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).

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

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. "Presidential preference primary election" means the

1-4 election held pursuant to section 25 of this act.

1-5 Sec. 3. Early voting by personal appearance for a presidential

1-6 preference primary election may be conducted only at the office of the

1-7 county clerk.

1-8 Sec. 4. The provisions of NRS 293.343 to 293.355, inclusive, do not

1-9 apply to a presidential preference primary election.

1-10 Sec. 5. 1. The provisions of NRS 293.3625 to 293.397, inclusive,

1-11 do not apply to a county which has chosen to conduct the presidential

1-12 preference primary election by mail.

2-1 2. The provisions of NRS 293.384 and 293.385 do not apply to a

2-2 presidential preference primary election.

2-3 Sec. 6. NRS 293.010 is hereby amended to read as follows:

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

2-6 section 2 of this act have the meanings ascribed to them in those sections.

2-7 Sec. 7. NRS 293.128 is hereby amended to read as follows:

2-8 293.128 1. To qualify as a major political party any organization

2-43 contained in the certificate.

3-1 Sec. 8. NRS 293.163 is hereby amended to read as follows:

3-2 293.163 1. In presidential election years, on the call of a national

3-22 State of Nevada.

3-23 Sec. 9. NRS 293.256 is hereby amended to read as follows:

3-24 293.256 In any election regulated by this chapter [,] or chapter 298 of

3-27 profession or occupation of [such] those candidates.

3-28 Sec. 10. NRS 293.285 is hereby amended to read as follows:

3-29 293.285 1. A registered voter applying to vote shall state his name to

3-42 a nonpartisan voter requests a ballot for that major political party, the

4-1 election board officer shall issue to the nonpartisan voter a partisan

4-2 ballot for that major political party.

4-3 3. In pollbooks in which voters’ names have been entered, election

4-4 officers may indicate the application to vote without writing the name.

4-5 Sec. 11. NRS 293.309 is hereby amended to read as follows:

4-6 293.309 1. The county clerk of each county shall prepare an absent

4-18 pursuant to subsection 2 is moot and of no effect.

4-19 Sec. 12. NRS 293.325 is hereby amended to read as follows:

4-20 293.325 1. Except as otherwise provided in subsections 2 and 3,

4-43 ballot in the manner prescribed in sections 37 to 47, inclusive, of this act.

5-1 Sec. 13. NRS 293.356 is hereby amended to read as follows:

5-2 293.356 1. If a request is made to vote early by a registered voter in

5-16 inclusive, of this act.

5-17 Sec. 14. NRS 293.3564 is hereby amended to read as follows:

5-18 293.3564 1. [The] Except as otherwise provided in section 3 of this

5-31 township, city, town or county commissioner election district.

5-32 Sec. 15. NRS 293.3568 is hereby amended to read as follows:

5-33 293.3568 1. The period for early voting by personal appearance

5-43 until 8 p.m. on any Saturday that falls within the period for early voting.

6-1 3. A permanent polling place for early voting must remain open:

6-2 (a) On Monday through Friday:

6-3 (1) During the first week of early voting, from 8 a.m. until 6 p.m.

6-4 (2) During the second week of early voting, from 8 a.m. until 6 p.m.

6-5 or until 8 p.m. if the county clerk so requires.

6-6 (b) On any Saturday that falls within the period for early voting, from

6-7 10 a.m. until 6 p.m.

6-8 (c) If the county clerk includes a Sunday that falls within the period for

6-9 early voting pursuant to subsection 2, during such hours as he may

6-10 establish.

6-11 Sec. 16. NRS 293.387 is hereby amended to read as follows:

6-12 293.387 1. As soon as the returns from all the precincts and districts

6-42 election was held from each congressional district in this state.

7-1 Sec. 17. NRS 293.400 is hereby amended to read as follows:

7-2 293.400 1. If, after the completion of the canvass of the returns of

7-30 3. The right to a recount extends to all candidates in case of a tie.

7-31 Sec. 18. NRS 293.403 is hereby amended to read as follows:

7-32 293.403 1. A candidate defeated at any election may demand and

7-43 votes:

8-1 (a) He files in writing his demand with:

8-2 (1) The secretary of state, if the demand is for a recount of a ballot

8-3 question affecting more than one county; or

8-4 (2) The county or city clerk who will conduct the recount, if the

8-5 demand is for a recount of a ballot question affecting only one county or

8-6 city; and

8-7 (b) He deposits in advance the estimated costs of the recount with the

8-8 person to whom he made his demand.

8-9 3. The estimated costs of the recount must be determined by the

8-10 person with whom the advance is deposited based on regulations adopted

8-11 by the secretary of state defining the term "costs."

