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 and 3 of this act.

1-3 Sec. 2. 1. A registered voter who, because of a physical disability,

1-4 is unable to mark or sign a ballot or use a voting device without

1-5 assistance may submit a written statement to the appropriate county clerk

1-6 requesting that he receive an absent ballot for each primary election and

1-7 general election conducted during the period specified in subsection 3.

1-8 2. A written statement submitted pursuant to subsection 1 must:

1-9 (a) Include a statement from a physician licensed in this state

1-10 certifying that the registered voter is a person with a physical disability

1-11 and, because of the physical disability, he is unable to mark or sign a

1-12 ballot or use a voting device without assistance;

2-1 (b) Designate the person who will assist the registered voter in

2-2 marking and signing the absent ballot on behalf of the registered voter;

2-3 and

2-4 (c) Include the name, address and signature of the person designated

2-5 pursuant to paragraph (b).

2-6 3. Upon receipt of a written statement submitted by a registered voter

2-7 pursuant to subsection 1, the county clerk shall, if the statement includes

2-8 the information required pursuant to subsection 2, issue an absent ballot

2-9 to the registered voter for each primary and general election that is

2-10 conducted within 2 years after the date the written statement is submitted

2-11 to the county clerk.

2-12 4. To determine whether a registered voter is entitled to receive an

2-13 absent ballot pursuant to this section, the county clerk may, every second

2-14 year after an absent ballot is issued to a registered voter pursuant to

2-15 subsection 3, require the registered voter to submit a statement from a

2-16 licensed physician as specified in paragraph (a) of subsection 2. If a

2-17 statement from a physician licensed in this state submitted pursuant to

2-18 this subsection indicates that the registered voter is no longer physically

2-19 disabled, the county clerk shall not issue an absent ballot to the

2-20 registered voter pursuant to this section.

2-21 5. A person designated pursuant to paragraph (b) of subsection 2

2-22 may, on behalf of and at the direction of the registered voter, mark and

2-23 sign an absent ballot issued to the registered voter pursuant to the

2-24 provisions of this section. If the person marks and signs the ballot, the

2-25 person shall indicate next to his signature that the ballot has been

2-26 marked and signed on behalf of the registered voter.

2-27 6. The procedure authorized pursuant to this section is subject to all

2-28 other provisions of this chapter relating to voting by absent ballot to the

2-29 extent that those provisions are not inconsistent with the provisions of

2-30 this section.

2-31 Sec. 3. 1. A person who, during the 6 months immediately

2-32 preceding an election, mails to more than a total of 500 registered voters

2-33 a form to request an absent ballot for the election shall:

2-34 (a) Mail the form prescribed by the secretary of state;

2-35 (b) Not later than 14 days before mailing such a form, notify the

2-36 county clerk of each county to which a form will be mailed of the number

2-37 of forms to be mailed to voters in the county and the date of the mailing

2-38 of the forms; and

2-39 (c) Not mail such a form later than 21 days before the election.

2-40 2. A person who violates this section is guilty of a category E felony

2-41 and shall be punished as provided in NRS 193.130.

3-1 Sec. 4. NRS 293.1276 is hereby amended to read as follows:

3-2 293.1276 1. Within 4 days excluding Saturdays, Sundays and

3-17 office until it is filed with the secretary of state.

3-18 Sec. 5. NRS 293.1277 is hereby amended to read as follows:

3-19 293.1277 1. If the secretary of state finds that the total number of

3-43 certificate properly dated, showing the result of his examination and

4-1 transmit the documents with the certificate to the secretary of state. A copy

4-2 of this certificate must be filed in the clerk’s office.

4-3 5. A person who submits a petition to the county clerk which is

4-4 required to be verified pursuant to NRS 293.128, 293.165, 293.172,

4-5 293.200, 295.056, 298.109 , [or] 306.035 or 306.110 must be allowed to

4-6 witness the verification of the signatures. A public officer who is the

4-7 subject of a recall petition must also be allowed to witness the verification

4-8 of the signatures on the petition.

4-9 6. For any petition containing signatures which are required to be

4-10 verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035

4-11 or 306.110 for any county, district or municipal office within one county,

4-12 the county clerk shall not transmit to the secretary of state the documents

4-13 containing the signatures of the registered voters.

4-14 7. The secretary of state may by regulation establish further

4-15 procedures for carrying out the provisions of this section.

4-16 Sec. 6. NRS 293.1279 is hereby amended to read as follows:

4-17 293.1279 1. If the statistical sampling shows that the number of valid

4-43 examination, the county clerk shall immediately attach to the documents of

5-1 the petition an amended certificate properly dated, showing the result of

5-2 the examination and shall immediately forward the documents with the

5-3 amended certificate to the secretary of state. A copy of the amended

5-4 certificate must be filed in the county clerk’s office.

5-5 5. For any petition containing signatures which are required to be

5-6 verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035

5-7 or 306.110 for any county, district or municipal office within one county,

5-8 the county clerk shall not forward to the secretary of state the documents

5-9 containing the signatures of the registered voters.

5-10 6. Except for a petition to recall a county, district or municipal officer,

5-11 the petition shall be deemed filed with the secretary of state as of the date

5-12 on which he receives certificates from the county clerks showing the

5-13 petition to be signed by the requisite number of voters of the state.

5-14 7. If the amended certificates received from all county clerks by the

5-15 secretary of state establish that the petition is still insufficient, he shall

5-16 immediately so notify the petitioners and the county clerks. If the petition

5-17 is a petition to recall a county, district or municipal officer, the secretary of

5-18 state shall also notify the officer with whom the petition is to be filed.

