Assembly Bill No

Assembly Bill No. 614–Committee on Elections,

Procedures, and Ethics

CHAPTER........

AN ACT relating to elections; making various provisions for access to and use of polling

places and absent ballots by voters who are disabled, elderly or unable to go to

polling places; requiring a candidate to be an actual, as opposed to constructive,

resident of his claimed residence; changing the period that unused ballots must be

held by the county clerk; revising the requirements for recounting ballots by hand;

specifying the time within which a public officer who is subject to a recall may

resign without a special election being conducted; making various changes to

election deadlines and procedures; and providing other matters properly relating

thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

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

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

assistance may submit a written statement to the appropriate county clerk

requesting that he receive an absent ballot for each election conducted

during the period specified in subsection 3.

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

(a) Include a statement from a physician licensed in this state

certifying that the registered voter is a person with a physical disability

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

ballot or use a voting device without assistance;

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

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

and

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

pursuant to paragraph (b).

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

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

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

to the registered voter for each election that is conducted during the year

immediately succeeding the date the written statement is submitted to the

county clerk.

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

absent ballot pursuant to this section, the county clerk may, every year

after an absent ballot is issued to a registered voter pursuant to

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

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

statement from a physician licensed in this state submitted pursuant to this subsection indicates that the registered voter is no longer physically

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

registered voter pursuant to this section.

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

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

sign an absent ballot issued to the registered voter pursuant to the

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

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

marked and signed on behalf of the registered voter.

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

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

extent that those provisions are not inconsistent with the provisions of

this section.

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

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

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

(a) Mail the form prescribed by the secretary of state, which must, in

14-point type or larger:

(1) Identify the person who is mailing the form;

(2) Include a notice stating, "This is a request for an absent

ballot."; and

(3) State that by returning the form the form will be submitted to

the county clerk;

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

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

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

of the forms; and

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

2. The provisions of this section do not authorize a person to vote by

absent ballot if he is not otherwise eligible to vote by absent ballot.

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

293.1276 1. Within 4 days excluding Saturdays, Sundays and

holidays, after the submission of a petition containing signatures which are

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

293.200, 295.056, 298.109 [~~or 306.035,]~~ , 306.035 or 306.110, the county

clerk shall determine the total number of signatures affixed to the

documents and forward that information to the secretary of state.

2. If the secretary of state finds that the total number of signatures filed

with all the county clerks is less than 100 percent of the required number of

registered voters, he shall so notify the person who submitted the petition

and the county clerks and no further action may be taken in regard to the

petition. If the petition is a petition to recall a county, district or municipal

officer, the secretary of state shall also notify the officer with whom the

petition is to be filed. 3. After the petition is submitted to the county clerk it must not be

handled by any other person except by an employee of the county clerk's

office until it is filed with the secretary of state.

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

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

signatures submitted to all the county clerks is 100 percent or more of the

number of registered voters needed to declare the petition sufficient, he

shall immediately so notify the county clerks. Within 9 days excluding

Saturdays, Sundays and holidays after notification, each of the county

clerks shall determine the number of registered voters who have signed the

documents submitted in his county.

2. If more than 500 names have been signed on the documents

submitted to him, a county clerk shall examine the signatures by sampling

them at random for verification. The random sample of signatures to be

verified must be drawn in such a manner that every signature which has

been submitted to the county clerk is given an equal opportunity to be

included in the sample. The sample must include an examination of at least

500 or 5 percent of the signatures, whichever is greater.

3. In determining from the records of registration the number of

registered voters who signed the documents, the county clerk may use the

signatures contained in the file of applications to register to vote. If the

county clerk uses that file, he shall ensure that every application in the file

is examined, including any application in his possession which may not yet

be entered into his records. The county clerk shall rely only on the

appearance of the signature and the address and date included with each

signature in making his determination.

4. Except as otherwise provided in subsection 6, upon completing the

examination, the county clerk shall immediately attach to the documents a

certificate properly dated, showing the result of his examination and

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

of this certificate must be filed in the clerk's office.

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

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

293.200, 295.056, 298.109 , [~~or]~~ 306.035 or 306.110 must be allowed to

witness the verification of the signatures. A public officer who is the

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

of the signatures on the petition.

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

verified pursuant to the provisions of NRS 293.165, 293.200 , [~~or]~~ 306.035

or 306.110 for any county, district or municipal office within one county,

the county clerk shall not transmit to the secretary of state the documents

containing the signatures of the registered voters.