8-12 4. As used in this section, "canvass" means:

8-13 (a) In any primary election [,] or presidential preference primary

8-14 election, the canvass by the board of county commissioners of the returns

8-15 for a candidate or ballot question voted for in one county or the canvass by

8-16 the board of county commissioners last completing its canvass of the

8-17 returns for a candidate or ballot question voted for in more than one

8-18 county.

8-19 (b) In any primary city election, the canvass by the city council of the

8-20 returns for a candidate or ballot question voted for in the city.

8-21 (c) In any general election:

8-22 (1) The canvass by the supreme court of the returns for a candidate

8-23 for a statewide office or a statewide ballot question; or

8-24 (2) The canvass of the board of county commissioners of the returns

8-25 for any other candidate or ballot question, as provided in paragraph (a).

8-26 (d) In any general city election, the canvass by the city council of the

8-27 returns for a candidate or ballot question voted for in the city.

8-28 Sec. 19. NRS 293.404 is hereby amended to read as follows:

8-29 293.404 1. Where a recount is demanded pursuant to the provisions

8-41 must be present at the recount.

9-1 Each candidate for the office affected by the recount and the voter who

9-2 demanded the recount, if any, may be present in person or by an authorized

9-3 representative, but may not be a member of the recount board.

9-4 2. Except in counties or cities using a mechanical voting system, the

9-5 recount must include a count and inspection of all ballots, including

9-6 rejected ballots, and must determine whether those ballots are marked as

9-7 required by law.

9-8 3. If a recount of the ballots cast in an election other than a

9-9 presidential preference primary election is demanded in a county or city

9-10 using a mechanical voting system, the person who demanded the recount

9-11 shall select the ballots for the office or ballot question affected from 5

9-12 percent of the precincts, but in no case fewer than three precincts, after

9-13 consultation with each candidate for the office or his authorized

9-14 representative. If a recount of the ballots cast in a presidential preference

9-15 primary election is demanded in a county using a mechanical voting

9-16 system, the county clerk shall select 5 percent of the ballots cast in the

9-17 election to conduct the recount, after consultation with each candidate or

9-18 his authorized representative. The recount board shall examine the

9-19 selected ballots, including any duplicate or rejected ballots, shall determine

9-20 whether the ballots have been voted in accordance with this Title and shall

9-21 count the valid ballots by hand. A recount by computer must be made of

9-22 all the selected ballots. If the count of the selected ballots or the recount

9-23 shows a discrepancy of 1 percent or more for either candidate, or in favor

9-24 of or against a ballot question, from the original canvass of the returns, the

9-25 county or city clerk shall order a count by hand of all the ballots for that

9-26 office. If there is not a discrepancy of 1 percent or more, the county or city

9-27 clerk shall not order such a count, but shall order a recount by computer of

9-28 all the ballots for the office.

9-29 4. The county or city clerk shall unseal and give to the recount board

9-30 all ballots to be counted.

9-31 5. In the case of a demand for a recount affecting more than one

9-32 county, the demand must be made to the secretary of state, who shall notify

9-33 the county clerks to proceed with the recount.

9-34 Sec. 20. NRS 293.565 is hereby amended to read as follows:

9-35 293.565 1. Except as otherwise provided in subsection 2, sample

9-42 (c) The full text of each proposed constitutional amendment.

10-1 2. Sample ballots that are mailed to registered voters may be printed

10-2 without the full text of each proposed constitutional amendment if:

10-3 (a) The cost of printing the sample ballots would be significantly

10-4 reduced if the full text of each proposed constitutional amendment were

10-5 not included;

10-6 (b) The county clerk ensures that a sample ballot that includes the full

10-7 text of each proposed constitutional amendment is provided at no charge to

10-8 each registered voter who requests such a sample ballot; and

10-9 (c) The sample ballots provided to each polling place include the full

10-10 text of each proposed constitutional amendment.

10-11 3. At least 10 days before any election [,] other than a presidential

10-12 preference primary election, the county clerk shall cause to be mailed to

10-13 each registered voter in the county a sample ballot for his precinct with a

10-14 notice informing the voter of the location of his polling place. If the

10-15 location of the polling place has changed since the last election:

10-16 (a) The county clerk shall mail a notice of the change to each registered

10-17 voter in the county not sooner than 10 days before mailing the sample

10-18 ballots; or

10-19 (b) The sample ballot must also include a notice in at least 10-point

10-20 bold type immediately above the location which states:

10-21 NOTICE: THE LOCATION OF YOUR POLLING PLACE

10-22 HAS CHANGED SINCE THE LAST ELECTION

10-23 4. The county clerk shall include in each sample ballot for a primary

10-24 election, other than a presidential preference primary election, a separate

10-25 page on which is printed a list of the offices and candidates for those

10-26 offices for which there is no opposition.

10-27 5. The cost of mailing sample ballots for any election other than a

10-28 primary or general election must be borne by the political subdivision

10-29 holding the election.

