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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 293 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 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 without1-5
assistance may submit a written statement to the appropriate county clerk1-6
requesting that he receive an absent ballot for each election conducted1-7
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 state1-10
certifying that the registered voter is a person with a physical disability1-11
and, because of the physical disability, he is unable to mark or sign a1-12
ballot or use a voting device without assistance;2-1
(b) Designate the person who will assist the registered voter in2-2
marking and signing the absent ballot on behalf of the registered voter;2-3
and2-4
(c) Include the name, address and signature of the person designated2-5
pursuant to paragraph (b).2-6
3. Upon receipt of a written statement submitted by a registered voter2-7
pursuant to subsection 1, the county clerk shall, if the statement includes2-8
the information required pursuant to subsection 2, issue an absent ballot2-9
to the registered voter for each election that is conducted during the year2-10
immediately succeeding the date the written statement is submitted to the2-11
county clerk.2-12
4. To determine whether a registered voter is entitled to receive an2-13
absent ballot pursuant to this section, the county clerk may, every year2-14
after an absent ballot is issued to a registered voter pursuant to2-15
subsection 3, require the registered voter to submit a statement from a2-16
licensed physician as specified in paragraph (a) of subsection 2. If a2-17
statement from a physician licensed in this state submitted pursuant to2-18
this subsection indicates that the registered voter is no longer physically2-19
disabled, the county clerk shall not issue an absent ballot to the2-20
registered voter pursuant to this section.2-21
5. A person designated pursuant to paragraph (b) of subsection 22-22
may, on behalf of and at the direction of the registered voter, mark and2-23
sign an absent ballot issued to the registered voter pursuant to the2-24
provisions of this section. If the person marks and signs the ballot, the2-25
person shall indicate next to his signature that the ballot has been2-26
marked and signed on behalf of the registered voter.2-27
6. The procedure authorized pursuant to this section is subject to all2-28
other provisions of this chapter relating to voting by absent ballot to the2-29
extent that those provisions are not inconsistent with the provisions of2-30
this section.2-31
Sec. 3. 1. A person who, during the 6 months immediately2-32
preceding an election, mails to more than a total of 500 registered voters2-33
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 the2-36
county clerk of each county to which a form will be mailed of the number2-37
of forms to be mailed to voters in the county and the date of the mailing2-38
of the forms; and2-39
(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 by2-41
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: 293.1276 1. Within 4 days excluding Saturdays, Sundays and3-3
holidays, after the submission of a petition containing signatures which are3-4
required to be verified pursuant to NRS 293.128, 293.165, 293.172,3-5
293.200, 295.056, 298.1093-6
clerk shall determine the total number of signatures affixed to the3-7
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 filed3-9
with all the county clerks is less than 100 percent of the required number of3-10
registered voters, he shall so notify the person who submitted the petition3-11
and the county clerks and no further action may be taken in regard to the3-12
petition. If the petition is a petition to recall a county, district or municipal3-13
officer, the secretary of state shall also notify the officer with whom the3-14
petition is to be filed.3-15
3. After the petition is submitted to the county clerk it must not be3-16
handled by any other person except by an employee of the county clerk’s3-17
office until it is filed with the secretary of state.3-18
Sec. 5. NRS 293.1277 is hereby amended to read as follows: 293.1277 1. If the secretary of state finds that the total number of3-20
signatures submitted to all the county clerks is 100 percent or more of the3-21
number of registered voters needed to declare the petition sufficient, he3-22
shall immediately so notify the county clerks. Within 9 days excluding3-23
Saturdays, Sundays and holidays after notification, each of the county3-24
clerks shall determine the number of registered voters who have signed the3-25
documents submitted in his county.3-26
2. If more than 500 names have been signed on the documents3-27
submitted to him, a county clerk shall examine the signatures by sampling3-28
them at random for verification. The random sample of signatures to be3-29
verified must be drawn in such a manner that every signature which has3-30
been submitted to the county clerk is given an equal opportunity to be3-31
included in the sample. The sample must include an examination of at least3-32
500 or 5 percent of the signatures, whichever is greater.3-33
3. In determining from the records of registration the number of3-34
registered voters who signed the documents, the county clerk may use the3-35
signatures contained in the file of applications to register to vote. If the3-36
county clerk uses that file, he shall ensure that every application in the file3-37
is examined, including any application in his possession which may not yet3-38
be entered into his records. The county clerk shall rely only on the3-39
appearance of the signature and the address and date included with each3-40
signature in making his determination.3-41
4. Except as otherwise provided in subsection 6, upon completing the3-42
examination, the county clerk shall immediately attach to the documents a4-1
certificate properly dated, showing the result of his examination and4-2
transmit the documents with the certificate to the secretary of state. A copy4-3
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 is4-5
required to be verified pursuant to NRS 293.128, 293.165, 293.172,4-6
293.200, 295.056, 298.109 ,4-7
witness the verification of the signatures. A public officer who is the4-8
subject of a recall petition must also be allowed to witness the verification4-9
of the signatures on the petition.4-10
6. For any petition containing signatures which are required to be4-11
verified pursuant to the provisions of NRS 293.165, 293.200 ,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 documents4-14
containing the signatures of the registered voters.4-15
7. The secretary of state may by regulation establish further procedures4-16
for carrying out the provisions of this section.4-17
Sec. 6. NRS 293.1279 is hereby amended to read as follows: 293.1279 1. If the statistical sampling shows that the number of valid4-19
signatures filed is 90 percent or more but less than 100 percent of the4-20
number of signatures of registered voters needed to declare the petition4-21
sufficient, the secretary of state shall order the county clerks to examine the4-22
signatures for verification. The county clerks4-23
signatures for verification until they determine that 100 percent of the4-24
number of signatures of registered voters needed to declare the petition4-25
sufficient are valid.4-26
2. If the statistical sampling shows that the number of valid signatures4-27
filed in any county is 90 percent or more but less than 100 percent of the4-28
number of signatures of registered voters needed to constitute 10 percent of4-29
the number of voters who voted at the last preceding general election in that4-30
county, the secretary of state may order the county clerk in that county to4-31
examine every signature for verification.4-32
3. Within 12 days excluding Saturdays, Sundays and holidays after4-33
receipt of such an order, the clerk shall determine from the records of4-34
registration what number of registered voters have signed the petition. If4-35
necessary, the board of county commissioners shall allow the county clerk4-36
additional assistants for examining the signatures and provide for their4-37
compensation. In determining from the records of registration what number4-38