7. The secretary of state may by regulation establish further procedures

for carrying out the provisions of this section.

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

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

signatures filed is 90 percent or more but less than 100 percent of the

number of signatures of registered voters needed to declare the petition

sufficient, the secretary of state shall order the county clerks to examine the

signatures for verification. The county clerks [~~must]~~ shall examine the

signatures for verification until they determine that 100 percent of the

number of signatures of registered voters needed to declare the petition

sufficient are valid.

2. If the statistical sampling shows that the number of valid signatures

filed in any county is 90 percent or more but less than 100 percent of the

number of signatures of registered voters needed to constitute 10 percent of

the number of voters who voted at the last preceding general election in that

county, the secretary of state may order the county clerk in that county to

examine every signature for verification.

3. Within 12 days excluding Saturdays, Sundays and holidays after

receipt of such an order, the clerk shall determine from the records of

registration what number of registered voters have signed the petition. If

necessary, the board of county commissioners shall allow the county clerk

additional assistants for examining the signatures and provide for their

compensation. In determining from the records of registration what number

of registered voters have signed the petition, the clerk may use any file or

list of registered voters maintained by his office or facsimiles of voters'

signatures. The county clerk may rely on the appearance of the signature

and the address and date included with each signature in determining the

number of registered voters that signed the petition.

4. Except as otherwise provided in subsection 5, upon completing the

examination, the county clerk shall immediately attach to the documents of

the petition an amended certificate properly dated, showing the result of the

examination and shall immediately forward the documents with the

amended certificate to the secretary of state. A copy of the amended

certificate must be filed in the county clerk's office.

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

verified pursuant to the provisions of NRS 293.165, 293.200 , [~~or]~~ 306.035

or 306.110 for any county, district or municipal office within one county,

the county clerk shall not forward to the secretary of state the documents

containing the signatures of the registered voters.

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

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

on which he receives certificates from the county clerks showing the

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

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

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

immediately so notify the petitioners and the county clerks. If the petition is

a petition to recall a county, district or municipal officer, the secretary of

state shall also notify the officer with whom the petition is to be filed. Sec. 7. NRS 293.165 is hereby amended to read as follows:

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

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

filled by a candidate designated by the party central committee of the

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

4 and 5.

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

filing and on or before the [~~first]~~ second Tuesday in [~~September]~~ August

must be filled by filing a nominating petition that is signed by [~~at least]~~

registered voters of the state, county, district or municipality who may

vote for the office in question. The number of registered voters who sign

the petition must not be less than 1 percent of the number of persons [~~who~~

~~are registered to vote and]~~ who voted for the office in question in the state,

county, district or municipality at the last preceding general election. The

petition must be filed not earlier than the first Tuesday in June and not later

than the [~~third]~~ fourth Tuesday in [~~September.]~~ August. The petition may

consist of more than one document. Each document must bear the name

of one county and must not be signed by a person who is not a registered

voter of that county. Each document of the petition must be submitted for

verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the

county clerk of the county named on the document. A candidate

nominated pursuant to the provisions of this subsection [~~may]~~ :

(a) Must file a declaration of candidacy or acceptance of candidacy

and pay the statutory filing fee on or before the date the petition is filed;

and

(b) May be elected only at a general election and his name must not

appear on the ballot for a primary election.

3. A vacancy occurring in a nonpartisan nomination after [~~a primary~~

~~election]~~ the second Tuesday in August and on or before the second

Tuesday in September must be filled by the person who [~~received]~~ receives

the next highest vote for the nomination in the primary.

4. [~~Except to place a candidate nominated pursuant to subsection 2 on~~

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

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

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

elected, a vacancy exists.

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

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

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

5 p.m. on [~~that date.]~~ the date the designation is filed.

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

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

of state senator or assemblyman from a legislative district comprising more

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

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

of which is included within the legislative district, shall meet to appoint aperson who is of the same political party as the former nominee and who

actually, as opposed to constructively, resides in the district to fill the

vacancy, under the chairmanship of the chairman of the board of county

commissioners of the county whose population residing within the district

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

separately and determine the single candidate it will nominate to fill the

vacancy. Then , the boards shall meet jointly and the chairmen on behalf of

the boards shall cast a proportionate number of votes according to the

percent, rounded to the nearest whole percent, which the population of its

county is of the population of the entire district. Populations must be

determined by the last decennial census or special census conducted by the

Bureau of the Census of the United States Department of Commerce. The

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

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

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

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

persons so selected.