10-30 Sec. 21. NRS 293B.080 is hereby amended to read as follows:

10-31 293B.080 A mechanical voting system must, except at [primary

10-35 parties.

10-36 Sec. 22. NRS 293B.130 is hereby amended to read as follows:

10-37 293B.130 1. Before any election where a mechanical voting system

10-40 computer or counting device to be employed for counting the votes cast.

11-1 The program must cause the computer or counting device to operate in the

11-2 following manner:

11-3 (a) All lawful votes cast by each voter must be counted [.] , including,

11-4 in a presidential preference primary election, votes cast by a nonpartisan

11-5 voter for a candidate of a major political party, unless that party has

11-6 notified the secretary of state pursuant to section 30 of this act that it will

11-7 prohibit nonpartisan voters from voting its ballot.

11-8 (b) All unlawful votes, including, but not limited to, overvotes or, in a

11-9 primary election [,] or presidential preference primary election, votes cast

11-10 for a candidate of a major political party other than the party, if any, of the

11-11 registration of the voter , must not be counted.

11-12 (c) If the election is:

11-13 (1) A primary election held in an even-numbered year [;] other than

11-14 a presidential preference primary election; or

11-15 (2) A general election,

11-16 the total votes, other than absentee votes and votes in a mailing precinct,

11-17 must be accumulated by precinct.

11-18 (d) The computer or counting device must halt or indicate by

11-19 appropriate signal if a ballot is encountered which lacks a code identifying

11-20 the precinct in which it was voted and, in a primary election, identifying

11-21 the major political party of the voter.

11-22 2. The program must be prepared under the supervision of the

11-23 accuracy certification board appointed pursuant to the provisions of NRS

11-24 293B.140.

11-25 3. The county clerk shall take such measures as he deems necessary to

11-26 protect the program from being altered or damaged.

11-27 Sec. 23. NRS 293B.210 is hereby amended to read as follows:

11-28 293B.210 1. If a mechanical voting system is used whereby a vote is

11-36 secretary of state and approval by the state board of examiners.

11-37 Sec. 24. Chapter 298 of NRS is hereby amended by adding thereto the

11-38 provisions set forth as sections 25 to 50, inclusive, of this act.

11-39 Sec. 25. 1. Not later than November 1 of the year preceding a year

11-40 in which a President of the United States is elected, the state central

11-41 committee of each major political party shall notify the secretary of state,

11-42 in writing, whether the party will participate in the presidential

11-43 preference primary election.

12-1 2. If the secretary of state receives a statement pursuant to subsection

12-2 1 which states that a major political party will participate in the

12-3 presidential preference primary election, a presidential preference

12-4 primary election for that party must be held on the Friday following the

12-5 first Tuesday in March of the year in which the presidential election is

12-6 held.

12-7 3. A county may conduct the presidential preference primary election

12-8 by mail pursuant to the provisions of sections 32 to 35, inclusive, of this

12-9 act if the county clerk notifies the:

12-10 (a) Secretary of state by January 1 of a year in which a presidential

12-11 preference primary election is held; and

12-12 (b) Registered voters of the county pursuant to section 28 of this act,

12-13 that the county will conduct the presidential preference primary election

12-14 by mail.

12-15 4. No other election may be held at the same time as a presidential

12-16 preference primary election.

12-17 Sec. 26. 1. A person who wishes to be a candidate for the

12-18 nomination of President of the United States for a major political party

12-19 for which a presidential preference primary election will be held must,

12-20 not later than 5 p.m. on the second to the last Friday in December of the

12-21 year before a year in which a presidential preference primary election is

12-22 held:

12-23 (a) File with the secretary of state a declaration of candidacy on a

12-24 form prescribed by the secretary of state;

12-25 (b) File with the secretary of state a separate list of the names of the

12-26 delegates and alternate delegates from each of the congressional districts

12-27 in this state who will be pledged to that candidate if he receives the

12-28 greatest number of votes in that district; and

12-29 (c) Pay to the secretary of state a filing fee of $1,000.

12-30 2. A person whose name is included on a list filed pursuant to

12-31 paragraph (b) of subsection 1 must be:

12-32 (a) A registered voter in the congressional district for which he is

12-33 listed as a delegate or alternate delegate; and

12-34 (b) A member of the political party of the candidate for whom he is

12-35 listed as a delegate or alternate delegate.

12-36 Sec. 27. 1. Not later than December 1 of the year before a year in

12-37 which a presidential preference primary election is held, the secretary of

12-38 state shall announce the number of delegates and alternate delegates

12-39 from each major political party for which a presidential preference

12-40 primary election will be held who will represent each congressional

12-41 district in this state.

12-42 2. If the number of delegate votes apportioned to this state by the

12-43 national committee or convention of a major political party is evenly

13-1 divisible by the number of congressional districts in this state, each of the

13-2 congressional districts in this state must be represented by an equal

13-3 number of delegates and alternate delegates.

