Assembly Bill No. 615–Committee on Elections,
Procedures, and Ethics
(On Behalf of Secretary of State)
March 18, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes to provisions relating to elections. (BDR 24-629)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
~
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 county may conduct a special election by mail. To the1-4
extent applicable, the provisions of this chapter governing voting by mail1-5
and absent ballot apply to a special election conducted by mail pursuant1-6
to this section.1-7
2. The secretary of state shall adopt regulations to carry out the1-8
provisions of this section.1-9
Sec. 3. A person may sign a petition required under the election laws1-10
of this state on or after the date he is deemed to be registered to vote1-11
pursuant to subsection 5 of NRS 293.517 or subsection 5 of NRS1-12
293.5235.2-1
Sec. 4. NRS 293.1276 is hereby amended to read as follows: 293.1276 1. Within 4 days , excluding Saturdays, Sundays and2-3
holidays, after the submission of a petition containing signatures which are2-4
required to be verified pursuant to NRS 293.128, 293.165, 293.172,2-5
293.200, 295.056, 298.109 or 306.035, the county clerk shall determine2-6
the total number of signatures affixed to the documents and forward that2-7
information to the secretary of state.2-8
2. If the secretary of state finds that the total number of signatures filed2-9
with all the county clerks is less than 100 percent of the required number2-10
of registered voters, he shall so notify the person who submitted the2-11
petition and the county clerks and no further action may be taken in regard2-12
to the petition. If the petition is a petition to recall a county, district or2-13
municipal officer, the secretary of state shall also notify the officer with2-14
whom the petition is to be filed.2-15
3. After the petition is submitted to the county clerk it must not be2-16
handled by any other person except by an employee of the county clerk’s2-17
office until it is filed with the secretary of state.2-18
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 of2-20
signatures submitted to all the county clerks is 100 percent or more of the2-21
number of registered voters needed to declare the petition sufficient, he2-22
shall immediately so notify the county clerks. Within 9 days , excluding2-23
Saturdays, Sundays and holidays , after notification, each of the county2-24
clerks shall determine the number of registered voters who have signed the2-25
documents submitted in his county.2-26
2. If more than 500 names have been signed on the documents2-27
submitted to him, a county clerk shall examine the signatures by sampling2-28
them at random for verification. The random sample of signatures to be2-29
verified must be drawn in such a manner that every signature which has2-30
been submitted to the county clerk is given an equal opportunity to be2-31
included in the sample. The sample must include an examination of at least2-32
500 or 5 percent of the signatures, whichever is greater.2-33
3. In determining from the records of registration the number of2-34
registered voters who signed the documents, the county clerk may use the2-35
signatures contained in the file of applications to register to vote. If the2-36
county clerk uses that file, he shall ensure that every application in the file2-37
is examined, including any application in his possession which may not yet2-38
be entered into his records. The county clerk shall rely only on the2-39
appearance of the signature and the address and date included with each2-40
signature in making his determination.2-41
4. Except as otherwise provided in subsection 6, upon completing the2-42
examination, the county clerk shall immediately attach to the documents a3-1
certificate properly dated, showing the result of his examination and3-2
transmit the documents with the certificate to the secretary of state. A copy3-3
of this certificate must be filed in the clerk’s office.3-4
5. A person who submits a petition to the county clerk which is3-5
required to be verified pursuant to NRS 293.128, 293.165, 293.172,3-6
293.200, 295.056, 298.109 or 306.035 must be allowed to witness the3-7
verification of the signatures. A public officer who is the subject of a recall3-8
petition must also be allowed to witness the verification of the signatures3-9
on the petition.3-10
6. For any petition containing signatures which are required to be3-11
verified pursuant to the provisions of NRS 293.165, 293.200 or 306.0353-12
for any county, district or municipal office within one county, the county3-13
clerk shall not transmit to the secretary of state the documents containing3-14
the signatures of the registered voters.3-15
7. The secretary of state may by regulation establish further3-16
procedures for carrying out the provisions of this section.3-17
Sec. 6. NRS 293.1279 is hereby amended to read as follows: 293.1279 1. If the statistical sampling shows that the number of valid3-19
signatures filed is 90 percent or more but less than 100 percent of the3-20
number of signatures of registered voters needed to declare the petition3-21
sufficient, the secretary of state shall order the county clerks to examine3-22
the signatures for verification. The county clerks3-23
signatures for verification until they determine that 100 percent of the3-24
number of signatures of registered voters needed to declare the petition3-25
sufficient are valid.3-26
2. If the statistical sampling shows that the number of valid signatures3-27
filed in any county is 90 percent or more but less than 100 percent of the3-28
number of signatures of registered voters needed to constitute 10 percent3-29
of the number of voters who voted at the last preceding general election in3-30
that county, the secretary of state may order the county clerk in that county3-31
to examine every signature for verification.3-32
3. Within 12 days , excluding Saturdays, Sundays and holidays , after3-33
receipt of such an order, the clerk shall determine from the records of3-34
registration what number of registered voters have signed the petition. If3-35
necessary, the board of county commissioners shall allow the county clerk3-36
additional assistants for examining the signatures and provide for their3-37
compensation. In determining from the records of registration what3-38
number of registered voters have signed the petition, the clerk may use any3-39
file or list of registered voters maintained by his office or facsimiles of3-40
voters’ signatures. The county clerk may rely on the appearance of the3-41
signature and the address and date included with each signature in3-42
determining the number of registered voters that signed the petition.4-1
4. Except as otherwise provided in subsection 5, upon completing the4-2
examination, the county clerk shall immediately attach to the documents of4-3
the petition an amended certificate properly dated, showing the result of4-4