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

September of the year in which the general election is held. If a nominee

dies after that date, his name must remain on the ballot and, if elected, a

vacancy exists.

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

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

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

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

293.1755 1. In addition to any other requirement provided by law, no

person may be a candidate for any office unless, for at least the 30 days

~~[before]~~ immediately preceding the date of the close of filing of

declarations of candidacy or acceptances of candidacy for the office which

he seeks, he has [~~been a legal resident of]~~ , in accordance with NRS

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

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

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

he will represent.

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

candidacy or declaration of candidacy which contains a false statement in

this respect is guilty of a gross misdemeanor.

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

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

candidate.

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

office of district attorney.

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

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

may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of

candidacy, and paid the fee required by NRS 293.193 not earlier than the

first Monday in May of the year in which the election is to be held nor later

than 5 p.m. on the third Monday in May.

2. A declaration of candidacy or an acceptance of candidacy required

to be filed by this section must be in substantially the following form:

(a) For partisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

County of

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

candidate for the ................ Party nomination for the office of ………, I,

the undersigned …….., do swear or affirm under penalty of perjury that I

actually, as opposed to constructively, reside at ………., in the City or

Town of ……., County of ………., State of Nevada; that my actual , as

opposed to constructive, residence in the state, district, county, township,

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

date at least 30 days [~~or more before]~~ immediately preceding the date of

the close of filing of declarations of candidacy for this office; that I am

registered as a member of the ................ Party; that I have not, in violation

of the provisions of NRS 293.176, changed the designation of my political

party or political party affiliation on an official application to register to

vote in any state since September 1 before the closing filing date for this

election; that I generally believe in and intend to support the concepts

found in the principles and policies of that political party in the coming

election; that if nominated as a candidate of the ................ Party at the

ensuing election I will accept that nomination and not withdraw; that I will

not knowingly violate any election law or any law defining and prohibiting

corrupt and fraudulent practices in campaigns and elections in this state;

that I will qualify for the office if elected thereto, including, but not limited

to, complying with any limitation prescribed by the constitution and laws of

this state concerning the number of years or terms for which a person may

hold the office; and that I understand that my name will appear on all

ballots as designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

Notary Public or other person

authorized to administer an oath

(b) For nonpartisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

County of

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

candidate for the office of ................, I, the undersigned ................, do

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

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

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

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

prescribed by law to which the office pertains began on a date at least 30

days [~~or more before]~~ immediately preceding the date of the close of filing

of declarations of candidacy for this office; that if nominated as a

nonpartisan candidate at the ensuing election I will accept the nomination

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

law defining and prohibiting corrupt and fraudulent practices in campaigns

and elections in this state; that I will qualify for the office if elected thereto,

including, but not limited to, complying with any limitation prescribed by

the constitution and laws of this state concerning the number of years or

terms for which a person may hold the office; and my name will appear on

all ballots as designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

Notary Public or other person

authorized to administer an oat

h 3. A person may be a candidate under his given name and surname, a

contraction or familiar form of his given name followed by his surname or

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

more than 10 letters may be incorporated into a candidate's name. The

nickname must be in quotation marks and appear immediately before the

candidate's surname. A nickname must not indicate any political,

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

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

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

regarding the person or principles for which he is voting.

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

declaration of candidacy or acceptance of candidacy pursuant to subsection

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

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

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

accepted for filing if the candidate's address is listed as a post office box

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

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

293.181 1. A candidate for the office of state senator or assemblyman

must execute and file with his declaration of candidacy or acceptance of

candidacy a declaration of residency which must be in substantially the

following form:

I, the undersigned , do swear or affirm under penalty of perjury that

I have been a citizen resident of this state as required by NRS

218.010 and have actually, as opposed to constructively, resided

~~[or intend to reside]~~ at the following residence or residences [~~during~~

~~the 12 months immediately preceding the date of the general~~

~~election for the office for which I have filed.]~~ since November 1 of

the preceding year:

Street Address Street Address

City or Town City or Town

State State

From To From To

Dates of Residency Dates of Residency

Street Address Street Address

City or Town City or Town

State State

From To From To

Dates of Residency Dates of Residency

(Attach additional sheet or sheets of residences as necessary)

2. Each address of a candidate which must be included in the

declaration of residency pursuant to subsection 1 must be the street address

of the residence where he actually , as opposed to constructively, resided or

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

declaration of residency must not be accepted for filing if any of the

candidate's addresses are listed as a post office box, unless a street address

has not been assigned to the residence.

