Assembly Bill No. 614–Committee on Elections,
Procedures, and Ethics

March 18, 1999

____________

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes to provisions regarding elections. (BDR 24-281)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; 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:

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 election conducted

1-7 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 election that is conducted during the year

2-10 immediately succeeding the date the written statement is submitted to the

2-11 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 year

2-14 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. The provisions of this section do not authorize a person to vote by

2-41 absent ballot if he is not otherwise eligible to vote by absent ballot.

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

3-3 holidays, after the submission of a petition containing signatures which are

3-4 required to be verified pursuant to NRS 293.128, 293.165, 293.172,

3-5 293.200, 295.056, 298.109 [or 306.035,] , 306.035 or 306.110, the county

3-6 clerk shall determine the total number of signatures affixed to the

3-7 documents and forward that information to the secretary of state.

3-8 2. If the secretary of state finds that the total number of signatures filed

3-9 with all the county clerks is less than 100 percent of the required number of

3-10 registered voters, he shall so notify the person who submitted the petition

3-11 and the county clerks and no further action may be taken in regard to the

3-12 petition. If the petition is a petition to recall a county, district or municipal

3-13 officer, the secretary of state shall also notify the officer with whom the

3-14 petition is to be filed.

3-15 3. After the petition is submitted to the county clerk it must not be

3-16 handled by any other person except by an employee of the county clerk’s

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

3-20 signatures submitted to all the county clerks is 100 percent or more of the

3-21 number of registered voters needed to declare the petition sufficient, he

3-22 shall immediately so notify the county clerks. Within 9 days excluding

3-23 Saturdays, Sundays and holidays after notification, each of the county

3-24 clerks shall determine the number of registered voters who have signed the

3-25 documents submitted in his county.

3-26 2. If more than 500 names have been signed on the documents

3-27 submitted to him, a county clerk shall examine the signatures by sampling

3-28 them at random for verification. The random sample of signatures to be

3-29 verified must be drawn in such a manner that every signature which has

3-30 been submitted to the county clerk is given an equal opportunity to be

3-31 included in the sample. The sample must include an examination of at least

3-32 500 or 5 percent of the signatures, whichever is greater.

3-33 3. In determining from the records of registration the number of

3-34 registered voters who signed the documents, the county clerk may use the

3-35 signatures contained in the file of applications to register to vote. If the

3-36 county clerk uses that file, he shall ensure that every application in the file

3-37 is examined, including any application in his possession which may not yet

3-38 be entered into his records. The county clerk shall rely only on the

3-39 appearance of the signature and the address and date included with each

3-40 signature in making his determination.

3-41 4. Except as otherwise provided in subsection 6, upon completing the

3-42 examination, the county clerk shall immediately attach to the documents a

4-1 certificate properly dated, showing the result of his examination and

4-2 transmit the documents with the certificate to the secretary of state. A copy

4-3 of this certificate must be filed in the clerk’s office.

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

4-5 required to be verified pursuant to NRS 293.128, 293.165, 293.172,

4-6 293.200, 295.056, 298.109 , [or] 306.035 or 306.110 must be allowed to

4-7 witness the verification of the signatures. A public officer who is the

4-8 subject of a recall petition must also be allowed to witness the verification

4-9 of the signatures on the petition.

4-10 6. For any petition containing signatures which are required to be

4-11 verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035

4-12 or 306.110 for any county, district or municipal office within one county,

4-13 the county clerk shall not transmit to the secretary of state the documents

4-14 containing the signatures of the registered voters.

4-15 7. The secretary of state may by regulation establish further procedures

4-16 for carrying out the provisions of this section.

4-17 Sec. 6. NRS 293.1279 is hereby amended to read as follows:

4-18 293.1279 1. If the statistical sampling shows that the number of valid

4-19 signatures filed is 90 percent or more but less than 100 percent of the

4-20 number of signatures of registered voters needed to declare the petition

4-21 sufficient, the secretary of state shall order the county clerks to examine the

4-22 signatures for verification. The county clerks [must] shall examine the

4-23 signatures for verification until they determine that 100 percent of the

4-24 number of signatures of registered voters needed to declare the petition

4-25 sufficient are valid.

4-26 2. If the statistical sampling shows that the number of valid signatures

4-27 filed in any county is 90 percent or more but less than 100 percent of the

4-28 number of signatures of registered voters needed to constitute 10 percent of

4-29 the number of voters who voted at the last preceding general election in that

4-30 county, the secretary of state may order the county clerk in that county to

4-31 examine every signature for verification.

4-32 3. Within 12 days excluding Saturdays, Sundays and holidays after

4-33 receipt of such an order, the clerk shall determine from the records of

4-34 registration what number of registered voters have signed the petition. If

4-35 necessary, the board of county commissioners shall allow the county clerk

4-36 additional assistants for examining the signatures and provide for their

4-37 compensation. In determining from the records of registration what number

4-38 of registered voters have signed the petition, the clerk may use any file or

4-39 list of registered voters maintained by his office or facsimiles of voters’

4-40 signatures. The county clerk may rely on the appearance of the signature

4-41 and the address and date included with each signature in determining the

4-42 number of registered voters that signed the petition.

5-1 4. Except as otherwise provided in subsection 5, upon completing the

5-2 examination, the county clerk shall immediately attach to the documents of

5-3 the petition an amended certificate properly dated, showing the result of the

5-4 examination and shall immediately forward the documents with the

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

5-6 certificate must be filed in the county clerk’s office.

5-7 5. For any petition containing signatures which are required to be

5-8 verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035

5-9 or 306.110 for any county, district or municipal office within one county,

5-10 the county clerk shall not forward to the secretary of state the documents

5-11 containing the signatures of the registered voters.

5-12 6. Except for a petition to recall a county, district or municipal officer,

5-13 the petition shall be deemed filed with the secretary of state as of the date

5-14 on which he receives certificates from the county clerks showing the

5-15 petition to be signed by the requisite number of voters of the state.

5-16 7. If the amended certificates received from all county clerks by the

5-17 secretary of state establish that the petition is still insufficient, he shall

5-18 immediately so notify the petitioners and the county clerks. If the petition is

5-19 a petition to recall a county, district or municipal officer, the secretary of

5-20 state shall also notify the officer with whom the petition is to be filed.

5-21 Sec. 7. NRS 293.165 is hereby amended to read as follows:

5-22 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy

5-23 occurring in a major or minor political party nomination for office may be

5-24 filled by a candidate designated by the party central committee of the

5-25 county or state, as the case may be, subject to the provisions of subsections

5-26 4 and 5.

5-27 2. A vacancy occurring in a nonpartisan nomination after the close of

5-28 filing and on or before the [first] second Tuesday in [September] August

5-29 must be filled by filing a nominating petition that is signed by [at least]

5-30 registered voters of the state, county, district or municipality who may

5-31 vote for the office in question. The number of registered voters who sign

5-32 the petition must not be less than 1 percent of the number of persons [who

5-33 are registered to vote and] who voted for the office in question in the state,

5-34 county, district or municipality at the last preceding general election. The

5-35 petition must be filed not earlier than the first Tuesday in June and not later

5-36 than the [third] fourth Tuesday in [September.] August. The petition may

5-37 consist of more than one document. Each document must bear the name

5-38 of one county and must not be signed by a person who is not a registered

5-39 voter of that county. Each document of the petition must be submitted for

5-40 verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the

5-41 county clerk of the county named on the document. A candidate

5-42 nominated pursuant to the provisions of this subsection [may] :

6-1 (a) Must file a declaration of candidacy or acceptance of candidacy

6-2 and pay the statutory filing fee on or before the date the petition is filed;

6-3 and

6-4 (b) May be elected only at a general election and his name must not

6-5 appear on the ballot for a primary election.

6-6 3. A vacancy occurring in a nonpartisan nomination after [a primary

6-7 election] the second Tuesday in August and on or before the second

6-8 Tuesday in September must be filled by the person who [received] receives

6-9 the next highest vote for the nomination in the primary.

6-10 4. [Except to place a candidate nominated pursuant to subsection 2 on

6-11 the ballot, no] No change may be made on the ballot after the second

6-12 Tuesday in September of the year in which the general election is held. If a

6-13 nominee dies after that date, his name must remain on the ballot and, if

6-14 elected, a vacancy exists.

6-15 5. All designations provided for in this section must be filed before 5

6-16 p.m. on the second Tuesday in September. In each case, the statutory filing

6-17 fee must be paid and an acceptance of the designation must be filed before

6-18 5 p.m. on [that date.] the date the designation is filed.

