Assembly Bill No. 479–Assemblyman Hettrick

March 11, 1999

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises various provisions concerning elections. (BDR 24-1355)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 elections; changing the date of the primary election to the first Tuesday in August; changing the date for filing of certain petitions, certificates of nomination and declarations of candidacy; revising the requirements for recounting ballots by hand; 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. NRS 293.165 is hereby amended to read as follows:

1-2 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy

1-3 occurring in a major or minor political party nomination for office may be

1-4 filled by a candidate designated by the party central committee of the

1-5 county or state, as the case may be, subject to the provisions of subsections

1-6 4 and 5.

1-7 2. A vacancy occurring in a nonpartisan nomination after the close of

1-8 filing and before the first Tuesday in [September] August must be filled by

1-9 filing a nominating petition that is signed by at least 1 percent of the

1-10 persons who are registered to vote and who voted for the office in question

1-11 in the state, county, district or municipality at the last preceding general

1-12 election. The petition must be filed not earlier than the first Tuesday in

1-13 June and not later than the third Tuesday in [September.] August. A

1-14 candidate nominated pursuant to the provisions of this subsection may be

1-15 elected only at a general election and his name must not appear on the

1-16 ballot for a primary election.

1-17 3. A vacancy occurring in a nonpartisan nomination after a primary

1-18 election and before the second Tuesday in [September] August must be

2-1 filled by the person who received the next highest vote for the nomination

2-2 in the primary.

2-3 4. Except to place a candidate nominated pursuant to subsection 2 on

2-4 the ballot, no change may be made on the ballot after the second Tuesday

2-5 in [September] August of the year in which the general election is held. If

2-6 a nominee dies after that date, his name must remain on the ballot and, if

2-7 elected, a vacancy exists.

2-8 5. All designations provided for in this section must be filed before 5

2-9 p.m. on the second Tuesday in [September.] August. In each case, the

2-10 statutory filing fee must be paid and an acceptance of the designation must

2-11 be filed before 5 p.m. on that date.

2-12 Sec. 2. NRS 293.166 is hereby amended to read as follows:

2-13 293.166 1. A vacancy occurring in a party nomination for the office

2-14 of state senator or assemblyman from a legislative district comprising more

2-15 than one county may be filled as follows, subject to the provisions of

2-16 subsections 2 and 3. The county commissioners of each county all or part

2-17 of which is included within the legislative district, shall meet to appoint a

2-18 person of the same political party as the former nominee to fill the

2-19 vacancy, under the chairmanship of the chairman of the board of county

2-20 commissioners of the county whose population residing within the district

2-21 is the greatest. Each board of county commissioners shall first meet

2-22 separately and determine the single candidate it will nominate to fill the

2-23 vacancy. Then the boards shall meet jointly and the chairmen on behalf of

2-24 the boards shall cast a proportionate number of votes according to the

2-25 percent, rounded to the nearest whole percent, which the population of its

2-26 county is of the population of the entire district. Populations must be

2-27 determined by the last decennial census or special census conducted by the

2-28 Bureau of the Census of the United States Department of Commerce. The

2-29 person who receives a plurality of these votes is appointed to fill the

2-30 vacancy. If no person receives a plurality of the votes, the boards of county

2-31 commissioners of the respective counties shall each as a group select one

2-32 candidate, and the nominee must be chosen by drawing lots among the

2-33 persons so selected.

2-34 2. No change may be made on the ballot after the second Tuesday in

2-35 [September] August of the year in which the general election is held. If a

2-36 nominee dies after that date, his name must remain on the ballot and, if

2-37 elected, a vacancy exists.

2-38 3. The designation of a nominee pursuant to this section must be filed

2-39 with the secretary of state before 5 p.m. of the second Tuesday in

2-40 [September,] August, and the statutory filing fee must be paid with the

2-41 designation.

3-1 Sec. 3. NRS 293.171 is hereby amended to read as follows:

3-2 293.171 1. To qualify as a minor political party , an organization

3-3 must file with the secretary of state a certificate of existence which

3-4 includes the:

3-5 (a) Name of the political party;

3-6 (b) Names of its officers;

3-7 (c) Names of the members of its executive committee; and

3-8 (d) Name of the person authorized to file the list of its candidates with

3-9 the secretary of state.

