Assembly Bill No. 520–Committee on Elections,
Procedures, and Ethics

March 12, 1999

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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.

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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; revising the procedure by which independent candidates and candidates of minor parties qualify to appear on the ballot for the general election; revising certain provisions governing challenges to the registration of a voter; enacting certain provisions governing the reporting of election results; revising the procedure for consolidating precincts and for designating a precinct to be a mailing precinct; and providing other matters properly relating thereto.

 

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

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

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

1-3 Sec. 2. The secretary of state, a board of county commissioners, a

1-4 county clerk and any other person who prepares an abstract of votes or

1-5 other report of votes pursuant to this chapter shall not include in that

1-6 abstract or report a person designated as an inactive voter pursuant to

1-7 subsection 7 of NRS 293.530 when determining the percentage of voters

1-8 who have voted or the total number of voters.

1-9 Sec. 3. 1. A person who files a written challenge pursuant to NRS

1-10 293.547 or an affidavit pursuant to NRS 293.535 may withdraw the

1-11 challenge or affidavit not later than the 25th day before the date of the

1-12 election, by submitting a written request to the county clerk. Upon receipt

1-13 of the request, the county clerk shall:

1-14 (a) Remove the challenge or affidavit from the registrar of voters’

1-15 register, any election board register and any other record in which the

1-16 challenge or affidavit has been filed or entered;

2-1 (b) If a notice of the challenge or affidavit has been mailed to the

2-2 person who is the subject of the challenge or affidavit, mail a notice and

2-3 a copy of the request to withdraw to that person; and

2-4 (c) If a notice of the challenge has been mailed to the district attorney,

2-5 mail a notice and a copy of the request to withdraw to the district

2-6 attorney.

2-7 2. If the county clerk receives a request to withdraw pursuant to

2-8 subsection 1, the county clerk shall withdraw the person’s challenge or

2-9 affidavit.

2-10 Sec. 4. NRS 293.1715 is hereby amended to read as follows:

2-11 293.1715 1. The names of the candidates of a minor political party

2-12 must not appear on the ballot for a primary election.

2-13 2. The names of the candidates of a minor political party must be

2-14 placed on the ballot for the general election if the party has filed a

2-15 certificate of existence and a list of its candidates pursuant to the provisions

2-16 of NRS 293.1725 with the secretary of state and:

2-17 (a) At the last preceding general election, the minor political party

2-18 polled for any of its candidates a number of votes equal to or more than 1

2-19 percent of the total number of votes cast for the offices of Representative in

2-20 Congress;

2-21 (b) On January 1 preceding a primary election, the minor political party

2-22 has been designated as the political party on the applications to register to

2-23 vote of at least 1 percent of the total number of registered voters in the

2-24 state; or

2-25 (c) Not later than the second Friday in August preceding the general

2-26 election, files a petition with the secretary of state which is signed by a

2-27 number of registered voters equal to at least 1 percent of the total number

2-28 of votes cast at the last preceding general election for the offices of

2-29 Representative in Congress.

2-30 3. The name of a candidate for a minor political party other than a

2-31 candidate for the office of President or Vice President of the United

2-32 States must be placed on the ballot for the general election if the party

2-33 has filed:

2-34 (a) A certificate of existence;

2-35 (b) A list of candidates containing the name of the candidate pursuant

2-36 to the provisions of NRS 293.1725 with the secretary of state; and

2-37 (c) Not earlier than the first Monday in May preceding the general

2-38 election and not later than 5 p.m. on the third Monday in May, a petition

2-39 on behalf of the candidate with the secretary of state containing not less

2-40 than:

2-41 (1) Two hundred signatures of registered voters if the candidate is

2-42 to be nominated for a statewide office; or

3-1 (2) Twenty-five signatures of registered voters if the candidate is to

3-2 be nominated for any office except a statewide office.