6-19 Sec. 8. NRS 293.166 is hereby amended to read as follows:

6-20 293.166 1. A vacancy occurring in a party nomination for the office

6-21 of state senator or assemblyman from a legislative district comprising more

6-22 than one county may be filled as follows, subject to the provisions of

6-23 subsections 2 and 3. The county commissioners of each county , all or part

6-24 of which is included within the legislative district, shall meet to appoint a

6-25 person who is of the same political party as the former nominee and who

6-26 actually, as opposed to constructively, resides in the district to fill the

6-27 vacancy, under the chairmanship of the chairman of the board of county

6-28 commissioners of the county whose population residing within the district

6-29 is the greatest. Each board of county commissioners shall first meet

6-30 separately and determine the single candidate it will nominate to fill the

6-31 vacancy. Then , the boards shall meet jointly and the chairmen on behalf of

6-32 the boards shall cast a proportionate number of votes according to the

6-33 percent, rounded to the nearest whole percent, which the population of its

6-34 county is of the population of the entire district. Populations must be

6-35 determined by the last decennial census or special census conducted by the

6-36 Bureau of the Census of the United States Department of Commerce. The

6-37 person who receives a plurality of these votes is appointed to fill the

6-38 vacancy. If no person receives a plurality of the votes, the boards of county

6-39 commissioners of the respective counties shall each as a group select one

6-40 candidate, and the nominee must be chosen by drawing lots among the

6-41 persons so selected.

7-1 2. No change may be made on the ballot after the second Tuesday in

7-2 September of the year in which the general election is held. If a nominee

7-3 dies after that date, his name must remain on the ballot and, if elected, a

7-4 vacancy exists.

7-5 3. The designation of a nominee pursuant to this section must be filed

7-6 with the secretary of state before 5 p.m. of the second Tuesday in

7-7 September, and the statutory filing fee must be paid with the designation.

7-8 Sec. 9. NRS 293.1755 is hereby amended to read as follows:

7-9 293.1755 1. In addition to any other requirement provided by law, no

7-10 person may be a candidate for any office unless, for at least the 30 days

7-11 [before] immediately preceding the date of the close of filing of

7-12 declarations of candidacy or acceptances of candidacy for the office which

7-13 he seeks, he has [been a legal resident of] , in accordance with NRS

7-14 281.050, actually, as opposed to constructively, resided in the state,

7-15 district, county, township or other area prescribed by law to which the

7-16 office pertains and, if elected, over which he will have jurisdiction or which

7-17 he will represent.

7-18 2. Any person who knowingly and willfully files an acceptance of

7-19 candidacy or declaration of candidacy which contains a false statement in

7-20 this respect is guilty of a gross misdemeanor.

7-21 3. Any person convicted pursuant to the provisions of this section is

7-22 disqualified from entering upon the duties of the office for which he was a

7-23 candidate.

7-24 4. The provisions of this section do not apply to candidates for the

7-25 office of district attorney.

7-26 Sec. 10. NRS 293.177 is hereby amended to read as follows:

7-27 293.177 1. Except as otherwise provided in NRS 293.165, a name

7-28 may not be printed on a ballot to be used at a primary election unless the

7-29 person named has filed a declaration of candidacy or an acceptance of

7-30 candidacy, and paid the fee required by NRS 293.193 not earlier than the

7-31 first Monday in May of the year in which the election is to be held nor later

7-32 than 5 p.m. on the third Monday in May.

7-33 2. A declaration of candidacy or an acceptance of candidacy required

7-34 to be filed by this section must be in substantially the following form:

7-35 (a) For partisan office:

7-36 Declaration of Candidacy of ........ for the

7-37 Office of ................

7-38 State of Nevada

7-39 County of

8-1 For the purpose of having my name placed on the official ballot as a

8-2 candidate for the ................ Party nomination for the office of ………, I,

8-3 the undersigned …….., do swear or affirm under penalty of perjury that I

8-4 actually, as opposed to constructively, reside at ………., in the City or

8-5 Town of ……., County of ………., State of Nevada; that my actual , as

8-6 opposed to constructive, residence in the state, district, county, township,

8-7 city or other area prescribed by law to which the office pertains began on a

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

8-9 the close of filing of declarations of candidacy for this office; that I am

8-10 registered as a member of the ................ Party; that I have not, in violation

8-11 of the provisions of NRS 293.176, changed the designation of my political

8-12 party or political party affiliation on an official application to register to

8-13 vote in any state since September 1 before the closing filing date for this

8-14 election; that I generally believe in and intend to support the concepts

8-15 found in the principles and policies of that political party in the coming

8-16 election; that if nominated as a candidate of the ................ Party at the

8-17 ensuing election I will accept that nomination and not withdraw; that I will

8-18 not knowingly violate any election law or any law defining and prohibiting

8-19 corrupt and fraudulent practices in campaigns and elections in this state;

8-20 that I will qualify for the office if elected thereto, including, but not limited

8-21 to, complying with any limitation prescribed by the constitution and laws of

8-22 this state concerning the number of years or terms for which a person may

8-23 hold the office; and that I understand that my name will appear on all

8-24 ballots as designated in this declaration.

8-25

8-26 (Designation of name)

8-27

8-28 (Signature of candidate for office)

8-29 Subscribed and sworn to before

8-30 me this ..... day of ........, 19...

8-31

8-32 Notary Public or other person

8-33 authorized to administer an oath

8-34 (b) For nonpartisan office:

9-1 Declaration of Candidacy of ........ for the

9-2 Office of ................

9-3 State of Nevada

9-4 County of

9-5 For the purpose of having my name placed on the official ballot as a

9-6 candidate for the office of ................, I, the undersigned ................, do

9-7 swear or affirm under penalty of perjury that I actually, as opposed to

9-8 constructively, reside at ………, in the City or Town of ……., County of

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

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

9-10 prescribed by law to which the office pertains began on a date at least 30

9-11 days [or more before] immediately preceding the date of the close of filing

9-12 of declarations of candidacy for this office; that if nominated as a

9-13 nonpartisan candidate at the ensuing election I will accept the nomination

9-14 and not withdraw; that I will not knowingly violate any election law or any

9-15 law defining and prohibiting corrupt and fraudulent practices in campaigns

9-16 and elections in this state; that I will qualify for the office if elected thereto,

9-17 including, but not limited to, complying with any limitation prescribed by

9-18 the constitution and laws of this state concerning the number of years or

9-19 terms for which a person may hold the office; and my name will appear on

9-20 all ballots as designated in this declaration.

9-21

9-22 (Designation of name)

9-23

9-24 (Signature of candidate for office)

9-25 Subscribed and sworn to before

9-26 me this ..... day of ........, 19...

9-27

9-28 Notary Public or other person

9-29 authorized to administer an oath

9-30 3. A person may be a candidate under his given name and surname, a

9-31 contraction or familiar form of his given name followed by his surname or

9-32 the initial of his given name followed by his surname. A nickname of not

9-33 more than 10 letters may be incorporated into a candidate’s name. The

9-34 nickname must be in quotation marks and appear immediately before the

9-35 candidate’s surname. A nickname must not indicate any political,

10-1 economic, social or religious view or affiliation and must not be the name

10-2 of any person, living or dead, whose reputation is known on a statewide,

10-3 nationwide or worldwide basis, or in any other manner deceive a voter

10-4 regarding the person or principles for which he is voting.

10-5 4. The address of a candidate which must be included in the

10-6 declaration of candidacy or acceptance of candidacy pursuant to subsection

10-7 2 must be the street address of the residence where he actually , as opposed

10-8 to constructively, resides [,] in accordance with NRS 281.050, if one has

10-9 been assigned. The declaration or acceptance of candidacy must not be

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

10-11 unless a street address has not been assigned to his residence.