13-4 3. If the number of delegate votes apportioned to this state by the

13-5 national committee or convention of a major political party is not evenly

13-6 divisible by the number of congressional districts in this state, the

13-7 secretary of state shall determine the number of delegates and alternate

13-8 delegates who will represent each district. The secretary of state shall

13-9 ensure that no congressional district in this state receives:

13-10 (a) More than one fewer delegate and alternate delegate than any

13-11 other congressional district in this state; or

13-12 (b) More delegates and alternate delegates than any congressional

13-13 district in this state which has a greater population as determined by the

13-14 last preceding national decennial census conducted by the Bureau of the

13-15 Census of the United States Department of Commerce.

13-16 Sec. 28. 1. Not later than the second to last Friday in January of

13-17 each year in which a presidential election is held, the secretary of state

13-18 shall forward to each county clerk a certified list of the names of those

13-19 persons whose names must appear on the ballot for the presidential

13-20 preference primary election for each major political party for which a

13-21 presidential preference primary election will be held.

13-22 2. Immediately upon receipt of the certified list of candidates from

13-23 the secretary of state, the county clerk shall publish a notice of the

13-24 presidential preference primary election in a newspaper of general

13-25 circulation in the county once a week for 2 successive weeks. If no such

13-26 newspaper is published in the county, the publication may be made in a

13-27 newspaper of general circulation in the nearest county in this state.

13-28 3. The notice must state:

13-29 (a) Whether the presidential preference primary election will be

13-30 conducted by mail or by voting in person at polling places on the day of

13-31 the election.

13-32 (b) If a county has indicated that it will conduct the presidential

13-33 preference primary by mail:

13-34 (1) The date the ballots will be mailed to the voters.

13-35 (2) The date by which the ballots must be received from the voters.

13-36 (3) The dates on which and the hours during which a registered

13-37 voter who did not receive a ballot in the mail may vote in person at the

13-38 office of the county clerk.

13-39 (c) The hours during which the polling places will be open.

13-40 (d) The dates for early voting.

13-41 (e) The names of the candidates for the nomination for President of

13-42 the United States of each major political party for which a presidential

13-43 preference primary election will be held.

14-1 Sec. 29. 1. The names of the candidates for nomination for

14-2 President of the United States for each major political party for which a

14-3 presidential preference primary election will be held must be printed on

14-4 the official ballots for the election. There must be a separate ballot for

14-5 each major political party.

14-6 2. The name of the major political party must appear at the top of the

14-7 ballot for that party. The names of the candidates of each major political

14-8 party must be printed alphabetically upon the ballot of that party.

14-9 3. If there is no contest for a major political party’s nomination for

14-10 President of the United States, a ballot for that party must not be printed

14-11 and an election for that party’s nomination must not be held.

14-12 Sec. 30. 1. The state central committee of each major political

14-13 party for which a presidential preference primary election will be held

14-14 shall, not later than December 1 of the year before a year in which the

14-15 election is held, notify the secretary of state in writing whether the party

14-16 will prohibit nonpartisan voters from voting its ballot in the presidential

14-17 preference primary election.

14-18 2. Unless a major political party prohibits nonpartisan voters from

14-19 voting its ballot in the presidential preference primary election, a

14-20 nonpartisan voter may vote the ballot of that major political party by

14-21 personal appearance at the polls on the day of the presidential preference

14-22 primary election, by absent ballot, by personal appearance at the polls or

14-23 the county clerk’s office for early voting or by mail if the registered voter

14-24 resides in a county which has chosen to conduct the presidential

14-25 preference primary election by mail.

14-26 Sec. 31. In a county which has chosen to conduct the presidential

14-27 preference primary election by mail, a nonpartisan voter may, not later

14-28 than 20 days before the presidential preference primary election is held,

14-29 request in writing that the county clerk mail to him the ballot for that

14-30 party’s presidential preference primary election. If a nonpartisan voter

14-31 requests to vote a partisan ballot in the presidential preference primary

14-32 election, the county clerk shall, when the ballots are mailed to the

14-33 registered voters of the major political parties pursuant to section 32 of

14-34 this act, mail to the nonpartisan voter the ballot of the party for whose

14-35 candidates he wishes to vote. A nonpartisan voter shall not vote more

14-36 than one partisan ballot in the presidential preference primary election.

14-37 Sec. 32. In a county which has chosen to conduct the presidential

14-38 preference primary election by mail, the county clerk shall, not later than

14-39 14 days before the presidential preference primary election is held, mail

14-40 to:

14-41 1. Each registered voter in that county whose affidavit of registration

14-42 indicates that he is affiliated with a major political party for which a

14-43 presidential preference primary election will be held; and

15-1 2. Each registered voter who is authorized to vote in a party’s

15-2 primary pursuant to section 31 of this act,

15-3 an official mailing ballot to be voted by him at the election unless he has

15-4 already voted or requested an absent ballot.

