Assembly Bill No. 520–Committee on Elections,
Procedures, and Ethics
March 12, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes to provisions governing elections. (BDR 24-280)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. The secretary of state, a board of county commissioners, a1-4
county clerk and any other person who prepares an abstract of votes or1-5
other report of votes pursuant to this chapter shall not include in that1-6
abstract or report a person designated as an inactive voter pursuant to1-7
subsection 7 of NRS 293.530 when determining the percentage of voters1-8
who have voted or the total number of voters.1-9
Sec. 3. 1. A person who files a written challenge pursuant to NRS1-10
293.547 or an affidavit pursuant to NRS 293.535 may withdraw the1-11
challenge or affidavit at any time by submitting a written request to the1-12
county clerk. Upon receipt of the request, the county clerk shall:2-1
(a) Remove the challenge or affidavit from the registrar of voters’2-2
register, any election board register and any other record in which the2-3
challenge or affidavit has been filed or entered;2-4
(b) If a notice of the challenge or affidavit has been mailed to the2-5
person who is the subject of the challenge or affidavit, mail a notice and2-6
a copy of the request to withdraw to that person; and2-7
(c) If a notice of the challenge has been mailed to the district attorney,2-8
mail a notice and a copy of the request to withdraw to the district2-9
attorney.2-10
2. If the county clerk receives a request to withdraw pursuant to2-11
subsection 1, the county clerk shall withdraw the person’s challenge or2-12
affidavit.2-13
Sec. 4. NRS 293.1715 is hereby amended to read as follows: 293.1715 1. The2-15
minor political party must not appear on the ballot for a primary election.2-16
2. The2-17
political party other than a candidate for the office of President or Vice2-18
President of the United States must2-19
the general election if2-20
(a) The party has filed a certificate of existence2-21
NRS 293.171;2-22
(b) The name of the candidate appears on the list of2-23
filed by the party pursuant to the provisions of subsection 1 of NRS2-24
293.1725 with the secretary of state2-25
2-26
2-27
2-28
2-29
2-30
2-31
2-32
2-33
2-34
2-35
2-36
2-37
2-38
(c) The party has held one or more conventions not earlier than the2-39
first Saturday in April preceding the election and not later than the2-40
second Saturday in April, at which the party obtained on a petition on2-41
behalf of the candidate not less than:2-42
(1) Two hundred signatures if the candidate is to be nominated for2-43
a statewide office; or3-1
(2) Twenty-five signatures if the candidate is to be nominated for3-2
any office except a statewide office;3-3
(d) The party has filed the petition circulated pursuant to paragraph3-4
(c) with the secretary of state not later than 5 p.m. on the third Monday3-5
in May; and3-6
(e) The petition filed pursuant to paragraph (d) meets the3-7
requirements set forth in NRS 293.172.3-8
3. The name of a candidate of a minor political party for the office of3-9
President or Vice President of the United States must appear on the3-10
ballot for the general election if:3-11
(a) The party has filed a certificate of existence pursuant to NRS3-12
293.171;3-13
(b) The name of the candidate appears on the certificate of3-14
nomination filed by the party pursuant to the provisions of subsection 43-15
of NRS 293.1725 with the secretary of state;3-16
(c) The party has held one or more conventions not earlier than the3-17
first Saturday in April preceding the election and not later than the3-18
second Saturday in July, at which the party obtained on a petition on3-19
behalf of the candidate not less than 200 signatures;3-20
(d) The party has filed the petition circulated pursuant to paragraph3-21
(c) with the secretary of state not later than 5 p.m. on the second Friday3-22
in August; and3-23
(e) The petition filed pursuant to paragraph (d) meets the3-24
requirements set forth in NRS 293.172.3-25
4. Notwithstanding the provisions of subsection 2, the name of a3-26
candidate of a minor political party must not appear on the ballot of the3-27
general election unless the candidate files his declaration of candidacy3-28
and pays the filing fee in accordance with subsection 3 of NRS 293.1725.3-29
5. The name of only one candidate of each minor political party for3-30
each office may appear on the ballot for a general election.3-31
3-32
an unsigned copy of3-33
3-34
(a) Subsection 2 before the petition may be circulated for signatures3-35
at the convention held pursuant to subsection 2.3-36