10-12 Sec. 11. NRS 293.181 is hereby amended to read as follows:

10-13 293.181 1. A candidate for the office of state senator or assemblyman

10-14 must execute and file with his declaration of candidacy or acceptance of

10-15 candidacy a declaration of residency which must be in substantially the

10-16 following form:

10-17 I, the undersigned , do swear or affirm under penalty of perjury that

10-18 I have been a citizen resident of this state as required by NRS

10-19 218.010 and have actually, as opposed to constructively, resided

10-20 [or intend to reside] at the following residence or residences [during

10-21 the 12 months immediately preceding the date of the general

10-22 election for the office for which I have filed.] since November 1 of

10-23 the preceding year:

10-24

10-25 Street Address Street Address

10-26

10-27 City or Town City or Town

10-28

10-29 State State

10-30 From To From To

10-31 Dates of Residency Dates of Residency

10-32

10-33 Street Address Street Address

10-34

10-35 City or Town City or Town

10-36

10-37 State State

10-38 From To From To

10-39 Dates of Residency Dates of Residency

10-40 (Attach additional sheet or sheets of residences as necessary)

11-1 2. Each address of a candidate which must be included in the

11-2 declaration of residency pursuant to subsection 1 must be the street

11-3 address of the residence where he actually , as opposed to

11-4 constructively, resided or resides [,] in accordance with NRS

11-5 281.050, if one has been assigned. The declaration of residency

11-6 must not be accepted for filing if any of the candidate’s addresses

11-7 are listed as a post office box, unless a street address has not been

11-8 assigned to the residence.

11-9 Sec. 12. NRS 293.200 is hereby amended to read as follows:

11-10 293.200 1. An independent candidate for partisan office must file

11-11 with the proper filing officer:

11-12 (a) A copy of the petition of candidacy that he intends to circulate for

11-13 signatures. The copy must be filed before the petition may be circulated.

11-14 (b) [A] If the office is a statewide office, a petition of candidacy signed

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

11-16 number of ballots cast in the state [or in the county or district electing that

11-17 officer] for that office at the last preceding general election in which a

11-18 person was elected to that office.

11-19 (c) If the office is a county office, a petition of candidacy signed by a

11-20 number of registered voters equal to at least 1 percent of the total number

11-21 of ballots cast in the county for that office at the last preceding general

11-22 election in which a person was elected to that office.

11-23 (d) If the office is a district office, a petition of candidacy signed by a

11-24 number of registered voters equal to at least 1 percent of the total number

11-25 of ballots cast in the district for that office at the last preceding general

11-26 election in which a person was elected to that office.

11-27 2. The petition may consist of more than one document. Each

11-28 document must bear the name of the county in which it was circulated and

11-29 only registered voters of that county may sign the document. The person

11-30 who circulates the document must be a registered voter of that county. If

11-31 the office is a district office, only the registered voters of that district may

11-32 sign the document. The documents which are circulated for signature in a

11-33 county must be submitted to that county clerk for verification in the manner

11-34 prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days

11-35 before filing the petition of candidacy with the proper filing officer. Each

11-36 signer shall add to his signature the address of the place at which he

11-37 actually resides, the date that he signs the petition and the name of the

11-38 county where he is registered to vote for the purpose of determining

11-39 whether he is a registered voter. The person who circulates each document

11-40 of the petition shall sign an affidavit attesting that the signatures on the

11-41 document are genuine to the best of his knowledge and belief and were

11-42 signed in his presence by persons registered to vote in that county.

11-43 3. The petition of candidacy may state the principle, if any, which the

11-44 person qualified represents.

12-1 4. Petitions of candidacy must be filed not earlier than the first Monday

12-2 in May preceding the general election and not later than 5 p.m. on the third

12-3 Tuesday in August.

12-4 5. No petition of candidacy may contain the name of more than one

12-5 candidate for each office to be filled.

12-6 6. A person may not file as an independent candidate if he is proposing

12-7 to run as the candidate of a political party.

12-8 7. The names of independent candidates must be placed on the general

12-9 election ballot and must not appear on the primary election ballot.

12-10 8. If the candidacy of any person seeking to qualify pursuant to this

12-11 section is challenged, all affidavits and documents in support of the

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

12-13 August. Any judicial proceeding resulting from the challenge must be set

12-14 for hearing not more than 5 days after the fourth Tuesday in August.

12-15 9. Any challenge pursuant to subsection 8 must be filed with:

12-16 (a) The first judicial district court if the petition of candidacy was filed

12-17 with the secretary of state.

12-18 (b) The district court for the county where the petition of candidacy was

12-19 filed if the petition was filed with a county clerk.

12-20 10. An independent candidate for partisan office must file a declaration

12-21 of candidacy with the proper filing officer and pay the fee required by NRS

12-22 293.193 not earlier than the first Monday in May of the year in which the

12-23 election is held nor later than 5 p.m. of the first Wednesday in July.

12-24 Sec. 13. NRS 293.272 is hereby amended to read as follows:

12-25 293.272 1. Except as otherwise provided in subsection 2, a person

12-26 who registered to vote pursuant to the provisions of NRS 293.5235, shall,

12-27 for the first election in which he votes at which that registration is valid,

12-28 vote in person unless he has previously voted in the county in which he is

12-29 registered to vote.

12-30 2. The provisions of subsection 1 do not apply to a person who:

12-31 (a) Is entitled to vote in the manner prescribed in NRS 293.343 to

12-32 293.355, inclusive;

12-33 (b) Is entitled to vote an absent ballot pursuant to federal law or section

12-34 2 of this act or NRS 293.316;

12-35 (c) Submits or has previously submitted a written request for an absent

12-36 ballot that is signed by the registered voter before a notary public or other

12-37 person authorized to administer an oath; or

12-38 (d) Requests an absent ballot in person at the office of the county clerk.

12-39 Sec. 14. NRS 293.296 is hereby amended to read as follows:

12-40 293.296 1. Any registered voter who by reason of a physical

12-41 disability or an inability to read or write English is unable to mark a ballot

12-42 or use any voting device without assistance is entitled to assistance from a

12-43 consenting person of his own choice, except:

13-1 (a) The voter’s employer or his agent; or

13-2 (b) An officer or agent of the voter’s labor organization.

13-3 2. A person providing assistance pursuant to this section to a

13-4 [disabled] voter in casting his vote shall not disclose any information with

13-5 respect to the casting of that ballot.

13-6 3. The right to assistance in casting a ballot may not be denied or

13-7 impaired when the need for assistance is apparent or is known to the

13-8 election board or any member thereof, but the election board may require a

13-9 registered voter to sign a statement that he requires assistance in casting his

13-10 vote by reason of a physical disability or an inability to read or write

13-11 English when the need for assistance is not apparent or no member of the

13-12 election board has knowledge thereof. The statement must be executed

13-13 under penalty of perjury.

13-14 4. In addition to complying with the requirements of this section, the

13-15 county clerk and election board officer shall, upon the request of a

13-16 registered voter with a physical disability, make reasonable

13-17 accommodations to allow the voter to vote at his polling place.

13-18 Sec. 15. NRS 293.309 is hereby amended to read as follows:

13-19 293.309 1. The county clerk of each county shall prepare an absent

13-20 ballot for the use of registered voters who have requested absent ballots.

13-21 The county clerk shall make reasonable accommodations for the use of

13-22 the absent ballot by an elderly or disabled person.

13-23 2. The ballot must be prepared and ready for distribution to a

13-24 registered voter who:

13-25 (a) Resides within the state, not later than 20 days before the election in

13-26 which it is to be used; or

13-27 (b) Resides outside the state, not later than 40 days before a primary or

13-28 general election, if possible.

13-29 3. Any legal action which would prevent the ballot from being issued

13-30 pursuant to subsection 2 is moot and of no effect.

13-31 Sec. 16. NRS 293.316 is hereby amended to read as follows:

13-32 293.316 1. Any registered voter who is unable to go to the polls

13-33 [because] :

13-34 (a) Because of an illness or disability resulting in his confinement in a

13-35 hospital, sanatorium, dwelling or nursing home [may request in a written

13-36 statement, signed by him, that the county clerk send him an absent ballot.

13-37 The clerk shall deliver the ballot, at the office of the county clerk, to any

13-38 authorized representative of the voter possessing a written statement signed

13-39 by the voter stating that he is confined to a dwelling or is a patient in a

13-40 hospital, sanatorium or nursing home, and that he will be confined therein

13-41 on election day. If any registered voter is] ; or

14-1 (b) Because he is suddenly hospitalized , [or] becomes seriously ill or is

14-2 called away from home after the time has elapsed for requesting an absent

14-3 ballot as provided in NRS 293.315, [and is unable to vote at the polling

14-4 place, he may apply]

14-5 may submit a written request to the county clerk for an absent ballot . The

14-6 request may be submitted at any time before 5 p.m. on the day of the

14-7 election. [The]

14-8 2. If the county clerk determines that a request submitted pursuant to

14-9 subsection 1 includes the information required pursuant to subsection 3,

14-10 the county clerk shall [issue] , at the office of the county clerk, deliver an

14-11 absent ballot [upon satisfactory proof of the emergency.