of registered voters have signed the petition, the clerk may use any file or4-39
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 signature4-41
and the address and date included with each signature in determining the4-42
number of registered voters that signed the petition.5-1
4. Except as otherwise provided in subsection 5, upon completing the5-2
examination, the county clerk shall immediately attach to the documents of5-3
the petition an amended certificate properly dated, showing the result of the5-4
examination and shall immediately forward the documents with the5-5
amended certificate to the secretary of state. A copy of the amended5-6
certificate must be filed in the county clerk’s office.5-7
5. For any petition containing signatures which are required to be5-8
verified pursuant to the provisions of NRS 293.165, 293.200 ,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 documents5-11
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 date5-14
on which he receives certificates from the county clerks showing the5-15
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 the5-17
secretary of state establish that the petition is still insufficient, he shall5-18
immediately so notify the petitioners and the county clerks. If the petition is5-19
a petition to recall a county, district or municipal officer, the secretary of5-20
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: 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy5-23
occurring in a major or minor political party nomination for office may be5-24
filled by a candidate designated by the party central committee of the5-25
county or state, as the case may be, subject to the provisions of subsections5-26
4 and 5.5-27
2. A vacancy occurring in a nonpartisan nomination after the close of5-28
filing and on or before the5-29
must be filled by filing a nominating petition that is signed by5-30
registered voters of the state, county, district or municipality who may5-31
vote for the office in question. The number of registered voters who sign5-32
the petition must not be less than 1 percent of the number of persons5-33
5-34
county, district or municipality at the last preceding general election. The5-35
petition must be filed not earlier than the first Tuesday in June and not later5-36
than the5-37
consist of more than one document. Each document must bear the name5-38
of one county and must not be signed by a person who is not a registered5-39
voter of that county. Each document of the petition must be submitted for5-40
verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the5-41
county clerk of the county named on the document. A candidate5-42
nominated pursuant to the provisions of this subsection6-1
(a) Must file a declaration of candidacy or acceptance of candidacy6-2
and pay the statutory filing fee on or before the date the petition is filed;6-3
and6-4
(b) May be elected only at a general election and his name must not6-5
appear on the ballot for a primary election.6-6
3. A vacancy occurring in a nonpartisan nomination after6-7
6-8
Tuesday in September must be filled by the person who6-9
the next highest vote for the nomination in the primary.6-10
4.6-11
6-12
Tuesday in September of the year in which the general election is held. If a6-13
nominee dies after that date, his name must remain on the ballot and, if6-14
elected, a vacancy exists.6-15
5. All designations provided for in this section must be filed before 56-16
p.m. on the second Tuesday in September. In each case, the statutory filing6-17
fee must be paid and an acceptance of the designation must be filed before6-18
5 p.m. on6-19
Sec. 8. NRS 293.166 is hereby amended to read as follows: 293.166 1. A vacancy occurring in a party nomination for the office6-21
of state senator or assemblyman from a legislative district comprising more6-22
than one county may be filled as follows, subject to the provisions of6-23
subsections 2 and 3. The county commissioners of each county , all or part6-24
of which is included within the legislative district, shall meet to appoint a6-25
person who is of the same political party as the former nominee and who6-26
actually, as opposed to constructively, resides in the district to fill the6-27
vacancy, under the chairmanship of the chairman of the board of county6-28
commissioners of the county whose population residing within the district6-29
is the greatest. Each board of county commissioners shall first meet6-30
separately and determine the single candidate it will nominate to fill the6-31
vacancy. Then , the boards shall meet jointly and the chairmen on behalf of6-32
the boards shall cast a proportionate number of votes according to the6-33
percent, rounded to the nearest whole percent, which the population of its6-34
county is of the population of the entire district. Populations must be6-35
determined by the last decennial census or special census conducted by the6-36
Bureau of the Census of the United States Department of Commerce. The6-37
person who receives a plurality of these votes is appointed to fill the6-38
vacancy. If no person receives a plurality of the votes, the boards of county6-39
commissioners of the respective counties shall each as a group select one6-40
candidate, and the nominee must be chosen by drawing lots among the6-41
persons so selected.7-1
2. No change may be made on the ballot after the second Tuesday in7-2
September of the year in which the general election is held. If a nominee7-3
dies after that date, his name must remain on the ballot and, if elected, a7-4
vacancy exists.7-5
3. The designation of a nominee pursuant to this section must be filed7-6
with the secretary of state before 5 p.m. of the second Tuesday in7-7
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, no7-10
person may be a candidate for any office unless, for at least the 30 days7-11
7-12
declarations of candidacy or acceptances of candidacy for the office which7-13
he seeks, he has7-14
281.050, actually, as opposed to constructively, resided in the state,7-15
district, county, township or other area prescribed by law to which the7-16
office pertains and, if elected, over which he will have jurisdiction or which7-17
he will represent.7-18
2. Any person who knowingly and willfully files an acceptance of7-19
candidacy or declaration of candidacy which contains a false statement in7-20
this respect is guilty of a gross misdemeanor.7-21
3. Any person convicted pursuant to the provisions of this section is7-22
disqualified from entering upon the duties of the office for which he was a7-23
candidate.7-24
4. The provisions of this section do not apply to candidates for the7-25
office of district attorney.7-26
Sec. 10. NRS 293.177 is hereby amended to read as follows: 293.177 1. Except as otherwise provided in NRS 293.165, a name7-28
may not be printed on a ballot to be used at a primary election unless the7-29
person named has filed a declaration of candidacy or an acceptance of7-30
candidacy, and paid the fee required by NRS 293.193 not earlier than the7-31
first Monday in May of the year in which the election is to be held nor later7-32
than 5 p.m. on the third Monday in May.7-33
2. A declaration of candidacy or an acceptance of candidacy required7-34
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 the7-37
Office of ................7-38
State of Nevada7-39
County of8-1
For the purpose of having my name placed on the official ballot as a8-2
candidate for the ................ Party nomination for the office of ………, I,8-3
the undersigned …….., do swear or affirm under penalty of perjury that I8-4
actually, as opposed to constructively, reside at ………., in the City or8-5
Town of ……., County of ………., State of Nevada; that my actual , as8-6
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 a8-8
date at least 30 days8-9
the close of filing of declarations of candidacy for this office; that I am8-10
registered as a member of the ................ Party; that I have not, in violation8-11
of the provisions of NRS 293.176, changed the designation of my political8-12
party or political party affiliation on an official application to register to8-13
vote in any state since September 1 before the closing filing date for this8-14
election; that I generally believe in and intend to support the concepts8-15
found in the principles and policies of that political party in the coming8-16