15-5 Sec. 33. 1. In a county which has chosen to conduct the

15-6 presidential preference primary election by mail, the county clerk shall:

15-7 (a) Make certain of the names and addresses of all voters registered to

15-8 vote in the county;

15-9 (b) Enroll the name and address of each voter found eligible to vote in

15-10 that county in the record book for the presidential preference primary

15-11 election for his party;

15-12 (c) Mark the number of the ballot on the return envelope; and

15-13 (d) Mail the ballot to the registered voter.

15-14 2. Except as otherwise provided in subsection 3, the ballot must be

15-15 accompanied by:

15-16 (a) A postage-paid return envelope;

15-17 (b) Supplies for marking the ballot;

15-18 (c) An envelope or similar device into which the ballot is inserted to

15-19 ensure its secrecy; and

15-20 (d) Instructions regarding the manner of voting and returning the

15-21 ballot.

15-22 3. In those counties using a mechanical voting system whereby a vote

15-23 is cast by punching a card, the ballot must be accompanied by:

15-24 (a) A sheet of foam plastic or similar backing material attached to the

15-25 card;

15-26 (b) A punching instrument;

15-27 (c) A postage-paid return envelope;

15-28 (d) An envelope or similar device into which the card is inserted to

15-29 ensure its secrecy; and

15-30 (e) Instructions regarding the manner of voting and returning the

15-31 ballot.

15-32 Sec. 34. In a county which has chosen to conduct the presidential

15-33 preference primary election by mail, upon receipt of a mailing ballot

15-34 from the county clerk for a presidential preference primary election, the

15-35 registered voter must:

15-36 1. Except as otherwise provided in subsection 2:

15-37 (a) Immediately after opening the envelope, mark and fold the ballot;

15-38 (b) Place the ballot in the return envelope;

15-39 (c) Affix his signature on the back of the envelope; and

15-40 (d) Mail or deliver the envelope to the county clerk.

15-41 2. In those counties using a mechanical voting system whereby a vote

15-42 is cast by punching a card:

15-43 (a) Immediately after opening the envelope, punch the card;

16-1 (b) Place the unfolded card in the return envelope;

16-2 (c) Affix his signature on the back of the envelope; and

16-3 (d) Mail or deliver the envelope to the county clerk.

16-4 Sec. 35. In a county which has chosen to conduct the presidential

16-5 preference primary election by mail, the county clerk shall, upon request

16-6 from a registered voter who does not receive a ballot, issue to that voter a

16-7 certificate of error and allow that voter to vote on election day at the

16-8 office of the county clerk.

16-9 Sec. 36. Each registered voter may vote on the partisan ballot for the

16-10 presidential preference primary election for one person to be the

16-11 candidate for nomination for President of the United States for that

16-12 party.

16-13 Sec. 37. 1. When an absent ballot, ballot for early voting or

16-14 mailing ballot for the presidential preference primary election is returned

16-15 to the county clerk, the county clerk shall make a record of the fact that

16-16 the ballot was returned on the absent ballot record book.

16-17 2. On the day of the presidential preference primary election, the

16-18 county clerk shall deposit the absent ballots, ballots for early voting and

16-19 mailing ballots in the regular ballot box in the following manner:

16-20 (a) The name of the voter, as shown on the return envelope, must be

16-21 called and checked as if the voter were voting in person; and

16-22 (b) The signature on the back of the return envelope must be

16-23 compared with that on the original affidavit of registration.

16-24 3. If the county clerk determines that the voter is entitled to cast his

16-25 ballot, the envelope must be opened, the numbers on the absent ballot,

16-26 ballot for early voting or mailing ballot and envelope compared, the

16-27 number strip or stub detached from the ballot and, if the numbers are the

16-28 same, the ballot deposited in the regular ballot box.

16-29 4. The county clerk shall mark in the pollbook opposite the name of

16-30 the voter the word "Voted."

16-31 5. When all the absent ballots, ballots for early voting and mailing

16-32 ballots received by the county clerk have been voted or rejected, the

16-33 county clerk shall:

16-34 (a) Note on each envelope containing a rejected ballot the reason for

16-35 rejection; and

16-36 (b) Sign each envelope containing a rejected ballot.

16-37 Sec. 38. In any county which has more than one congressional

16-38 district within its boundaries, the county clerk shall make a separate

16-39 count of the ballots received from the voters in each of the congressional

16-40 districts in this state.

16-41 Sec. 39. 1. In a county which has chosen to conduct the

16-42 presidential preference primary election by voting in person at polling

16-43 places on the day of the election, the:

17-1 (a) Ballots voted in person at the polling places must be counted,

17-2 tallied, filed and canvassed pursuant to the provisions of NRS 293.3625

17-3 to 293.383, inclusive, and 293.387 to 293.397, inclusive; and

17-4 (b) Absent ballots and ballots for early voting must be counted, tallied,

17-5 filed and canvassed pursuant to the provisions of sections 37 to 47,

17-6 inclusive, of this act.