14-12 2. After] to the person designated in the request to obtain the ballot

14-13 for the registered voter.

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

14-15 (a) The name, address and signature of the registered voter requesting

14-16 the absent ballot;

14-17 (b) The name, address and signature of the person designated by the

14-18 registered voter to obtain, deliver and return the ballot for the registered

14-19 voter;

14-20 (c) A brief statement of the illness or disability of the registered voter

14-21 or of facts sufficient to establish that the registered voter was called away

14-22 from home after the time had elapsed for requesting an absent ballot;

14-23 (d) If the voter is confined in a hospital, sanatorium, dwelling or

14-24 nursing home, a statement that he will be confined therein on the day of

14-25 the election; and

14-26 (e) Unless the person designated pursuant to paragraph (b) will mark

14-27 and sign an absent ballot on behalf of the registered voter pursuant to

14-28 subsection 5, a statement signed under penalty of perjury that only the

14-29 registered voter will mark and sign the ballot.

14-30 4. Except as otherwise provided in subsection 5, after marking his

14-31 ballot the voter must [place] :

14-32 (a) Place it in the identification envelope [. He must affix] ;

14-33 (b) Affix his signature on the back of the envelope ; and [return]

14-34 (c) Return it to the office of the county clerk.

14-35 [3.] 5. A person designated in a request submitted pursuant to

14-36 subsection 1 may, on behalf of and at the direction of the registered

14-37 voter, mark and sign the absent ballot. If the person marks and signs the

14-38 ballot, the person shall indicate next to his signature that the ballot has

14-39 been marked and signed on behalf of the registered voter.

14-40 6. A request for [a] an absent ballot submitted pursuant to this section

14-41 must be made, and the ballot delivered to the voter and returned to the

14-42 county clerk, not later than the time the polls close on election day.

15-1 [4.] 7. The procedure authorized by this section is subject to all other

15-2 provisions of this chapter relating to voting by absent ballot [voting insofar

15-3 as] to the extent that those provisions are not inconsistent with the

15-4 provisions of this section.

15-5 Sec. 17. NRS 293.330 is hereby amended to read as follows:

15-6 293.330 1. When an absent voter receives his ballot, he must mark

15-7 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

15-8 punching a card, in accordance with the instructions, deposit it in the return

15-9 envelope, seal the envelope, affix his signature on the back of the envelope

15-10 in the space provided therefor and mail the return envelope.

15-11 2. If the absent voter who has received a ballot by mail applies to vote

15-12 the ballot in person at:

15-13 (a) The county clerk’s office, he must mark or punch the ballot, seal it in

15-14 the return envelope and affix his signature in the same manner as provided

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

15-16 (b) A polling place, he must surrender the absent ballot and provide

15-17 satisfactory identification before being issued a ballot to vote at the polling

15-18 place. A person who receives a surrendered absent ballot shall mark it

15-19 "Canceled."

15-20 3. Except as otherwise provided in NRS 293.316, it is unlawful for any

15-21 person to return an absent ballot other than the voter who requested [an]

15-22 the absent ballot [to return it.] or, at the request of the voter, a member of

15-23 his family. A person who returns an absent ballot and who is a member

15-24 of the family of the voter who requested the absent ballot shall, under

15-25 penalty of perjury, indicate on a form prescribed by the county clerk that

15-26 he is a member of the family of the voter who requested the absent ballot

15-27 and that the voter requested that he return the absent ballot. A person

15-28 who violates the provisions of this subsection is guilty of a category E

15-29 felony and shall be punished as provided in NRS 193.130.

15-30 Sec. 18. NRS 293.359 is hereby amended to read as follows:

15-31 293.359 [1.] The ballot box for early voting in which voted ballots

15-32 which are paper ballots or ballots which are voted by punching a card are

15-33 deposited must have two [locks, each with a different key] numbered seals,

15-34 and must be designed and constructed so that the box can be sealed to

15-35 detect any unauthorized opening of the box and that the ballot slot can be

15-36 sealed to prevent any unauthorized deposit in the box. The seals for the

15-37 boxes must be serially numbered for each election.

15-38 [2. During the period for early voting by personal appearance, the

15-39 county clerk shall keep the key to one of the locks to the ballot box for

15-40 early voting and a designated custodian, not under the authority of the

15-41 county clerk, shall keep the key to the second lock.

15-42 3. Each custodian shall retain possession of the key entrusted to him

15-43 until it is delivered to the ballot board for early voting.]

16-1 Sec. 19. NRS 293.3602 is hereby amended to read as follows:

16-2 293.3602 If paper ballots or ballots which are voted by punching a

16-3 card are used during the period for early voting by personal appearance:

16-4 1. The ballots voted at the permanent or temporary polling place must

16-5 be delivered by an election board officer to the county clerk’s office at the

16-6 close of each voting day. The seal on the ballot box must indicate the

16-7 number of voted ballots contained in that box for that day.

16-8 2. When the ballot box is delivered pursuant to subsection 1, the

16-9 county clerk shall provide a new ballot box [locked] sealed in the manner

16-10 prescribed in NRS 293.359.

16-11 3. At the close of the fourth voting day before the last day to vote early

16-12 and at the close of each of the 3 days thereafter, the county clerk shall

16-13 deliver all ballots voted to the ballot board for early voting. At the close of

16-14 the last voting day, the county clerk shall deliver to the ballot board for

16-15 early voting:

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

16-17 personal appearance ; [and his key to each box;]

16-18 (b) A voting roster of all persons who voted early by personal

16-19 appearance; and

16-20 (c) Any list of registered voters used in conducting early voting.

16-21 4. [Upon the call of the chairmen of the board, the custodian of the key

16-22 to the second lock on the ballot boxes shall deliver his key for each box to

16-23 the presiding officer.

16-24 5.] Upon the receipt of ballots, the board shall:

16-25 (a) Remove all ballots from the ballot boxes and sort the ballots by

16-26 precinct or voting district;

16-27 (b) Count the number of ballots by precinct or voting district;

16-28 (c) Account for all ballots on an official statement of ballots; and

16-29 (d) Place all official ballots in the container provided to transport those

16-30 items to a central counting place and seal the container with a numbered

16-31 seal. The official statement of ballots must accompany the voted ballots to

16-32 the central counting place.

16-33 [6.] 5. The county clerk shall allow members of the general public to

16-34 observe the handling of the ballots pursuant to subsection [5] 4 if those

16-35 members do not interfere with the handling of the ballots.

16-36 Sec. 20. NRS 293.391 is hereby amended to read as follows:

16-37 293.391 1. The voted ballots, rejected ballots, spoiled ballots,

16-38 [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts,

16-39 records printed on paper of voted ballots collected pursuant to NRS

16-40 293B.400 and stubs of the ballots used, enclosed and sealed, must, after

16-41 canvass of the votes by the board of county commissioners, be deposited in

16-42 the vaults of the county clerk, and preserved for at least 22 months. All

16-43 such sealed materials must be destroyed immediately after the preservation

17-1 period. A notice of the destruction must be published by the clerk in at least

17-2 one newspaper of general circulation in the county not less than 2 weeks

17-3 before the destruction. Unused ballots, enclosed and sealed, must, after

17-4 canvass of the votes by the board of county commissioners, be deposited

17-5 in the vaults of the county clerk and preserved for at least the period

17-6 during which the election may be contested and adjudicated, after which

17-7 the unused ballots may be destroyed.

17-8 2. The pollbooks containing the signatures of those persons who voted

17-9 in the election and the tally lists deposited with the board of county

17-10 commissioners are subject to the inspection of any elector who may wish to

17-11 examine them at any time after their deposit with the county clerk.

17-12 3. A contestant of an election may inspect all of the material regarding

17-13 that election which is preserved pursuant to subsection 1, except the voted

17-14 ballots.

17-15 4. The voted ballots deposited with the county clerk are not subject to

17-16 the inspection of anyone, except in cases of contested election, and then

17-17 only by the judge, body or board before whom the election is being

17-18 contested, or by the parties to the contest, jointly, pursuant to an order of

17-19 such judge, body or board.