3-3 A minor political party that places names of one or more candidates on

3-4 the ballot pursuant to this subsection may also place the names of one or

3-5 more candidates on the ballot pursuant to subsection 2.

3-6 4. The name of only one candidate of each minor political party for

3-7 each office may appear on the ballot for a general election.

3-8 [4.] 5. A minor political party must file a copy of the petition required

3-9 by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the

3-10 secretary of state before the petition may be circulated for signatures.

3-11 Sec. 5. NRS 293.172 is hereby amended to read as follows:

3-12 293.172 1. A petition filed pursuant to [paragraph (c) of] subsection

3-13 2 or 3 of NRS 293.1715 may consist of more than one document. Each

3-14 document of the petition must:

3-15 (a) Bear the name of the [county in which it was circulated;] minor

3-16 political party and, if applicable, the candidate and office to which the

3-17 candidate is to be nominated.

3-18 (b) Include the affidavit of the person who circulated the document

3-19 verifying that the signers are registered voters in the state according to his

3-20 best information and belief and that the signatures are genuine and were

3-21 signed in his presence . [; and

3-22 (c) Be submitted to]

3-23 (c) Bear the name of a county and be verified by the county clerk [in

3-24 the county in which it is circulated for verification] of that county in the

3-25 manner prescribed in NRS 293.1276 to 293.1279, inclusive, [not later than

3-26 40 days before the third Tuesday in August.] before the petition is filed

3-27 with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715.

3-28 A challenge to the form of a [petition filed pursuant to paragraph (c) of

3-29 subsection 2 of NRS 293.1715] document must be made in a district court

3-30 in the county [in which the petition was circulated.

3-31 2. A document which bears the name of a county may be] that is

3-32 named on the document.

3-33 (d) Be signed only by registered voters of [that county.] the county that

3-34 is named on the document.

3-35 2. If the office to which the candidate is to be nominated is a county

3-36 office, only the registered voters of that county may sign the petition. If

3-37 the office to which the candidate is to be nominated is a district office,

3-38 only the registered voters of that district may sign the petition.

3-39 3. Each person who signs a [document] petition shall also provide the

3-40 address of the place where he resides, the date that he signs and the name of

3-41 the county in which he is registered to vote.

4-1 4. The county clerk shall not disqualify the signature of a voter who

4-2 failed to provide all of the information required by [this section] subsection

4-3 3 if the voter is registered in the county that is named on the document.

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

4-5 293.1725 1. Except as otherwise provided in subsection 4, a minor

4-6 political party [which] that wishes to place its candidates on the ballot for a

4-7 general election and:

4-8 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of

4-9 NRS 293.1715; [or]

4-10 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS

4-11 293.1715 [,] ; or

4-12 (c) Whose candidates are entitled to appear on the ballot pursuant to

4-13 subsection 3 of NRS 293.1715,

4-14 must file with the secretary of state a list of its candidates not earlier than

4-15 the first Monday in May preceding the election nor later than 5 p.m. on the

4-16 [last Friday in June.] third Monday in May. The list must be signed by the

4-17 person so authorized in the certificate of existence of the minor political

4-18 party before a notary public or other person authorized to take

4-19 acknowledgments. The secretary of state shall strike from the list each

4-20 candidate who is not entitled to appear on the ballot pursuant to

4-21 subsection 3 of NRS 293.1715 if the minor political party is not entitled

4-22 to place candidates on the ballot pursuant to subsection 2 of NRS

4-23 293.1715. The list must not be amended after it is filed.

4-24 2. The secretary of state shall immediately forward a certified copy of

4-25 the list of candidates of each minor political party to the filing officer with

4-26 whom each candidate must file his declaration of candidacy.

4-27 3. Each candidate on the list must file his declaration of candidacy with

4-28 the proper filing officer and pay the fee required by NRS 293.193 not

4-29 earlier than the date on which the list of candidates of his minor political

4-30 party is filed with the secretary of state nor later than 5 p.m. on the [first

4-31 Wednesday in July.] third Monday in May.