the examination and shall immediately forward the documents with the4-5
amended certificate to the secretary of state. A copy of the amended4-6
certificate must be filed in the county clerk’s office.4-7
5. For any petition containing signatures which are required to be4-8
verified pursuant to the provisions of NRS 293.165, 293.200 or 306.0354-9
for any county, district or municipal office within one county, the county4-10
clerk shall not forward to the secretary of state the documents containing4-11
the signatures of the registered voters.4-12
6. Except for a petition to recall a county, district or municipal officer,4-13
the petition shall be deemed filed with the secretary of state as of the date4-14
on which he receives certificates from the county clerks showing the4-15
petition to be signed by the requisite number of voters of4-16
7. If the amended certificates received from all county clerks by the4-17
secretary of state establish that the petition is still insufficient, he shall4-18
immediately so notify the petitioners and the county clerks. If the petition4-19
is a petition to recall a county, district or municipal officer, the secretary of4-20
state shall also notify the officer with whom the petition is to be filed.4-21
Sec. 7. NRS 293.12793 is hereby amended to read as follows: 293.12793 1. If the secretary of state determines that the total4-23
number of signatures that the county clerks have certified pursuant to NRS4-24
293.1277 or 293.1279 is less than 100 percent of the number of registered4-25
voters needed to make the petition sufficient, the person who submitted the4-26
petition may contest the verification of the4-27
appeal with the secretary of state. The appeal must:4-28
(a) Be filed within 5 working days after receipt of notification of the4-29
determination of the secretary of state;4-30
(b) Include each reason for the appeal; and4-31
(c) Include a statement of the number of signatures, if any, that the4-32
county clerk determined were invalid.4-33
2. The secretary of state shall4-34
(a) If the petition was circulated pursuant to chapter 306 of NRS,4-35
immediately notify the public officer who is the subject of the petition of4-36
the appeal by the person who submitted the petition; and4-37
(b) Consider the allegations and conduct an investigation , if necessary.4-38
Sec. 8. NRS 293.128 is hereby amended to read as follows: 293.128 1. To qualify as a major political party any organization4-40
must, under a common name:4-41
(a) On January 1 preceding any primary election, have been designated4-42
as a political party on the applications to register to vote of at least 104-43
percent of the total number of registered voters in5-1
(b) File a petition with the secretary of state not later than the last5-2
Friday in April before any primary election signed by a number of5-3
registered voters equal to or more than 10 percent of the total number of5-4
votes cast at the last preceding general election for the offices of5-5
Representative in Congress.5-6
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the5-7
names of the voters need not all be on one document, but each document5-8
of the petition must be verified by at least one of its signers to the effect5-9
that the signers are registered voters of5-10
information and belief and that the signatures are genuine and were signed5-11
in his presence. Each document of the petition must bear the name of a5-12
county and only registered voters of that county may sign the document.5-13
The documents which are circulated for signature must then be submitted5-14
for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later5-15
than5-16
election.5-17
3. In addition to the requirements set forth in subsection 1, each5-18
organization which wishes to qualify as a political party must file with the5-19
secretary of state a certificate of existence which includes the:5-20
(a) Name of the political party;5-21
(b) Names and addresses of its officers;5-22
(c) Names of the members of its executive committee; and5-23
(d) Name of the person who is authorized by the party to act as resident5-24
agent in this state.5-25
4. A political party shall file with the secretary of state an amended5-26
certificate of existence within 5 days after any change in the information5-27
contained in the certificate.5-28
Sec. 9. NRS 293.165 is hereby amended to read as follows: 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy5-30
occurring in a major or minor political party nomination for a partisan5-31
office may be filled by a candidate designated by the party central5-32
committee of the county or state, as the case may be, subject to the5-33
provisions of subsections 4 and 5.5-34
2. A vacancy occurring in a nonpartisan nomination after the close of5-35
filing and before the first Tuesday in September must be filled by filing a5-36
nominating petition that is signed by at least 1 percent of the number of5-37
persons5-38
5-39
question, at the last preceding general election. The petition must be filed5-40
not earlier than the first Tuesday in June and not later than the third5-41
Tuesday in September. The petition may consist of more than one5-42
document. Each document must bear the name of the county in which it5-43
was circulated and only registered voters of that county may sign the6-1
document. If the office is not a statewide office, only the registered voters6-2
of the county, district or municipality in question may sign the document.6-3
The documents which are circulated for signature in a county must be6-4
submitted to that county clerk for verification in the manner prescribed6-5
in NRS 293.1276 to 293.1279, inclusive, not later than 25 days before the6-6
third Tuesday in September. Each person who signs the petition shall add6-7
to his signature the address of the place at which he actually resides, the6-8
date that he signs the petition and the name of the county where he is6-9
registered to vote. The person who circulates each document of the6-10
petition shall sign an affidavit attesting that the signatures on the6-11
document are genuine to the best of his knowledge and belief and were6-12
signed in his presence by persons registered to vote in that county. A6-13
candidate nominated pursuant to the provisions of this subsection may be6-14
elected only at a general election and his name must not appear on the6-15
ballot for a primary election.6-16
3. A vacancy occurring in a nonpartisan nomination after a primary6-17
election and before the second Tuesday in September must be filled by the6-18
person who received the next highest vote for the nomination in the6-19
primary.6-20
4. Except to place a candidate nominated pursuant to subsection 2 on6-21
the ballot, no change may be made on the ballot after the second Tuesday6-22
in September of the year in which the general election is held. If a nominee6-23
dies after that date, his name must remain on the ballot and, if elected, a6-24