5-19 Sec. 7. NRS 293.165 is hereby amended to read as follows:

5-20 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy

5-42 primary election.

6-1 3. A vacancy occurring in a nonpartisan nomination on or after [a

6-2 primary election] the fourth Tuesday in August and before the second

6-3 Tuesday in September must be filled by the person who [received] receives

6-4 the next highest vote for the nomination in the primary.

6-5 4. [Except to place a candidate nominated pursuant to subsection 2 on

6-6 the ballot, no] No change may be made on the ballot after the second

6-7 Tuesday in September of the year in which the general election is held. If a

6-8 nominee dies after that date, his name must remain on the ballot and, if

6-9 elected, a vacancy exists.

6-10 5. All designations provided for in this section must be filed before 5

6-11 p.m. on the second Tuesday in September. In each case, the statutory filing

6-12 fee must be paid and an acceptance of the designation must be filed before

6-13 5 p.m. on that date.

6-14 Sec. 8. NRS 293.166 is hereby amended to read as follows:

6-15 293.166 1. A vacancy occurring in a party nomination for the office

6-43 September, and the statutory filing fee must be paid with the designation.

7-1 Sec. 9. NRS 293.1755 is hereby amended to read as follows:

7-2 293.1755 1. In addition to any other requirement provided by law,

7-3 no person may be a candidate for any office unless, for at least [30 days

7-4 before] the 90 days immediately preceding the date of the close of filing

7-5 of declarations of candidacy or acceptances of candidacy for the office

7-6 which he seeks, he has [been a legal resident of] , in accordance with NRS

7-7 281.050, actually, as opposed to constructively, resided in the state,

7-8 district, county, township or other area prescribed by law to which the

7-9 office pertains and, if elected, over which he will have jurisdiction or

7-10 which he will represent.

7-11 2. Any person who knowingly and willfully files an acceptance of

7-12 candidacy or declaration of candidacy which contains a false statement in

7-13 this respect is guilty of a gross misdemeanor.

7-14 3. Any person convicted pursuant to the provisions of this section is

7-15 disqualified from entering upon the duties of the office for which he was a

7-16 candidate.

7-17 4. The provisions of this section do not apply to candidates for the

7-18 office of district attorney.

7-19 Sec. 10. NRS 293.177 is hereby amended to read as follows:

7-20 293.177 1. Except as otherwise provided in NRS 293.165, a name

7-39 city or other area prescribed by law to which the office pertains began on a

8-1 date [30 days or more before] at least 90 days immediately preceding the

8-2 date of the close of filing of declarations of candidacy for this office; that I

8-3 am registered as a member of the ................ Party; that I have not, in

8-4 violation of the provisions of NRS 293.176, changed the designation of my

8-5 political party or political party affiliation on an official application to

8-6 register to vote in any state since September 1 before the closing filing date

8-7 for this election; that I generally believe in and intend to support the

8-8 concepts found in the principles and policies of that political party in the

8-9 coming election; that if nominated as a candidate of the ................ Party at

8-10 the ensuing election I will accept that nomination and not withdraw; that I

8-11 will not knowingly violate any election law or any law defining and

8-12 prohibiting corrupt and fraudulent practices in campaigns and elections in

8-13 this state; that I will qualify for the office if elected thereto, including, but

8-14 not limited to, complying with any limitation prescribed by the constitution

8-15 and laws of this state concerning the number of years or terms for which a

8-16 person may hold the office; and that I understand that my name will appear

8-17 on all ballots as designated in this declaration.

8-18

8-19 (Designation of name)

8-20

8-21 (Signature of candidate for

8-22 office)

8-23 Subscribed and sworn to before

8-24 me this ..... day of ........, 19...

8-25

8-26 Notary Public or other person

8-27 authorized to administer an oath

8-28 (b) For nonpartisan office:

8-29 Declaration of Candidacy of ........ for the

8-30 Office of ................

8-31 State of Nevada

8-32 County of

8-33 For the purpose of having my name placed on the official ballot as a

8-34 candidate for the office of ................, I, the undersigned ................, do

8-35 swear or affirm under penalty of perjury that I actually, as opposed to

9-1 constructively, reside at ………, in the City or Town of ……., County of

………, State of Nevada; that my actual , as opposed to constructive,

9-2 residence in the state, district, county, township, city or other area

9-3 prescribed by law to which the office pertains began on a date [30 days or

9-4 more before] at least 90 days immediately preceding the date of the close

9-5 of filing of declarations of candidacy for this office; that if nominated as a

9-6 nonpartisan candidate at the ensuing election I will accept the nomination

9-7 and not withdraw; that I will not knowingly violate any election law or any

9-8 law defining and prohibiting corrupt and fraudulent practices in campaigns

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

9-10 thereto, including, but not limited to, complying with any limitation

9-11 prescribed by the constitution and laws of this state concerning the number

9-12 of years or terms for which a person may hold the office; and my name

9-13 will appear on all ballots as designated in this declaration.

9-14

9-15 (Designation of name)

9-16

9-17 (Signature of candidate for

9-18 office)

9-19 Subscribed and sworn to before

9-20 me this ..... day of ........, 19...