17-7 2. In a county which has chosen to conduct the presidential

17-8 preference primary election by mail, the mailing ballots, absent ballots

17-9 and ballots for early voting must be counted, tallied, filed and canvassed

17-10 pursuant to the provisions of sections 37 to 47, inclusive, of this act.

17-11 Sec. 40. When the polls are closed, the county clerk shall prepare to

17-12 count the ballots returned to him. The counting procedure must be public

17-13 and continue without adjournment until completed. The county clerk

17-14 shall prepare in the following manner:

17-15 1. The ballot box must be opened and the ballots contained therein

17-16 counted by the county clerk and opened far enough to ascertain whether

17-17 each ballot is single. If two or more ballots are found folded together to

17-18 present the appearance of a single ballot, they must be laid aside until the

17-19 count of the ballots is completed. If, on comparison of the count with the

17-20 record books, the county clerk is of the opinion that the ballots folded

17-21 together were voted by one person, the ballots must be rejected and

17-22 placed in an envelope, upon which must be written the reason for their

17-23 rejection. The envelope must be signed by the county clerk and placed in

17-24 the ballot box after the count is completed.

17-25 2. If the ballots in the box are found to exceed the number of names

17-26 on the record books, the ballots must be replaced in the box, and the

17-27 county clerk with his back turned to the box, shall draw out a number of

17-28 ballots equal to the excess. The excess ballots must be marked on the

17-29 back thereof with the words "Excess ballots not counted." The ballots

17-30 when so marked must be immediately sealed in an envelope.

17-31 3. When it has been determined that the record books and the

17-32 number of ballots agree with the number of names of registered voters

17-33 shown to have voted, the county clerk shall proceed to count. If there is a

17-34 discrepancy between the number of ballots and the number of voters, a

17-35 record of the discrepancy must be made.

17-36 Sec. 41. The county clerk in any county in which paper ballots are

17-37 used shall not begin counting the votes until all ballots which were

17-38 returned by the voters and all ballots which were not mailed by the

17-39 county clerk are accounted for.

17-40 Sec. 42. The basic factor to be considered by a county clerk when

17-41 determining whether a particular ballot must be rejected is whether any

17-42 identifying mark appears on the ballot which, in the opinion of the

17-43 county clerk, constitutes an identifying mark such that there is a

18-1 reasonable belief entertained in good faith that the ballot has been

18-2 tampered with and, as a result of the tampering, the outcome of the

18-3 election would be affected.

18-4 Sec. 43. When all the votes have been tallied, the county clerk shall

18-5 enter on the tally lists by the name of each candidate the number of votes

18-6 he received. The number must be expressed in words and figures.

18-7 Sec. 44. 1. After the tally lists have been completed, the county

18-8 clerk shall:

18-9 (a) File the voted ballots on a string, enclose and seal them in an

18-10 envelope marked "Election returns, voted ballots."

18-11 (b) File the rejected ballots on a string, enclose and seal them in an

18-12 envelope marked "Election returns, rejected ballots."

18-13 (c) Place one of the tally lists for regular ballots and one of the

18-14 pollbooks in an envelope marked "Election returns" and seal the

18-15 envelope.

18-16 2. The voted ballots, rejected ballots, tally lists for regular ballots,

18-17 tally list for rejected ballots, challenge list, stubs of used ballots, spoiled

18-18 ballots and ballots which were not mailed by the county clerk must be

18-19 sealed under cover by the county clerk.

18-20 Sec. 45. 1. Except as otherwise provided in subsection 2, each

18-21 county clerk shall post a copy of the voting results in a conspicuous place

18-22 on the outside of the place where the votes were counted.

18-23 2. When votes are cast on ballots which are mechanically or

18-24 electronically tabulated in accordance with the provisions of chapter

18-25 293B of NRS, the county clerk shall, as soon as possible, post copies of

18-26 the tabulated voting results in a conspicuous place on the outside of the

18-27 counting facility.

18-28 3. Each copy of the voting results posted in accordance with

18-29 subsections 1 and 2 must set forth the accumulative total of all the votes

18-30 cast within the county and must be signed by the county clerk or the

18-31 computer program and processing accuracy board.

18-32 Sec. 46. 1. As soon as the returns from the county have been

18-33 received by the board of county commissioners, the board shall meet and

18-34 canvass the returns. The canvass must be completed on or before the

18-35 fifth working day after the election.

18-36 2. In making its canvass, the board shall:

18-37 (a) Note separately any clerical errors discovered; and

18-38 (b) Take account of the changes resulting from the discovery, so that

18-39 the result declared represents the true vote cast.

