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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elections; authorizing certain special elections to be conducted by mail; revising provisions governing the recall of public officers; revising various provisions governing the circulation of petitions and verification of signatures on petitions; revising various deadlines and procedures relating to the filing and amendment of applications to register to vote, petitions, challenges, lists of candidates and reports of campaign contributions and expenditures; prohibiting the solicitation of certain contributions; revising certain provisions governing the testing of mechanical voting systems; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. A county may conduct a special election by mail. To the

1-4 extent applicable, the provisions of this chapter governing voting by mail

1-5 and absent ballot apply to a special election conducted by mail pursuant

1-6 to this section.

1-7 2. The secretary of state shall adopt regulations to carry out the

1-8 provisions of this section.

1-9 Sec. 3. A person may sign a petition required under the election laws

1-10 of this state on or after the date he is deemed to be registered to vote

1-11 pursuant to subsection 5 of NRS 293.517 or subsection 5 of NRS

1-12 293.5235.

2-1 Sec. 4. NRS 293.1276 is hereby amended to read as follows:

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

2-3 holidays, after the submission of a petition containing signatures which are

2-4 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 determine

2-6 the total number of signatures affixed to the documents and forward that

2-7 information to the secretary of state.

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

2-9 with all the county clerks is less than 100 percent of the required number

2-10 of registered voters, he shall so notify the person who submitted the

2-11 petition and the county clerks and no further action may be taken in regard

2-12 to the petition. If the petition is a petition to recall a county, district or

2-13 municipal officer, the secretary of state shall also notify the officer with

2-14 whom the petition is to be filed.

2-15 3. After the petition is submitted to the county clerk it must not be

2-16 handled by any other person except by an employee of the county clerk’s

2-17 office until it is filed with the secretary of state.

2-18 Sec. 5. NRS 293.1277 is hereby amended to read as follows:

2-19 293.1277 1. If the secretary of state finds that the total number of

2-20 signatures submitted to all the county clerks is 100 percent or more of the

2-21 number of registered voters needed to declare the petition sufficient, he

2-22 shall immediately so notify the county clerks. Within 9 days , excluding

2-23 Saturdays, Sundays and holidays , after notification, each of the county

2-24 clerks shall determine the number of registered voters who have signed the

2-25 documents submitted in his county.

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

2-27 submitted to him, a county clerk shall examine the signatures by sampling

2-28 them at random for verification. The random sample of signatures to be

2-29 verified must be drawn in such a manner that every signature which has

2-30 been submitted to the county clerk is given an equal opportunity to be

2-31 included in the sample. The sample must include an examination of at least

2-32 500 or 5 percent of the signatures, whichever is greater.

2-33 3. In determining from the records of registration the number of

2-34 registered voters who signed the documents, the county clerk may use the

2-35 signatures contained in the file of applications to register to vote. If the

2-36 county clerk uses that file, he shall ensure that every application in the file

2-37 is examined, including any application in his possession which may not yet

2-38 be entered into his records. The county clerk shall rely only on the

2-39 appearance of the signature and the address and date included with each

2-40 signature in making his determination.

2-41 4. Except as otherwise provided in subsection 6, upon completing the

2-42 examination, the county clerk shall immediately attach to the documents a

3-1 certificate properly dated, showing the result of his examination and

3-2 transmit the documents with the certificate to the secretary of state. A copy

3-3 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 is

3-5 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 the

3-7 verification of the signatures. A public officer who is the subject of a recall

3-8 petition must also be allowed to witness the verification of the signatures

3-9 on the petition.

3-10 6. For any petition containing signatures which are required to be

3-11 verified pursuant to the provisions of NRS 293.165, 293.200 or 306.035

3-12 for any county, district or municipal office within one county, the county

3-13 clerk shall not transmit to the secretary of state the documents containing

3-14 the signatures of the registered voters.

3-15 7. The secretary of state may by regulation establish further

3-16 procedures for carrying out the provisions of this section.

3-17 Sec. 6. NRS 293.1279 is hereby amended to read as follows:

3-18 293.1279 1. If the statistical sampling shows that the number of valid

3-19 signatures filed is 90 percent or more but less than 100 percent of the

3-20 number of signatures of registered voters needed to declare the petition

3-21 sufficient, the secretary of state shall order the county clerks to examine

3-22 the signatures for verification. The county clerks [must] shall examine the

3-23 signatures for verification until they determine that 100 percent of the

3-24 number of signatures of registered voters needed to declare the petition

3-25 sufficient are valid.