(b) Subsection 3 before the petition may be circulated for signatures at3-37
the convention held pursuant to subsection 3.3-38
7. As used in this section, "convention" means an assemblage of not3-39
less than 25 registered voters.3-40
Sec. 5. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to3-42
2 or 3 of NRS 293.1715 may consist of more than one document. Each3-43
document of the petition must:4-1
(a) Bear the name of the4-2
political party, candidate and office to which the candidate is to be4-3
nominated.4-4
(b) Include the affidavit of the person who circulated the document4-5
verifying that the signers are registered voters in the state according to his4-6
best information and belief and that the signatures are genuine and were4-7
signed in his presence .4-8
4-9
(c) Bear the name of a county and be verified by the county clerk4-10
4-11
manner prescribed in NRS 293.1276 to 293.1279, inclusive,4-12
4-13
with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715.4-14
A challenge to the form of a4-15
4-16
in the county4-17
4-18
named on the document.4-19
(d) Be signed only by registered voters of4-20
is named on the document.4-21
2. If the office to which the candidate is to be nominated is a county4-22
office, only the registered voters of that county may sign the petition. If4-23
the office to which the candidate is to be nominated is a district office,4-24
only the registered voters of that district may sign the petition.4-25
3. Each person who signs a4-26
address of the place where he resides, the date that he signs and the name4-27
of the county in which he is registered to vote.4-28
4. The county clerk shall not disqualify the signature of a voter who4-29
failed to provide all of the information required by4-30
subsection 3 if the voter is registered in the county that is named on the4-31
document.4-32
Sec. 6. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor4-34
political party4-35
a general election4-36
4-37
4-38
4-39
4-40
must file with the secretary of state a list of4-41
entitled to appear on the ballot pursuant to subsection 2 of NRS 293.17154-42
not earlier than the first Monday in May preceding the election nor later4-43
than 5 p.m. on the5-1
must be signed by the person so authorized in the certificate of existence of5-2
the minor political party before a notary public or other person authorized5-3
to take acknowledgments. The secretary of state shall not accept the list5-4
unless each candidate on the list is entitled to appear on the ballot5-5
pursuant to subsection 2 of NRS 293.1715. The list must not be amended5-6
after it is filed5-7
2. The secretary of state shall immediately forward a certified copy of5-8
the filed and accepted list of candidates of each minor political party to the5-9
filing officer with whom each candidate must file his declaration of5-10
candidacy.5-11
3. Each candidate on the list must file his declaration of candidacy5-12
with the proper filing officer and pay the fee required by NRS 293.193 not5-13
earlier than the date on which the list of candidates of his minor political5-14
party is filed with the secretary of state nor later than 5 p.m. on the5-15
5-16
4. A minor political party that wishes to place candidates for the5-17
offices of President and Vice President of the United States5-18
5-19
ballot for the general election5-20
must file with the secretary of state a certificate of nomination for these5-21
offices not later than 5 p.m. on the5-22
Friday in August. The secretary of state shall not accept the certificate of5-23
nomination unless each candidate who appears on the certificate is5-24
entitled to appear on the ballot pursuant to subsection 3 of NRS5-25
293.1715.5-26
Sec. 7. NRS 293.174 is hereby amended to read as follows: 293.174 1. If the qualification of a minor political party or a5-28
candidate of a minor political party other than a candidate for the office5-29
of President or Vice President of the United States is challenged, all5-30
affidavits and documents in support of the challenge must be filed not later5-31
than 5 p.m. on the5-32
judicial proceeding resulting from the challenge must be set for hearing not5-33
more than 5 days after the5-34
5-35
subsection must be filed with:5-36
(a) The first judicial district court; or5-37
(b) If a candidate who filed a declaration of candidacy with a county5-38
clerk is challenged, the district court for the county where the declaration5-39
of candidacy was filed.5-40
2. If the qualification of a candidate of a minor political party for the5-41
office of President or Vice President of the United States is challenged,5-42