vacancy exists.6-25
5.6-26
candidate nominated pursuant to subsection 2 or designated pursuant to6-27
subsection 1 must file a declaration of candidacy or acceptance of6-28
candidacy, and pay the statutory filing fee, before 5 p.m. on the second6-29
Tuesday in September.6-30
6-31
6-32
Sec. 10. NRS 293.171 is hereby amended to read as follows: 293.171 1. To qualify as a minor political party an organization must6-34
file with the secretary of state a certificate of existence which includes the:6-35
(a) Name of the political party;6-36
(b) Names of its officers;6-37
(c) Names of the members of its executive committee; and6-38
(d) Name of the person authorized to file the list of its candidates for6-39
partisan office with the secretary of state.6-40
2. A copy of the constitution or bylaws of the party must be affixed to6-41
the certificate.7-1
3. A minor political party shall file with the secretary of state an7-2
amended certificate of existence within 5 days after any change in the7-3
information contained in the certificate.7-4
4. The constitution or bylaws of a minor political party must provide a7-5
procedure for the nomination of its candidates in such a manner that only7-6
one candidate may be nominated for each office.7-7
5. A minor political party whose candidates for partisan office do not7-8
appear on the ballot for the general election must file a notice of continued7-9
existence with the secretary of state not later than the second Friday in7-10
August preceding the general election.7-11
6. A minor political party which fails to file a notice of continued7-12
existence as required by subsection 5 ceases to exist as a minor political7-13
party in this state.7-14
Sec. 11. NRS 293.1715 is hereby amended to read as follows: 293.1715 1. The names of the candidates for partisan office of a7-16
minor political party must not appear on the ballot for a primary election.7-17
2. The names of the candidates for partisan office of a minor political7-18
party must be placed on the ballot for the general election if the party has7-19
filed a certificate of existence and a list of its candidates for partisan office7-20
pursuant to the provisions of NRS 293.1725 with the secretary of state and:7-21
(a) At the last preceding general election, the minor political party7-22
polled for any of its candidates for partisan office a number of votes equal7-23
to or more than 1 percent of the total number of votes cast for the offices of7-24
Representative in Congress;7-25
(b) On January 1 preceding a primary election, the minor political party7-26
has been designated as the political party on the applications to register to7-27
vote of at least 1 percent of the total number of registered voters in7-28
this state; or7-29
(c) Not later than the second Friday in August preceding the general7-30
election, files a petition with the secretary of state which is signed by a7-31
number of registered voters equal to at least 1 percent of the total number7-32
of votes cast at the last preceding general election for the offices of7-33
Representative in Congress.7-34
3. The name of only one candidate of each minor political party for7-35
each partisan office may appear on the ballot for a general election.7-36
4. A minor political party must file a copy of the petition required by7-37
paragraph (c) of subsection 2 with the secretary of state before the petition7-38
may be circulated for signatures.7-39
Sec. 12. NRS 293.172 is hereby amended to read as follows: 293.172 1. A petition filed pursuant to paragraph (c) of subsection 27-41
of NRS 293.1715 may consist of more than one document. Each document7-42
of the petition must:7-43
(a) Bear the name of the county in which it was circulated;8-1
(b) Include the affidavit of the person who circulated the document8-2
verifying that the signers are registered voters in8-3
to his best information and belief and that the signatures are genuine and8-4
were signed in his presence; and8-5
(c) Be submitted to the county clerk in the county in which it is8-6
circulated for verification in the manner prescribed in NRS 293.1276 to8-7
293.1279, inclusive, not later than8-8
August. A challenge to the form of a petition filed pursuant to paragraph8-9
(c) of subsection 2 of NRS 293.1715 must be made in a district court in the8-10
county in which the petition was circulated.8-11
2. A document which bears the name of a county may be signed only8-12
by registered voters of that county.8-13
3. Each person who signs a document shall also provide the address of8-14
the place where he resides, the date that he signs and the name of the8-15
county in which he is registered to vote.8-16
4. The county clerk shall not disqualify the signature of a voter who8-17
failed to provide all8-18
voter is registered in the county named on the document.8-19
Sec. 13. NRS 293.1725 is hereby amended to read as follows: 293.1725 1. Except as otherwise provided in subsection 4, a minor8-21
political party which wishes to place its candidates for partisan office on8-22
the ballot for a general election and:8-23
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 28-24
of NRS 293.1715; or8-25
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS8-26
293.1715,8-27
must file with the secretary of state a list of its candidates for partisan8-28
office not earlier than the first Monday in May preceding the election nor8-29
later than the last Friday in June. The list must be signed by the person so8-30
authorized in the certificate of existence of the minor political party before8-31
a notary public or other person authorized to take acknowledgments. The8-32
list must not be amended after it is filed.8-33
2. The secretary of state shall immediately forward a certified copy of8-34
the list of candidates for partisan office of each minor political party to the8-35
filing officer with whom each candidate must file his declaration of8-36
candidacy.8-37
3. Each candidate on the list must file his declaration of candidacy8-38
with the8-39
NRS 293.193 not earlier than the date on which the list of candidates for8-40
partisan office of his minor political party is filed with the secretary of8-41
state nor later than the first Wednesday in July.8-42
4. A minor political party that wishes to place candidates for the8-43
offices of President and Vice President of the United States on the ballot9-1
and has otherwise qualified to place the names of its candidates for9-2
partisan office on the ballot for the general election pursuant to the9-3
provisions of this chapter must file with the secretary of state a certificate9-4
of nomination for these offices not later than the first Tuesday in9-5
September.9-6
Sec. 14. NRS 293.175 is hereby amended to read as follows: 293.175 1. The primary election must be held on the first Tuesday of9-8
September in each even-numbered year.9-9
2. Candidates for partisan office of a major political party and9-10
candidates for nonpartisan9-11