3-26 2. If the statistical sampling shows that the number of valid signatures

3-27 filed in any county is 90 percent or more but less than 100 percent of the

3-28 number of signatures of registered voters needed to constitute 10 percent

3-29 of the number of voters who voted at the last preceding general election in

3-30 that county, the secretary of state may order the county clerk in that county

3-31 to examine every signature for verification.

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

3-33 receipt of such an order, the clerk shall determine from the records of

3-34 registration what number of registered voters have signed the petition. If

3-35 necessary, the board of county commissioners shall allow the county clerk

3-36 additional assistants for examining the signatures and provide for their

3-37 compensation. In determining from the records of registration what

3-38 number of registered voters have signed the petition, the clerk may use any

3-39 file or list of registered voters maintained by his office or facsimiles of

3-40 voters’ signatures. The county clerk may rely on the appearance of the

3-41 signature and the address and date included with each signature in

3-42 determining the number of registered voters that signed the petition.

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

4-2 examination, the county clerk shall immediately attach to the documents of

4-3 the petition an amended certificate properly dated, showing the result of

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

4-5 amended certificate to the secretary of state. A copy of the amended

4-6 certificate must be filed in the county clerk’s office.

4-7 5. For any petition containing signatures which are required to be

4-8 verified pursuant to the provisions of NRS 293.165, 293.200 or 306.035

4-9 for any county, district or municipal office within one county, the county

4-10 clerk shall not forward to the secretary of state the documents containing

4-11 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 date

4-14 on which he receives certificates from the county clerks showing the

4-15 petition to be signed by the requisite number of voters of [the] this state.

4-16 7. If the amended certificates received from all county clerks by the

4-17 secretary of state establish that the petition is still insufficient, he shall

4-18 immediately so notify the petitioners and the county clerks. If the petition

4-19 is a petition to recall a county, district or municipal officer, the secretary of

4-20 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:

4-22 293.12793 1. If the secretary of state determines that the total

4-23 number of signatures that the county clerks have certified pursuant to NRS

4-24 293.1277 or 293.1279 is less than 100 percent of the number of registered

4-25 voters needed to make the petition sufficient, the person who submitted the

4-26 petition may contest the verification of the [votes] signatures by filing an

4-27 appeal with the secretary of state. The appeal must:

4-28 (a) Be filed within 5 working days after receipt of notification of the

4-29 determination of the secretary of state;

4-30 (b) Include each reason for the appeal; and

4-31 (c) Include a statement of the number of signatures, if any, that the

4-32 county clerk determined were invalid.

4-33 2. The secretary of state shall [consider] :

4-34 (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 of

4-36 the appeal by the person who submitted the petition; and

4-37 (b) Consider the allegations and conduct an investigation , if necessary.

4-38 Sec. 8. NRS 293.128 is hereby amended to read as follows:

4-39 293.128 1. To qualify as a major political party any organization

4-40 must, under a common name:

4-41 (a) On January 1 preceding any primary election, have been designated

4-42 as a political party on the applications to register to vote of at least 10

4-43 percent of the total number of registered voters in [the] this state; or

5-1 (b) File a petition with the secretary of state not later than the last

5-2 Friday in April before any primary election signed by a number of

5-3 registered voters equal to or more than 10 percent of the total number of

5-4 votes cast at the last preceding general election for the offices of

5-5 Representative in Congress.

5-6 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the

5-7 names of the voters need not all be on one document, but each document

5-8 of the petition must be verified by at least one of its signers to the effect

5-9 that the signers are registered voters of [the] this state according to his best

5-10 information and belief and that the signatures are genuine and were signed

5-11 in his presence. Each document of the petition must bear the name of a

5-12 county and only registered voters of that county may sign the document.

5-13 The documents which are circulated for signature must then be submitted

5-14 for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later

5-15 than [65] 25 days before the last Friday in April preceding a primary

5-16 election.

5-17 3. In addition to the requirements set forth in subsection 1, each

5-18 organization which wishes to qualify as a political party must file with the

5-19 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; and

5-23 (d) Name of the person who is authorized by the party to act as resident

5-24 agent in this state.

5-25 4. A political party shall file with the secretary of state an amended

5-26 certificate of existence within 5 days after any change in the information

5-27 contained in the certificate.

5-28 Sec. 9. NRS 293.165 is hereby amended to read as follows:

5-29 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy

5-30 occurring in a major or minor political party nomination for a partisan

5-31 office may be filled by a candidate designated by the party central

5-32 committee of the county or state, as the case may be, subject to the

5-33 provisions of subsections 4 and 5.