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

293.200 1. An independent candidate for partisan office must file

with the proper filing officer:

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

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

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

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

number of ballots cast in the state [~~or in the county or district electing that~~

~~officer]~~ for that office at the last preceding general election in which a

person was elected to that office.

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

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

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

election in which a person was elected to that office.

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

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

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

election in which a person was elected to that office.

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

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

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

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

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

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

county must be submitted to that county clerk for verification in the manner

prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days

before filing the petition of candidacy with the proper filing officer. Each

signer shall add to his signature the address of the place at which he

actually resides, the date that he signs the petition and the name of the

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

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

of the petition shall sign an affidavit attesting that the signatures on the

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

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

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

person qualified represents. 4. Petitions of candidacy must be filed not earlier than the first Monday

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

Tuesday in August.

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

candidate for each office to be filled.

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

to run as the candidate of a political party.

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

election ballot and must not appear on the primary election ballot.

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

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

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

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

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

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

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

with the secretary of state.

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

filed if the petition was filed with a county clerk.

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

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

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

election is held nor later than 5 p.m. of the first Wednesday in July.

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

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

who registered to vote pursuant to the provisions of NRS 293.5235, shall,

for the first election in which he votes at which that registration is valid,

vote in person unless he has previously voted in the county in which he is

registered to vote.

2. The provisions of subsection 1 do not apply to a person who:

(a) Is entitled to vote in the manner prescribed in NRS 293.343 to

293.355, inclusive;

(b) Is entitled to vote an absent ballot pursuant to federal law or section

2 of this act or NRS 293.316;

ballot that is signed by the registered voter before a notary public or other

person authorized to administer an oath; or

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

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

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

disability or an inability to read or write English is unable to mark a ballot

or use any voting device without assistance is entitled to assistance from a

consenting person of his own choice, except:

(a) The voter's employer or his agent; or

(b) An officer or agent of the voter's labor organization

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

~~[disabled]~~ voter in casting his vote shall not disclose any information with

respect to the casting of that ballot.

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

impaired when the need for assistance is apparent or is known to the

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

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

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

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

election board has knowledge thereof. The statement must be executed

under penalty of perjury.

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

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

registered voter with a physical disability, make reasonable

accommodations to allow the voter to vote at his polling place.

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

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

ballot for the use of registered voters who have requested absent ballots.

The county clerk shall make reasonable accommodations for the use of

the absent ballot by an elderly or disabled person.

2. The ballot must be prepared and ready for distribution to a

registered voter who:

(a) Resides within the state, not later than 20 days before the election in

which it is to be used; or

(b) Resides outside the state, not later than 40 days before a primary or

general election, if possible.

3. Any legal action which would prevent the ballot from being issued

pursuant to subsection 2 is moot and of no effect.

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

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

[~~because]~~ :

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

hospital, sanatorium, dwelling or nursing home [~~may request in a written~~

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

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

authorized representative of the voter possessing a written statement signed

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

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

~~on election day. If any registered voter is]~~ ; or

(b) Because he is suddenly hospitalized , [~~or]~~ becomes seriously ill or is

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

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

~~place, he may apply]~~

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

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

election. [~~The]~~ 2. If the county clerk determines that a request submitted pursuant to

subsection 1 includes the information required pursuant to subsection 3,

the county clerk shall [~~issue]~~ , at the office of the county clerk, deliver an

absent ballot [~~upon satisfactory proof of the emergency.~~

~~2. After]~~ to the person designated in the request to obtain the ballot

for the registered voter.

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

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

the absent ballot;

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

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

voter;

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

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

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

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

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

the election; and

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

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

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

registered voter will mark and sign the ballot.

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

ballot the voter must [~~place]~~ :

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

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

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

[~~3.]~~ 5. A person designated in a request submitted pursuant to

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

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

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

been marked and signed on behalf of the registered voter.

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

must be made, and the ballot delivered to the voter and returned to the

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

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

provisions of this chapter relating to voting by absent ballot [~~voting insofar~~

~~as]~~ to the extent that those provisions are not inconsistent with the

provisions of this section.

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

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

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

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

envelope, seal the envelope, affix his signature on the back of the envelope

in the space provided therefor and mail the return envelope. 2. If the absent voter who has received a ballot by mail applies to vote

the ballot in person at:

(a) The county clerk's office, he must mark or punch the ballot, seal it in

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

in subsection 1, and deliver the envelope to the clerk.

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

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

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

"Canceled."