election; that if nominated as a candidate of the ................ Party at the8-17
ensuing election I will accept that nomination and not withdraw; that I will8-18
not knowingly violate any election law or any law defining and prohibiting8-19
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 limited8-21
to, complying with any limitation prescribed by the constitution and laws of8-22
this state concerning the number of years or terms for which a person may8-23
hold the office; and that I understand that my name will appear on all8-24
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 before8-30
me this ..... day of ........, 19...8-31
8-32
Notary Public or other person8-33
authorized to administer an oath8-34
(b) For nonpartisan office:9-1
Declaration of Candidacy of ........ for the9-2
Office of ................9-3
State of Nevada9-4
County of9-5
For the purpose of having my name placed on the official ballot as a9-6
candidate for the office of ................, I, the undersigned ................, do9-7
swear or affirm under penalty of perjury that I actually, as opposed to9-8
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 area9-10
prescribed by law to which the office pertains began on a date at least 309-11
days9-12
of declarations of candidacy for this office; that if nominated as a9-13
nonpartisan candidate at the ensuing election I will accept the nomination9-14
and not withdraw; that I will not knowingly violate any election law or any9-15
law defining and prohibiting corrupt and fraudulent practices in campaigns9-16
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 by9-18
the constitution and laws of this state concerning the number of years or9-19
terms for which a person may hold the office; and my name will appear on9-20
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 before9-26
me this ..... day of ........, 19...9-27
9-28
Notary Public or other person9-29
authorized to administer an oath9-30
3. A person may be a candidate under his given name and surname, a9-31
contraction or familiar form of his given name followed by his surname or9-32
the initial of his given name followed by his surname. A nickname of not9-33
more than 10 letters may be incorporated into a candidate’s name. The9-34
nickname must be in quotation marks and appear immediately before the9-35
candidate’s surname. A nickname must not indicate any political,10-1
economic, social or religious view or affiliation and must not be the name10-2
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 voter10-4
regarding the person or principles for which he is voting.10-5
4. The address of a candidate which must be included in the10-6
declaration of candidacy or acceptance of candidacy pursuant to subsection10-7
2 must be the street address of the residence where he actually , as opposed10-8
to constructively, resides10-9
been assigned. The declaration or acceptance of candidacy must not be10-10
accepted for filing if the candidate’s address is listed as a post office box10-11
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: 293.181 1. A candidate for the office of state senator or assemblyman10-14
must execute and file with his declaration of candidacy or acceptance of10-15
candidacy a declaration of residency which must be in substantially the10-16
following form:10-17
I, the undersigned , do swear or affirm under penalty of perjury that10-18
I have been a citizen resident of this state as required by NRS10-19
218.010 and have actually, as opposed to constructively, resided10-20
10-21
10-22
10-23
the preceding year:10-24
10-25
Street Address Street Address10-26
10-27
City or Town City or Town10-28
10-29
State State10-30
From To From To10-31
Dates of Residency Dates of Residency10-32
10-33
Street Address Street Address10-34
10-35
City or Town City or Town10-36
10-37
State State10-38
From To From To10-39
Dates of Residency Dates of Residency10-40
(Attach additional sheet or sheets of residences as necessary)11-1
2. Each address of a candidate which must be included in the11-2
declaration of residency pursuant to subsection 1 must be the street11-3
address of the residence where he actually , as opposed to11-4
constructively, resided or resides11-5
281.050, if one has been assigned. The declaration of residency11-6
must not be accepted for filing if any of the candidate’s addresses11-7
are listed as a post office box, unless a street address has not been11-8
assigned to the residence.11-9
Sec. 12. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file11-11
with the proper filing officer:11-12
(a) A copy of the petition of candidacy that he intends to circulate for11-13
signatures. The copy must be filed before the petition may be circulated.11-14
(b)11-15
by a number of registered voters equal to at least 1 percent of the total11-16
number of ballots cast in the state11-17
11-18
person was elected to that office.11-19
(c) If the office is a county office, a petition of candidacy signed by a11-20
number of registered voters equal to at least 1 percent of the total number11-21
of ballots cast in the county for that office at the last preceding general11-22
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 a11-24
number of registered voters equal to at least 1 percent of the total number11-25
of ballots cast in the district for that office at the last preceding general11-26
election in which a person was elected to that office.11-27
2. The petition may consist of more than one document. Each11-28
document must bear the name of the county in which it was circulated and11-29
only registered voters of that county may sign the document. The person11-30
who circulates the document must be a registered voter of that county. If11-31
the office is a district office, only the registered voters of that district may11-32
sign the document. The documents which are circulated for signature in a11-33
county must be submitted to that county clerk for verification in the manner11-34
prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days11-35
before filing the petition of candidacy with the proper filing officer. Each11-36
signer shall add to his signature the address of the place at which he11-37
actually resides, the date that he signs the petition and the name of the11-38
county where he is registered to vote for the purpose of determining11-39
whether he is a registered voter. The person who circulates each document11-40
of the petition shall sign an affidavit attesting that the signatures on the11-41
document are genuine to the best of his knowledge and belief and were11-42
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 the11-44
person qualified represents.12-1
4. Petitions of candidacy must be filed not earlier than the first Monday12-2
in May preceding the general election and not later than 5 p.m. on the third12-3
Tuesday in August.12-4
5. No petition of candidacy may contain the name of more than one12-5
candidate for each office to be filled.12-6
6. A person may not file as an independent candidate if he is proposing12-7
to run as the candidate of a political party.12-8
7. The names of independent candidates must be placed on the general12-9
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 this12-11
section is challenged, all affidavits and documents in support of the12-12
challenge must be filed not later than 5 p.m. on the fourth Tuesday in12-13
August. Any judicial proceeding resulting from the challenge must be set12-14
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 filed12-17
with the secretary of state.12-18
(b) The district court for the county where the petition of candidacy was12-19
filed if the petition was filed with a county clerk.12-20
10. An independent candidate for partisan office must file a declaration12-21
of candidacy with the proper filing officer and pay the fee required by NRS12-22
293.193 not earlier than the first Monday in May of the year in which the12-23
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: 293.272 1. Except as otherwise provided in subsection 2, a person12-26
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 is12-29
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 to12-32
293.355, inclusive;12-33
(b) Is entitled to vote an absent ballot pursuant to federal law or section12-34