all affidavits and documents in support of the challenge must be filed not5-43
later than 5 p.m. on the fourth Tuesday in August. Any judicial6-1
proceeding resulting from the challenge must be set for hearing not more6-2
than 5 days after the fourth Tuesday in August. A challenge pursuant to6-3
this subsection must be filed with the first judicial district court .6-4
6-5
Sec. 8. NRS 293.175 is hereby amended to read as follows: 293.175 1. The primary election must be held on the first Tuesday of6-7
September in each even-numbered year.6-8
2. Candidates of a major political party and candidates for nonpartisan6-9
offices must be nominated at the primary election.6-10
3. Candidates of a minor political party must be nominated in the6-11
manner prescribed pursuant to NRS 293.1716-12
4. Independent candidates for partisan office must be nominated in the6-13
manner provided in NRS 293.200.6-14
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply6-15
to:6-16
(a) Special elections to fill vacancies.6-17
(b) The nomination of the officers of incorporated cities.6-18
(c) The nomination of district officers whose nomination is otherwise6-19
provided for by statute.6-20
Sec. 9. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person6-22
may be a candidate in any election if he has changed:6-23
(a) The designation of his political party affiliation; or6-24
(b) His designation of political party from6-25
a designation of a political party affiliation,6-26
on an application to register to vote in the State of Nevada or in any other6-27
state since the September 1 next preceding the closing filing date for the6-28
election, whether or not his previous registration was still effective at the6-29
time of the change in party designation.6-30
2. The provisions of subsection 1 do not apply to any person who is a6-31
candidate of a political party that was not qualified pursuant to NRS6-32
293.171 on the September 1 next preceding the closing filing date for the6-33
election.6-34
Sec. 10. NRS 293.194 is hereby amended to read as follows: 293.194 The filing fee of an independent candidate who files a petition6-36
pursuant to NRS 293.200 or 298.109, of a candidate of a minor political6-37
party or of a candidate of a new major political party, must be returned to6-38
the candidate by the officer to whom the fee was paid within 10 days after6-39
the date on which a final determination is made that the petition of the6-40
candidate6-41
contain the required number of signatures.6-42
Sec. 11. NRS 293.200 is hereby amended to read as follows:7-1
293.200 1. An independent candidate for partisan office must file7-2
with the proper filing officer:7-3
(a) A copy of the petition of candidacy that he intends to circulate for7-4
signatures. The copy must be filed before the petition may be circulated.7-5
(b) A petition of candidacy signed by a number of registered voters7-6
equal to at least7-7
7-8
7-9
(1) Two hundred signatures if the candidate is a candidate for a7-10
statewide office; or7-11
(2) Twenty-five signatures if the candidate is a candidate for any7-12
office except a statewide office.7-13
2. The petition may consist of more than one document. Each7-14
document must bear the name of the county in which it was circulated and7-15
only registered voters of that county may sign the document. The person7-16
who circulates the document must be a registered voter of that county. If7-17
the office is a district office, only the registered voters of that district may7-18
sign the document. The documents7-19
in a county must be7-20
7-21
inclusive,7-22
7-23
subsection 4. Each signer shall add to his signature the address of the place7-24
at which he actually resides, the date that he signs the petition and the7-25
name of the county where he is registered to vote for the purpose of7-26
determining whether he is a registered voter. The person who circulates7-27
each document of the petition shall sign an affidavit attesting that the7-28
signatures on the document are genuine to the best of his knowledge and7-29
belief and were signed in his presence by persons registered to vote in that7-30
county.7-31
3. The petition of candidacy may state the principle, if any, which the7-32
person qualified represents.7-33
4. Petitions of candidacy must be filed not earlier than the7-34
7-35
and not later than 5 p.m. on the third7-36
May.7-37
5. No petition of candidacy may contain the name of more than one7-38
candidate for each office to be filled.7-39
6. A person may not file as an independent candidate if he is7-40
proposing to run as the candidate of a political party.7-41
7. The names of independent candidates must be placed on the general7-42