17-20 Sec. 21. NRS 293.404 is hereby amended to read as follows:

17-21 293.404 1. Where a recount is demanded pursuant to the provisions

17-22 of NRS 293.403, the:

17-23 (a) County clerk of each county affected by the recount shall employ a

17-24 recount board to conduct the recount in the county, and shall act as

17-25 chairman of the recount board unless the recount is for the office of county

17-26 clerk, in which case the chairman of the board of county commissioners

17-27 shall act as chairman of the recount board. At least one member of the

17-28 board of county commissioners must be present at the recount.

17-29 (b) City clerk shall employ a recount board to conduct the recount in the

17-30 city, and shall act as chairman of the recount board unless the recount is for

17-31 the office of city clerk, in which case the mayor of the city shall act as

17-32 chairman of the recount board. At least one member of the city council

17-33 must be present at the recount.

17-34 Each candidate for the office affected by the recount and the voter who

17-35 demanded the recount, if any, may be present in person or by an authorized

17-36 representative, but may not be a member of the recount board.

17-37 2. Except in counties or cities using a mechanical voting system, the

17-38 recount must include a count and inspection of all ballots, including

17-39 rejected ballots, and must determine whether those ballots are marked as

17-40 required by law.

17-41 3. If a recount is demanded in a county or city using a mechanical

17-42 voting system, the person who demanded the recount shall select the ballots

17-43 for the office or ballot question affected from 5 percent of the precincts, but

18-1 in no case fewer than three precincts, after consultation with each candidate

18-2 for the office or his authorized representative. The recount board shall

18-3 examine the selected ballots, including any duplicate or rejected ballots,

18-4 shall determine whether the ballots have been voted in accordance with this

18-5 Title and shall count the valid ballots by hand. [A] In addition, a recount

18-6 by computer must be made of all the selected ballots. If the count by hand

18-7 or the recount by computer of the selected ballots [or the recount] shows a

18-8 discrepancy [of] equal to or greater than 1 percent or [more for either

18-9 candidate,] 5 votes, whichever is greater, for any candidate for the office,

18-10 or in favor of or against a ballot question, from the original canvass of the

18-11 returns, the county or city clerk shall order a count by hand of all the ballots

18-12 for that office. [If there is not a discrepancy of 1 percent or more,]

18-13 Otherwise, the county or city clerk [shall not order such a count, but] shall

18-14 order a recount by computer of all the ballots for the office.

18-15 4. The county or city clerk shall unseal and give to the recount board

18-16 all ballots to be counted.

18-17 5. In the case of a demand for a recount affecting more than one

18-18 county, the demand must be made to the secretary of state, who shall notify

18-19 the county clerks to proceed with the recount.

18-20 Sec. 22. NRS 293.525 is hereby amended to read as follows:

18-21 293.525 1. Any elector who is presently registered and has changed

18-22 his residence after the last preceding general election and who fails to

18-23 return or never receives a postcard mailed pursuant to NRS 293.5235,

18-24 293.530 [,] or 293.535 who moved:

18-25 (a) From one precinct to another or from one congressional district to

18-26 another within the same county must be allowed to vote in the precinct

18-27 where he previously resided after he provides an oral or written affirmation

18-28 before an election board officer attesting to his new address.

18-29 (b) Within the same precinct must be allowed to vote after he provides

18-30 an oral or written affirmation before an election board officer attesting to

18-31 his new address.

18-32 2. If an elector alleges that the records in the registrar of voters’

18-33 register or the election board register incorrectly indicate that he has

18-34 changed his residence, he must be permitted to vote after he provides an

18-35 oral or written affirmation before an election board officer attesting that he

18-36 continues to reside at the same address.

18-37 3. If an elector refuses to provide an oral or written affirmation

18-38 attesting to his address as required by this section, he may only vote at the

18-39 special polling place in the county in the manner set forth in NRS 293.304.

18-40 4. The county clerk shall use any information regarding the current

18-41 address of an elector obtained pursuant to this section to correct

18-42 information in the registrar of voters’ register and the election board

18-43 register.

19-1 Sec. 23. NRS 293.547 is hereby amended to read as follows:

19-2 293.547 1. After the 30th day but not later than the [15th] 25th day

19-3 before any election, a written challenge may be filed with the county clerk.

19-4 2. A registered voter may file a written challenge if:

19-5 (a) He is registered to vote in the same precinct or district as the person

19-6 whose right to vote is challenged; or

19-7 (b) The challenge is based on the personal knowledge of the registered

19-8 voter.

19-9 3. The challenge must be signed and verified by the registered voter

19-10 and name the person whose right to vote is challenged and the ground of

19-11 the challenge.

19-12 4. A challenge filed pursuant to this section must not contain the name

19-13 of more than one person whose right to vote is challenged. The county

19-14 clerk shall not accept for filing any challenge which contains more than one

19-15 such name.

19-16 5. The county clerk shall file the challenge in the registrar of voters’

19-17 register and:

19-18 (a) In counties where records of registration are not kept by computer,

19-19 he shall attach a copy of the challenge to the challenged registration in the

19-20 election board register.

19-21 (b) In counties where records of registration are kept by computer, he

19-22 shall have the challenge printed on the computer entry for the challenged

19-23 registration and add a copy of it to the election board register.

19-24 6. The county clerk shall, within 5 days after a challenge is filed, mail a

19-25 notice to the person whose right to vote has been challenged pursuant to

19-26 this section informing him of the challenge. A copy of the challenge must

19-27 accompany the notice.

19-28 Sec. 24. Chapter 293C of NRS is hereby amended by adding thereto

19-29 the provisions set forth as sections 25 and 26 of this act.

19-30 Sec. 25. 1. A registered voter who, because of a physical disability,

19-31 is unable to mark or sign a ballot or use a voting device without

19-32 assistance may submit a written statement to the appropriate city clerk

19-33 requesting that he receive an absent ballot for each city election

19-34 conducted during the period specified in subsection 3.

19-35 2. A written statement submitted pursuant to subsection 1 must:

19-36 (a) Include a statement from a physician licensed in this state

19-37 certifying that the registered voter is a person with a physical disability

19-38 and, because of the physical disability, he is unable to mark or sign a

19-39 ballot or use a voting device without assistance;

19-40 (b) Designate the person who will assist the registered voter in

19-41 marking and signing the absent ballot on behalf of the registered voter;

19-42 and

20-1 (c) Include the name, address and signature of the person designated

20-2 pursuant to paragraph (b).

20-3 3. Upon receipt of a written statement submitted by a registered voter

20-4 pursuant to subsection 1, the city clerk shall, if the statement includes the

20-5 information required pursuant to subsection 2, issue an absent ballot to

20-6 the registered voter for each city election that is conducted during the

20-7 year immediately succeeding the date the written statement is submitted

20-8 to the city clerk.

20-9 4. To determine whether a registered voter is entitled to receive an

20-10 absent ballot pursuant to this section, the city clerk may, every year after

20-11 an absent ballot is issued to a registered voter pursuant to subsection 3,

20-12 require the registered voter to submit a statement from a licensed

20-13 physician as specified in paragraph (a) of subsection 2. If a statement

20-14 from a physician licensed in this state submitted pursuant to this

20-15 subsection indicates that the registered voter is no longer physically

20-16 disabled, the city clerk shall not issue an absent ballot to the registered

20-17 voter pursuant to this section.

20-18 5. A person designated pursuant to paragraph (b) of subsection 2

20-19 may, on behalf of and at the direction of the registered voter, mark and

20-20 sign an absent ballot issued to the registered voter pursuant to the

20-21 provisions of this section. If the person marks and signs the ballot, the

20-22 person shall indicate next to his signature that the ballot has been

20-23 marked and signed on behalf of the registered voter.

20-24 6. The procedure authorized pursuant to this section is subject to all

20-25 other provisions of this chapter relating to voting by absent ballot to the

20-26 extent that those provisions are not inconsistent with the provisions of

20-27 this section.

20-28 Sec. 26. 1. A person who, during the 6 months immediately

20-29 preceding an election, mails to more than a total of 500 registered voters

20-30 a form to request an absent ballot for the election shall:

20-31 (a) Mail the form prescribed by the secretary of state;

20-32 (b) Not later than 14 days before mailing such a form, notify the city

20-33 clerk of each city to which a form will be mailed of the number of forms

20-34 to be mailed to voters in the city and the date of the mailing of the forms;

20-35 and

20-36 (c) Not mail such a form later than 21 days before the election.

20-37 2. The provisions of this section do not authorize a person to vote by

20-38 absent ballot if he is not otherwise eligible to vote by absent ballot.