2 of this act or NRS 293.316;12-35
(c) Submits or has previously submitted a written request for an absent12-36
ballot that is signed by the registered voter before a notary public or other12-37
person authorized to administer an oath; or12-38
(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: 293.296 1. Any registered voter who by reason of a physical12-41
disability or an inability to read or write English is unable to mark a ballot12-42
or use any voting device without assistance is entitled to assistance from a12-43
consenting person of his own choice, except:13-1
(a) The voter’s employer or his agent; or13-2
(b) An officer or agent of the voter’s labor organization.13-3
2. A person providing assistance pursuant to this section to a13-4
13-5
respect to the casting of that ballot.13-6
3. The right to assistance in casting a ballot may not be denied or13-7
impaired when the need for assistance is apparent or is known to the13-8
election board or any member thereof, but the election board may require a13-9
registered voter to sign a statement that he requires assistance in casting his13-10
vote by reason of a physical disability or an inability to read or write13-11
English when the need for assistance is not apparent or no member of the13-12
election board has knowledge thereof. The statement must be executed13-13
under penalty of perjury.13-14
4. In addition to complying with the requirements of this section, the13-15
county clerk and election board officer shall, upon the request of a13-16
registered voter with a physical disability, make reasonable13-17
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: 293.309 1. The county clerk of each county shall prepare an absent13-20
ballot for the use of registered voters who have requested absent ballots.13-21
The county clerk shall make reasonable accommodations for the use of13-22
the absent ballot by an elderly or disabled person.13-23
2. The ballot must be prepared and ready for distribution to a13-24
registered voter who:13-25
(a) Resides within the state, not later than 20 days before the election in13-26
which it is to be used; or13-27
(b) Resides outside the state, not later than 40 days before a primary or13-28
general election, if possible.13-29
3. Any legal action which would prevent the ballot from being issued13-30
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 polls13-33
13-34
(a) Because of an illness or disability resulting in his confinement in a13-35
hospital, sanatorium, dwelling or nursing home13-36
13-37
13-38
13-39
13-40
13-41
14-1
(b) Because he is suddenly hospitalized ,14-2
called away from home after the time has elapsed for requesting an absent14-3
ballot as provided in NRS 293.315,14-4
14-5
may submit a written request to the county clerk for an absent ballot . The14-6
request may be submitted at any time before 5 p.m. on the day of the14-7
election.14-8
2. If the county clerk determines that a request submitted pursuant to14-9
subsection 1 includes the information required pursuant to subsection 3,14-10
the county clerk shall14-11
absent ballot14-12
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 requesting14-16
the absent ballot;14-17
(b) The name, address and signature of the person designated by the14-18
registered voter to obtain, deliver and return the ballot for the registered14-19
voter;14-20
(c) A brief statement of the illness or disability of the registered voter14-21
or of facts sufficient to establish that the registered voter was called away14-22
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 or14-24
nursing home, a statement that he will be confined therein on the day of14-25
the election; and14-26
(e) Unless the person designated pursuant to paragraph (b) will mark14-27
and sign an absent ballot on behalf of the registered voter pursuant to14-28
subsection 5, a statement signed under penalty of perjury that only the14-29
registered voter will mark and sign the ballot.14-30
4. Except as otherwise provided in subsection 5, after marking his14-31
ballot the voter must14-32
(a) Place it in the identification envelope14-33
(b) Affix his signature on the back of the envelope ; and14-34
(c) Return it to the office of the county clerk.14-35
14-36
subsection 1 may, on behalf of and at the direction of the registered14-37
voter, mark and sign the absent ballot. If the person marks and signs the14-38
ballot, the person shall indicate next to his signature that the ballot has14-39
been marked and signed on behalf of the registered voter.14-40
6. A request for14-41
must be made, and the ballot delivered to the voter and returned to the14-42
county clerk, not later than the time the polls close on election day.15-1
15-2
provisions of this chapter relating to voting by absent ballot15-3
15-4
provisions of this section.15-5
Sec. 17. NRS 293.330 is hereby amended to read as follows: 293.330 1. When an absent voter receives his ballot, he must mark15-7
and fold it, if it is a paper ballot, or punch it, if the ballot is voted by15-8
punching a card, in accordance with the instructions, deposit it in the return15-9
envelope, seal the envelope, affix his signature on the back of the envelope15-10
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 vote15-12
the ballot in person at:15-13
(a) The county clerk’s office, he must mark or punch the ballot, seal it in15-14
the return envelope and affix his signature in the same manner as provided15-15
in subsection 1, and deliver the envelope to the clerk.15-16
(b) A polling place, he must surrender the absent ballot and provide15-17
satisfactory identification before being issued a ballot to vote at the polling15-18
place. A person who receives a surrendered absent ballot shall mark it15-19
"Canceled."15-20
3. Except as otherwise provided in NRS 293.316, it is unlawful for any15-21
person to return an absent ballot other than the voter who requested15-22
the absent ballot15-23
his family. A person who returns an absent ballot and who is a member15-24
of the family of the voter who requested the absent ballot shall, under15-25
penalty of perjury, indicate on a form prescribed by the county clerk that15-26
he is a member of the family of the voter who requested the absent ballot15-27
and that the voter requested that he return the absent ballot. A person15-28
who violates the provisions of this subsection is guilty of a category E15-29
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: 293.35915-32
which are paper ballots or ballots which are voted by punching a card are15-33
deposited must have two15-34
and must be designed and constructed so that the box can be sealed to15-35
detect any unauthorized opening of the box and that the ballot slot can be15-36
sealed to prevent any unauthorized deposit in the box. The seals for the15-37
boxes must be serially numbered for each election.15-38
15-39
15-40
15-41
15-42
15-43
16-1
Sec. 19. NRS 293.3602 is hereby amended to read as follows: 293.3602 If paper ballots or ballots which are voted by punching a16-3
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 must16-5
be delivered by an election board officer to the county clerk’s office at the16-6
close of each voting day. The seal on the ballot box must indicate the16-7
number of voted ballots contained in that box for that day.16-8
2. When the ballot box is delivered pursuant to subsection 1, the16-9
county clerk shall provide a new ballot box16-10
prescribed in NRS 293.359.16-11
3. At the close of the fourth voting day before the last day to vote early16-12
and at the close of each of the 3 days thereafter, the county clerk shall16-13
deliver all ballots voted to the ballot board for early voting. At the close of16-14
the last voting day, the county clerk shall deliver to the ballot board for16-15
early voting:16-16
(a) Each remaining ballot box containing the ballots voted early by16-17
personal appearance ;16-18
(b) A voting roster of all persons who voted early by personal16-19
appearance; and16-20
(c) Any list of registered voters used in conducting early voting.16-21
4.16-22
16-23
16-24
16-25
(a) Remove all ballots from the ballot boxes and sort the ballots by16-26
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; and16-29
(d) Place all official ballots in the container provided to transport those16-30
items to a central counting place and seal the container with a numbered16-31