election ballot and must not appear on the primary election ballot.8-1
8. If the candidacy of any person seeking to qualify pursuant to this8-2
section is challenged, all affidavits and documents in support of the8-3
challenge must be filed not later than 5 p.m. on the fourth8-4
8-5
challenge must be set for hearing not more than 5 days after the fourth8-6
8-7
9. Any challenge pursuant to subsection 8 must be filed with:8-8
(a) The first judicial district court if the petition of candidacy was filed8-9
with the secretary of state.8-10
(b) The district court for the county where the petition of candidacy was8-11
filed if the petition was filed with a county clerk.8-12
10. An independent candidate for partisan office must file a8-13
declaration of candidacy with the proper filing officer and pay the fee8-14
required by NRS 293.193 not earlier than the first Monday in May of the8-15
year in which the election is held nor later than 5 p.m.8-16
8-17
Sec. 12. NRS 293.207 is hereby amended to read as follows:8-18
293.207 1. Election precincts must be established on the basis of the8-19
number of registered voters therein, with a maximum of 600 registered8-20
voters per precinct in those precincts in which paper ballots are used, or a8-21
maximum of 1,500 registered voters who are not designated inactive8-22
pursuant to NRS 293.530 per precinct in those precincts in which a8-23
mechanical voting system is used.8-24
2.8-25
county clerk may consolidate two or more contiguous election precincts8-26
into a single voting district to conduct a particular election as public8-27
convenience, necessity and economy may require.8-28
3. If a county clerk proposes to consolidate two or more contiguous8-29
election precincts, in whole or in part, pursuant to subsection 2, the8-30
county clerk shall, at least 14 days before consolidating the precincts,8-31
cause notice of the proposed consolidation to be:8-32
(a) Posted in the manner prescribed for a regular meeting of the8-33
board of county commissioners; and8-34
(b) Mailed to each assemblyman, state senator and public officer of a8-35
local government who represents residents of a precinct affected by the8-36
consolidation.8-37
4. A person may file a written objection to the proposed8-38
consolidation with the county clerk. The county clerk shall consider each8-39
written objection filed pursuant to this subsection before consolidating8-40
the precincts.8-41
Sec. 13. NRS 293.213 is hereby amended to read as follows: 293.213 1. Whenever there were not more than 20 voters registered8-43
in a precinct for the last preceding general election, the county clerk may9-1
establish9-2
notification to the field registrar for9-3
2. Except as otherwise provided9-4
clerk in any county where an absent ballot central counting board is9-5
appointed may abolish two or more existing mailing precincts and combine9-6
those mailing precincts into absent ballot precincts .9-7
mailing precincts must be designated absent ballot mailing precincts.9-8
3. In any county where an absent ballot central counting board is9-9
appointed, any established precinct which had less than 200 ballots cast at9-10
the last preceding general election, or any newly established precinct with9-11
less than 200 registered voters, may be designated an absent ballot mailing9-12
precinct.9-13
4. The county clerk shall, at least 14 days before establishing or9-14
designating a precinct as a mailing precinct or absent ballot mailing9-15
precinct or before abolishing a mailing precinct pursuant to this section,9-16
cause notice of such action to be:9-17
(a) Posted in the manner prescribed for a regular meeting of the9-18
board of county commissioners; and9-19
(b) Mailed to each assemblyman, state senator and public officer of a9-20
local government who represents residents of a precinct affected by the9-21
action.9-22
Sec. 14. NRS 293.3568 is hereby amended to read as follows: 293.3568 1. The period for early voting by personal appearance9-24
begins the9-25
election and extends through the9-26
9-27
2. The county clerk may9-28
9-29
for early voting by personal appearance.9-30
9-31
9-32
3. A permanent polling place for early voting must remain open:9-33
(a) On Monday through Friday ,9-34
9-35
9-36
or until 8 p.m. if the county clerk so requires.9-37
(b) On9-38
from 10 a.m. until 6 p.m. or until 8 p.m. if the county clerk so requires.9-39
(c) If the county clerk includes9-40
period for early voting pursuant to subsection 2, during such hours as he9-41
may establish.9-42
Sec. 15. NRS 293.510 is hereby amended to read as follows:10-1