primary election.9-12
3. Candidates for partisan office of a minor political party must be9-13
nominated in the manner prescribed pursuant to NRS 293.171.9-14
4. Independent candidates for partisan office must be nominated in the9-15
manner provided in NRS 293.200.9-16
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply9-17
to:9-18
(a) Special elections to fill vacancies.9-19
(b) The nomination of the officers of incorporated cities.9-20
(c) The nomination of district officers whose nomination is otherwise9-21
provided for by statute.9-22
Sec. 15. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2, no person9-24
may be a candidate for partisan office in any election if he has changed:9-25
(a) The designation of his political party affiliation; or9-26
(b) His designation of political party from nonpartisan to a designation9-27
of a political party affiliation,9-28
on an application to register to vote in the State of Nevada or in any other9-29
state9-30
preceding the closing filing date for9-31
date of that election9-32
effective at the time of the change in party designation.9-33
2. The provisions of subsection 1 do not apply to any person who is a9-34
candidate of a political party that was not qualified pursuant to NRS9-35
293.171 on the September 1 next preceding the closing filing date for the9-36
election.9-37
Sec. 16. NRS 293.187 is hereby amended to read as follows: 293.187 1.9-39
secretary of state shall forward to each county clerk a certified list9-40
containing the name and mailing address of each person for whom9-41
candidacy papers have been filed in the office of the secretary of state, and9-42
who is entitled to be voted for in the county at the next succeeding primary9-43
election, together with the title of the office for which the person is a10-1
candidate and the party or principles he represents. The secretary of state10-2
shall forward the certified list not later than 5 working days after the last10-3
day upon which any candidate on the list may withdraw his candidacy10-4
pursuant to NRS 293.202.10-5
2. There must be a party designation only for candidates for partisan10-6
offices.10-7
Sec. 17. NRS 293.197 is hereby amended to read as follows: 293.197 1. In any judicial district that has more than one district10-9
judge, each department is a separate office for the purposes of nominating10-10
and electing the district judge of that department.10-11
2. In any judicial district that includes a county whose population is10-12
100,000 or more:10-13
(a) The departments of the family division of the district court must be10-14
denoted as such on all ballots and sample ballots, using the words "district10-15
court judge, family division, department . . . ." Each such department must10-16
be separately designated .10-17
10-18
(b) The remaining departments of the district court must be denoted as10-19
such on all ballots and sample ballots, using the words "district court10-20
judge, department . . . ." Each such department must be designated with a10-21
numeral, beginning with "1" and continuing in sequence for each10-22
department.10-23
Sec. 18. NRS 293.200 is hereby amended to read as follows: 293.200 1. An independent candidate for partisan office must file10-25
with the10-26
(a) A copy of the petition of candidacy that he intends to circulate for10-27
signatures. The copy must be filed not earlier than the January 210-28
preceding the date of the election and not later than 25 days before the10-29
last day to file the petition pursuant to subsection 4. The copy must also10-30
be filed before the petition may be circulated.10-31
(b) A petition of candidacy signed by a number of registered voters10-32
equal to at least 1 percent of the total number of ballots cast in10-33
state or in the county or district electing that officer at the last preceding10-34
general election in which a person was elected to that office.10-35
2. The petition may consist of more than one document. Each10-36
document must bear the name of the county in which it was circulated and10-37
only registered voters of that county may sign the document.10-38
10-39
the office is10-40
10-41
document. The documents which are circulated for signature in a county10-42
must be submitted to that county clerk for verification in the manner10-43
prescribed in NRS 293.1276 to 293.1279, inclusive, not later than11-1
days before12-1
12-2
4. Each person who signs the petition shall add to his signature the12-3
address of the place at which he actually resides, the date that he signs the12-4
petition and the name of the county where he is registered to vote .12-5
12-6
circulates each document of the petition shall sign an affidavit attesting12-7
that the signatures on the document are genuine to the best of his12-8
knowledge and belief and were signed in his presence by persons12-9
registered to vote in that county.12-10
3. The petition of candidacy may state the principle, if any, which the12-11
person qualified represents.12-12
4. Petitions of candidacy must be filed not earlier than the first12-13
Monday in May preceding the general election and not later than 5 p.m. on12-14
the third Tuesday in August.12-15
5. No petition of candidacy may contain the name of more than one12-16
candidate for each office to be filled.12-17
6. A person may not file as an independent candidate if he is12-18
proposing to run as the candidate of a political party.12-19
7. The names of independent candidates must be placed on the general12-20
election ballot and must not appear on the primary election ballot.12-21
8. If the candidacy of any person seeking to qualify pursuant to this12-22
section is challenged, all affidavits and documents in support of the12-23
challenge must be filed not later than 5 p.m. on the fourth Tuesday in12-24
August. Any judicial proceeding resulting from the challenge must be set12-25
for hearing not more than 5 days after the fourth Tuesday in August.12-26
9. Any challenge pursuant to subsection 8 must be filed with:12-27
(a) The first judicial district court if the petition of candidacy was filed12-28
with the secretary of state.12-29
(b) The district court for the county where the petition of candidacy was12-30
filed if the petition was filed with a county clerk.12-31
10. An independent candidate for partisan office must file a12-32
declaration of candidacy with the12-33
pay the fee required by NRS 293.193 not earlier than the first Monday in12-34
May of the year in which the election is held nor later than 5 p.m. of the12-35
first Wednesday in July.12-36
Sec. 19. NRS 293.3606 is hereby amended to read as follows: 293.3606 1. After 8 a.m. on election day, the appropriate board shall12-38
count in public the returns for early voting.12-39
2. The returns for early voting must not be reported until after the polls12-40
have closed on election day.12-41
3. The returns for early voting12-42
the regular votes of the precinct, unless reporting the returns separately12-43