18-40 3. The county clerk shall, as soon as the result is declared, enter

18-41 upon the records of the board an abstract of the result, which must

18-42 contain the number of votes cast for each candidate. The board, after

18-43 making the abstract, shall cause the county clerk to certify the abstract

19-1 and, by an order made and entered in the minutes of its proceedings, to

19-2 make:

19-3 (a) A copy of the certified abstract; and

19-4 (b) A mechanized report of the abstract in compliance with

19-5 regulations adopted by the secretary of state,

19-6 and transmit them to the secretary of state within 6 working days after

19-7 the election.

19-8 4. The secretary of state shall, immediately after the election, compile

19-9 the returns for all the candidates. He shall make out and file in his office

19-10 an abstract thereof, and shall certify to the county clerk of each county

19-11 the name of the candidate whose delegates and alternate delegates will be

19-12 attending the national party convention for each major political party for

19-13 which a presidential preference primary election was held from each

19-14 congressional district in this state.

19-15 Sec. 47. 1. The voted ballots, rejected ballots, spoiled ballots,

19-16 ballots which were not mailed by the county clerk, tally lists, pollbooks,

19-17 challenge lists and stubs of the ballots used, enclosed and sealed, must,

19-18 after canvass of the votes by the board of county commissioners, be

19-19 deposited in the vaults of the county clerk, and preserved for at least 22

19-20 months. All sealed materials must be destroyed immediately after the

19-21 preservation period. A notice of the destruction must be published by the

19-22 county clerk in at least one newspaper of general circulation in the

19-23 county not less than 2 weeks before the destruction.

19-24 2. The pollbooks containing the signatures of those persons who

19-25 voted in the election and the tally lists deposited with the board of county

19-26 commissioners are subject to the inspection of any elector who wishes to

19-27 examine them at any time after their deposit with the county clerk.

19-28 3. A contestant of an election may inspect all the material regarding

19-29 that election which is preserved pursuant to subsection 1, except the

19-30 voted ballots.

19-31 4. The voted ballots deposited with the county clerk are not subject to

19-32 the inspection of any person, except in cases of contested election, and

19-33 then only by the judge, body or board before whom the election is being

19-34 contested, or by the parties to the contest, jointly, pursuant to an order of

19-35 that judge, body or board.

19-36 Sec. 48. 1. The delegates and alternate delegates of the candidate

19-37 who receives the greatest number of votes in each congressional district

19-38 in the state will be certified by the secretary of state as the delegates and

19-39 alternate delegates from this state to the national convention of that

19-40 party.

19-41 2. If there is no contest for a major political party’s nomination for

19-42 President of the United States, the delegates and alternate delegates of

19-43 the only candidate to file a declaration must be certified as the delegates

20-1 and alternate delegates from this state to that party’s national

20-2 convention.

20-3 3. If there are no declarations of candidacy filed with the secretary of

20-4 state for a major political party’s nomination for President of the United

20-5 States, the state central committee shall designate the party’s delegates

20-6 and alternate delegates to the national convention.

20-7 4. The delegates and alternate delegates of the candidate who

20-8 received the greatest number of votes at the presidential preference

20-9 primary election must be pledged to that candidate for the first

20-10 convention ballot unless the candidate releases those delegates and

20-11 alternate delegates pursuant to subsection 5.

20-12 5. At any time after the presidential preference primary election, the

20-13 candidate who received the greatest number of votes in the election may

20-14 release his delegates and alternate delegates from their pledge to support

20-15 him at the national convention. The delegates and alternate delegates of

20-16 a candidate shall be deemed to be released when the candidate notifies

20-17 the chairman of the state delegation of his party, in writing, that he

20-18 wishes to release his delegates and alternate delegates.

20-19 6. The candidate who receives the greatest number of votes in a

20-20 presidential preference primary election may change the names on the

20-21 list of delegates and alternate delegates who will be pledged to him at the

20-22 national convention at any time before the national convention is held by

20-23 notifying the secretary of state, in writing, that he wishes to make a

20-24 change to his list of delegates and alternate delegates. A delegate or

20-25 alternate delegate whose name is included on the list after the

20-26 presidential preference primary election must meet the qualifications for

20-27 delegates and alternate delegates prescribed in section 26 of this act.

20-28 7. A person who is certified by the secretary of state as a delegate or

20-29 alternate delegate from this state to the national convention of a major

20-30 political party shall, within 2 weeks after his certification, file with the

20-31 secretary of state a pledge to act in accordance with the provisions of

20-32 sections 25 to 50, inclusive, of this act.

20-33 Sec. 49. If a presidential preference primary election is held

20-34 pursuant to sections 25 to 50, inclusive, of this act, the cost of the election

20-35 is a charge against the state and must be paid from the reserve for

20-36 statutory contingency account upon recommendation by the secretary of

20-37 state and approval by the state board of examiners.