4-32 4. A minor political party that wishes to place candidates for the offices

4-33 of President and Vice President of the United States on the ballot and has

4-34 [otherwise] qualified to place the names of its candidates on the ballot for

4-35 the general election pursuant to [the provisions of this chapter] subsection

4-36 2 of NRS 293.1715 must file with the secretary of state a certificate of

4-37 nomination for these offices not later than the first Tuesday in September.

4-38 Sec. 7. NRS 293.174 is hereby amended to read as follows:

4-39 293.174 1. If the qualification of a minor political party is

4-40 challenged, all affidavits and documents in support of the challenge must be

4-41 filed not later than 5 p.m. on the [3rd] third Friday in August. Any judicial

4-42 proceeding resulting from the challenge must be set for hearing not more

4-43 than 5 days after the [3rd] third Friday in August.

5-1 [2. Any such] A challenge pursuant to this subsection must be filed

5-2 with the first judicial district court if the petition was filed with the

5-3 secretary of state.

5-4 2. If the qualification of a candidate of a minor political party other

5-5 than a candidate for the office of President or Vice President of the

5-6 United States is challenged, all affidavits and documents in support of

5-7 the challenge must be filed not later than 5 p.m. on the fourth Monday in

5-8 May. Any judicial proceeding resulting from the challenge must be set

5-9 for hearing not more than 5 days after the fourth Monday in May. A

5-10 challenge pursuant to this subsection must be filed with:

5-11 (a) The first judicial district court; or

5-12 (b) If a candidate who filed a declaration of candidacy with a county

5-13 clerk is challenged, the district court for the county where the declaration

5-14 of candidacy was filed.

5-15 Sec. 8. NRS 293.175 is hereby amended to read as follows:

5-16 293.175 1. The primary election must be held on the first Tuesday of

5-17 September in each even-numbered year.

5-18 2. Candidates of a major political party and candidates for nonpartisan

5-19 offices must be nominated at the primary election.

5-20 3. Candidates of a minor political party must be nominated in the

5-21 manner prescribed pursuant to NRS 293.171 [.] to 293.174, inclusive.

5-22 4. Independent candidates for partisan office must be nominated in the

5-23 manner provided in NRS 293.200.

5-24 5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply

5-25 to:

5-26 (a) Special elections to fill vacancies.

5-27 (b) The nomination of the officers of incorporated cities.

5-28 (c) The nomination of district officers whose nomination is otherwise

5-29 provided for by statute.

5-30 Sec. 9. NRS 293.200 is hereby amended to read as follows:

5-31 293.200 1. An independent candidate for partisan office must file

5-32 with the proper filing officer:

5-33 (a) A copy of the petition of candidacy that he intends to circulate for

5-34 signatures. The copy must be filed before the petition may be circulated.

5-35 (b) Either of the following:

5-36 (1) A petition of candidacy signed by a number of registered voters

5-37 equal to at least 1 percent of the total number of ballots cast in the state or

5-38 in the county or district electing that officer at the last preceding general

5-39 election in which a person was elected to that office.

5-40 (2) A petition of candidacy signed by 200 registered voters if the

5-41 candidate is a candidate for statewide office, or signed by 25 registered

5-42 voters if the candidate is a candidate for any office other than a statewide

5-43 office.

6-1 2. The petition may consist of more than one document. Each

6-2 document must bear the name of the county in which it was circulated and

6-3 only registered voters of that county may sign the document. The person

6-4 who circulates the document must be a registered voter of that county. If

6-5 the office is a district office, only the registered voters of that district may

6-6 sign the document. The documents [which] that are circulated for signature

6-7 in a county must be [submitted to] verified by that county clerk [for

6-8 verification] in the manner prescribed in NRS 293.1276 to 293.1279,

6-9 inclusive, [not later than 40 days before filing the petition of candidacy

6-10 with the proper filing officer.] before the petition is filed pursuant to

6-11 subsection 4. Each signer shall add to his signature the address of the place

6-12 at which he actually resides, the date that he signs the petition and the name

6-13 of the county where he is registered to vote for the purpose of determining

6-14 whether he is a registered voter. The person who circulates each document

6-15 of the petition shall sign an affidavit attesting that the signatures on the

6-16 document are genuine to the best of his knowledge and belief and were

6-17 signed in his presence by persons registered to vote in that county.

