of the

15-5 returns is made, and no general election need be held for that office.

15-6 If, in the primary election, no candidate receives a majority of votes

15-7 which are cast in that election for the office for which he is a

15-8 candidate, the names of the two candidates who receive the highest

15-9 number of votes must be placed on the ballot for the general

15-10 election.

15-11 Sec. 38. Section 5.020 of the charter of the City of Reno, being

15-12 chapter 662, Statutes of Nevada 1971, as last amended by chapter 686,

15-13 Statutes of Nevada 1997, at page 3481, is hereby amended to read as

15-14 follows:

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

15-16 1. A candidate for any office to be voted for at an election must

15-17 file a declaration of candidacy with the city clerk. [The city clerk

15-18 shall charge and collect from the candidate and the candidate must

15-19 pay to the city clerk, at the time of filing his declaration of

15-20 candidacy, a filing fee of $25.] All filing fees [so] collected by the

15-21 city clerk must be deposited to the credit of the general fund of the

15-22 city.

15-23 2. If for any general election, there are three or more candidates

15-24 for any office to be filled at that election, a primary election for any

15-25 such office must be held on the first Tuesday in September

15-26 preceding the general election. If for any general election there are

15-27 two or fewer candidates for any office to be filled at that election,

15-28 their names must not be placed on the ballot for the primary election

15-29 but must be placed on the ballot for the general election.

15-30 3. In the primary election:

15-31 (a) The names of the two candidates for municipal judge, city

15-32 attorney, or a particular city council seat, as the case may be, who

15-33 receive the highest number of votes must be placed on the ballot for

15-34 the general election.

15-35 (b) Candidates for councilman who represent a specific ward

15-36 must be voted upon only by the registered voters of that ward.

15-37 (c) Candidates for mayor and councilman at large must be voted

15-38 upon by all registered voters of the city.

15-39 4. The mayor and all councilmen must be voted upon by all

15-40 registered voters of the city at the general election.

16-1 Sec. 39. The amendatory provisions of this act do not apply to

16-2 offenses that were committed before the effective date of this act.

16-3 Sec. 40. This act becomes effective upon passage and approval.

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