5-34 2. A vacancy occurring in a nonpartisan nomination after the close of

5-35 filing and before the first Tuesday in September must be filled by filing a

5-36 nominating petition that is signed by at least 1 percent of the number of

5-37 persons [who are registered to vote and] who actually voted [for the office

5-38 in question in the] in this state, or the county, district or municipality in

5-39 question, at the last preceding general election. The petition must be filed

5-40 not earlier than the first Tuesday in June and not later than the third

5-41 Tuesday in September. The petition may consist of more than one

5-42 document. Each document must bear the name of the county in which it

5-43 was circulated and only registered voters of that county may sign the

6-1 document. If the office is not a statewide office, only the registered voters

6-2 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 be

6-4 submitted to that county clerk for verification in the manner prescribed

6-5 in NRS 293.1276 to 293.1279, inclusive, not later than 25 days before the

6-6 third Tuesday in September. Each person who signs the petition shall add

6-7 to his signature the address of the place at which he actually resides, the

6-8 date that he signs the petition and the name of the county where he is

6-9 registered to vote. The person who circulates each document of the

6-10 petition shall sign an affidavit attesting that the signatures on the

6-11 document are genuine to the best of his knowledge and belief and were

6-12 signed in his presence by persons registered to vote in that county. A

6-13 candidate nominated pursuant to the provisions of this subsection may be

6-14 elected only at a general election and his name must not appear on the

6-15 ballot for a primary election.

6-16 3. A vacancy occurring in a nonpartisan nomination after a primary

6-17 election and before the second Tuesday in September must be filled by the

6-18 person who received the next highest vote for the nomination in the

6-19 primary.

6-20 4. Except to place a candidate nominated pursuant to subsection 2 on

6-21 the ballot, no change may be made on the ballot after the second Tuesday

6-22 in September of the year in which the general election is held. If a nominee

6-23 dies after that date, his name must remain on the ballot and, if elected, a

6-24 vacancy exists.

6-25 5. [All designations provided for in this section must be filed] A

6-26 candidate nominated pursuant to subsection 2 or designated pursuant to

6-27 subsection 1 must file a declaration of candidacy or acceptance of

6-28 candidacy, and pay the statutory filing fee, before 5 p.m. on the second

6-29 Tuesday in September. [In each case, the statutory filing fee must be paid

6-30 and an acceptance of the designation must be filed before 5 p.m. on that

6-31 date.]

6-32 Sec. 10. NRS 293.171 is hereby amended to read as follows:

6-33 293.171 1. To qualify as a minor political party an organization must

6-34 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; and

6-38 (d) Name of the person authorized to file the list of its candidates for

6-39 partisan office with the secretary of state.

6-40 2. A copy of the constitution or bylaws of the party must be affixed to

6-41 the certificate.

7-1 3. A minor political party shall file with the secretary of state an

7-2 amended certificate of existence within 5 days after any change in the

7-3 information contained in the certificate.

7-4 4. The constitution or bylaws of a minor political party must provide a

7-5 procedure for the nomination of its candidates in such a manner that only

7-6 one candidate may be nominated for each office.

7-7 5. A minor political party whose candidates for partisan office do not

7-8 appear on the ballot for the general election must file a notice of continued

7-9 existence with the secretary of state not later than the second Friday in

7-10 August preceding the general election.

7-11 6. A minor political party which fails to file a notice of continued

7-12 existence as required by subsection 5 ceases to exist as a minor political

7-13 party in this state.

7-14 Sec. 11. NRS 293.1715 is hereby amended to read as follows:

7-15 293.1715 1. The names of the candidates for partisan office of a

7-16 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 political

7-18 party must be placed on the ballot for the general election if the party has

7-19 filed a certificate of existence and a list of its candidates for partisan office

7-20 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 party

7-22 polled for any of its candidates for partisan office a number of votes equal

7-23 to or more than 1 percent of the total number of votes cast for the offices of

7-24 Representative in Congress;

7-25 (b) On January 1 preceding a primary election, the minor political party

7-26 has been designated as the political party on the applications to register to

7-27 vote of at least 1 percent of the total number of registered voters in [the]

7-28 this state; or

7-29 (c) Not later than the second Friday in August preceding the general

7-30 election, files a petition with the secretary of state which is signed by a

7-31 number of registered voters equal to at least 1 percent of the total number

7-32 of votes cast at the last preceding general election for the offices of

7-33 Representative in Congress.

7-34 3. The name of only one candidate of each minor political party for

7-35 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 by

7-37 paragraph (c) of subsection 2 with the secretary of state before the petition

7-38 may be circulated for signatures.