would violate the secrecy of the voter’s ballot.13-1
4. The county clerk shall develop a procedure to ensure that each13-2
ballot is kept secret.13-3
5. Any person who disseminates to the public information relating to13-4
the count of returns for early voting before the polls close is guilty of a13-5
gross misdemeanor.13-6
Sec. 20. NRS 293.387 is hereby amended to read as follows: 293.387 1. As soon as the returns from all the precincts and districts13-8
in any county have been received by the board of county commissioners,13-9
the board shall meet and canvass the returns. The canvass must be13-10
completed on or before the fifth working day following the election.13-11
2. In making its canvass, the board shall:13-12
(a) Note separately any clerical errors discovered; and13-13
(b) Take account of the changes resulting from the discovery, so that13-14
the result declared represents the true vote cast.13-15
3. The county clerk shall, as soon as the result is declared, enter upon13-16
the records of the board an abstract of the result, which must contain the13-17
number of votes cast for each candidate. The board, after making the13-18
abstract, shall cause the county clerk to certify the abstract and, by an order13-19
made and entered in the minutes of its proceedings, to make:13-20
(a) A copy of the certified abstract; and13-21
(b) A mechanized report of the abstract in compliance with regulations13-22
adopted by the secretary of state,13-23
and transmit them to the secretary of state13-24
working days after13-25
4. The secretary of state shall, immediately after any primary election,13-26
compile the returns for all candidates voted for in more than one county.13-27
He shall make out and file in his office an abstract thereof, and shall certify13-28
to the county clerk of each county the name of each person nominated, and13-29
the name of the office for which he is nominated.13-30
Sec. 21. NRS 293.507 is hereby amended to read as follows: 293.507 1. The secretary of state shall prescribe:13-32
(a) A standard form for applications to register to vote; and13-33
(b) A special form for registration to be used in a county where13-34
registrations are performed and records of registration are kept by13-35
computer.13-36
2. The county clerks shall provide forms for applications to register to13-37
vote to field registrars in the form and number prescribed by the secretary13-38
of state.13-39
3. A form for an application to register to vote must include a13-40
duplicate copy marked as the receipt to be retained by the applicant upon13-41
completion of the form.13-42
4. The form for an application to register to vote must include:14-1
(a) A line on which to enter the number on the voter’s social security14-2
card, driver’s license ,14-3
motor vehicles and public safety14-4
an agency of this state or the Federal Government that contains:14-5
(1) A unique number; and14-6
(2) A photograph or physical description of the voter.14-7
(b) A line on which to enter the address at which the voter actually14-8
resides. The application must not be accepted if the address is listed as a14-9
post office box unless a street address has not been assigned to his14-10
residence.14-11
(c) A notice that the voter may not list his address as a business unless14-12
he actually resides there.14-13
Sec. 22. NRS 293.547 is hereby amended to read as follows: 293.547 1. After the 30th day but not later than the14-15
before any election, a written challenge may be filed with the county clerk.14-16
2. A registered voter may file a written challenge if:14-17
(a) He is registered to vote in the same precinct or district as the person14-18
whose right to vote is challenged; or14-19
(b) The challenge is based on the personal knowledge of the registered14-20
voter.14-21
3. The challenge must be signed and verified by the registered voter14-22
and name the person whose right to vote is challenged and the ground of14-23
the challenge.14-24
4. A challenge filed pursuant to this section must not contain the name14-25
of more than one person whose right to vote is challenged. The county14-26
clerk shall not accept for filing any challenge which contains more than14-27
one such name.14-28
5. The county clerk shall file the challenge in the registrar of voters’14-29
register and:14-30
(a) In counties where records of registration are not kept by computer,14-31
he shall attach a copy of the challenge to the challenged registration in the14-32
election board register.14-33
(b) In counties where records of registration are kept by computer, he14-34
shall have the challenge printed on the computer entry for the challenged14-35
registration and add a copy of it to the election board register.14-36
6. The county clerk shall, within 5 days after a challenge is filed, mail14-37
a notice to the person whose right to vote has been challenged pursuant to14-38
this section informing him of the challenge. A copy of the challenge must14-39
accompany the notice.14-40
Sec. 23. NRS 293.820 is hereby amended to read as follows: 293.820 1. It is unlawful for any person to solicit14-42
contribution for any organization the title of which incorporates the name,14-43
or any form of the name, of any political party in this state without first15-1
having obtained written approval therefor, or a charter for that15-2
organization, from the central or executive committee of that political party15-3
the name of which is being used or incorporated in the title of that15-4
organization for the county in which the money is being solicited.15-5
2. This section does not require any person or organization to obtain a15-6
charter or written approval if that person or organization is:15-7
(a) Publicly organized for the sole and limited purpose of supporting the15-8
candidacy of a particular candidate in a single election.15-9
(b) Chartered by a national political party or organization.15-10
(c) Chartered by a state central committee in Nevada.15-11
3. Any person who violates any provision of this section is guilty of a15-12
gross misdemeanor.15-13
4. As used in this section, "contribution" has the meaning ascribed15-14
to it in NRS 294A.007.15-15
Sec. 24. NRS 293B.150 is hereby amended to read as follows:15-16
293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on15-17
the day before the first day of early voting, the county or city clerk15-18
15-19
1. The mechanical recording device which directly records votes15-20
electronically15-21
2. The automatic tabulating equipment and programs , if any,15-22
to ascertain that the device or equipment and programs will correctly count15-23
the votes cast for all offices and on all measures.15-24
Sec. 25. NRS 293B.155 is hereby amended to read as follows: 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.16515-26
must be conducted by processing a preaudited group of logic and accuracy15-27
test ballots so punched, voted or marked as to record a predetermined15-28