9-21

9-22 Notary Public or other person

9-23 authorized to administer an oath

9-24 3. A person may be a candidate under his given name and surname, a

9-25 contraction or familiar form of his given name followed by his surname or

9-26 the initial of his given name followed by his surname. A nickname of not

9-27 more than 10 letters may be incorporated into a candidate’s name. The

9-28 nickname must be in quotation marks and appear immediately before the

9-29 candidate’s surname. A nickname must not indicate any political,

9-30 economic, social or religious view or affiliation and must not be the name

9-31 of any person, living or dead, whose reputation is known on a statewide,

9-32 nationwide or worldwide basis, or in any other manner deceive a voter

9-33 regarding the person or principles for which he is voting.

9-34 4. The address of a candidate which must be included in the

9-35 declaration of candidacy or acceptance of candidacy pursuant to subsection

9-36 2 must be the street address of the residence where he actually , as opposed

9-37 to constructively, resides [,] in accordance with NRS 281.050, if one has

9-38 been assigned. The declaration or acceptance of candidacy must not be

10-1 accepted for filing if the candidate’s address is listed as a post office box

10-2 unless a street address has not been assigned to his residence.

10-3 Sec. 11. NRS 293.181 is hereby amended to read as follows:

10-4 293.181 1. A candidate for the office of state senator or

10-38 has not been assigned to the residence.

10-39 Sec. 12. NRS 293.200 is hereby amended to read as follows:

11-1 293.200 1. An independent candidate for partisan office must file

11-2 with the proper filing officer:

11-3 (a) A copy of the petition of candidacy that he intends to circulate for

11-4 signatures. The copy must be filed before the petition may be circulated.

11-5 (b) [A] If the office is a statewide office, a petition of candidacy signed

11-6 by a number of registered voters equal to at least 1 percent of the total

11-7 number of ballots cast in the state [or in the county or district electing that

11-8 officer] for that office at the last preceding general election in which a

11-9 person was elected to that office.

11-10 (c) If the office is a county office, a petition of candidacy signed by a

11-11 number of registered voters equal to at least 1 percent of the total number

11-12 of ballots cast in the county for that office at the last preceding general

11-13 election in which a person was elected to that office.

11-14 (d) If the office is a district office, a petition of candidacy signed by a

11-15 number of registered voters equal to at least 1 percent of the total number

11-16 of ballots cast in the district for that office at the last preceding general

11-17 election in which a person was elected to that office.

11-18 2. The petition may consist of more than one document. Each

11-19 document must bear the name of the county in which it was circulated and

11-20 only registered voters of that county may sign the document. The person

11-21 who circulates the document must be a registered voter of that county. If

11-22 the office is a district office, only the registered voters of that district may

11-23 sign the document. The documents which are circulated for signature in a

11-24 county must be submitted to that county clerk for verification in the

11-25 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than

11-26 40 days before filing the petition of candidacy with the proper filing

11-27 officer. Each signer shall add to his signature the address of the place at

11-28 which he actually resides, the date that he signs the petition and the name

11-29 of the county where he is registered to vote for the purpose of determining

11-30 whether he is a registered voter. The person who circulates each document

11-31 of the petition shall sign an affidavit attesting that the signatures on the

11-32 document are genuine to the best of his knowledge and belief and were

11-33 signed in his presence by persons registered to vote in that county.

11-34 3. The petition of candidacy may state the principle, if any, which the

11-35 person qualified represents.

11-36 4. Petitions of candidacy must be filed not earlier than the first

11-37 Monday in May preceding the general election and not later than 5 p.m. on

11-38 the third Tuesday in August.

11-39 5. No petition of candidacy may contain the name of more than one

11-40 candidate for each office to be filled.

11-41 6. A person may not file as an independent candidate if he is

11-42 proposing to run as the candidate of a political party.

12-1 7. The names of independent candidates must be placed on the general

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

12-3 8. If the candidacy of any person seeking to qualify pursuant to this

12-4 section is challenged, all affidavits and documents in support of the

12-5 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

12-6 August. Any judicial proceeding resulting from the challenge must be set

12-7 for hearing not more than 5 days after the fourth Tuesday in August.

12-8 9. Any challenge pursuant to subsection 8 must be filed with:

12-9 (a) The first judicial district court if the petition of candidacy was filed

12-10 with the secretary of state.

12-11 (b) The district court for the county where the petition of candidacy was

12-12 filed if the petition was filed with a county clerk.

12-13 10. An independent candidate for partisan office must file a

12-14 declaration of candidacy with the proper filing officer and pay the fee

12-15 required by NRS 293.193 not earlier than the first Monday in May of the

12-16 year in which the election is held nor later than 5 p.m. of the first

12-17 Wednesday in July.

12-18 Sec. 13. NRS 293.272 is hereby amended to read as follows:

12-19 293.272 1. Except as otherwise provided in subsection 2, a person

12-32 (d) Requests an absent ballot in person at the office of the county clerk.

12-33 Sec. 14. NRS 293.296 is hereby amended to read as follows:

12-34 293.296 1. Any registered voter who by reason of a physical

12-42 respect to the casting of that ballot.

13-1 3. The right to assistance in casting a ballot may not be denied or

13-2 impaired when the need for assistance is apparent or is known to the

13-3 election board or any member thereof, but the election board may require a

13-4 registered voter to sign a statement that he requires assistance in casting his

13-5 vote by reason of a physical disability or an inability to read or write

13-6 English when the need for assistance is not apparent or no member of the

13-7 election board has knowledge thereof. The statement must be executed

13-8 under penalty of perjury.

13-9 4. In addition to complying with the requirements of this section, the

13-10 county clerk and election board officer shall, upon the request of a

13-11 registered voter with a physical disability, make reasonable

13-12 accommodations to allow the voter to vote at his polling place.