6-18 3. The petition of candidacy may state the principle, if any, which the

6-19 person qualified represents.

6-20 4. Petitions of candidacy must be filed not earlier than the first Monday

6-21 in May preceding the general election and not later than 5 p.m. on the third

6-22 [Tuesday in August.] Monday in May.

6-23 5. No petition of candidacy may contain the name of more than one

6-24 candidate for each office to be filled.

6-25 6. A person may not file as an independent candidate if he is proposing

6-26 to run as the candidate of a political party.

6-27 7. The names of independent candidates must be placed on the general

6-28 election ballot and must not appear on the primary election ballot.

6-29 8. If the candidacy of any person seeking to qualify pursuant to this

6-30 section is challenged, all affidavits and documents in support of the

6-31 challenge must be filed not later than 5 p.m. on the fourth [Tuesday in

6-32 August.] Monday in May. Any judicial proceeding resulting from the

6-33 challenge must be set for hearing not more than 5 days after the fourth

6-34 [Tuesday in August.] Monday in May.

6-35 9. Any challenge pursuant to subsection 8 must be filed with:

6-36 (a) The first judicial district court if the petition of candidacy was filed

6-37 with the secretary of state.

6-38 (b) The district court for the county where the petition of candidacy was

6-39 filed if the petition was filed with a county clerk.

6-40 10. An independent candidate for partisan office must file a declaration

6-41 of candidacy with the proper filing officer and pay the fee required by NRS

6-42 293.193 not earlier than the first Monday in May of the year in which the

7-1 election is held nor later than 5 p.m. [of the first Wednesday in July.] on

7-2 the third Monday in May.

7-3 Sec. 10. NRS 293.207 is hereby amended to read as follows:

7-4 293.207 1. Election precincts must be established on the basis of the

7-5 number of registered voters therein, with a maximum of 600 registered

7-6 voters per precinct in those precincts in which paper ballots are used, or a

7-7 maximum of 1,500 registered voters who are not designated inactive

7-8 pursuant to NRS 293.530 per precinct in those precincts in which a

7-9 mechanical voting system is used.

7-10 2. [The] Except as otherwise provided in subsections 3 and 4, the

7-11 county clerk may consolidate two or more contiguous election precincts

7-12 into a single voting district to conduct a particular election as public

7-13 convenience, necessity and economy may require.

7-14 3. If a county clerk proposes to consolidate two or more contiguous

7-15 election precincts, in whole or in part, pursuant to subsection 2, the

7-16 county clerk shall, at least 14 days before consolidating the precincts,

7-17 cause notice of the proposed consolidation to be:

7-18 (a) Posted in the manner prescribed for a regular meeting of the

7-19 board of county commissioners; and

7-20 (b) Mailed to each assemblyman, state senator, county commissioner

7-21 and, if applicable, member of the governing body of a city who represents

7-22 residents of a precinct affected by the consolidation.

7-23 4. A person may file a written objection to the proposed consolidation

7-24 with the county clerk. The county clerk shall consider each written

7-25 objection filed pursuant to this subsection before consolidating the

7-26 precincts.

7-27 Sec. 11. NRS 293.213 is hereby amended to read as follows:

7-28 293.213 1. Whenever there were not more than 20 voters registered

7-29 in a precinct for the last preceding general election, the county clerk may

7-30 establish [such] that precinct as a mailing precinct, and shall forthwith mail

7-31 notification to the field registrar for [such] that precinct.