7-39 Sec. 12. NRS 293.172 is hereby amended to read as follows:

7-40 293.172 1. A petition filed pursuant to paragraph (c) of subsection 2

7-41 of NRS 293.1715 may consist of more than one document. Each document

7-42 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 document

8-2 verifying that the signers are registered voters in [the] this state according

8-3 to his best information and belief and that the signatures are genuine and

8-4 were signed in his presence; and

8-5 (c) Be submitted to the county clerk in the county in which it is

8-6 circulated for verification in the manner prescribed in NRS 293.1276 to

8-7 293.1279, inclusive, not later than [40] 25 days before the third Tuesday in

8-8 August. A challenge to the form of a petition filed pursuant to paragraph

8-9 (c) of subsection 2 of NRS 293.1715 must be made in a district court in the

8-10 county in which the petition was circulated.

8-11 2. A document which bears the name of a county may be signed only

8-12 by registered voters of that county.

8-13 3. Each person who signs a document shall also provide the address of

8-14 the place where he resides, the date that he signs and the name of the

8-15 county in which he is registered to vote.

8-16 4. The county clerk shall not disqualify the signature of a voter who

8-17 failed to provide all [of] the information required by this section if the

8-18 voter is registered in the county named on the document.

8-19 Sec. 13. NRS 293.1725 is hereby amended to read as follows:

8-20 293.1725 1. Except as otherwise provided in subsection 4, a minor

8-21 political party which wishes to place its candidates for partisan office on

8-22 the ballot for a general election and:

8-23 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2

8-24 of NRS 293.1715; or

8-25 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS

8-26 293.1715,

8-27 must file with the secretary of state a list of its candidates for partisan

8-28 office not earlier than the first Monday in May preceding the election nor

8-29 later than the last Friday in June. The list must be signed by the person so

8-30 authorized in the certificate of existence of the minor political party before

8-31 a notary public or other person authorized to take acknowledgments. The

8-32 list must not be amended after it is filed.

8-33 2. The secretary of state shall immediately forward a certified copy of

8-34 the list of candidates for partisan office of each minor political party to the

8-35 filing officer with whom each candidate must file his declaration of

8-36 candidacy.

8-37 3. Each candidate on the list must file his declaration of candidacy

8-38 with the [proper] appropriate filing officer and pay the fee required by

8-39 NRS 293.193 not earlier than the date on which the list of candidates for

8-40 partisan office of his minor political party is filed with the secretary of

8-41 state nor later than the first Wednesday in July.

8-42 4. A minor political party that wishes to place candidates for the

8-43 offices of President and Vice President of the United States on the ballot

9-1 and has otherwise qualified to place the names of its candidates for

9-2 partisan office on the ballot for the general election pursuant to the

9-3 provisions of this chapter must file with the secretary of state a certificate

9-4 of nomination for these offices not later than the first Tuesday in

9-5 September.

9-6 Sec. 14. NRS 293.175 is hereby amended to read as follows:

9-7 293.175 1. The primary election must be held on the first Tuesday of

9-8 September in each even-numbered year.

9-9 2. Candidates for partisan office of a major political party and

9-10 candidates for nonpartisan [offices] office must be nominated at the

9-11 primary election.

9-12 3. Candidates for partisan office of a minor political party must be

9-13 nominated in the manner prescribed pursuant to NRS 293.171.

9-14 4. Independent candidates for partisan office must be nominated in the

9-15 manner provided in NRS 293.200.

9-16 5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply

9-17 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 otherwise

9-21 provided for by statute.

9-22 Sec. 15. NRS 293.176 is hereby amended to read as follows:

9-23 293.176 1. Except as otherwise provided in subsection 2, no person

9-24 may be a candidate for partisan office in any election if he has changed:

9-25 (a) The designation of his political party affiliation; or

9-26 (b) His designation of political party from nonpartisan to a designation

9-27 of a political party affiliation,

9-28 on an application to register to vote in the State of Nevada or in any other

9-29 state [since the] during the time beginning on September 1 [next]

9-30 preceding the closing filing date for [the] that election and ending on the

9-31 date of that election [,] whether or not his previous registration was still

9-32 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 a

9-34 candidate of a political party that was not qualified pursuant to NRS

9-35 293.171 on the September 1 next preceding the closing filing date for the

9-36 election.