13-13 Sec. 15. NRS 293.309 is hereby amended to read as follows:

13-14 293.309 1. The county clerk of each county shall prepare an absent

13-26 pursuant to subsection 2 is moot and of no effect.

13-27 Sec. 16. NRS 293.316 is hereby amended to read as follows:

13-28 293.316 1. Any registered voter who is unable to go to the polls

13-29 [because] :

13-30 (a) Because of an illness or disability resulting in his confinement in a

13-31 hospital, sanatorium, dwelling or nursing home [may request in a written

13-32 statement, signed by him, that the county clerk send him an absent ballot.

13-33 The clerk shall deliver the ballot, at the office of the county clerk, to any

13-34 authorized representative of the voter possessing a written statement signed

13-35 by the voter stating that he is confined to a dwelling or is a patient in a

13-36 hospital, sanatorium or nursing home, and that he will be confined therein

13-37 on election day. If any registered voter is] ; or

13-38 (b) Because he is suddenly hospitalized , [or] becomes seriously ill or is

13-39 called away from home after the time has elapsed for requesting an absent

13-40 ballot as provided in NRS 293.315, [and is unable to vote at the polling

13-41 place, he may apply]

14-1 may submit a written request to the county clerk for an absent ballot . The

14-2 request may be submitted at any time before 5 p.m. on the day of the

14-3 election. [The]

14-4 2. If the county clerk determines that a request submitted pursuant to

14-5 subsection 1 includes the information required pursuant to subsection 3,

14-6 the county clerk shall [issue] , at the office of the county clerk, deliver an

14-7 absent ballot [upon satisfactory proof of the emergency.

14-8 2. After] to the person designated in the request to obtain the ballot

14-9 for the registered voter.

14-10 3. A written request submitted pursuant to subsection 1 must include:

14-11 (a) The name, address and signature of the registered voter requesting

14-12 the absent ballot;

14-13 (b) The name, address and signature of the person designated by the

14-14 registered voter to obtain, deliver and return the ballot for the registered

14-15 voter;

14-16 (c) A brief statement of the illness or disability of the registered voter

14-17 or of facts sufficient to establish that the registered voter was called away

14-18 from home after the time had elapsed for requesting an absent ballot;

14-19 (d) If the voter is confined in a hospital, sanatorium, dwelling or

14-20 nursing home, a statement that he will be confined therein on the day of

14-21 the election; and

14-22 (e) Unless the person designated pursuant to paragraph (b) will mark

14-23 and sign an absent ballot on behalf of the registered voter pursuant to

14-24 subsection 5, a statement signed under penalty of perjury that only the

14-25 registered voter will mark and sign the ballot.

14-26 4. Except as otherwise provided in subsection 5, after marking his

14-27 ballot the voter must [place] :

14-28 (a) Place it in the identification envelope [. He must affix] ;

14-29 (b) Affix his signature on the back of the envelope ; and [return]

14-30 (c) Return it to the office of the county clerk.

14-31 [3.] 5. A person designated in a request submitted pursuant to

14-32 subsection 1 may, on behalf of and at the direction of the registered

14-33 voter, mark and sign the absent ballot. If the person marks and signs the

14-34 ballot, the person shall indicate next to his signature that the ballot has

14-35 been marked and signed on behalf of the registered voter.

14-36 6. A request for [a] an absent ballot submitted pursuant to this section

14-37 must be made, and the ballot delivered to the voter and returned to the

14-38 county clerk, not later than the time the polls close on election day.

14-39 [4.] 7. The procedure authorized by this section is subject to all other

14-40 provisions of this chapter relating to voting by absent ballot [voting insofar

14-41 as] to the extent that those provisions are not inconsistent with the

14-42 provisions of this section.

14-43 Sec. 17. NRS 293.330 is hereby amended to read as follows:

15-1 293.330 1. When an absent voter receives his ballot, he must mark

15-2 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

15-3 punching a card, in accordance with the instructions, deposit it in the return

15-4 envelope, seal the envelope, affix his signature on the back of the envelope

15-5 in the space provided therefor and mail the return envelope.

15-6 2. If the absent voter who has received a ballot by mail applies to vote

15-7 the ballot in person at:

15-8 (a) The county clerk’s office, he must mark or punch the ballot, seal it

15-9 in the return envelope and affix his signature in the same manner as

15-10 provided in subsection 1, and deliver the envelope to the clerk.

15-11 (b) A polling place, he must surrender the absent ballot and provide

15-12 satisfactory identification before being issued a ballot to vote at the polling

15-13 place. A person who receives a surrendered absent ballot shall mark it

15-14 "Canceled."

15-15 3. Except as otherwise provided in NRS 293.316, it is unlawful for any

15-16 person to return an absent ballot other than the voter who requested [an]

15-17 the absent ballot [to return it.] or, at the request of the voter, a member of

15-18 his family. A person who returns an absent ballot and who is a member

15-19 of the family of the voter who requested the absent ballot shall, under

15-20 penalty of perjury, indicate on a form prescribed by the county clerk that

15-21 he is a member of the family of the voter who requested the absent ballot

15-22 and that the voter requested that he return the absent ballot. A person

15-23 who violates the provisions of this subsection is guilty of a category E

15-24 felony and shall be punished as provided in NRS 193.130.

15-25 Sec. 18. NRS 293.359 is hereby amended to read as follows:

15-26 293.359 [1.] The ballot box for early voting in which voted ballots

15-38 until it is delivered to the ballot board for early voting.]