number of valid votes for each candidate and on each measure, and must15-29
include for each office one or more ballots which have votes in excess of15-30
the number allowed by law in order to test the ability of the mechanical15-31
recording device or the automatic tabulating equipment and programs to15-32
reject those votes.15-33
2. If any error is detected, the cause therefor must be ascertained and15-34
corrected and an errorless count must be made before the mechanical15-35
recording device or the automatic tabulating equipment and programs are15-36
approved.15-37
3. When satisfied with the accuracy of the mechanical recording15-38
device or automatic tabulating equipment and computer program, the15-39
accuracy certification board and the county or city clerk shall date and sign15-40
all reports, and seal the program, if any, and the reports15-41
material in an appropriate container. The container must be kept sealed by15-42
the clerk.16-1
4. Except as otherwise provided in this subsection, the contents of16-2
such a sealed container are not subject to the inspection of anyone except16-3
in the case of a contested election, and then only by the judge, body or16-4
board before whom the election is being contested, or by the parties to the16-5
contest, jointly, pursuant to an order of that judge, body or board. For the16-6
period set forth in NRS 293.413 during which a candidate may file a16-7
statement of contest, the results of the test must be made available in the16-8
clerk’s office for public inspection.16-9
Sec. 26. NRS 293B.170 is hereby amended to read as follows: 293B.170 After the completion of the last logic and accuracy test, the16-11
programs used, if any, and the logic and accuracy test ballots and the16-12
official ballots shall be sealed, retained and disposed of in the manner16-13
provided in NRS 293.391 for other ballots.16-14
Sec. 27. Chapter 293C of NRS is hereby amended by adding thereto a16-15
new section to read as follows:16-16
1. A city may conduct a special election by mail. To the extent16-17
applicable, the provisions of this chapter governing voting by mail and16-18
absent ballot apply to a special election conducted by mail pursuant to16-19
this section.16-20
2. The secretary of state shall adopt regulations to carry out the16-21
provisions of this section.16-22
Sec. 28. Chapter 294A of NRS is hereby amended by adding thereto a16-23
new section to read as follows:16-24
1. A report required to be filed pursuant to the provisions of this16-25
chapter may be amended by filing an amended report with the officer16-26
with whom the initial report was filed not later than 10 days after the last16-27
date to file the initial report. The amended report must be signed in the16-28
same manner as the initial report and have the word "Amended" at the16-29
top of the first page in type that is more prominent than the text of the16-30
amended report. The date of the initial report shall be deemed the date of16-31
the report.16-32
2. The officer shall file both the initial report and the amended16-33
report.16-34
Sec. 29. NRS 294A.125 is hereby amended to read as follows: 294A.125 1. In addition to complying with the requirements set forth16-36
in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives16-37
contributions in any year before the year in which the general election or16-38
general city election in which the candidate intends to seek election to16-39
public office is held, shall,16-40
(a) The year in which he receives contributions in excess of $10,000,16-41
report the total contributions received16-42
year.17-1
(b) Each year after the year in which he received contributions in excess17-2
of $10,000, until the year of the general election or general city election in17-3
which the candidate intends to seek election to public office is held, report17-4
the contributions received and the expenditures made in that year.17-5
2. The reports required by subsection 1 must be submitted on a form17-6
designed and provided by the secretary of state and signed by the candidate17-7
under penalty of perjury.17-8
3. Each contribution in excess of $100 and contributions that a17-9
contributor has made cumulatively in excess of that amount must be17-10
separately identified with the name and address of the contributor and the17-11
date of the contribution, tabulated and reported on the form provided by17-12
the secretary of state. Each expenditure in excess of $100 and expenditures17-13
that the candidate made cumulatively in excess of that amount must be17-14
separately identified with the date of the expenditure, tabulated and17-15
reported on the form provided by the secretary of state.17-16
4. The report must be filed17-17
(a) With the officer with whom the candidate will file the declaration17-18
of candidacy or acceptance of candidacy for the public office the17-19
candidate intends to seek. A candidate may mail the report to that officer17-20
by certified mail. If certified mail is used, the date of mailing shall be17-21
deemed the date of filing.17-22
(b) On or before January 15 of the year immediately after the year for17-23
which the report is made.17-24
5. A county clerk who receives from a candidate for legislative or17-25
judicial office, except the office of justice of the peace or municipal17-26
judge, a report of contributions and expenditures pursuant to subsection17-27
4 shall file a copy of the report with the secretary of state within 1017-28
working days after he receives the report.17-29
Sec. 30. NRS 294A.180 is hereby amended to read as follows: 294A.180 1. Each candidate for a state, district, county, city or17-31
township office who is not elected to that office shall, not later than the17-32
15th day of the second month after his defeat, file a report with the17-33
secretary of state stating the amount of contributions which he received for17-34
that campaign but did not spend and the disposition of those unspent17-35
contributions.17-36
2. Each public officer who is elected to a state, district, county, city or17-37
township office shall file a report :17-38
(a) Not later than the 15th day of the second month after his election,17-39
stating the amount of campaign contributions which he received but did17-40
not spend and the amount, if any, of those unspent contributions disposed17-41
of pursuant to subsection 2 of NRS 294A.160;17-42
(b) Not later than January 15th of each year of his term beginning the17-43
year after he filed the report required by paragraph (a), stating the amount,18-1
if any, of those unspent contributions disposed of pursuant to NRS18-2
294A.160 during the period since his last report and the manner in which18-3
they were disposed of; and18-4
(c) Not later than the 15th day of the second month after he no longer18-5
holds that office, stating the amount and disposition of any remaining18-6
unspent contributions.18-7
3. The reports required by subsections 1 and 2 must be submitted on a18-8