9-37 Sec. 16. NRS 293.187 is hereby amended to read as follows:

9-38 293.187 1. [On or before the third Tuesday in June, the] The

9-39 secretary of state shall forward to each county clerk a certified list

9-40 containing the name and mailing address of each person for whom

9-41 candidacy papers have been filed in the office of the secretary of state, and

9-42 who is entitled to be voted for in the county at the next succeeding primary

9-43 election, together with the title of the office for which the person is a

10-1 candidate and the party or principles he represents. The secretary of state

10-2 shall forward the certified list not later than 5 working days after the last

10-3 day upon which any candidate on the list may withdraw his candidacy

10-4 pursuant to NRS 293.202.

10-5 2. There must be a party designation only for candidates for partisan

10-6 offices.

10-7 Sec. 17. NRS 293.197 is hereby amended to read as follows:

10-8 293.197 1. In any judicial district that has more than one district

10-9 judge, each department is a separate office for the purposes of nominating

10-10 and electing the district judge of that department.

10-11 2. In any judicial district that includes a county whose population is

10-12 100,000 or more:

10-13 (a) The departments of the family division of the district court must be

10-14 denoted as such on all ballots and sample ballots, using the words "district

10-15 court judge, family division, department . . . ." Each such department must

10-16 be separately designated . [with a letter, beginning with "A" and

10-17 continuing in sequence for each department.]

10-18 (b) The remaining departments of the district court must be denoted as

10-19 such on all ballots and sample ballots, using the words "district court

10-20 judge, department . . . ." Each such department must be designated with a

10-21 numeral, beginning with "1" and continuing in sequence for each

10-22 department.

10-23 Sec. 18. NRS 293.200 is hereby amended to read as follows:

10-24 293.200 1. An independent candidate for partisan office must file

10-25 with the [proper] appropriate filing officer:

10-26 (a) A copy of the petition of candidacy that he intends to circulate for

10-27 signatures. The copy must be filed not earlier than the January 2

10-28 preceding the date of the election and not later than 25 days before the

10-29 last day to file the petition pursuant to subsection 4. The copy must also

10-30 be filed before the petition may be circulated.

10-31 (b) A petition of candidacy signed by a number of registered voters

10-32 equal to at least 1 percent of the total number of ballots cast in [the] this

10-33 state or in the county or district electing that officer at the last preceding

10-34 general election in which a person was elected to that office.

10-35 2. The petition may consist of more than one document. Each

10-36 document must bear the name of the county in which it was circulated and

10-37 only registered voters of that county may sign the document. [The person

10-38 who circulates the document must be a registered voter of that county.] If

10-39 the office is [a district] not a statewide office, only the registered voters of

10-40 [that] the county, district or municipality in question may sign the

10-41 document. The documents which are circulated for signature in a county

10-42 must be submitted to that county clerk for verification in the manner

10-43 prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [40] 25

11-1 days before [filing] the last day to file the petition of candidacy with the

12-1 [proper] appropriate filing officer [. Each signer] pursuant to subsection

12-2 4. Each person who signs the petition shall add to his signature the

12-3 address of the place at which he actually resides, the date that he signs the

12-4 petition and the name of the county where he is registered to vote . [for the

12-5 purpose of determining whether he is a registered voter.] The person who

12-6 circulates each document of the petition shall sign an affidavit attesting

12-7 that the signatures on the document are genuine to the best of his

12-8 knowledge and belief and were signed in his presence by persons

12-9 registered to vote in that county.

12-10 3. The petition of candidacy may state the principle, if any, which the

12-11 person qualified represents.

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

12-13 Monday in May preceding the general election and not later than 5 p.m. on

12-14 the third Tuesday in August.

12-15 5. No petition of candidacy may contain the name of more than one

12-16 candidate for each office to be filled.

12-17 6. A person may not file as an independent candidate if he is

12-18 proposing to run as the candidate of a political party.

12-19 7. The names of independent candidates must be placed on the general

12-20 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 this

12-22 section is challenged, all affidavits and documents in support of the

12-23 challenge must be filed not later than 5 p.m. on the fourth Tuesday in

12-24 August. Any judicial proceeding resulting from the challenge must be set

12-25 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 filed

12-28 with the secretary of state.

12-29 (b) The district court for the county where the petition of candidacy was

12-30 filed if the petition was filed with a county clerk.

12-31 10. An independent candidate for partisan office must file a

12-32 declaration of candidacy with the [proper] appropriate filing officer and

12-33 pay the fee required by NRS 293.193 not earlier than the first Monday in

12-34 May of the year in which the election is held nor later than 5 p.m. of the

12-35 first Wednesday in July.

12-36 Sec. 19. NRS 293.3606 is hereby amended to read as follows:

12-37 293.3606 1. After 8 a.m. on election day, the appropriate board shall

12-38 count in public the returns for early voting.