seal. The official statement of ballots must accompany the voted ballots to16-32
the central counting place.16-33
16-34
observe the handling of the ballots pursuant to subsection16-35
members do not interfere with the handling of the ballots.16-36
Sec. 20. NRS 293.391 is hereby amended to read as follows: 293.391 1. The voted ballots, rejected ballots, spoiled ballots,16-38
16-39
records printed on paper of voted ballots collected pursuant to NRS16-40
293B.400 and stubs of the ballots used, enclosed and sealed, must, after16-41
canvass of the votes by the board of county commissioners, be deposited in16-42
the vaults of the county clerk, and preserved for at least 22 months. All16-43
such sealed materials must be destroyed immediately after the preservation17-1
period. A notice of the destruction must be published by the clerk in at least17-2
one newspaper of general circulation in the county not less than 2 weeks17-3
before the destruction. Unused ballots, enclosed and sealed, must, after17-4
canvass of the votes by the board of county commissioners, be deposited17-5
in the vaults of the county clerk and preserved for at least the period17-6
during which the election may be contested and adjudicated, after which17-7
the unused ballots may be destroyed.17-8
2. The pollbooks containing the signatures of those persons who voted17-9
in the election and the tally lists deposited with the board of county17-10
commissioners are subject to the inspection of any elector who may wish to17-11
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 regarding17-13
that election which is preserved pursuant to subsection 1, except the voted17-14
ballots.17-15
4. The voted ballots deposited with the county clerk are not subject to17-16
the inspection of anyone, except in cases of contested election, and then17-17
only by the judge, body or board before whom the election is being17-18
contested, or by the parties to the contest, jointly, pursuant to an order of17-19
such judge, body or board.17-20
Sec. 21. NRS 293.404 is hereby amended to read as follows: 293.404 1. Where a recount is demanded pursuant to the provisions17-22
of NRS 293.403, the:17-23
(a) County clerk of each county affected by the recount shall employ a17-24
recount board to conduct the recount in the county, and shall act as17-25
chairman of the recount board unless the recount is for the office of county17-26
clerk, in which case the chairman of the board of county commissioners17-27
shall act as chairman of the recount board. At least one member of the17-28
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 the17-30
city, and shall act as chairman of the recount board unless the recount is for17-31
the office of city clerk, in which case the mayor of the city shall act as17-32
chairman of the recount board. At least one member of the city council17-33
must be present at the recount.17-34
Each candidate for the office affected by the recount and the voter who17-35
demanded the recount, if any, may be present in person or by an authorized17-36
representative, but may not be a member of the recount board.17-37
2. Except in counties or cities using a mechanical voting system, the17-38
recount must include a count and inspection of all ballots, including17-39
rejected ballots, and must determine whether those ballots are marked as17-40
required by law.17-41
3. If a recount is demanded in a county or city using a mechanical17-42
voting system, the person who demanded the recount shall select the ballots17-43
for the office or ballot question affected from 5 percent of the precincts, but18-1
in no case fewer than three precincts, after consultation with each candidate18-2
for the office or his authorized representative. The recount board shall18-3
examine the selected ballots, including any duplicate or rejected ballots,18-4
shall determine whether the ballots have been voted in accordance with this18-5
Title and shall count the valid ballots by hand.18-6
by computer must be made of all the selected ballots. If the count by hand18-7
or the recount by computer of the selected ballots18-8
discrepancy18-9
18-10
or in favor of or against a ballot question, from the original canvass of the18-11
returns, the county or city clerk shall order a count by hand of all the ballots18-12
for that office.18-13
Otherwise, the county or city clerk18-14
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 board18-16
all ballots to be counted.18-17
5. In the case of a demand for a recount affecting more than one18-18
county, the demand must be made to the secretary of state, who shall notify18-19
the county clerks to proceed with the recount.18-20
Sec. 22. NRS 293.525 is hereby amended to read as follows: 293.525 1. Any elector who is presently registered and has changed18-22
his residence after the last preceding general election and who fails to18-23
return or never receives a postcard mailed pursuant to NRS 293.5235,18-24
293.53018-25
(a) From one precinct to another or from one congressional district to18-26
another within the same county must be allowed to vote in the precinct18-27
where he previously resided after he provides an oral or written affirmation18-28
before an election board officer attesting to his new address.18-29
(b) Within the same precinct must be allowed to vote after he provides18-30
an oral or written affirmation before an election board officer attesting to18-31
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 has18-34
changed his residence, he must be permitted to vote after he provides an18-35
oral or written affirmation before an election board officer attesting that he18-36
continues to reside at the same address.18-37
3. If an elector refuses to provide an oral or written affirmation18-38
attesting to his address as required by this section, he may only vote at the18-39
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 current18-41
address of an elector obtained pursuant to this section to correct18-42
information in the registrar of voters’ register and the election board18-43
register.19-1
Sec. 23. NRS 293.547 is hereby amended to read as follows: 293.547 1. After the 30th day but not later than the19-3
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 person19-6
whose right to vote is challenged; or19-7
(b) The challenge is based on the personal knowledge of the registered19-8
voter.19-9
3. The challenge must be signed and verified by the registered voter19-10
and name the person whose right to vote is challenged and the ground of19-11
the challenge.19-12
4. A challenge filed pursuant to this section must not contain the name19-13
of more than one person whose right to vote is challenged. The county19-14
clerk shall not accept for filing any challenge which contains more than one19-15
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 the19-20
election board register.19-21
(b) In counties where records of registration are kept by computer, he19-22
shall have the challenge printed on the computer entry for the challenged19-23
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 a19-25
notice to the person whose right to vote has been challenged pursuant to19-26
this section informing him of the challenge. A copy of the challenge must19-27
accompany the notice.19-28
Sec. 24. Chapter 293C of NRS is hereby amended by adding thereto19-29
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 without19-32
assistance may submit a written statement to the appropriate city clerk19-33
requesting that he receive an absent ballot for each city election19-34
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 state19-37
certifying that the registered voter is a person with a physical disability19-38
and, because of the physical disability, he is unable to mark or sign a19-39
ballot or use a voting device without assistance;19-40
(b) Designate the person who will assist the registered voter in19-41
marking and signing the absent ballot on behalf of the registered voter;19-42
and20-1
(c) Include the name, address and signature of the person designated20-2
pursuant to paragraph (b).20-3
3. Upon receipt of a written statement submitted by a registered voter20-4
pursuant to subsection 1, the city clerk shall, if the statement includes the20-5
information required pursuant to subsection 2, issue an absent ballot to20-6