form designed and provided by the secretary of state and signed by the18-9
candidate or public officer under penalty of perjury.18-10
4. A public officer filing a report pursuant to subsection 2:18-11
(a) Shall file the report with the officer with whom he filed his18-12
declaration of candidacy or acceptance of candidacy.18-13
(b) May file the report by certified mail. If certified mail is used, the18-14
date of mailing shall be deemed the date of filing.18-15
5. A county clerk who receives from a legislative or judicial officer,18-16
other than a justice of the peace or municipal judge, a report pursuant to18-17
subsection 4 shall file a copy of the report with the secretary of state18-18
within 10 working days after he receives the report.18-19
Sec. 31. NRS 294A.350 is hereby amended to read as follows: 294A.350 1. Every candidate for state, district, county, municipal or18-21
township office shall file the reports of campaign contributions and18-22
expenses required by NRS 294A.120, 294A.200 and 294A.360, even18-23
though he:18-24
(a) Withdraws his candidacy;18-25
(b) Receives no campaign contributions;18-26
(c) Has no campaign expenses18-27
(d) Is removed from the ballot by court order; or18-28
(e) Is the subject of a petition to recall and the special election is not18-29
held.18-30
2. A candidate who withdraws his candidacy pursuant to NRS 293.20218-31
may file simultaneously all the reports of campaign contributions and18-32
expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as18-33
each report is filed on or before the last day for filing the respective report18-34
pursuant to NRS 294A.120, 294A.200 or 294A.360.18-35
Sec. 32. Chapter 295 of NRS is hereby amended by adding thereto a18-36
new section to read as follows:18-37
The legal sufficiency of a petition filed pursuant to NRS 295.015 to18-38
295.056, inclusive, and this section, may be challenged by filing a18-39
complaint in district court not later than 5 days, Saturdays, Sundays and18-40
holidays excluded, after the petition is filed with the secretary of state. All18-41
affidavits and documents in support of the challenge must be filed with18-42
the complaint. The court shall set the matter for hearing not later than19-1
30 days after the complaint is filed and shall give priority to such a19-2
complaint over all other matters pending with the court, except for19-3
criminal proceedings.19-4
Sec. 33. NRS 295.056 is hereby amended to read as follows: 295.056 1. Before a petition for initiative or referendum is filed with19-6
the secretary of state, the petitioners must submit to each county clerk for19-7
verification pursuant to NRS 293.1276 to 293.1279, inclusive, the19-8
document or documents which were circulated for signature within his19-9
county. The clerks shall give the person submitting a document or19-10
documents a receipt stating the number of documents and pages and the19-11
person’s statement of the number of signatures contained therein.19-12
2. If a petition for initiative proposes a statute or an amendment to a19-13
statute, the document or documents must be submitted not later than the19-14
second Tuesday in November of an even-numbered year.19-15
3. If a petition for initiative proposes an amendment to the19-16
constitution, the document or documents must be submitted not later than19-17
the third Tuesday in June of an even-numbered year.19-18
4. If the petition is for referendum, the document or documents must19-19
be submitted not later than the third Tuesday in May of an even-numbered19-20
year.19-21
5. All documents which are submitted to a county clerk for verification19-22
must be submitted at the same time.19-23
Sec. 34. NRS 298.020 is hereby amended to read as follows: 298.020 1. Each major political party in this state, qualified by law19-25
to place upon the general election ballot candidates for the office of19-26
President and Vice President of the United States in the year when they are19-27
to be elected, shall, at the state convention of the major political party held19-28
in that year, choose from the qualified electors, who are legally registered19-29
members of that political party, the number of presidential electors19-30
required by law and no more, who must be nominated by the delegates at19-31
the state convention. Upon the nomination thereof, the chairman and the19-32
secretary of the convention shall certify the names and addresses of the19-33
nominees to the secretary of state, who shall record the names in his office19-34
as the nominees of that political party for presidential elector.19-35
2. Each minor political party in this state, qualified by law to place19-36
upon the general election ballot candidates for the office of President and19-37
Vice President of the United States in the year when they are to be elected,19-38
shall choose from the qualified electors, the number of presidential electors19-39
required by law. The person who is authorized to file the list of candidates19-40
for partisan office of the minor political party with the secretary of state19-41
pursuant to NRS 293.1725 shall certify the names and addresses of the19-42
nominees to the secretary of state, who shall record the names in his office19-43
as the nominees of that political party for presidential elector.20-1
Sec. 35. NRS 298.109 is hereby amended to read as follows: 298.109 1. A person who desires to be an independent candidate for20-3
the office of President of the United States must, not later than 5 p.m. on20-4
the second Friday in August in each year in which a presidential election is20-5
to be held, pay a filing fee of $250 and file with the secretary of state a20-6
declaration of candidacy and a petition of candidacy, in which he must also20-7
designate his nominee for Vice President. The petition must be signed by a20-8
number of registered voters equal to not less than 1 percent of the total20-9
number of votes cast at the last preceding general election for candidates20-10
for the offices of Representative in Congress and must request that the20-11
names of the proposed candidates be placed on the ballot at the general20-12
election that year. The candidate shall file a copy of the petition he intends20-13
to circulate for signatures with the secretary of state.20-14
2. The petition may consist of more than one document. Each20-15
document must bear the name of a county and only registered voters of20-16
that county may sign the document. The documents which are circulated20-17
for signature in a county must be submitted to that county clerk for20-18
verification in the manner prescribed in NRS 293.1276 to 293.1279,20-19
inclusive, not later than20-20
petition of candidacy with the secretary of state20-21
1. Each person signing shall add to his signature the address of the place at20-22
which he resides, the date that he signs and the name of the county wherein20-23
he is registered to vote. Each document of the petition must also contain20-24