20-39 Sec. 27. NRS 293C.185 is hereby amended to read as follows:

20-40 293C.185 1. Except as otherwise provided in NRS 293C.190, a name

20-41 may not be printed on a ballot to be used at a primary city election, unless

20-42 the person named has filed a declaration of candidacy or an acceptance of

20-43 candidacy and paid the fee established by the governing body of the city

21-1 not earlier than 40 days before the primary city election and not later than 5

21-2 p.m. on the 30th day before the primary city election.

21-3 2. A declaration of candidacy required to be filed by this section must

21-4 be in substantially the following form:

21-5 Declaration of Candidacy of ........ for the

21-6 Office of ................

21-7 State of Nevada

21-8

21-9 City of

21-10 For the purpose of having my name placed on the official ballot as a

21-11 candidate for the office of ................, I, the undersigned ................, do

21-12 swear or affirm under penalty of perjury that I actually, as opposed to

21-13 constructively, reside at ......................, in the City or Town of ................,

21-14 County of .................., State of Nevada; that my actual , as opposed to

21-15 constructive, residence in the city, township or other area prescribed by law

21-16 to which the office pertains began on a date at least 30 days [or more

21-17 before] immediately preceding the date of the close of filing of

21-18 declarations of candidacy for this office; that if nominated as a candidate at

21-19 the ensuing election I will accept the nomination and not withdraw; that I

21-20 will not knowingly violate any election law or any law defining and

21-21 prohibiting corrupt and fraudulent practices in campaigns and elections in

21-22 this state; that I will qualify for the office if elected thereto, including, but

21-23 not limited to, complying with any limitation prescribed by the constitution

21-24 and laws of this state concerning the number of years or terms for which a

21-25 person may hold the office; and my name will appear on all ballots as

21-26 designated in this declaration.

21-27

21-28 (Designation of name)

21-29

21-30 (Signature of candidate for office)

21-31 Subscribed and sworn to before

21-32 me this ..... day of ........, 19...

21-33

21-34 Notary Public or other person

21-35 authorized to administer an oath

22-1 3. A person may be a candidate under his given name and surname, a

22-2 contraction or familiar form of his given name followed by his surname or

22-3 the initial of his given name followed by his surname. A nickname of not

22-4 more than 10 letters may be incorporated into a candidate’s name. The

22-5 nickname must be in quotation marks and appear immediately before the

22-6 candidate’s surname. A nickname must not indicate any political,

22-7 economic, social or religious view or affiliation and must not be the name

22-8 of any person, living or dead, whose reputation is known on a statewide,

22-9 nationwide or worldwide basis, or in any other manner deceive a voter

22-10 concerning the person or principles for which he is voting.

22-11 4. The address of a candidate that must be included in the declaration

22-12 or acceptance of candidacy pursuant to subsection 2 must be the street

22-13 address of the residence where he actually , as opposed to constructively,

22-14 resides [,] in accordance with NRS 281.050, if one has been assigned. The

22-15 declaration or acceptance of candidacy must not be accepted for filing if

22-16 the candidate’s address is listed as a post office box unless a street address

22-17 has not been assigned to his residence.

22-18 Sec. 28. NRS 293C.200 is hereby amended to read as follows:

22-19 293C.200 1. In addition to any other requirement provided by law,

22-20 no person may be a candidate for a city office unless, for at least the 30

22-21 days [before] immediately preceding the date of the close of filing of

22-22 declarations or acceptances of candidacy for the office that he seeks, he has

22-23 [been a legal resident of] in accordance with NRS 281.050, actually, as

22-24 opposed to constructively, resided in the city or other area prescribed by

22-25 law to which the office pertains and, if elected, over which he will have

22-26 jurisdiction or which he will represent.

22-27 2. Any person who knowingly and willfully files a declaration of

22-28 candidacy or an acceptance of candidacy that contains a false statement in

22-29 this respect is guilty of a gross misdemeanor.

22-30 3. Any person convicted pursuant to the provisions of this section is

22-31 disqualified from entering upon the duties of the office for which he was a

22-32 candidate.

22-33 Sec. 29. NRS 293C.265 is hereby amended to read as follows:

22-34 293C.265 1. Except as otherwise provided in subsection 2, a person

22-35 who registered to vote pursuant to the provisions of NRS 293.5235, shall,

22-36 for the first city election in which he votes at which that registration is

22-37 valid, vote in person unless he has previously voted in the county in which

22-38 he is registered to vote.

22-39 2. The provisions of subsection 1 do not apply to a person who:

22-40 (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to

22-41 293C.352, inclusive;

22-42 (b) Is entitled to vote an absent ballot pursuant to federal law or section

22-43 25 of this act or NRS 293C.317;

23-1 (c) Submits or has previously submitted a written request for an absent

23-2 ballot that is signed by the registered voter before a notary public or other

23-3 person authorized to administer an oath; or

23-4 (d) Requests an absent ballot in person at the office of the city clerk.

23-5 Sec. 30. NRS 293C.282 is hereby amended to read as follows:

23-6 293C.282 1. Any registered voter who, because of a physical

23-7 disability or an inability to read or write English, is unable to mark a ballot

23-8 or use any voting device without assistance is entitled to assistance from a

23-9 consenting person of his own choice, except:

23-10 (a) The voter’s employer or his agent; or

23-11 (b) An officer or agent of the voter’s labor organization.

23-12 2. A person providing assistance pursuant to this section to a

23-13 [disabled] voter in casting his vote shall not disclose any information with

23-14 respect to the casting of that ballot.

23-15 3. The right to assistance in casting a ballot may not be denied or

23-16 impaired when the need for assistance is apparent or is known to the

23-17 election board or any member thereof, but the election board may require a

23-18 registered voter to sign a statement that he requires assistance in casting his

23-19 vote because of a physical disability or an inability to read or write English

23-20 when the need for assistance is not apparent or no member of the election

23-21 board has knowledge thereof. The statement must be executed under

23-22 penalty of perjury.

23-23 4. In addition to complying with the requirements of this section, the

23-24 city clerk and election board officer shall, upon the request of a

23-25 registered voter with a physical disability, make reasonable

23-26 accommodations to allow the voter to vote at his polling place.

23-27 Sec. 31. NRS 293C.305 is hereby amended to read as follows:

23-28 293C.305 1. The city clerk shall prepare an absent ballot for the use

23-29 of registered voters who have requested absent ballots. The city clerk shall

23-30 make reasonable accommodations for the use of the absent ballot by an

23-31 elderly or disabled person.

23-32 2. The ballot must be prepared and ready for distribution to a

23-33 registered voter who resides within or outside this state, not later than 20

23-34 days before the election in which it will be used.

23-35 3. Any legal action that would prevent the ballot from being issued

23-36 pursuant to subsection 2 is moot and of no effect.

23-37 Sec. 32. NRS 293C.317 is hereby amended to read as follows:

23-38 293C.317 1. Any registered voter who is unable to go to the polls

23-39 [because] :

23-40 (a) Because of an illness or disability resulting in his confinement in a

23-41 hospital, sanatorium, dwelling or nursing home [may request in a written

23-42 statement, signed by him, that the city clerk send him an absent ballot. The

23-43 city clerk shall deliver the ballot, at the office of the city clerk, to any

24-1 authorized representative of the voter possessing a written statement signed

24-2 by the voter stating that he is confined to a dwelling or is a patient in a

24-3 hospital, sanatorium or nursing home and that he will be confined therein

24-4 on election day. If any registered voter is] ; or

24-5 (b) Because he is suddenly hospitalized , [or] becomes seriously ill or is

24-6 called away from home after the time has elapsed for requesting an absent

24-7 ballot as provided in NRS 293C.312 [and is unable to vote at the polling

24-8 place, he may apply] ,

24-9 may submit a written request to the city clerk for an absent ballot . The

24-10 request may be submitted at any time before 5 p.m. on the day of the

24-11 election. [The]

24-12 2. If the city clerk determines that a request submitted pursuant to

24-13 subsection 1 includes the information required pursuant to subsection 3,

24-14 the city clerk shall [issue] , at the office of the city clerk, deliver an absent

24-15 ballot [upon satisfactory proof of the emergency.

24-16 2. After] to the person designated in the request to obtain the ballot

24-17 for the registered voter.