15-39 Sec. 19. NRS 293.3602 is hereby amended to read as follows:

15-40 293.3602 If paper ballots or ballots which are voted by punching a

15-43 be delivered by an election board officer to the county clerk’s office at the

16-1 close of each voting day. The seal on the ballot box must indicate the

16-2 number of voted ballots contained in that box for that day.

16-3 2. When the ballot box is delivered pursuant to subsection 1, the

16-4 county clerk shall provide a new ballot box [locked] sealed in the manner

16-5 prescribed in NRS 293.359.

16-6 3. At the close of the fourth voting day before the last day to vote early

16-7 and at the close of each of the 3 days thereafter, the county clerk shall

16-8 deliver all ballots voted to the ballot board for early voting. At the close of

16-9 the last voting day, the county clerk shall deliver to the ballot board for

16-10 early voting:

16-11 (a) Each remaining ballot box containing the ballots voted early by

16-12 personal appearance ; [and his key to each box;]

16-13 (b) A voting roster of all persons who voted early by personal

16-14 appearance; and

16-15 (c) Any list of registered voters used in conducting early voting.

16-16 4. [Upon the call of the chairmen of the board, the custodian of the key

16-17 to the second lock on the ballot boxes shall deliver his key for each box to

16-18 the presiding officer.

16-19 5.] Upon the receipt of ballots, the board shall:

16-20 (a) Remove all ballots from the ballot boxes and sort the ballots by

16-21 precinct or voting district;

16-22 (b) Count the number of ballots by precinct or voting district;

16-23 (c) Account for all ballots on an official statement of ballots; and

16-24 (d) Place all official ballots in the container provided to transport those

16-25 items to a central counting place and seal the container with a numbered

16-26 seal. The official statement of ballots must accompany the voted ballots to

16-27 the central counting place.

16-28 [6.] 5. The county clerk shall allow members of the general public to

16-29 observe the handling of the ballots pursuant to subsection [5] 4 if those

16-30 members do not interfere with the handling of the ballots.

16-31 Sec. 20. NRS 293.507 is hereby amended to read as follows:

16-32 293.507 1. The secretary of state shall prescribe:

16-43 4. The form for an application to register to vote must include:

17-1 (a) A line on which to enter [the number on] :

17-2 (1) The first two letters of the last name of the voter;

17-3 (2) The year, month and day of the birth of the voter; and

17-4 (3) The last four digits of the voter’s social security [card, driver’s

17-5 license or identification card issued by the department of motor vehicles

17-6 and public safety.] number, if any. If the last four digits of a social

17-7 security number are not provided, the county clerk shall assign a four-

17-8 digit number.

17-9 (b) A line on which to enter the address at which the voter actually

17-10 resides. The application must not be accepted if the address is listed as a

17-11 post office box unless a street address has not been assigned to his

17-12 residence.

17-13 (c) A notice that the voter may not list his address as a business unless

17-14 he actually resides there.

17-15 (d) A line on which must be printed the words "Disabled Voter" and a

17-16 box near those words for the purpose of indicating that the voter is

17-17 disabled.

17-18 Sec. 21. Chapter 293C of NRS is hereby amended by adding thereto

17-19 the provisions set forth as sections 22 and 23 of this act.

17-20 Sec. 22. 1. A registered voter who, because of a physical disability,

17-21 is unable to mark or sign a ballot or use a voting device without

17-22 assistance may submit a written statement to the appropriate city clerk

17-23 requesting that he receive an absent ballot for each primary city election

17-24 and general city election conducted during the period specified in

17-25 subsection 3.

17-26 2. A written statement submitted pursuant to subsection 1 must:

17-27 (a) Include a statement from a physician licensed in this state

17-28 certifying that the registered voter is a person with a physical disability

17-29 and, because of the physical disability, he is unable to mark or sign a

17-30 ballot or use a voting device without assistance;

17-31 (b) Designate the person who will assist the registered voter in

17-32 marking and signing the absent ballot on behalf of the registered voter;

17-33 and

17-34 (c) Include the name, address and signature of the person designated

17-35 pursuant to paragraph (b).

17-36 3. Upon receipt of a written statement submitted by a registered voter

17-37 pursuant to subsection 1, the city clerk shall, if the statement includes the

17-38 information required pursuant to subsection 2, issue an absent ballot to

17-39 the registered voter for each primary and general election that is

17-40 conducted within 2 years after the date the written statement is submitted

17-41 to the city clerk.

17-42 4. To determine whether a registered voter is entitled to receive an

17-43 absent ballot pursuant to this section, the city clerk may, every second

18-1 year after an absent ballot is issued to a registered voter pursuant to

18-2 subsection 3, require the registered voter to submit a statement from a

18-3 licensed physician as specified in paragraph (a) of subsection 2. If a

18-4 statement from a physician licensed in this state submitted pursuant to

18-5 this subsection indicates that the registered voter is no longer physically

18-6 disabled, the city clerk shall not issue an absent ballot to the registered

18-7 voter pursuant to this section.

18-8 5. A person designated pursuant to paragraph (b) of subsection 2

18-9 may, on behalf of and at the direction of the registered voter, mark and

18-10 sign an absent ballot issued to the registered voter pursuant to the

18-11 provisions of this section. If the person marks and signs the ballot, the

18-12 person shall indicate next to his signature that the ballot has been

18-13 marked and signed on behalf of the registered voter.