20-38 Sec. 50. The secretary of state may adopt regulations to carry out the

20-39 provisions of sections 25 to 50, inclusive, of this act.

20-40 Sec. 51. NRS 353.264 is hereby amended to read as follows:

20-41 353.264 1. The reserve for statutory contingency account is hereby

20-42 created in the state general fund.

21-1 2. The state board of examiners shall administer the reserve for

21-2 statutory contingency account, and the money in the account must be

21-3 expended only for:

21-4 (a) The payment of claims which are obligations of the state pursuant to

21-5 NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070,

21-6 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120,

21-7 353.262, 412.154 and 475.235 [;] and section 49 of this act;

21-8 (b) The payment of claims which are obligations of the state pursuant

21-9 to:

21-10 (1) Chapter 472 of NRS arising from operations of the division of

21-11 forestry of the state department of conservation and natural resources

21-12 directly involving the protection of life and property; and

21-13 (2) NRS 7.155, 34.750, 176A.640, 178.465, 179.225, 213.153 and

21-14 293B.210,

21-15 but the claims must be approved for the respective purposes listed in this

21-16 paragraph only when the money otherwise appropriated for those purposes

21-17 has been exhausted;

21-18 (c) The payment of claims which are obligations of the state pursuant to

21-19 NRS 41.0349 and 41.037, but only to the extent that the money in the fund

21-20 for insurance premiums is insufficient to pay the claims; and

21-21 (d) The payment of claims which are obligations of the state pursuant to

21-22 NRS 535.030 arising from remedial actions taken by the state engineer

21-23 when the condition of a dam becomes dangerous to the safety of life or

21-24 property.

21-25 Sec. 52. Section 1 of chapter 367, Statutes of Nevada 1997, at page

21-26 1311, is hereby amended to read as follows:

21-27 Section 1. 1. Six members from this state must be appointed

21-42 other states:

22-1 (a) Propose a common date for a presidential preference caucus

22-2 or primary election, to be known, as applicable, as the [Rocky

22-3 Mountain] Western Presidential Preference Caucus or Primary

22-4 Election;

22-5 (b) Assist other states that have appointed members to the task

22-6 force in proposing legislation that authorizes the participation of

22-7 those states and this state in the [Rocky Mountain] Western

22-8 Presidential Preference Caucus or Primary Election; and

22-9 (c) Recommend methods to increase:

22-10 (1) The interaction between candidates for President of the

22-11 United States and the voters in the western states; and

22-12 (2) The attention that candidates for President of the United

22-13 States devote to issues of concern to the voters in the western

22-14 states, including, but not limited to, the management and use of

22-15 public land, water and natural resources.

22-16 3. The membership of any member of the Nevada Legislature

22-17 who is appointed to the task force pursuant to subsection 1 who

22-18 does not become a candidate for reelection or who is defeated for

22-19 reelection continues until the next session of the Legislature is

22-20 convened.

22-21 4. The members appointed to the task force pursuant to

22-22 subsection 1 serve without compensation. While engaged in the

22-23 business of the task force, each member is entitled to receive the

22-24 per diem allowance and travel expenses provided for state officers

22-25 and employees generally. The per diem allowances and the travel

22-26 expenses must be paid from the legislative fund.

22-27 Sec. 53. Section 3 of chapter 367, Statutes of Nevada 1997, at page

22-28 1312, is hereby amended to read as follows:

22-29 Sec. 3. This act becomes effective on July 1, 1997, and expires

22-30 by limitation on [January 1,] June 30, 2000.

22-31 Sec. 54. 1. There is hereby appropriated from the state general fund

22-32 to the Interim Finance Committee the sum of $1,400,000 to be used to pay

22-33 the cost of conducting a presidential preference primary election, which

22-34 must be held on March 10, 2000, if the Interim Finance Committee

22-35 determines that a significant enough number of western states are holding a

22-36 presidential preference primary election on March 10, 2000, as to make

22-37 conducting a presidential preference primary election in Nevada beneficial

22-38 to the interests of this state.

22-39 2. On or before September 1, 1999, the Secretary of State shall report

22-40 to the Interim Finance Committee the number of western states that will be

22-41 holding a presidential preference primary election on March 10, 2000, and

22-42 his opinion as to whether such an election would be beneficial to the

22-43 interests of this state.

23-1 3. If the Interim Finance Committee determines that a presidential

23-2 preference primary election will be held on March 10, 2000, the money

23-3 appropriated by subsection 1 must be distributed to the reserve for

23-4 statutory contingency account created pursuant to NRS 353.264.

23-5 4. Any remaining balance of the appropriation made by subsection 1

23-6 must not be committed for expenditure after June 30, 2000, and reverts to

23-7 the state general fund as soon as all payments of money committed have

23-8 been made.

23-9 Sec. 55. This act becomes effective on July 1, 1999.