24-18 3. A written request submitted pursuant to subsection 1 must include:

24-19 (a) The name, address and signature of the registered voter requesting

24-20 the absent ballot;

24-21 (b) The name, address and signature of the person designated by the

24-22 registered voter to obtain, deliver and return the ballot for the registered

24-23 voter;

24-24 (c) A brief statement of the illness or disability of the registered voter

24-25 or of facts sufficient to establish that the registered voter was called away

24-26 from home after the time had elapsed for requesting an absent ballot;

24-27 (d) If the voter is confined in a hospital, sanatorium, dwelling or

24-28 nursing home, a statement that he will be confined therein on the day of

24-29 the election; and

24-30 (e) Unless the person designated pursuant to paragraph (b) will mark

24-31 and sign an absent ballot on behalf of the registered voter pursuant to

24-32 subsection 5, a statement signed under penalty of perjury that only the

24-33 registered voter will mark and sign the ballot.

24-34 4. Except as otherwise provided in subsection 5, after marking his

24-35 ballot the voter must [place] :

24-36 (a) Place it in the identification envelope [. The voter must affix] ;

24-37 (b) Affix his signature on the back of the envelope ; and [return]

24-38 (c) Return it to the office of the city clerk.

24-39 [3.] 5. A person designated in a request submitted pursuant to

24-40 subsection 1 may, on behalf of and at the direction of the registered

24-41 voter, mark and sign the absent ballot. If the person marks and signs the

24-42 ballot, the person shall indicate next to his signature that the ballot has

24-43 been marked and signed on behalf of the registered voter.

25-1 6. A request for [a] an absent ballot submitted pursuant to this section

25-2 must be made, and the ballot delivered to the voter and returned to the city

25-3 clerk, not later than the time the polls close on election day.

25-4 [4.] 7. The procedure authorized by this section is subject to all other

25-5 provisions of this chapter relating to voting by absent ballot [voting insofar

25-6 as] to the extent that those provisions are not inconsistent with the

25-7 provisions of this section.

25-8 Sec. 33. NRS 293C.330 is hereby amended to read as follows:

25-9 293C.330 1. When an absent voter receives his ballot, he must mark

25-10 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

25-11 punching a card, in accordance with the instructions, deposit it in the return

25-12 envelope, seal the envelope, affix his signature on the back of the envelope

25-13 in the space provided therefor and mail the return envelope.

25-14 2. If the absent voter who has received a ballot by mail applies to vote

25-15 the ballot in person at:

25-16 (a) The city clerk’s office, he must mark or punch the ballot, seal it in

25-17 the return envelope and affix his signature in the same manner as provided

25-18 in subsection 1, and deliver the envelope to the city clerk.

25-19 (b) A polling place, he must surrender the absent ballot and provide

25-20 satisfactory identification before being issued a ballot to vote at the polling

25-21 place. A person who receives a surrendered absent ballot shall mark it

25-22 "Canceled."

25-23 3. Except as otherwise provided in NRS 293C.317, it is unlawful for

25-24 any person to return an absent ballot other than the voter who requested

25-25 [an] the absent ballot [to return it.] or, at the request of the voter, a

25-26 member of his family. A person who returns an absent ballot and who is

25-27 a member of the family of the voter who requested the absent ballot shall,

25-28 under penalty of perjury, indicate on a form prescribed by the city clerk

25-29 that he is a member of the family of the voter who requested the absent

25-30 ballot and that the voter requested that he return the absent ballot. A

25-31 person who violates the provisions of this subsection is guilty of a category

25-32 E felony and shall be punished as provided in NRS 193.130.

25-33 Sec. 34. NRS 293C.359 is hereby amended to read as follows:

25-34 293C.359 [1.] The ballot box for early voting in which voted ballots

25-35 which are paper ballots or ballots which are voted by punching a card are

25-36 deposited must have two [locks, each with a different key] numbered seals,

25-37 and must be designed and constructed so that the box can be sealed to

25-38 detect any unauthorized opening of the box and that the ballot slot can be

25-39 sealed to prevent any unauthorized deposit in the box. The seals for the

25-40 boxes must be serially numbered for each election.

26-1 [2. During the period for early voting by personal appearance, the city

26-2 clerk shall keep the key to one of the locks to the ballot box for early voting

26-3 and a designated custodian, not under the authority of the city clerk, shall

26-4 keep the key to the second lock.

26-5 3. Each custodian shall retain possession of the key entrusted to him

26-6 until it is delivered to the ballot board for early voting.]

26-7 Sec. 35. NRS 293C.3602 is hereby amended to read as follows:

26-8 293C.3602 If paper ballots or ballots which are voted by punching a

26-9 card are used during the period for early voting by personal appearance:

26-10 1. The ballots voted at the permanent or temporary polling place must

26-11 be delivered by an election board officer to the city clerk’s office at the

26-12 close of each voting day. The seal on the ballot box must indicate the

26-13 number of voted ballots contained in that box for that day.

26-14 2. When the ballot box is delivered pursuant to subsection 1, the city

26-15 clerk shall provide a new ballot box [locked] sealed in the manner

26-16 prescribed in NRS 293C.359.

26-17 3. At the close of the fourth voting day before the last day to vote early

26-18 and at the close of each of the 3 days thereafter, the city clerk shall deliver

26-19 all ballots voted to the ballot board for early voting. At the close of the last

26-20 voting day, the city clerk shall deliver to the ballot board for early voting:

26-21 (a) Each remaining ballot box containing the ballots voted early by

26-22 personal appearance ; [and his key to each box;]

26-23 (b) A voting roster of all persons who voted early by personal

26-24 appearance; and

26-25 (c) Any list of registered voters used in conducting early voting.

26-26 4. [Upon the call of the chairmen of the board, the custodian of the key

26-27 to the second lock on the ballot boxes shall deliver his key for each box to

26-28 the presiding officer.

26-29 5.] Upon the receipt of ballots, the board shall:

26-30 (a) Remove all ballots from the ballot boxes and sort the ballots by

26-31 precinct or voting district;

26-32 (b) Count the number of ballots by precinct or voting district;

26-33 (c) Account for all ballots on an official statement of ballots; and

26-34 (d) Place all official ballots in the container provided to transport those

26-35 items to a central counting place and seal the container with a numbered

26-36 seal. The official statement of ballots must accompany the voted ballots to

26-37 the central counting place.

26-38 [6.] 5. The city clerk shall allow members of the general public to

26-39 observe the handling of the ballots pursuant to subsection [5] 4 if those

26-40 members do not interfere with the handling of the ballots.

26-41 Sec. 36. NRS 293C.390 is hereby amended to read as follows:

26-42 293C.390 1. The voted ballots, rejected ballots, spoiled ballots,

26-43 [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts,

27-1 records printed on paper of voted ballots collected pursuant to NRS

27-2 293B.400 and stubs of the ballots used, enclosed and sealed must, after

27-3 canvass of the votes by the governing body of the city, be deposited in the

27-4 vaults of the city clerk and preserved for at least 22 months. All such

27-5 sealed materials must be destroyed immediately after that period. A notice

27-6 of the destruction must be published by the city clerk in at least one

27-7 newspaper of general circulation in the city, or if no newspaper is of

27-8 general circulation in that city, in a newspaper of general circulation in the

27-9 nearest city, not less than 2 weeks before the destruction of the materials.

27-10 Unused ballots, enclosed and sealed, must, after canvass of the votes by

27-11 the governing body of the city, be deposited in the vaults of the city clerk

27-12 and preserved for at least the period during which the election may be

27-13 contested and adjudicated, after which the unused ballots may be

27-14 destroyed.

27-15 2. The pollbooks containing the signatures of those persons who voted

27-16 in the election and the tally lists deposited with the governing body of the

27-17 city are subject to the inspection of any elector who may wish to examine

27-18 them at any time after their deposit with the city clerk.

27-19 3. A contestant of an election may inspect all of the material relating to

27-20 that election which is preserved pursuant to subsection 1, except the voted

27-21 ballots.

27-22 4. The voted ballots deposited with the city clerk are not subject to the

27-23 inspection of any person, except in a contested election, and only by the

27-24 judge, body or board before whom the election is being contested, or by the

27-25 parties to the contest, jointly, pursuant to an order of the judge, body or

27-26 board.

27-27 Sec. 37. Chapter 306 of NRS is hereby amended by adding thereto a

27-28 new section to read as follows:

27-29 If a public officer who is subject to a recall petition resigns his office:

27-30 1. Before the call for a special election is issued:

27-31 (a) The official with whom the petition to recall is filed shall cease any

27-32 further proceedings regarding the petition;

27-33 (b) A vacancy occurs in that office; and

27-34 (c) The vacancy thereby created must be filled in the manner provided

27-35 by law.