3-10 2. A copy of the constitution or bylaws of the party must be affixed to

3-11 the certificate.

3-12 3. A minor political party shall file with the secretary of state an

3-13 amended certificate of existence within 5 days after any change in the

3-14 information contained in the certificate.

3-15 4. The constitution or bylaws of a minor political party must provide a

3-16 procedure for the nomination of its candidates in such a manner that only

3-17 one candidate may be nominated for each office.

3-18 5. A minor political party whose candidates do not appear on the ballot

3-19 for the general election must file a notice of continued existence with the

3-20 secretary of state not later than the second Friday in [August] July

3-21 preceding the general election.

3-22 6. A minor political party which fails to file a notice of continued

3-23 existence as required by subsection 5 ceases to exist as a minor political

3-24 party in this state.

3-25 Sec. 4. NRS 293.1715 is hereby amended to read as follows:

3-26 293.1715 1. The names of the candidates of a minor political party

3-27 must not appear on the ballot for a primary election.

3-28 2. The names of the candidates of a minor political party must be

3-29 placed on the ballot for the general election if the party has filed a

3-30 certificate of existence and a list of its candidates pursuant to the

3-31 provisions of NRS 293.1725 with the secretary of state and:

3-32 (a) At the last preceding general election, the minor political party

3-33 polled for any of its candidates a number of votes equal to or more than 1

3-34 percent of the total number of votes cast for the offices of Representative

3-35 in Congress;

3-36 (b) On January 1 preceding a primary election, the minor political party

3-37 has been designated as the political party on the applications to register to

3-38 vote of at least 1 percent of the total number of registered voters in the

3-39 state; or

3-40 (c) Not later than the second Friday in [August] July preceding the

3-41 general election, files a petition with the secretary of state which is signed

3-42 by a number of registered voters equal to at least 1 percent of the total

4-1 number of votes cast at the last preceding general election for the offices of

4-2 Representative in Congress.

4-3 3. The name of only one candidate of each minor political party for

4-4 each office may appear on the ballot for a general election.

4-5 4. A minor political party must file a copy of the petition required by

4-6 paragraph (c) of subsection 2 with the secretary of state before the petition

4-7 may be circulated for signatures.

4-8 Sec. 5. NRS 293.172 is hereby amended to read as follows:

4-9 293.172 1. A petition filed pursuant to paragraph (c) of subsection 2

4-10 of NRS 293.1715 may consist of more than one document. Each document

4-11 of the petition must:

4-12 (a) Bear the name of the county in which it was circulated;

4-13 (b) Include the affidavit of the person who circulated the document

4-14 verifying that the signers are registered voters in the state according to his

4-15 best information and belief and that the signatures are genuine and were

4-16 signed in his presence; and

4-17 (c) Be submitted to the county clerk in the county in which it is

4-18 circulated for verification in the manner prescribed in NRS 293.1276 to

4-19 293.1279, inclusive, not later than 40 days before the [third Tuesday in

4-20 August.] second Friday in July. A challenge to the form of a petition filed

4-21 pursuant to paragraph (c) of subsection 2 of NRS 293.1715 must be made

4-22 in a district court in the county in which the petition was circulated.

4-23 2. A document which bears the name of a county may be signed only

4-24 by registered voters of that county.

4-25 3. Each person who signs a document shall also provide the address of

4-26 the place where he resides, the date that he signs and the name of the

4-27 county in which he is registered to vote.

4-28 4. The county clerk shall not disqualify the signature of a voter who

4-29 failed to provide all of the information required by this section if the voter

4-30 is registered in the county named on the document.