12-39 2. The returns for early voting must not be reported until after the polls

12-40 have closed on election day.

12-41 3. The returns for early voting [may] must be reported separately from

12-42 the regular votes of the precinct, unless reporting the returns separately

12-43 would violate the secrecy of the voter’s ballot.

13-1 4. The county clerk shall develop a procedure to ensure that each

13-2 ballot is kept secret.

13-3 5. Any person who disseminates to the public information relating to

13-4 the count of returns for early voting before the polls close is guilty of a

13-5 gross misdemeanor.

13-6 Sec. 20. NRS 293.387 is hereby amended to read as follows:

13-7 293.387 1. As soon as the returns from all the precincts and districts

13-8 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 be

13-10 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; and

13-13 (b) Take account of the changes resulting from the discovery, so that

13-14 the result declared represents the true vote cast.

13-15 3. The county clerk shall, as soon as the result is declared, enter upon

13-16 the records of the board an abstract of the result, which must contain the

13-17 number of votes cast for each candidate. The board, after making the

13-18 abstract, shall cause the county clerk to certify the abstract and, by an order

13-19 made and entered in the minutes of its proceedings, to make:

13-20 (a) A copy of the certified abstract; and

13-21 (b) A mechanized report of the abstract in compliance with regulations

13-22 adopted by the secretary of state,

13-23 and transmit them to the secretary of state [within 5] not more than 6

13-24 working days after [the day after] the election.

13-25 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 certify

13-28 to the county clerk of each county the name of each person nominated, and

13-29 the name of the office for which he is nominated.

13-30 Sec. 21. NRS 293.507 is hereby amended to read as follows:

13-31 293.507 1. The secretary of state shall prescribe:

13-32 (a) A standard form for applications to register to vote; and

13-33 (b) A special form for registration to be used in a county where

13-34 registrations are performed and records of registration are kept by

13-35 computer.

13-36 2. The county clerks shall provide forms for applications to register to

13-37 vote to field registrars in the form and number prescribed by the secretary

13-38 of state.

13-39 3. A form for an application to register to vote must include a

13-40 duplicate copy marked as the receipt to be retained by the applicant upon

13-41 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 security

14-2 card, driver’s license , [or] identification card issued by the department of

14-3 motor vehicles and public safety [.] or other identification card issued by

14-4 an agency of this state or the Federal Government that contains:

14-5 (1) A unique number; and

14-6 (2) A photograph or physical description of the voter.

14-7 (b) A line on which to enter the address at which the voter actually

14-8 resides. The application must not be accepted if the address is listed as a

14-9 post office box unless a street address has not been assigned to his

14-10 residence.

14-11 (c) A notice that the voter may not list his address as a business unless

14-12 he actually resides there.

14-13 Sec. 22. NRS 293.547 is hereby amended to read as follows:

14-14 293.547 1. After the 30th day but not later than the [15th] 20th day

14-15 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 person

14-18 whose right to vote is challenged; or

14-19 (b) The challenge is based on the personal knowledge of the registered

14-20 voter.

14-21 3. The challenge must be signed and verified by the registered voter

14-22 and name the person whose right to vote is challenged and the ground of

14-23 the challenge.

14-24 4. A challenge filed pursuant to this section must not contain the name

14-25 of more than one person whose right to vote is challenged. The county

14-26 clerk shall not accept for filing any challenge which contains more than

14-27 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 the

14-32 election board register.

14-33 (b) In counties where records of registration are kept by computer, he

14-34 shall have the challenge printed on the computer entry for the challenged

14-35 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, mail

14-37 a notice to the person whose right to vote has been challenged pursuant to

14-38 this section informing him of the challenge. A copy of the challenge must

14-39 accompany the notice.

14-40 Sec. 23. NRS 293.820 is hereby amended to read as follows:

14-41 293.820 1. It is unlawful for any person to solicit [any money] a

14-42 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 first

15-1 having obtained written approval therefor, or a charter for that

15-2 organization, from the central or executive committee of that political party

15-3 the name of which is being used or incorporated in the title of that

15-4 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 a

15-6 charter or written approval if that person or organization is:

15-7 (a) Publicly organized for the sole and limited purpose of supporting the

15-8 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 a

15-12 gross misdemeanor.

15-13 4. As used in this section, "contribution" has the meaning ascribed

15-14 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. on

15-17 the day before the first day of early voting, the county or city clerk [of a

15-18 county or city that uses a] shall test:

15-19 1. The mechanical recording device which directly records votes

15-20 electronically [shall test the] , if any; or

15-21 2. The automatic tabulating equipment and programs , if any,

15-22 to ascertain that the device or equipment and programs will correctly count

15-23 the votes cast for all offices and on all measures.