293.510 1. In counties where computers are not used to register10-2
voters, the county clerk shall:10-3
(a) Segregate original applications to register to vote according to the10-4
precinct in which the registered voters reside and arrange the applications10-5
in each precinct or district in alphabetical order. The applications for each10-6
precinct or district must be kept in a separate binder which is marked with10-7
the number of the precinct or district. This binder constitutes the election10-8
board register.10-9
(b) Arrange the duplicate applications of registration in alphabetical10-10
order for the entire county and keep them in binders or a suitable file10-11
which constitutes the registrar of voters’ register.10-12
2. In any county where a computer is used to register voters, the10-13
county clerk shall:10-14
(a) Arrange the original applications to register to vote in alphabetical10-15
order for the entire county and keep them in binders or a suitable file10-16
which constitutes the registrar of voters’ register.10-17
(b) Segregate the applications to register to vote in a computer file10-18
according to the precinct or district in which the registered voters reside,10-19
and for each precinct or district have printed a computer listing which10-20
contains the applications to register to vote in alphabetical order. These10-21
listings of applications to register to vote must be placed in separate10-22
binders which are marked with the number of the precinct or district. These10-23
binders constitute the election board registers.10-24
3. Upon the request of the secretary of state, the county clerk shall10-25
provide the secretary of state access to the registrar of voters’ register and10-26
the election board registers. The secretary of state shall not add to,10-27
modify or remove information from the original copy of a register. To10-28
satisfy the requirement of providing access to the registers, the county10-29
clerk may provide to the secretary of state a copy of the registers in a10-30
form that is convenient to the county clerk.10-31
Sec. 16. NRS 293.518 is hereby amended to read as follows: 293.518 1. At the time an elector registers to vote he must indicate:10-33
(a) His political party affiliation; or10-34
(b) That he is not affiliated with a political party.10-35
An elector who indicates that he is "independent" shall be deemed not10-36
affiliated with a political party.10-37
2. If an elector indicates that he is not affiliated with a political party,10-38
or that he is independent, the county clerk or field registrar of voters shall10-39
list the elector’s political party as10-40
3. If an elector indicates an affiliation with a major political party or a10-41
minor political party that has filed a certificate of existence with the10-42
secretary of state, the county clerk or field registrar of voters shall list the10-43
elector’s political party as indicated by the elector.11-1
4. If an elector indicates an affiliation with a minor political party that11-2
has not filed a certificate of existence with the secretary of state, the county11-3
clerk or field registrar of voters shall:11-4
(a) List the elector’s political party as the party indicated in the11-5
application to register to vote.11-6
(b) When compiling data related to voter registration for the county,11-7
report the elector’s political party as "other party."11-8
Sec. 17. NRS 293.547 is hereby amended to read as follows: 293.547 1. After the11-10
before any election, a written challenge may be filed with the county clerk.11-11
2. A registered voter may file a written challenge if:11-12
(a) He is registered to vote in the same precinct or district as the person11-13
whose right to vote is challenged; or11-14
(b) The challenge is based on the personal knowledge of the registered11-15
voter.11-16
3. The challenge must be signed and verified by the registered voter11-17
and name the person whose right to vote is challenged and the ground of11-18
the challenge.11-19
4. A challenge filed pursuant to this section must not contain the name11-20
of more than one person whose right to vote is challenged. The county11-21
clerk shall not accept for filing any challenge which contains more than11-22
one such name.11-23
5. The county clerk shall11-24
(a) File the challenge in the registrar of voters’ register and:11-25
11-26
computer, he shall attach a copy of the challenge to the challenged11-27
registration in the election board register.11-28
11-29
he shall have the challenge printed on the computer entry for the11-30
challenged registration and add a copy of it to the election board register.11-31
11-32