7-32 2. Except as otherwise provided [by] in NRS 293.208, the county clerk

7-33 in any county where an absent ballot central counting board is appointed

7-34 may abolish two or more existing mailing precincts and combine those

7-35 mailing precincts into absent ballot precincts . [and those] Those mailing

7-36 precincts must be designated absent ballot mailing precincts.

7-37 3. In any county where an absent ballot central counting board is

7-38 appointed, any established precinct which had less than 200 ballots cast at

7-39 the last preceding general election, or any newly established precinct with

7-40 less than 200 registered voters, may be designated an absent ballot mailing

7-41 precinct.

7-42 4. The county clerk shall, at least 14 days before establishing or

7-43 designating a precinct as a mailing precinct or absent ballot mailing

8-1 precinct or before abolishing a mailing precinct pursuant to this section,

8-2 cause notice of such action to be:

8-3 (a) Posted in the manner prescribed for a regular meeting of the

8-4 board of county commissioners; and

8-5 (b) Mailed to each assemblyman, state senator, county commissioner

8-6 and, if applicable, member of the governing body of a city who represents

8-7 residents of a precinct affected by the action.

8-8 Sec. 12. NRS 293.547 is hereby amended to read as follows:

8-9 293.547 1. After the 30th day but not later than the [15th] 25th day

8-10 before any election, a written challenge may be filed with the county clerk.

8-11 2. A registered voter may file a written challenge if:

8-12 (a) He is registered to vote in the same precinct or district as the person

8-13 whose right to vote is challenged; or

8-14 (b) The challenge is based on the personal knowledge of the registered

8-15 voter.

8-16 3. The challenge must be signed and verified by the registered voter

8-17 and name the person whose right to vote is challenged and the ground of

8-18 the challenge.

8-19 4. A challenge filed pursuant to this section must not contain the name

8-20 of more than one person whose right to vote is challenged. The county

8-21 clerk shall not accept for filing any challenge which contains more than one

8-22 such name.

8-23 5. The county clerk shall [file] :

8-24 (a) File the challenge in the registrar of voters’ register and:

8-25 [(a)] (1) In counties where records of registration are not kept by

8-26 computer, he shall attach a copy of the challenge to the challenged

8-27 registration in the election board register.

8-28 [(b)] (2) In counties where records of registration are kept by computer,

8-29 he shall have the challenge printed on the computer entry for the challenged

8-30 registration and add a copy of it to the election board register.

8-31 [6. The county clerk shall, within]

8-32 (b) Within 5 days after a challenge is filed, mail a notice in the manner

8-33 set forth in NRS 293.530 to the person whose right to vote has been

8-34 challenged pursuant to this section informing him of the challenge. If the

8-35 person fails to respond or appear to vote within the required time, the

8-36 county clerk shall cancel his registration. A copy of the challenge and

8-37 information describing how to reregister properly must accompany the

8-38 notice.

8-39 (c) Immediately notify the district attorney. A copy of the challenge

8-40 must accompany the notice.

8-41 6. Upon receipt of a notice pursuant to this section, the district

8-42 attorney shall investigate the challenge within 14 days and, if

8-43 appropriate, cause proceedings to be instituted and prosecuted in a court

9-1 of competent jurisdiction without delay. The court shall give such

9-2 proceedings priority over other civil matters that are not expressly given

9-3 priority by law. Upon court order, the county clerk shall cancel the

9-4 registration of the person whose right to vote has been challenged

9-5 pursuant to this section.

9-6 Sec. 13. Chapter 293C of NRS is hereby amended by adding thereto a

9-7 new section to read as follows:

9-8 The governing body of a city, a city clerk and any other person who

9-9 prepares an abstract of votes or other report of votes pursuant to this

9-10 chapter shall not include in that abstract or report a person designated as

9-11 an inactive voter pursuant to subsection 7 of NRS 293.530 when

9-12 determining the percentage of voters who have voted or the total number

9-13 of voters.

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