15-24 Sec. 25. NRS 293B.155 is hereby amended to read as follows:

15-25 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165

15-26 must be conducted by processing a preaudited group of logic and accuracy

15-27 test ballots so punched, voted or marked as to record a predetermined

15-28 number of valid votes for each candidate and on each measure, and must

15-29 include for each office one or more ballots which have votes in excess of

15-30 the number allowed by law in order to test the ability of the mechanical

15-31 recording device or the automatic tabulating equipment and programs to

15-32 reject those votes.

15-33 2. If any error is detected, the cause therefor must be ascertained and

15-34 corrected and an errorless count must be made before the mechanical

15-35 recording device or the automatic tabulating equipment and programs are

15-36 approved.

15-37 3. When satisfied with the accuracy of the mechanical recording

15-38 device or automatic tabulating equipment and computer program, the

15-39 accuracy certification board and the county or city clerk shall date and sign

15-40 all reports, and seal the program, if any, and the reports [,] and all test

15-41 material in an appropriate container. The container must be kept sealed by

15-42 the clerk.

16-1 4. Except as otherwise provided in this subsection, the contents of

16-2 such a sealed container are not subject to the inspection of anyone except

16-3 in the case of a contested election, and then only by the judge, body or

16-4 board before whom the election is being contested, or by the parties to the

16-5 contest, jointly, pursuant to an order of that judge, body or board. For the

16-6 period set forth in NRS 293.413 during which a candidate may file a

16-7 statement of contest, the results of the test must be made available in the

16-8 clerk’s office for public inspection.

16-9 Sec. 26. NRS 293B.170 is hereby amended to read as follows:

16-10 293B.170 After the completion of the last logic and accuracy test, the

16-11 programs used, if any, and the logic and accuracy test ballots and the

16-12 official ballots shall be sealed, retained and disposed of in the manner

16-13 provided in NRS 293.391 for other ballots.

16-14 Sec. 27. Chapter 293C of NRS is hereby amended by adding thereto a

16-15 new section to read as follows:

16-16 1. A city may conduct a special election by mail. To the extent

16-17 applicable, the provisions of this chapter governing voting by mail and

16-18 absent ballot apply to a special election conducted by mail pursuant to

16-19 this section.

16-20 2. The secretary of state shall adopt regulations to carry out the

16-21 provisions of this section.

16-22 Sec. 28. Chapter 294A of NRS is hereby amended by adding thereto a

16-23 new section to read as follows:

16-24 1. A report required to be filed pursuant to the provisions of this

16-25 chapter may be amended by filing an amended report with the officer

16-26 with whom the initial report was filed not later than 10 days after the last

16-27 date to file the initial report. The amended report must be signed in the

16-28 same manner as the initial report and have the word "Amended" at the

16-29 top of the first page in type that is more prominent than the text of the

16-30 amended report. The date of the initial report shall be deemed the date of

16-31 the report.

16-32 2. The officer shall file both the initial report and the amended

16-33 report.

16-34 Sec. 29. NRS 294A.125 is hereby amended to read as follows:

16-35 294A.125 1. In addition to complying with the requirements set forth

16-36 in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

16-37 contributions in any year before the year in which the general election or

16-38 general city election in which the candidate intends to seek election to

16-39 public office is held, shall, [not later than December 31 of:] for:

16-40 (a) The year in which he receives contributions in excess of $10,000,

16-41 report the total contributions received [.] and expenditures made in that

16-42 year.

17-1 (b) Each year after the year in which he received contributions in excess

17-2 of $10,000, until the year of the general election or general city election in

17-3 which the candidate intends to seek election to public office is held, report

17-4 the contributions received and the expenditures made in that year.

17-5 2. The reports required by subsection 1 must be submitted on a form

17-6 designed and provided by the secretary of state and signed by the candidate

17-7 under penalty of perjury.

17-8 3. Each contribution in excess of $100 and contributions that a

17-9 contributor has made cumulatively in excess of that amount must be

17-10 separately identified with the name and address of the contributor and the

17-11 date of the contribution, tabulated and reported on the form provided by

17-12 the secretary of state. Each expenditure in excess of $100 and expenditures

17-13 that the candidate made cumulatively in excess of that amount must be

17-14 separately identified with the date of the expenditure, tabulated and

17-15 reported on the form provided by the secretary of state.