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

person to return an absent ballot other than the voter who requested [~~an]~~

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

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

of the family of the voter who requested the absent ballot shall, under

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

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

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

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

felony and shall be punished as provided in NRS 193.130.

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

293.359 [~~1.]~~ The ballot box for early voting in which voted ballots

which are paper ballots or ballots which are voted by punching a card are

deposited must have two [~~locks, each with a different key]~~ numbered seals,

and must be designed and constructed so that the box can be sealed to

detect any unauthorized opening of the box and that the ballot slot can be

sealed to prevent any unauthorized deposit in the box. The seals for the

boxes must be serially numbered for each election.

[~~2. During the period for early voting by personal appearance, the~~

county clerk shall keep the key to one of the locks to the ballot box for

early voting and a designated custodian, not under the authority of the

county clerk, shall keep the key to the second lock.

3. Each custodian shall retain possession of the key entrusted to him

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

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

293.3602 If paper ballots or ballots which are voted by punching a

card are used during the period for early voting by personal appearance:

1. The ballots voted at the permanent or temporary polling place must

be delivered by an election board officer to the county clerk's office at the

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

number of voted ballots contained in that box for that day.

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

county clerk shall provide a new ballot box [~~locked]~~ sealed in the manner

prescribed in NRS 293.359.

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

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

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

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

early voting:

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

personal appearance ; [~~and his key to each box;]~~

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

appearance; and

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

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

the presiding officer.

~~5.]~~ Upon the receipt of ballots, the board shall:

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

precinct or voting district;

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

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

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

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

the central counting place.

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

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

members do not interfere with the handling of the ballots.

Sec. 20. NRS 293.391 is hereby amended to read as follows:

293.391 1. The voted ballots, rejected ballots, spoiled ballots,

[~~unused ballots,]~~ tally lists, pollbooks, challenge lists, voting receipts,

records printed on paper of voted ballots collected pursuant to NRS

293B.400 and stubs of the ballots used, enclosed and sealed, must, after

canvass of the votes by the board of county commissioners, be deposited in

the vaults of the county clerk, and preserved for at least 22 months. All

such sealed materials must be destroyed immediately after the preservation

period. A notice of the destruction must be published by the clerk in at least

one newspaper of general circulation in the county not less than 2 weeks

before the destruction. Unused ballots, enclosed and sealed, must, after

canvass of the votes by the board of county commissioners, be deposited

in the vaults of the county clerk and preserved for at least the period

during which the election may be contested and adjudicated, after which

the unused ballots may be destroyed.

2. The pollbooks containing the signatures of those persons who voted

in the election and the tally lists deposited with the board of county

commissioners are subject to the inspection of any elector who may wish to

examine them at any time after their deposit with the county clerk. 3. A contestant of an election may inspect all of the material regarding

that election which is preserved pursuant to subsection 1, except the voted

ballots.

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

the inspection of anyone, except in cases of contested election, and then

only by the judge, body or board before whom the election is being

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

such judge, body or board.

Sec. 21. NRS 293.404 is hereby amended to read as follows:

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

of NRS 293.403, the:

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

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

chairman of the recount board unless the recount is for the office of county

clerk, in which case the chairman of the board of county commissioners

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

board of county commissioners must be present at the recount.

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

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

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

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

must be present at the recount.

Each candidate for the office affected by the recount and the voter who

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

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

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

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

rejected ballots, and must determine whether those ballots are marked as

required by law.

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

voting system, the person who demanded the recount shall select the ballots

for the office or ballot question affected from 5 percent of the precincts, but

in no case fewer than three precincts, after consultation with each candidate

for the office or his authorized representative. The recount board shall

examine the selected ballots, including any duplicate or rejected ballots,

shall determine whether the ballots have been voted in accordance with this

Title and shall count the valid ballots by hand. [A] In addition, a recount

by computer must be made of all the selected ballots. If the count by hand

or the recount by computer of the selected ballots [~~or the recount]~~ shows a

discrepancy [~~of]~~ equal to or greater than 1 percent or [~~more for either~~

~~candidate,]~~ 5 votes, whichever is greater, for any candidate for the office,

or in favor of or against a ballot question, from the original canvass of the

returns, the county or city clerk shall order a count by hand of all the ballots

for that office. [~~If there is not a discrepancy of 1 percent or more,]~~

Otherwise, the county or city clerk [~~shall not order such a count, but]~~ shall

order a recount by computer of all the ballots for the office. 4. The county or city clerk shall unseal and give to the recount board

all ballots to be counted.

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

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

the county clerks to proceed with the recount.