4-31 Sec. 6. NRS 293.1725 is hereby amended to read as follows:

4-32 293.1725 1. Except as otherwise provided in subsection 4, a minor

4-33 political party which wishes to place its candidates on the ballot for a

4-34 general election and:

4-35 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2

4-36 of NRS 293.1715; or

4-37 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS

4-38 293.1715,

4-39 must file with the secretary of state a list of its candidates not earlier than

4-40 the first Monday in May preceding the election nor later than the last

4-41 Friday in June. The list must be signed by the person so authorized in the

4-42 certificate of existence of the minor political party before a notary public

5-1 or other person authorized to take acknowledgments. The list must not be

5-2 amended after it is filed.

5-3 2. The secretary of state shall immediately forward a certified copy of

5-4 the list of candidates of each minor political party to the filing officer with

5-5 whom each candidate must file his declaration of candidacy.

5-6 3. Each candidate on the list must file his declaration of candidacy

5-7 with the proper filing officer and pay the fee required by NRS 293.193 not

5-8 earlier than the date on which the list of candidates of his minor political

5-9 party is filed with the secretary of state nor later than the first Wednesday

5-10 in July.

5-11 4. A minor political party that wishes to place candidates for the

5-12 offices of President and Vice President of the United States on the ballot

5-13 and has otherwise qualified to place the names of its candidates on the

5-14 ballot for the general election pursuant to the provisions of this chapter

5-15 must file with the secretary of state a certificate of nomination for these

5-16 offices not later than the first Tuesday in [September.] August.

5-17 Sec. 7. NRS 293.174 is hereby amended to read as follows:

5-18 293.174 1. If the qualification of a minor political party is

5-19 challenged, all affidavits and documents in support of the challenge must

5-20 be filed not later than 5 p.m. on the [3rd] third Friday in [August.] July.

5-21 Any judicial proceeding resulting from the challenge must be set for

5-22 hearing not more than 5 days after the [3rd] third Friday in [August.] July.

5-23 2. Any such challenge must be filed with the first judicial district court

5-24 if the petition was filed with the secretary of state.

5-25 Sec. 8. NRS 293.175 is hereby amended to read as follows:

5-26 293.175 1. The primary election must be held on the first Tuesday of

5-27 [September] August in each even-numbered year.

5-28 2. Candidates of a major political party and candidates for nonpartisan

5-29 offices must be nominated at the primary election.

5-30 3. Candidates of a minor political party must be nominated in the

5-31 manner prescribed pursuant to NRS 293.171.

5-32 4. Independent candidates for partisan office must be nominated in the

5-33 manner provided in NRS 293.200.

5-34 5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply

5-35 to:

5-36 (a) Special elections to fill vacancies.

5-37 (b) The nomination of the officers of incorporated cities.

5-38 (c) The nomination of district officers whose nomination is otherwise

5-39 provided for by statute.

5-40 Sec. 9. NRS 293.200 is hereby amended to read as follows:

5-41 293.200 1. An independent candidate for partisan office must file

5-42 with the proper filing officer:

6-1 (a) A copy of the petition of candidacy that he intends to circulate for

6-2 signatures. The copy must be filed before the petition may be circulated.

6-3 (b) A petition of candidacy signed by a number of registered voters

6-4 equal to at least 1 percent of the total number of ballots cast in the state or

6-5 in the county or district electing that officer at the last preceding general

6-6 election in which a person was elected to that office.

6-7 2. The petition may consist of more than one document. Each

6-8 document must bear the name of the county in which it was circulated and

6-9 only registered voters of that county may sign the document. The person

6-10 who circulates the document must be a registered voter of that county. If

6-11 the office is a district office, only the registered voters of that district may

6-12 sign the document. The documents which are circulated for signature in a

6-13 county must be submitted to that county clerk for verification in the

6-14 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than

6-15 40 days before filing the petition of candidacy with the proper filing

6-16 officer. Each signer shall add to his signature the address of the place at

6-17 which he actually resides, the date that he signs the petition and the name

6-18 of the county where he is registered to vote for the purpose of determining

6-19 whether he is a registered voter. The person who circulates each document

6-20 of the petition shall sign an affidavit attesting that the signatures on the

6-21 document are genuine to the best of his knowledge and belief and were

6-22 signed in his presence by persons registered to vote in that county.