the affidavit of the person who circulated the document that all signatures20-25
thereon are genuine to the best of his knowledge and belief and were20-26
signed in his presence by persons registered to vote in that county.20-27
3. Each independent candidate so nominated for the office of President20-28
shall at the time of filing his petition as provided in subsection 1, or within20-29
10 days thereafter, file with the secretary of state his written designation of20-30
the names of the number of presidential electors then authorized by law,20-31
whom the independent candidate desires to act as his electors, all of whom20-32
must then be registered voters. Immediately following receipt of each20-33
candidate’s written designation of his nominees for electors, the secretary20-34
of state shall record them in his office as the nominees for presidential20-35
electors of that independent candidate.20-36
4. If the candidacy of any person who seeks to qualify pursuant to this20-37
section is challenged, all affidavits and documents in support of the20-38
challenge must be filed with the first judicial district court not later than 520-39
p.m. on the fourth Tuesday in August. Any judicial proceeding relating to20-40
the challenge must be set for hearing not later than 5 days after the fourth20-41
Tuesday in August.21-1
5. The county clerk shall not disqualify the signature of a voter who21-2
fails to provide all21-3
is registered in the county named on the document.21-4
Sec. 36. NRS 306.015 is hereby amended to read as follows: 306.015 1. Before a petition to recall a public officer is circulated,21-6
the persons proposing to circulate the petition must file a notice of intent21-7
with the filing officer .21-8
21-9
21-10
2. The notice of intent:21-11
(a) Must be signed by three registered voters who actually voted in21-12
this state or in the county, district or municipality electing the officer at the21-13
last preceding general election.21-14
(b) Must be signed before a person authorized by law to administer21-15
oaths that the statements and signatures contained in the notice are true.21-16
(c) Is valid until the date on which the call for a special election is21-17
issued, as set forth in NRS 306.040.21-18
3. The petition may consist of more than one document. The persons21-19
filing the notice of intent shall submit the petition that was circulated for21-20
signatures to the21-21
within 60 days after the date on which the notice of intent was filed. The21-22
filing officer shall immediately submit the petition to the county clerk for21-23
verification pursuant to NRS 306.035. Any person who fails to file the21-24
petition as required by this subsection is guilty of a misdemeanor. Copies21-25
of the petition are not valid for any subsequent petition.21-26
4. The county clerk shall, upon completing the verification of the21-27
signatures on the petition, file the petition with the filing officer .21-28
21-29
21-30
5. Any person who signs a petition to recall any public officer may21-31
remove his name from the petition by submitting a request in writing to the21-32
county clerk at any time before the petition is submitted for the verification21-33
of the signatures thereon pursuant to NRS 306.035.21-34
6. A person who signs a notice of intent pursuant to subsection 1 or a21-35
petition to recall a public officer is immune from civil liability for conduct21-36
related to the exercise of his right to participate in the recall of a public21-37
officer.21-38
7. As used in this section, "filing officer" means the officer with21-39
whom the public officer to be recalled filed his declaration of candidacy21-40
or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or21-41
293C.175.22-1
Sec. 37. NRS 306.035 is hereby amended to read as follows: 306.035 1. Before a petition to recall a state officer who is elected22-3
statewide is filed with the secretary of state22-4
22-5
22-6
inclusive, the document or documents which were circulated for signature22-7
within his county.22-8
2. Before a petition to recall a state senator, assemblyman, or a county,22-9
district or municipal officer is filed22-10
22-11
clerk22-12
22-13
document or documents which were circulated for signatures within his22-14
county.22-15
3. If more than one document was circulated, all the documents must22-16
be submitted to the clerk at the same time.22-17
Sec. 38. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a22-19
petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,22-20
inclusive, the secretary of state shall notify the county clerk, the officer22-21
with whom the petition is to be filed pursuant to subsection 4 of NRS22-22
306.015 and the public officer who is the subject of the petition.22-23
2.22-24
than the date a complaint is filed pursuant to subsection 5 or the date the22-25
call for a special election is issued, whichever is earlier, a person who22-26
signs a petition to recall may request the secretary of state to strike his22-27
name from the petition .22-28
22-29
demonstrates good cause therefor, the secretary of state shall strike his22-30
name from the petition.22-31
3. Not sooner than 10 days nor more than 20 days after the secretary of22-32
state completes the notification required by subsection 1, if a complaint is22-33
not filed pursuant to subsection 5, the officer with whom the petition is22-34
filed shall issue a call for a special election in the jurisdiction in which the22-35
public officer who is the subject of the petition was elected to determine22-36
whether the people will recall him.22-37
4. The call for a special election pursuant to subsection 3 or 6 must22-38
include, without limitation:22-39
(a) The last day on which a person may register to vote to qualify to22-40
vote in the special election; and22-41
(b) The last day on which a petition to nominate other candidates for the22-42
office may be filed.23-1
23-2
a complaint in district court not later than 5 days, Saturdays ,23-3
Sundays and holidays excluded, after the secretary of state completes the23-4
notification required by subsection 1. All affidavits and documents in23-5
support of the challenge must be filed with the complaint. The court shall23-6
set the matter for hearing not later than 30 days after the complaint is filed23-7
and shall give priority to such a complaint over all other matters pending23-8
with the court, except for criminal proceedings.23-9
23-10
the petition is sufficient, it shall order the officer with whom the petition is23-11
filed to issue a call for a special election in the jurisdiction in which the23-12
public officer who is the subject of the petition was elected to determine23-13
whether the people will recall23-14
23-15
shall order the officer with whom the petition is filed to cease any further23-16
proceedings regarding the petition.23-17
Sec. 39. The amendatory provisions of this act do not apply to23-18
conduct that occurred before October 1, 1999.~