the registered voter for each city election that is conducted during the20-7
year immediately succeeding the date the written statement is submitted20-8
to the city clerk.20-9
4. To determine whether a registered voter is entitled to receive an20-10
absent ballot pursuant to this section, the city clerk may, every year after20-11
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 licensed20-13
physician as specified in paragraph (a) of subsection 2. If a statement20-14
from a physician licensed in this state submitted pursuant to this20-15
subsection indicates that the registered voter is no longer physically20-16
disabled, the city clerk shall not issue an absent ballot to the registered20-17
voter pursuant to this section.20-18
5. A person designated pursuant to paragraph (b) of subsection 220-19
may, on behalf of and at the direction of the registered voter, mark and20-20
sign an absent ballot issued to the registered voter pursuant to the20-21
provisions of this section. If the person marks and signs the ballot, the20-22
person shall indicate next to his signature that the ballot has been20-23
marked and signed on behalf of the registered voter.20-24
6. The procedure authorized pursuant to this section is subject to all20-25
other provisions of this chapter relating to voting by absent ballot to the20-26
extent that those provisions are not inconsistent with the provisions of20-27
this section.20-28
Sec. 26. 1. A person who, during the 6 months immediately20-29
preceding an election, mails to more than a total of 500 registered voters20-30
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 city20-33
clerk of each city to which a form will be mailed of the number of forms20-34
to be mailed to voters in the city and the date of the mailing of the forms;20-35
and20-36
(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 by20-38
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: 293C.185 1. Except as otherwise provided in NRS 293C.190, a name20-41
may not be printed on a ballot to be used at a primary city election, unless20-42
the person named has filed a declaration of candidacy or an acceptance of20-43
candidacy and paid the fee established by the governing body of the city21-1
not earlier than 40 days before the primary city election and not later than 521-2
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 must21-4
be in substantially the following form:21-5
Declaration of Candidacy of ........ for the21-6
Office of ................21-7
State of Nevada21-8
21-9
City of21-10
For the purpose of having my name placed on the official ballot as a21-11
candidate for the office of ................, I, the undersigned ................, do21-12
swear or affirm under penalty of perjury that I actually, as opposed to21-13
constructively, reside at ......................, in the City or Town of ................,21-14
County of .................., State of Nevada; that my actual , as opposed to21-15
constructive, residence in the city, township or other area prescribed by law21-16
to which the office pertains began on a date at least 30 days21-17
21-18
declarations of candidacy for this office; that if nominated as a candidate at21-19
the ensuing election I will accept the nomination and not withdraw; that I21-20
will not knowingly violate any election law or any law defining and21-21
prohibiting corrupt and fraudulent practices in campaigns and elections in21-22
this state; that I will qualify for the office if elected thereto, including, but21-23
not limited to, complying with any limitation prescribed by the constitution21-24
and laws of this state concerning the number of years or terms for which a21-25
person may hold the office; and my name will appear on all ballots as21-26
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 before21-32
me this ..... day of ........, 19...21-33
21-34
Notary Public or other person21-35
authorized to administer an oath22-1
3. A person may be a candidate under his given name and surname, a22-2
contraction or familiar form of his given name followed by his surname or22-3
the initial of his given name followed by his surname. A nickname of not22-4
more than 10 letters may be incorporated into a candidate’s name. The22-5
nickname must be in quotation marks and appear immediately before the22-6
candidate’s surname. A nickname must not indicate any political,22-7
economic, social or religious view or affiliation and must not be the name22-8
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 voter22-10
concerning the person or principles for which he is voting.22-11
4. The address of a candidate that must be included in the declaration22-12
or acceptance of candidacy pursuant to subsection 2 must be the street22-13
address of the residence where he actually , as opposed to constructively,22-14
resides22-15
declaration or acceptance of candidacy must not be accepted for filing if22-16
the candidate’s address is listed as a post office box unless a street address22-17
has not been assigned to his residence.22-18
Sec. 28. NRS 293C.200 is hereby amended to read as follows: 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 3022-21
days22-22
declarations or acceptances of candidacy for the office that he seeks, he has22-23
22-24
opposed to constructively, resided in the city or other area prescribed by22-25
law to which the office pertains and, if elected, over which he will have22-26
jurisdiction or which he will represent.22-27
2. Any person who knowingly and willfully files a declaration of22-28
candidacy or an acceptance of candidacy that contains a false statement in22-29
this respect is guilty of a gross misdemeanor.22-30
3. Any person convicted pursuant to the provisions of this section is22-31
disqualified from entering upon the duties of the office for which he was a22-32
candidate.22-33
Sec. 29. NRS 293C.265 is hereby amended to read as follows: 293C.265 1. Except as otherwise provided in subsection 2, a person22-35
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 is22-37
valid, vote in person unless he has previously voted in the county in which22-38
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 to22-41
293C.352, inclusive;22-42
(b) Is entitled to vote an absent ballot pursuant to federal law or section22-43
25 of this act or NRS 293C.317;23-1
(c) Submits or has previously submitted a written request for an absent23-2
ballot that is signed by the registered voter before a notary public or other23-3
person authorized to administer an oath; or23-4
(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: 293C.282 1. Any registered voter who, because of a physical23-7
disability or an inability to read or write English, is unable to mark a ballot23-8
or use any voting device without assistance is entitled to assistance from a23-9
consenting person of his own choice, except:23-10
(a) The voter’s employer or his agent; or23-11
(b) An officer or agent of the voter’s labor organization.23-12
2. A person providing assistance pursuant to this section to a23-13
23-14
respect to the casting of that ballot.23-15
3. The right to assistance in casting a ballot may not be denied or23-16
impaired when the need for assistance is apparent or is known to the23-17
election board or any member thereof, but the election board may require a23-18
registered voter to sign a statement that he requires assistance in casting his23-19
vote because of a physical disability or an inability to read or write English23-20
when the need for assistance is not apparent or no member of the election23-21
board has knowledge thereof. The statement must be executed under23-22
penalty of perjury.23-23
4. In addition to complying with the requirements of this section, the23-24
city clerk and election board officer shall, upon the request of a23-25
registered voter with a physical disability, make reasonable23-26
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: 293C.305 1. The city clerk shall prepare an absent ballot for the use23-29
of registered voters who have requested absent ballots. The city clerk shall23-30
make reasonable accommodations for the use of the absent ballot by an23-31
elderly or disabled person.23-32
2. The ballot must be prepared and ready for distribution to a23-33
registered voter who resides within or outside this state, not later than 2023-34