6-23 3. The petition of candidacy may state the principle, if any, which the

6-24 person qualified represents.

6-25 4. Petitions of candidacy must be filed not earlier than the first

6-26 Monday in May preceding the general election and not later than 5 p.m. on

6-27 the third Tuesday in [August.] July.

6-28 5. No petition of candidacy may contain the name of more than one

6-29 candidate for each office to be filled.

6-30 6. A person may not file as an independent candidate if he is

6-31 proposing to run as the candidate of a political party.

6-32 7. The names of independent candidates must be placed on the general

6-33 election ballot and must not appear on the primary election ballot.

6-34 8. If the candidacy of any person seeking to qualify pursuant to this

6-35 section is challenged, all affidavits and documents in support of the

6-36 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

6-37 [August.] July. Any judicial proceeding resulting from the challenge must

6-38 be set for hearing not more than 5 days after the fourth Tuesday in

6-39 [August.] July.

6-40 9. Any challenge pursuant to subsection 8 must be filed with:

6-41 (a) The first judicial district court if the petition of candidacy was filed

6-42 with the secretary of state.

7-1 (b) The district court for the county where the petition of candidacy was

7-2 filed if the petition was filed with a county clerk.

7-3 10. An independent candidate for partisan office must file a

7-4 declaration of candidacy with the proper filing officer and pay the fee

7-5 required by NRS 293.193 not earlier than the first Monday in May of the

7-6 year in which the election is held nor later than 5 p.m. of the first

7-7 Wednesday in July.

7-8 Sec. 10. NRS 293.345 is hereby amended to read as follows:

7-9 293.345 The county clerk shall mail to each registered voter in each

7-10 mailing precinct and in each absent ballot mailing precinct, before 5 p.m.

7-11 on the third Thursday in [August] July and before 5 p.m. on the fourth

7-12 Tuesday in October of any year in which a general election is to be held,

7-13 an official mailing ballot to be voted by him at the election.

7-14 Sec. 11. NRS 293.368 is hereby amended to read as follows:

7-15 293.368 1. Whenever a candidate whose name appears upon the

7-16 ballot at a general election dies after 5 p.m. of the [third] second Tuesday

7-17 in [September] August and before the time of the closing of the polls on

7-18 the day of the election, the votes cast for the deceased candidate must be

7-19 counted in determining the results of the election for the office for which

7-20 the decedent was a candidate.

7-21 2. If the deceased candidate receives the majority of the votes cast for

7-22 the office, he shall be deemed elected and the office to which he was

7-23 elected shall be deemed vacant at the beginning of the term for which he

7-24 was elected. The vacancy thus created must be filled in the same manner as

7-25 if the candidate had died after taking office for that term.

7-26 Sec. 12. NRS 293.404 is hereby amended to read as follows:

7-27 293.404 1. Where a recount is demanded pursuant to the provisions

7-28 of NRS 293.403, the:

7-29 (a) County clerk of each county affected by the recount shall employ a

7-30 recount board to conduct the recount in the county, and shall act as

7-31 chairman of the recount board unless the recount is for the office of county

7-32 clerk, in which case the chairman of the board of county commissioners

7-33 shall act as chairman of the recount board. At least one member of the

7-34 board of county commissioners must be present at the recount.

7-35 (b) City clerk shall employ a recount board to conduct the recount in the

7-36 city, and shall act as chairman of the recount board unless the recount is for

7-37 the office of city clerk, in which case the mayor of the city shall act as

7-38 chairman of the recount board. At least one member of the city council

7-39 must be present at the recount.

7-40 Each candidate for the office affected by the recount and the voter who

7-41 demanded the recount, if any, may be present in person or by an authorized

7-42 representative, but may not be a member of the recount board.

8-1 2. Except in counties or cities using a mechanical voting system, the

8-2 recount must include a count and inspection of all ballots, including

8-3 rejected ballots, and must determine whether those ballots are marked as

8-4 required by law.