18-14 6. The procedure authorized pursuant to this section is subject to all

18-15 other provisions of this chapter relating to voting by absent ballot to the

18-16 extent that those provisions are not inconsistent with the provisions of

18-17 this section.

18-18 Sec. 23. 1. A person who, during the 6 months immediately

18-19 preceding an election, mails to more than a total of 500 registered voters

18-20 a form to request an absent ballot for the election shall:

18-21 (a) Mail the form prescribed by the secretary of state;

18-22 (b) Not later than 14 days before mailing such a form, notify the city

18-23 clerk of each city to which a form will be mailed of the number of forms

18-24 to be mailed to voters in the city and the date of the mailing of the forms;

18-25 and

18-26 (c) Not mail such a form later than 21 days before the election.

18-27 2. A person who violates this section is guilty of a category E felony

18-28 and shall be punished as provided in NRS 193.130.

18-29 Sec. 24. NRS 293C.185 is hereby amended to read as follows:

18-30 293C.185 1. Except as otherwise provided in NRS 293C.190, a

18-41

19-1 City of

19-2 For the purpose of having my name placed on the official ballot as a

19-3 candidate for the office of ................, I, the undersigned ................, do

19-4 swear or affirm under penalty of perjury that I actually, as opposed to

19-5 constructively, reside at ......................, in the City or Town of ................,

19-6 County of .................., State of Nevada; that my actual , as opposed to

19-7 constructive, residence in the city, township or other area prescribed by

19-8 law to which the office pertains began on a date [30 days or more before]

19-9 at least 90 days immediately preceding the date of the close of filing of

19-10 declarations of candidacy for this office; that if nominated as a candidate at

19-11 the ensuing election I will accept the nomination and not withdraw; that I

19-12 will not knowingly violate any election law or any law defining and

19-13 prohibiting corrupt and fraudulent practices in campaigns and elections in

19-14 this state; that I will qualify for the office if elected thereto, including, but

19-15 not limited to, complying with any limitation prescribed by the constitution

19-16 and laws of this state concerning the number of years or terms for which a

19-17 person may hold the office; and my name will appear on all ballots as

19-18 designated in this declaration.

19-19

19-20 (Designation of name)

19-21

19-22 (Signature of candidate for

19-23 office)

19-24 Subscribed and sworn to before

19-25 me this ..... day of ........, 19...

19-26

19-27 Notary Public or other person

19-28 authorized to administer an oath

19-29 3. A person may be a candidate under his given name and surname, a

19-30 contraction or familiar form of his given name followed by his surname or

19-31 the initial of his given name followed by his surname. A nickname of not

19-32 more than 10 letters may be incorporated into a candidate’s name. The

19-33 nickname must be in quotation marks and appear immediately before the

19-34 candidate’s surname. A nickname must not indicate any political,

19-35 economic, social or religious view or affiliation and must not be the name

19-36 of any person, living or dead, whose reputation is known on a statewide,

19-37 nationwide or worldwide basis, or in any other manner deceive a voter

19-38 concerning the person or principles for which he is voting.

20-1 4. The address of a candidate that must be included in the declaration

20-2 or acceptance of candidacy pursuant to subsection 2 must be the street

20-3 address of the residence where he actually , as opposed to constructively,

20-4 resides [,] in accordance with NRS 281.050, if one has been assigned. The

20-5 declaration or acceptance of candidacy must not be accepted for filing if

20-6 the candidate’s address is listed as a post office box unless a street address

20-7 has not been assigned to his residence.

20-8 Sec. 25. NRS 293C.200 is hereby amended to read as follows:

20-9 293C.200 1. In addition to any other requirement provided by law,

20-22 candidate.

20-23 Sec. 26. NRS 293C.265 is hereby amended to read as follows:

20-24 293C.265 1. Except as otherwise provided in subsection 2, a person

20-37 (d) Requests an absent ballot in person at the office of the city clerk.

20-38 Sec. 27. NRS 293C.282 is hereby amended to read as follows:

20-39 293C.282 1. Any registered voter who, because of a physical

20-43 (a) The voter’s employer or his agent; or

21-1 (b) An officer or agent of the voter’s labor organization.

21-2 2. A person providing assistance pursuant to this section to a

21-3 [disabled] voter in casting his vote shall not disclose any information with

21-4 respect to the casting of that ballot.

21-5 3. The right to assistance in casting a ballot may not be denied or

21-6 impaired when the need for assistance is apparent or is known to the

21-7 election board or any member thereof, but the election board may require a

21-8 registered voter to sign a statement that he requires assistance in casting his

21-9 vote because of a physical disability or an inability to read or write English

21-10 when the need for assistance is not apparent or no member of the election

21-11 board has knowledge thereof. The statement must be executed under

21-12 penalty of perjury.

21-13 4. In addition to complying with the requirements of this section, the

21-14 city clerk and election board officer shall, upon the request of a

21-15 registered voter with a physical disability, make reasonable

21-16 accommodations to allow the voter to vote at his polling place.

21-17 Sec. 28. NRS 293C.305 is hereby amended to read as follows:

21-18 293C.305 1. The city clerk shall prepare an absent ballot for the use

21-27 pursuant to subsection 2 is moot and of no effect.