Sec. 22. NRS 293.525 is hereby amended to read as follows:

293.525 1. Any elector who is presently registered and has changed

his residence after the last preceding general election and who fails to

return or never receives a postcard mailed pursuant to NRS 293.5235,

293.530 [,] or 293.535 who moved:

(a) From one precinct to another or from one congressional district to

another within the same county must be allowed to vote in the precinct

where he previously resided after he provides an oral or written affirmation

before an election board officer attesting to his new address.

(b) Within the same precinct must be allowed to vote after he provides

an oral or written affirmation before an election board officer attesting to

his new address.

2. If an elector alleges that the records in the registrar of voters'

changed his residence, he must be permitted to vote after he provides an

oral or written affirmation before an election board officer attesting that he

continues to reside at the same address.

3. If an elector refuses to provide an oral or written affirmation

attesting to his address as required by this section, he may only vote at the

special polling place in the county in the manner set forth in NRS 293.304.

4. The county clerk shall use any information regarding the current

address of an elector obtained pursuant to this section to correct

information in the registrar of voters' register and the election board

Sec. 23. NRS 293.547 is hereby amended to read as follows:

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

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

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

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

whose right to vote is challenged; or

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

voter.

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

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

the challenge.

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

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

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

such name.

5. The county clerk shall file the challenge in the registrar of voters'

he shall attach a copy of the challenge to the challenged registration in the

election board register.

(b) In counties where records of registration are kept by computer, he

shall have the challenge printed on the computer entry for the challenged

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

6. The county clerk shall, within 5 days after a challenge is filed, mail a

notice to the person whose right to vote has been challenged pursuant to

this section informing him of the challenge. A copy of the challenge must

accompany the notice.

Sec. 24. Chapter 293C of NRS is hereby amended by adding thereto

the provisions set forth as sections 25 and 26 of this act.

Sec. 25. 1. A registered voter who, because of a physical disability,

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

assistance may submit a written statement to the appropriate city clerk

requesting that he receive an absent ballot for each city election

conducted during the period specified in subsection 3.

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

(a) Include a statement from a physician licensed in this state

certifying that the registered voter is a person with a physical disability

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

ballot or use a voting device without assistance;

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

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

and

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

pursuant to paragraph (b).

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

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

information required pursuant to subsection 2, issue an absent ballot to

the registered voter for each city election that is conducted during the

year immediately succeeding the date the written statement is submitted

to the city clerk.

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

absent ballot pursuant to this section, the city clerk may, every year after

an absent ballot is issued to a registered voter pursuant to subsection 3,

require the registered voter to submit a statement from a licensed

physician as specified in paragraph (a) of subsection 2. If a statement

from a physician licensed in this state submitted pursuant to this

subsection indicates that the registered voter is no longer physically

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

voter pursuant to this section.

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

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

sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot, the

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

marked and signed on behalf of the registered voter.

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

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

extent that those provisions are not inconsistent with the provisions of

this section.

Sec. 26. 1. A person who, during the 6 months immediately

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

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

(a) Mail the form prescribed by the secretary of state, which must, in

14-point type or larger:

(1) Identify the person who is mailing the form;

(2) Include a notice stating, "This is a request for an absent

ballot."; and

(3) State that by returning the form the form will be submitted to

the city clerk;

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

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

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

and

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

2. The provisions of this section do not authorize a person to vote by

absent ballot if he is not otherwise eligible to vote by absent ballot.

Sec. 27. NRS 293C.185 is hereby amended to read as follows:

293C.185 1. Except as otherwise provided in NRS 293C.190, a name

may not be printed on a ballot to be used at a primary city election, unless

the person named has filed a declaration of candidacy or an acceptance of

candidacy and paid the fee established by the governing body of the city

not earlier than 70 days before the primary city election and not later than 5

p.m. on the 60th day before the primary city election.

2. A declaration of candidacy required to be filed by this section must

be in substantially the following form:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

City of

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

candidate for the office of ................, I, the undersigned ................, do

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

constructively, reside at ......................, in the City or Town of ................,

County of .................., State of Nevada; that my actual , as opposed toconstructive, residence in the city, township or other area prescribed by law

to which the office pertains began on a date at least 30 days [~~or more~~

~~before]~~ immediately preceding the date of the close of filing of

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

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

will not knowingly violate any election law or any law defining and

prohibiting corrupt and fraudulent practices in campaigns and elections in

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

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

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

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

designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

Notary Public or other person

authorized to administer an oath

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