days before the election in which it will be used.23-35
3. Any legal action that would prevent the ballot from being issued23-36
pursuant to subsection 2 is moot and of no effect.23-37
Sec. 32. NRS 293C.317 is hereby amended to read as follows: 293C.317 1. Any registered voter who is unable to go to the polls23-39
23-40
(a) Because of an illness or disability resulting in his confinement in a23-41
hospital, sanatorium, dwelling or nursing home23-42
23-43
24-1
24-2
24-3
24-4
24-5
(b) Because he is suddenly hospitalized ,24-6
called away from home after the time has elapsed for requesting an absent24-7
ballot as provided in NRS 293C.31224-8
24-9
may submit a written request to the city clerk for an absent ballot . The24-10
request may be submitted at any time before 5 p.m. on the day of the24-11
election.24-12
2. If the city clerk determines that a request submitted pursuant to24-13
subsection 1 includes the information required pursuant to subsection 3,24-14
the city clerk shall24-15
ballot24-16
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 requesting24-20
the absent ballot;24-21
(b) The name, address and signature of the person designated by the24-22
registered voter to obtain, deliver and return the ballot for the registered24-23
voter;24-24
(c) A brief statement of the illness or disability of the registered voter24-25
or of facts sufficient to establish that the registered voter was called away24-26
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 or24-28
nursing home, a statement that he will be confined therein on the day of24-29
the election; and24-30
(e) Unless the person designated pursuant to paragraph (b) will mark24-31
and sign an absent ballot on behalf of the registered voter pursuant to24-32
subsection 5, a statement signed under penalty of perjury that only the24-33
registered voter will mark and sign the ballot.24-34
4. Except as otherwise provided in subsection 5, after marking his24-35
ballot the voter must24-36
(a) Place it in the identification envelope24-37
(b) Affix his signature on the back of the envelope ; and24-38
(c) Return it to the office of the city clerk.24-39
24-40
subsection 1 may, on behalf of and at the direction of the registered24-41
voter, mark and sign the absent ballot. If the person marks and signs the24-42
ballot, the person shall indicate next to his signature that the ballot has24-43
been marked and signed on behalf of the registered voter.25-1
6. A request for25-2
must be made, and the ballot delivered to the voter and returned to the city25-3
clerk, not later than the time the polls close on election day.25-4
25-5
provisions of this chapter relating to voting by absent ballot25-6
25-7
provisions of this section.25-8
Sec. 33. NRS 293C.330 is hereby amended to read as follows: 293C.330 1. When an absent voter receives his ballot, he must mark25-10
and fold it, if it is a paper ballot, or punch it, if the ballot is voted by25-11
punching a card, in accordance with the instructions, deposit it in the return25-12
envelope, seal the envelope, affix his signature on the back of the envelope25-13
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 vote25-15
the ballot in person at:25-16
(a) The city clerk’s office, he must mark or punch the ballot, seal it in25-17
the return envelope and affix his signature in the same manner as provided25-18
in subsection 1, and deliver the envelope to the city clerk.25-19
(b) A polling place, he must surrender the absent ballot and provide25-20
satisfactory identification before being issued a ballot to vote at the polling25-21
place. A person who receives a surrendered absent ballot shall mark it25-22
"Canceled."25-23
3. Except as otherwise provided in NRS 293C.317, it is unlawful for25-24
any person to return an absent ballot other than the voter who requested25-25
25-26
member of his family. A person who returns an absent ballot and who is25-27
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 clerk25-29
that he is a member of the family of the voter who requested the absent25-30
ballot and that the voter requested that he return the absent ballot. A25-31
person who violates the provisions of this subsection is guilty of a category25-32
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: 293C.35925-35
which are paper ballots or ballots which are voted by punching a card are25-36
deposited must have two25-37
and must be designed and constructed so that the box can be sealed to25-38
detect any unauthorized opening of the box and that the ballot slot can be25-39
sealed to prevent any unauthorized deposit in the box. The seals for the25-40
boxes must be serially numbered for each election.26-1
26-2
26-3
26-4
26-5
26-6
26-7
Sec. 35. NRS 293C.3602 is hereby amended to read as follows: 293C.3602 If paper ballots or ballots which are voted by punching a26-9
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 must26-11
be delivered by an election board officer to the city clerk’s office at the26-12
close of each voting day. The seal on the ballot box must indicate the26-13
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 city26-15
clerk shall provide a new ballot box26-16
prescribed in NRS 293C.359.26-17
3. At the close of the fourth voting day before the last day to vote early26-18
and at the close of each of the 3 days thereafter, the city clerk shall deliver26-19
all ballots voted to the ballot board for early voting. At the close of the last26-20
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 by26-22
personal appearance ;26-23
(b) A voting roster of all persons who voted early by personal26-24
appearance; and26-25
(c) Any list of registered voters used in conducting early voting.26-26
4.26-27
26-28
26-29
26-30
(a) Remove all ballots from the ballot boxes and sort the ballots by26-31
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; and26-34
(d) Place all official ballots in the container provided to transport those26-35
items to a central counting place and seal the container with a numbered26-36
seal. The official statement of ballots must accompany the voted ballots to26-37
the central counting place.26-38
26-39
observe the handling of the ballots pursuant to subsection26-40
members do not interfere with the handling of the ballots.26-41
Sec. 36. NRS 293C.390 is hereby amended to read as follows: 293C.390 1. The voted ballots, rejected ballots, spoiled ballots,26-43
27-1
records printed on paper of voted ballots collected pursuant to NRS27-2
293B.400 and stubs of the ballots used, enclosed and sealed must, after27-3
canvass of the votes by the governing body of the city, be deposited in the27-4
vaults of the city clerk and preserved for at least 22 months. All such27-5
sealed materials must be destroyed immediately after that period. A notice27-6
of the destruction must be published by the city clerk in at least one27-7
newspaper of general circulation in the city, or if no newspaper is of27-8
general circulation in that city, in a newspaper of general circulation in the27-9
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 by27-11
the governing body of the city, be deposited in the vaults of the city clerk27-12
and preserved for at least the period during which the election may be27-13
contested and adjudicated, after which the unused ballots may be27-14
destroyed.27-15
2. The pollbooks containing the signatures of those persons who voted27-16
in the election and the tally lists deposited with the governing body of the27-17
city are subject to the inspection of any elector who may wish to examine27-18
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 to27-20
that election which is preserved pursuant to subsection 1, except the voted27-21
ballots.27-22
4. The voted ballots deposited with the city clerk are not subject to the27-23
inspection of any person, except in a contested election, and only by the27-24
judge, body or board before whom the election is being contested, or by the27-25
parties to the contest, jointly, pursuant to an order of the judge, body or27-26
board.27-27
Sec. 37. Chapter 306 of NRS is hereby amended by adding thereto a27-28
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 any27-32
further proceedings regarding the petition;27-33
(b) A vacancy occurs in that office; and27-34
(c) The vacancy thereby created must be filled in the manner provided27-35