21-28 Sec. 29. NRS 293C.317 is hereby amended to read as follows:

21-29 293C.317 1. Any registered voter who is unable to go to the polls

21-42 place, he may apply] ,

22-1 may submit a written request to the city clerk for an absent ballot . The

22-2 request may be submitted at any time before 5 p.m. on the day of the

22-3 election. [The]

22-4 2. If the city clerk determines that a request submitted pursuant to

22-5 subsection 1 includes the information required pursuant to subsection 3,

22-6 the city clerk shall [issue] , at the office of the city clerk, deliver an absent

22-7 ballot [upon satisfactory proof of the emergency.

22-8 2. After] to the person designated in the request to obtain the ballot

22-9 for the registered voter.

22-10 3. A written request submitted pursuant to subsection 1 must include:

22-11 (a) The name, address and signature of the registered voter requesting

22-12 the absent ballot;

22-13 (b) The name, address and signature of the person designated by the

22-14 registered voter to obtain, deliver and return the ballot for the registered

22-15 voter;

22-16 (c) A brief statement of the illness or disability of the registered voter

22-17 or of facts sufficient to establish that the registered voter was called away

22-18 from home after the time had elapsed for requesting an absent ballot;

22-19 (d) If the voter is confined in a hospital, sanatorium, dwelling or

22-20 nursing home, a statement that he will be confined therein on the day of

22-21 the election; and

22-22 (e) Unless the person designated pursuant to paragraph (b) will mark

22-23 and sign an absent ballot on behalf of the registered voter pursuant to

22-24 subsection 5, a statement signed under penalty of perjury that only the

22-25 registered voter will mark and sign the ballot.

22-26 4. Except as otherwise provided in subsection 5, after marking his

22-27 ballot the voter must [place] :

22-28 (a) Place it in the identification envelope [. The voter must affix] ;

22-29 (b) Affix his signature on the back of the envelope ; and [return]

22-30 (c) Return it to the office of the city clerk.

22-31 [3.] 5. A person designated in a request submitted pursuant to

22-32 subsection 1 may, on behalf of and at the direction of the registered

22-33 voter, mark and sign the absent ballot. If the person marks and signs the

22-34 ballot, the person shall indicate next to his signature that the ballot has

22-35 been marked and signed on behalf of the registered voter.

22-36 6. A request for [a] an absent ballot submitted pursuant to this section

22-37 must be made, and the ballot delivered to the voter and returned to the city

22-38 clerk, not later than the time the polls close on election day.

22-39 [4.] 7. The procedure authorized by this section is subject to all other

22-40 provisions of this chapter relating to voting by absent ballot [voting insofar

22-41 as] to the extent that those provisions are not inconsistent with the

22-42 provisions of this section.

22-43 Sec. 30. NRS 293C.330 is hereby amended to read as follows:

23-1 293C.330 1. When an absent voter receives his ballot, he must mark

23-2 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

23-3 punching a card, in accordance with the instructions, deposit it in the return

23-4 envelope, seal the envelope, affix his signature on the back of the envelope

23-5 in the space provided therefor and mail the return envelope.

23-6 2. If the absent voter who has received a ballot by mail applies to vote

23-7 the ballot in person at:

23-8 (a) The city clerk’s office, he must mark or punch the ballot, seal it in

23-9 the return envelope and affix his signature in the same manner as provided

23-10 in subsection 1, and deliver the envelope to the city clerk.

23-11 (b) A polling place, he must surrender the absent ballot and provide

23-12 satisfactory identification before being issued a ballot to vote at the polling

23-13 place. A person who receives a surrendered absent ballot shall mark it

23-14 "Canceled."

23-15 3. Except as otherwise provided in NRS 293C.317, it is unlawful for

23-16 any person to return an absent ballot other than the voter who requested

23-17 [an] the absent ballot [to return it.] or, at the request of the voter, a

23-18 member of his family. A person who returns an absent ballot and who is

23-19 a member of the family of the voter who requested the absent ballot shall,

23-20 under penalty of perjury, indicate on a form prescribed by the city clerk

23-21 that he is a member of the family of the voter who requested the absent

23-22 ballot and that the voter requested that he return the absent ballot. A

23-23 person who violates the provisions of this subsection is guilty of a category

23-24 E felony and shall be punished as provided in NRS 193.130.

23-25 Sec. 31. NRS 293C.359 is hereby amended to read as follows:

23-26 293C.359 [1.] The ballot box for early voting in which voted ballots

23-38 until it is delivered to the ballot board for early voting.]

23-39 Sec. 32. NRS 293C.3602 is hereby amended to read as follows:

23-40 293C.3602 If paper ballots or ballots which are voted by punching a

23-43 be delivered by an election board officer to the city clerk’s office at the

24-1 close of each voting day. The seal on the ballot box must indicate the

24-2 number of voted ballots contained in that box for that day.

24-3 2. When the ballot box is delivered pursuant to subsection 1, the city

24-4 clerk shall provide a new ballot box [locked] sealed in the manner

24-5 prescribed in NRS 293C.359.

24-6 3. At the close of the fourth voting day before the last day to vote early

24-7 and at the close of each of the 3 days thereafter, the city clerk shall deliver

24-8 all ballots voted to the ballot board for early voting. At the close of the last

24-9 voting day, the city clerk shall deliver to the ballot board for early voting:

24-10 (a) Each remaining ballot box containing the ballots voted early by

24-11 personal appearance ; [and his key to each box;]

24-12 (b) A voting roster of all persons who voted early by personal

24-13 appearance; and

24-14 (c) Any list of registered voters used in conducting early voting.

24-15 4. [Upon the call of the chairmen of the board, the custodian of the key

24-16 to the second lock on the ballot boxes shall deliver his key for each box to

24-17 the presiding officer.