27-36 2. After the call for a special election is issued, the special election

27-37 must be conducted.

27-38 Sec. 38. NRS 306.110 is hereby amended to read as follows:

27-39 306.110 1. A petition to nominate other candidates for the office

27-40 must be signed by registered voters of the state, or of the county, district or

27-41 municipality holding the election, equal in number to 25 percent of the

27-42 number of registered voters who voted in the state, or in the county, district

27-43 or municipality holding the election at the general election at which the

28-1 public officer was elected. Each petition may consist of more than one

28-2 document. Each document must bear the name of one county and must

28-3 not be signed by a person who is not a registered voter of that county.

28-4 2. The nominating petition must be filed, at least [15] 20 days before

28-5 the date of the special election, with the officer with whom the recall

28-6 petition is filed. Each document of the petition must be submitted for

28-7 verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the

28-8 county clerk of the county named on the document.

28-9 3. Each candidate who is nominated for office must file an acceptance

28-10 of candidacy with the appropriate filing officer and pay the fee required by

28-11 NRS 293.193 or by the governing body of a city at least [15] 20 days

28-12 before the date of the special election.

28-13 Sec. 39. NRS 218.010 is hereby amended to read as follows:

28-14 218.010 No person [shall be] is eligible to the office of state senator or

28-15 assemblyman who:

28-16 1. Is not a qualified elector and who has not been [a] an actual, as

28-17 opposed to constructive, citizen resident of this state for 1 year next

28-18 preceding his election.

28-19 2. At the time of election has not attained the age of 21 years.

28-20 Sec. 40. NRS 218.043 is hereby amended to read as follows:

28-21 218.043 Where a vacancy occurs in the office of state senator or

28-22 assemblyman during a regular or special session of the legislature or at a

28-23 time when no biennial election or regular election at which county officers

28-24 are to be elected will take place between the occurrence of the vacancy and

28-25 the next regular or special session, the procedure for filling the vacancy is

28-26 as follows:

28-27 1. Where the senator or assemblyman was elected from a district

28-28 wholly within one county, the board of county commissioners of the county

28-29 from which the former incumbent was elected shall appoint a person of the

28-30 same political party as the former incumbent and who actually, as opposed

28-31 to constructively, resides in the district to fill the vacancy.

28-32 2. Where the former incumbent was elected from a district comprising

28-33 more than one county, the county commissioners of each county within or

28-34 partly within the district shall meet to appoint a person of the same political

28-35 party as the former incumbent and who actually, as opposed to

28-36 constructively, resides in the district to fill the vacancy, under the

28-37 chairmanship of the chairman of the board of county commissioners of the

28-38 county whose population residing within the district is the greatest. Each

28-39 board of county commissioners shall first meet separately and determine

28-40 the single candidate it will nominate to fill the vacancy. Then , the boards

28-41 shall meet jointly and the chairmen on behalf of the boards shall cast a

28-42 proportionate number of votes according to the percent, rounded to the

28-43 nearest whole percent, which the population of its county is of the

29-1 population of the entire district. Populations must be determined by the last

29-2 decennial census or special census conducted by the Bureau of the Census

29-3 of the United States Department of Commerce. The person who receives a

29-4 plurality of these votes is appointed to fill the vacancy. If no person

29-5 receives a plurality of the votes, the boards of county commissioners of the

29-6 respective counties shall each select a candidate, and the appointee [shall]

29-7 must be chosen by drawing lots among the candidates so selected.

29-8 3. The board of county commissioners or the board of the county

29-9 which has the largest population within the district, as the case may be,

29-10 shall issue a certificate of appointment naming the appointee. The county

29-11 clerk or the clerk of the county which has the largest population within the

29-12 district, as the case may be, shall give the certificate to the appointee and

29-13 send a copy of the certificate to the secretary of state.

29-14 Sec. 41. NRS 281.050 is hereby amended to read as follows:

29-15 281.050 1. The [legal] residence of a person with reference to his

29-16 eligibility to office is [that place where he has been actually, physically and

29-17 corporeally present] his actual residence within the state or county or

29-18 district, as the case may be, during all the period for which residence is

29-19 claimed by him. [Should] If any person [absent] absents himself from the

29-20 jurisdiction of his residence [such absence shall] with the intention in good

29-21 faith to return without delay and continue his residence, the period of

29-22 absence must not be considered in determining the question of [legal]

29-23 residence.

29-24 2. If a candidate who has filed for elective office moves his residence

29-25 out of the state, county, district, ward, subdistrict or any other unit

29-26 prescribed by law for which he is a candidate and in which he is required

29-27 actually, as opposed to constructively, to reside, a vacancy is created

29-28 thereby and the appropriate action for filling [such vacancy shall] the

29-29 vacancy must be taken. A person shall be deemed to have moved his

29-30 residence for the purposes of this section if:

29-31 (a) He has acted affirmatively to remove himself from one place; and

29-32 (b) He has an intention to remain in another place.

29-33 3. The district court has jurisdiction to determine the question of

29-34 [legal] residence in an action for declaratory judgment.

29-35 4. As used in this section, "actual residence" means the place where

29-36 a person is legally domiciled and maintains a permanent habitation. If

29-37 the person maintains more than one such habitation, the place he

29-38 declares to be his principal permanent habitation when filing a

29-39 declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be

29-40 deemed to be his actual residence.

29-41 Sec. 42. NRS 283.040 is hereby amended to read as follows:

29-42 283.040 1. Every office becomes vacant upon the occurring of any of

29-43 the following events before the expiration of the term:

30-1 (a) The death or resignation of the incumbent.

30-2 (b) The removal of the incumbent from office.

30-3 (c) The confirmed insanity of the incumbent, found by a court of

30-4 competent jurisdiction.

30-5 (d) A conviction of the incumbent of any felony or offense involving a

30-6 violation of his official oath or bond or a violation of NRS 241.040,

30-7 293.1755 or 293C.200.

30-8 (e) A refusal or neglect of the person elected or appointed to take the

30-9 oath of office, as prescribed in NRS 282.010, or, when a bond is required

30-10 by law, his refusal or neglect to give the bond within the time prescribed by

30-11 law.

30-12 (f) Except as otherwise provided in NRS 266.400, the ceasing of the

30-13 incumbent to be [a] an actual, as opposed to constructive, resident of the

30-14 state, district, county, city, ward or other unit prescribed by law in which

30-15 the duties of his office are to be exercised, or from which he was elected or

30-16 appointed, or in which he was required to reside to be a candidate for office

30-17 or appointed to office.

30-18 (g) The neglect or refusal of the incumbent to discharge the duties of his

30-19 office for a period of 30 days, except when prevented by sickness or

30-20 absence from the state or county, as provided by law. In a county whose

30-21 population is less than 10,000, after an incumbent, other than a state

30-22 officer, has been prevented by sickness from discharging the duties of his

30-23 office for at least 6 months, the district attorney, either on his own volition

30-24 or at the request of another person, may petition the district court to declare

30-25 the office vacant. If the incumbent holds the office of district attorney, the

30-26 attorney general, either on his own volition or at the request of another

30-27 person, may petition the district court to declare the office vacant. The

30-28 district court shall hold a hearing to determine whether to declare the office

30-29 vacant and, in making its determination, shall consider evidence relating to:

30-30 (1) The medical condition of the incumbent;

30-31 (2) The extent to which illness, disease or physical weakness has

30-32 rendered the incumbent unable to manage independently and perform the

30-33 duties of his office; and

30-34 (3) The extent to which the absence of the incumbent has had a

30-35 detrimental effect on the applicable governmental entity.

30-36 (h) The decision of a competent tribunal declaring the election or

30-37 appointment void or the office vacant.

30-38 2. Upon the happening of any of the events described in subsection 1,

30-39 if the incumbent fails or refuses to relinquish his office, the attorney general

30-40 shall, if the office is a state office or concerns more than one county, or the

30-41 district attorney shall, if the office is a county office or concerns territory

31-1 within one county, commence and prosecute, in a court of competent

31-2 jurisdiction, any proceedings for judgment and decree declaring that office

31-3 vacant.

31-4 Sec. 43. The provisions of subsection 1 of NRS 354.599 do not apply

31-5 to any additional expenses of a local government that are related to the

31-6 provisions of this act.

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