by law.27-36
2. After the call for a special election is issued, the special election27-37
must be conducted.27-38
Sec. 38. NRS 306.110 is hereby amended to read as follows: 306.110 1. A petition to nominate other candidates for the office27-40
must be signed by registered voters of the state, or of the county, district or27-41
municipality holding the election, equal in number to 25 percent of the27-42
number of registered voters who voted in the state, or in the county, district27-43
or municipality holding the election at the general election at which the28-1
public officer was elected. Each petition may consist of more than one28-2
document. Each document must bear the name of one county and must28-3
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 least28-5
the date of the special election, with the officer with whom the recall28-6
petition is filed. Each document of the petition must be submitted for28-7
verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the28-8
county clerk of the county named on the document.28-9
3. Each candidate who is nominated for office must file an acceptance28-10
of candidacy with the appropriate filing officer and pay the fee required by28-11
NRS 293.193 or by the governing body of a city at least28-12
before the date of the special election.28-13
Sec. 39. NRS 218.010 is hereby amended to read as follows: 218.010 No person28-15
assemblyman who:28-16
1. Is not a qualified elector and who has not been28-17
opposed to constructive, citizen resident of this state for 1 year next28-18
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: 218.043 Where a vacancy occurs in the office of state senator or28-22
assemblyman during a regular or special session of the legislature or at a28-23
time when no biennial election or regular election at which county officers28-24
are to be elected will take place between the occurrence of the vacancy and28-25
the next regular or special session, the procedure for filling the vacancy is28-26
as follows:28-27
1. Where the senator or assemblyman was elected from a district28-28
wholly within one county, the board of county commissioners of the county28-29
from which the former incumbent was elected shall appoint a person of the28-30
same political party as the former incumbent and who actually, as opposed28-31
to constructively, resides in the district to fill the vacancy.28-32
2. Where the former incumbent was elected from a district comprising28-33
more than one county, the county commissioners of each county within or28-34
partly within the district shall meet to appoint a person of the same political28-35
party as the former incumbent and who actually, as opposed to28-36
constructively, resides in the district to fill the vacancy, under the28-37
chairmanship of the chairman of the board of county commissioners of the28-38
county whose population residing within the district is the greatest. Each28-39
board of county commissioners shall first meet separately and determine28-40
the single candidate it will nominate to fill the vacancy. Then , the boards28-41
shall meet jointly and the chairmen on behalf of the boards shall cast a28-42
proportionate number of votes according to the percent, rounded to the28-43
nearest whole percent, which the population of its county is of the29-1
population of the entire district. Populations must be determined by the last29-2
decennial census or special census conducted by the Bureau of the Census29-3
of the United States Department of Commerce. The person who receives a29-4
plurality of these votes is appointed to fill the vacancy. If no person29-5
receives a plurality of the votes, the boards of county commissioners of the29-6
respective counties shall each select a candidate, and the appointee29-7
must be chosen by drawing lots among the candidates so selected.29-8
3. The board of county commissioners or the board of the county29-9
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 county29-11
clerk or the clerk of the county which has the largest population within the29-12
district, as the case may be, shall give the certificate to the appointee and29-13
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. The29-16
eligibility to office is29-17
29-18
district, as the case may be, during all the period for which residence is29-19
claimed by him.29-20
jurisdiction of his residence29-21
faith to return without delay and continue his residence, the period of29-22
absence must not be considered in determining the question of29-23
residence.29-24
2. If a candidate who has filed for elective office moves his residence29-25
out of the state, county, district, ward, subdistrict or any other unit29-26
prescribed by law for which he is a candidate and in which he is required29-27
actually, as opposed to constructively, to reside, a vacancy is created29-28
thereby and the appropriate action for filling29-29
vacancy must be taken. A person shall be deemed to have moved his29-30
residence for the purposes of this section if:29-31
(a) He has acted affirmatively to remove himself from one place; and29-32
(b) He has an intention to remain in another place.29-33
3. The district court has jurisdiction to determine the question of29-34
29-35
4. As used in this section, "actual residence" means the place where29-36
a person is legally domiciled and maintains a permanent habitation. If29-37
the person maintains more than one such habitation, the place he29-38
declares to be his principal permanent habitation when filing a29-39
declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be29-40
deemed to be his actual residence.29-41
Sec. 42. NRS 283.040 is hereby amended to read as follows: 283.040 1. Every office becomes vacant upon the occurring of any of29-43
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 of30-4
competent jurisdiction.30-5
(d) A conviction of the incumbent of any felony or offense involving a30-6
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 the30-9
oath of office, as prescribed in NRS 282.010, or, when a bond is required30-10
by law, his refusal or neglect to give the bond within the time prescribed by30-11
law.30-12
(f) Except as otherwise provided in NRS 266.400, the ceasing of the30-13
incumbent to be30-14
state, district, county, city, ward or other unit prescribed by law in which30-15
the duties of his office are to be exercised, or from which he was elected or30-16
appointed, or in which he was required to reside to be a candidate for office30-17
or appointed to office.30-18
(g) The neglect or refusal of the incumbent to discharge the duties of his30-19
office for a period of 30 days, except when prevented by sickness or30-20
absence from the state or county, as provided by law. In a county whose30-21
population is less than 10,000, after an incumbent, other than a state30-22
officer, has been prevented by sickness from discharging the duties of his30-23
office for at least 6 months, the district attorney, either on his own volition30-24
or at the request of another person, may petition the district court to declare30-25
the office vacant. If the incumbent holds the office of district attorney, the30-26
attorney general, either on his own volition or at the request of another30-27
person, may petition the district court to declare the office vacant. The30-28
district court shall hold a hearing to determine whether to declare the office30-29
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 has30-32
rendered the incumbent unable to manage independently and perform the30-33
duties of his office; and30-34
(3) The extent to which the absence of the incumbent has had a30-35
detrimental effect on the applicable governmental entity.30-36
(h) The decision of a competent tribunal declaring the election or30-37
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 general30-40
shall, if the office is a state office or concerns more than one county, or the30-41
district attorney shall, if the office is a county office or concerns territory31-1
within one county, commence and prosecute, in a court of competent31-2
jurisdiction, any proceedings for judgment and decree declaring that office31-3
vacant.31-4
Sec. 43. The provisions of subsection 1 of NRS 354.599 do not apply31-5
to any additional expenses of a local government that are related to the31-6
provisions of this act.~