24-18 5.] Upon the receipt of ballots, the board shall:

24-19 (a) Remove all ballots from the ballot boxes and sort the ballots by

24-20 precinct or voting district;

24-21 (b) Count the number of ballots by precinct or voting district;

24-22 (c) Account for all ballots on an official statement of ballots; and

24-23 (d) Place all official ballots in the container provided to transport those

24-24 items to a central counting place and seal the container with a numbered

24-25 seal. The official statement of ballots must accompany the voted ballots to

24-26 the central counting place.

24-27 [6.] 5. The city clerk shall allow members of the general public to

24-28 observe the handling of the ballots pursuant to subsection [5] 4 if those

24-29 members do not interfere with the handling of the ballots.

24-30 Sec. 33. NRS 306.110 is hereby amended to read as follows:

24-31 306.110 1. A petition to nominate other candidates for the office

24-43 county clerk of the county named on the document.

25-1 3. Each candidate who is nominated for office must file an acceptance

25-2 of candidacy with the appropriate filing officer and pay the fee required by

25-3 NRS 293.193 or by the governing body of a city at least [15] 20 days

25-4 before the date of the special election.

26-1 Sec. 34. NRS 218.010 is hereby amended to read as follows:

26-2 218.010 No person [shall be] is eligible to the office of state senator or

26-7 2. At the time of election has not attained the age of 21 years.

26-8 Sec. 35. NRS 218.043 is hereby amended to read as follows:

26-9 218.043 Where a vacancy occurs in the office of state senator or

26-43 clerk or the clerk of the county which has the largest population within the

27-1 district, as the case may be, shall give the certificate to the appointee and

27-2 send a copy of the certificate to the secretary of state.

27-3 Sec. 36. NRS 281.050 is hereby amended to read as follows:

27-4 281.050 1. The [legal] residence of a person with reference to his

27-5 eligibility to office is [that place where he has been actually, physically and

27-6 corporeally present] his actual residence within the state or county or

27-7 district, as the case may be, during all the period for which residence is

27-8 claimed by him. [Should] If any person [absent] absents himself from the

27-9 jurisdiction of his residence [such absence shall] with the intention in good

27-10 faith to return without delay and continue his residence, the period of

27-11 absence must not be considered in determining the question of [legal]

27-12 residence.

27-13 2. If a candidate who has filed for elective office moves his residence

27-14 out of the state, county, district, ward, subdistrict or any other unit

27-15 prescribed by law for which he is a candidate and in which he is required

27-16 actually, as opposed to constructively, to reside, a vacancy is created

27-17 thereby and the appropriate action for filling [such vacancy shall] the

27-18 vacancy must be taken. A person shall be deemed to have moved his

27-19 residence for the purposes of this section if:

27-20 (a) He has acted affirmatively to remove himself from one place; and

27-21 (b) He has an intention to remain in another place.

27-22 3. The district court has jurisdiction to determine the question of

27-23 [legal] residence in an action for declaratory judgment.

27-24 4. As used in this section, "actual residence" means the place where

27-25 a person is legally domiciled and maintains a permanent habitation. If

27-26 the person maintains more than one such habitation, the place he

27-27 declares to be his principal permanent habitation when filing a

27-28 declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be

27-29 deemed to be his actual residence.

27-30 Sec. 37. NRS 283.040 is hereby amended to read as follows:

27-31 283.040 1. Every office becomes vacant upon the occurring of any

27-43 by law.

28-1 (f) Except as otherwise provided in NRS 266.400, the ceasing of the

28-2 incumbent to be [a] an actual, as opposed to constructive, resident of the

28-3 state, district, county, city, ward or other unit prescribed by law in which

28-4 the duties of his office are to be exercised, or from which he was elected or

28-5 appointed, or in which he was required to reside to be a candidate for

28-6 office or appointed to office.

28-7 (g) The neglect or refusal of the incumbent to discharge the duties of his

28-8 office for a period of 30 days, except when prevented by sickness or

28-9 absence from the state or county, as provided by law. In a county whose

28-10 population is less than 10,000, after an incumbent, other than a state

28-11 officer, has been prevented by sickness from discharging the duties of his

28-12 office for at least 6 months, the district attorney, either on his own volition

28-13 or at the request of another person, may petition the district court to declare

28-14 the office vacant. If the incumbent holds the office of district attorney, the

28-15 attorney general, either on his own volition or at the request of another

28-16 person, may petition the district court to declare the office vacant. The

28-17 district court shall hold a hearing to determine whether to declare the office

28-18 vacant and, in making its determination, shall consider evidence relating

28-19 to:

28-20 (1) The medical condition of the incumbent;

28-21 (2) The extent to which illness, disease or physical weakness has

28-22 rendered the incumbent unable to manage independently and perform the

28-23 duties of his office; and

28-24 (3) The extent to which the absence of the incumbent has had a

28-25 detrimental effect on the applicable governmental entity.

28-26 (h) The decision of a competent tribunal declaring the election or

28-27 appointment void or the office vacant.

28-28 2. Upon the happening of any of the events described in subsection 1,

28-29 if the incumbent fails or refuses to relinquish his office, the attorney

28-30 general shall, if the office is a state office or concerns more than one

28-31 county, or the district attorney shall, if the office is a county office or

28-32 concerns territory within one county, commence and prosecute, in a court

28-33 of competent jurisdiction, any proceedings for judgment and decree

28-34 declaring that office vacant.

28-35 Sec. 38. 1. The secretary of state shall establish and coordinate a