(b) Within 5 days after a challenge is filed, mail a notice in the manner11-33
set forth in NRS 293.530 to the person whose right to vote has been11-34
challenged pursuant to this section informing him of the challenge. If the11-35
person fails to respond or appear to vote within the required time, the11-36
county clerk shall cancel his registration. A copy of the challenge and11-37
information describing how to reregister properly must accompany the11-38
notice.11-39
(c) Immediately notify the district attorney. A copy of the challenge11-40
must accompany the notice.11-41
6. Upon receipt of a notice pursuant to this section, the district11-42
attorney shall investigate the challenge within 14 days and, if11-43
appropriate, cause proceedings to be instituted and prosecuted in a court12-1
of competent jurisdiction without delay. The court shall give such12-2
proceedings priority over other civil matters that are not expressly given12-3
priority by law. Upon court order, the county clerk shall cancel the12-4
registration of the person whose right to vote has been challenged12-5
pursuant to this section.12-6
Sec. 18. NRS 293B.190 is hereby amended to read as follows: 293B.190 When used in primary elections, the list of offices and12-8
candidates and the statements of measures to be voted on for each12-9
mechanical recording device, except those devices intended solely for12-10
12-11
page or pages setting forth the ballot of one major political party only,12-12
followed by a page or pages setting forth the nonpartisan ballot and so that12-13
the voter may cast his partisan and nonpartisan votes on a single ballot but12-14
may not cast his partisan votes for a candidate of another major political12-15
party.12-16
Sec. 19. NRS 293B.305 is hereby amended to read as follows: 293B.305 Unless a major political party allows12-18
independent voter to vote for its candidates:12-19
1. In a primary election, a member of the election board for a precinct12-20
shall issue each12-21
code and printed designation identifying it as a nonpartisan ballot.12-22
2. If a mechanical voting system is used in a primary election whereby12-23
votes are directly recorded electronically, a member of the election board12-24
shall, in addition to the ballot described in subsection 1, issue the12-25
12-26
identifying it as a nonpartisan ballot.12-27
3. The member of the election board shall:12-28
(a) Direct the12-29
recording device containing a list of offices and candidates setting forth12-30
only the nonpartisan ballot;12-31
(b) Direct the12-32
recording device containing a list of offices and candidates arranged for a12-33
partisan ballot, instruct the voter to vote only the nonpartisan section of the12-34
list and advise the voter that any votes he may cast in the partisan section12-35
will not be counted; or12-36
(c) Issue a nonpartisan ballot attached to a sheet of foam plastic or12-37
similar backing material, a punching instrument, a sample nonpartisan12-38
ballot and an instruction sheet to the12-39
instruct him to punch his ballot by reference to the sample ballot.12-40
Sec. 20. NRS 293B.310 is hereby amended to read as follows: 293B.310 In a primary election, the county clerk may require those12-42
partisan voters in a precinct or district whose political parties each12-43
comprise less than 5 percent of the registered voters for that precinct or13-1
district to vote in the manner prescribed for13-2
voters in NRS 293B.305.14-1
Sec. 21. Chapter 293C of NRS is hereby amended by adding thereto a14-2
new section to read as follows:14-3
The governing body of a city, a city clerk and any other person who14-4
prepares an abstract of votes or other report of votes pursuant to this14-5
chapter shall not include in that abstract or report a person designated as14-6
an inactive voter pursuant to subsection 7 of NRS 293.530 when14-7
determining the percentage of voters who have voted or the total number14-8
of voters.14-9
Sec. 22. NRS 293C.3568 is hereby amended to read as follows: 293C.3568 1. The period for early voting by personal appearance14-11
begins the14-12
or general city election, and extends through the14-13
election day,14-14
2. The city clerk may14-15
14-16
for early voting by personal appearance.14-17
14-18
14-19
3. A permanent polling place for early voting must remain open:14-20
(a) On Monday through Friday ,14-21
14-22
14-23
or until 8 p.m. if the city clerk so requires.14-24
(b) On14-25
from 10 a.m. until 6 p.m. or until 8 p.m. if the county clerk so requires.14-26
(c) If the city clerk includes14-27
for early voting pursuant to subsection 2, during such hours as he may14-28
establish.~