8-5 3. If a recount is demanded in a county or city using a mechanical

8-6 voting system, the person who demanded the recount shall select the

8-7 ballots for the office or ballot question affected from 5 percent of the

8-8 precincts, but in no case fewer than three precincts, after consultation with

8-9 each candidate for the office or his authorized representative. The recount

8-10 board shall examine the selected ballots, including any duplicate or

8-11 rejected ballots, shall determine whether the ballots have been voted in

8-12 accordance with this Title and shall count the valid ballots by hand. [A] In

8-13 addition, a recount by computer must be made of all the selected ballots. If

8-14 the count by hand or the recount by computer of the selected ballots [or

8-15 the recount] shows a discrepancy [of] equal to or greater than 1 percent or

8-16 [more for either candidate,] 10 votes, whichever is greater, for any

8-17 candidate for the office, or in favor of or against a ballot question, from

8-18 the original canvass of the returns, the county or city clerk shall order a

8-19 count by hand of all the ballots for that office. [If there is not a discrepancy

8-20 of 1 percent or more,] Otherwise, the county or city clerk [shall not order

8-21 such a count, but] shall order a recount by computer of all the ballots for

8-22 the office.

8-23 4. The county or city clerk shall unseal and give to the recount board

8-24 all ballots to be counted.

8-25 5. In the case of a demand for a recount affecting more than one

8-26 county, the demand must be made to the secretary of state, who shall notify

8-27 the county clerks to proceed with the recount.

8-28 Sec. 13. NRS 298.109 is hereby amended to read as follows:

8-29 298.109 1. A person who desires to be an independent candidate for

8-30 the office of President of the United States must, not later than 5 p.m. on

8-31 the second Friday in [August in each] July in the year in which [a] the

8-32 presidential election is to be held, pay a filing fee of $250 and file with the

8-33 secretary of state a declaration of candidacy and a petition of candidacy, in

8-34 which he must also designate his nominee for Vice President. The petition

8-35 must be signed by a number of registered voters equal to not less than 1

8-36 percent of the total number of votes cast at the last preceding general

8-37 election for candidates for the offices of Representative in Congress and

8-38 must request that the names of the proposed candidates be placed on the

8-39 ballot at the general election that year. The candidate shall file a copy of

8-40 the petition he intends to circulate for signatures with the secretary of state.

8-41 2. The petition may consist of more than one document. Each

8-42 document must bear the name of a county and only registered voters of

8-43 that county may sign the document. The documents which are circulated

9-1 for signature in a county must be submitted to that county clerk for

9-2 verification in the manner prescribed in NRS 293.1276 to 293.1279,

9-3 inclusive, not later than 40 days before filing the petition of candidacy with

9-4 the secretary of state. Each person signing shall add to his signature the

9-5 address of the place at which he resides, the date that he signs and the

9-6 name of the county wherein he is registered to vote. Each document of the

9-7 petition must also contain the affidavit of the person who circulated the

9-8 document that all signatures thereon are genuine to the best of his

9-9 knowledge and belief and were signed in his presence by persons

9-10 registered to vote in that county.

9-11 3. Each independent candidate so nominated for the office of President

9-12 shall at the time of filing his petition as provided in subsection 1, or within

9-13 10 days thereafter, file with the secretary of state his written designation of

9-14 the names of the number of presidential electors then authorized by law,

9-15 whom the independent candidate desires to act as his electors, all of whom

9-16 must then be registered voters. Immediately following receipt of each

9-17 candidate’s written designation of his nominees for electors, the secretary

9-18 of state shall record them in his office as the nominees for presidential

9-19 electors of that independent candidate.

9-20 4. If the candidacy of any person who seeks to qualify pursuant to this

9-21 section is challenged, all affidavits and documents in support of the

9-22 challenge must be filed with the first judicial district court not later than 5

9-23 p.m. on the fourth Tuesday in [August.] July. Any judicial proceeding

9-24 relating to the challenge must be set for hearing not later than 5 days after

9-25 the fourth Tuesday in [August.] July.

9-26 5. The county clerk shall not disqualify the signature of a voter who

9-27 fails to provide all of the information required by this section if the voter is

9-28 registered in the county named on the document.

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