17-16 4. The report must be filed [with the secretary of state.] :

17-17 (a) With the officer with whom the candidate will file the declaration

17-18 of candidacy or acceptance of candidacy for the public office the

17-19 candidate intends to seek. A candidate may mail the report to that officer

17-20 by certified mail. If certified mail is used, the date of mailing shall be

17-21 deemed the date of filing.

17-22 (b) On or before January 15 of the year immediately after the year for

17-23 which the report is made.

17-24 5. A county clerk who receives from a candidate for legislative or

17-25 judicial office, except the office of justice of the peace or municipal

17-26 judge, a report of contributions and expenditures pursuant to subsection

17-27 4 shall file a copy of the report with the secretary of state within 10

17-28 working days after he receives the report.

17-29 Sec. 30. NRS 294A.180 is hereby amended to read as follows:

17-30 294A.180 1. Each candidate for a state, district, county, city or

17-31 township office who is not elected to that office shall, not later than the

17-32 15th day of the second month after his defeat, file a report with the

17-33 secretary of state stating the amount of contributions which he received for

17-34 that campaign but did not spend and the disposition of those unspent

17-35 contributions.

17-36 2. Each public officer who is elected to a state, district, county, city or

17-37 township office shall file a report : [with the secretary of state:]

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 did

17-40 not spend and the amount, if any, of those unspent contributions disposed

17-41 of pursuant to subsection 2 of NRS 294A.160;

17-42 (b) Not later than January 15th of each year of his term beginning the

17-43 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 NRS

18-2 294A.160 during the period since his last report and the manner in which

18-3 they were disposed of; and

18-4 (c) Not later than the 15th day of the second month after he no longer

18-5 holds that office, stating the amount and disposition of any remaining

18-6 unspent contributions.

18-7 3. The reports required by subsections 1 and 2 must be submitted on a

18-8 form designed and provided by the secretary of state and signed by the

18-9 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 his

18-12 declaration of candidacy or acceptance of candidacy.

18-13 (b) May file the report by certified mail. If certified mail is used, the

18-14 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 to

18-17 subsection 4 shall file a copy of the report with the secretary of state

18-18 within 10 working days after he receives the report.

18-19 Sec. 31. NRS 294A.350 is hereby amended to read as follows:

18-20 294A.350 1. Every candidate for state, district, county, municipal or

18-21 township office shall file the reports of campaign contributions and

18-22 expenses required by NRS 294A.120, 294A.200 and 294A.360, even

18-23 though he:

18-24 (a) Withdraws his candidacy;

18-25 (b) Receives no campaign contributions; [or]

18-26 (c) Has no campaign expenses [.] ;

18-27 (d) Is removed from the ballot by court order; or

18-28 (e) Is the subject of a petition to recall and the special election is not

18-29 held.

18-30 2. A candidate who withdraws his candidacy pursuant to NRS 293.202

18-31 may file simultaneously all the reports of campaign contributions and

18-32 expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as

18-33 each report is filed on or before the last day for filing the respective report

18-34 pursuant to NRS 294A.120, 294A.200 or 294A.360.

18-35 Sec. 32. Chapter 295 of NRS is hereby amended by adding thereto a

18-36 new section to read as follows:

18-37 The legal sufficiency of a petition filed pursuant to NRS 295.015 to

18-38 295.056, inclusive, and this section, may be challenged by filing a

18-39 complaint in district court not later than 5 days, Saturdays, Sundays and

18-40 holidays excluded, after the petition is filed with the secretary of state. All

18-41 affidavits and documents in support of the challenge must be filed with

18-42 the complaint. The court shall set the matter for hearing not later than

19-1 30 days after the complaint is filed and shall give priority to such a

19-2 complaint over all other matters pending with the court, except for

19-3 criminal proceedings.

19-4 Sec. 33. NRS 295.056 is hereby amended to read as follows:

19-5 295.056 1. Before a petition for initiative or referendum is filed with

19-6 the secretary of state, the petitioners must submit to each county clerk for

19-7 verification pursuant to NRS 293.1276 to 293.1279, inclusive, the

19-8 document or documents which were circulated for signature within his

19-9 county. The clerks shall give the person submitting a document or

19-10 documents a receipt stating the number of documents and pages and the

19-11 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 a

19-13 statute, the document or documents must be submitted not later than the

19-14 second Tuesday in November of an even-numbered year.

19-15 3. If a petition for initiative proposes an amendment to the

19-16 constitution, the document or documents must be submitted not later than

19-17 the third Tuesday in June of an even-numbered year.

19-18 4. If the petition is for referendum, the document or documents must

19-19 be submitted not later than the third Tuesday in May of an even-numbered

19-20 year.

19-21 5. All documents which are submitted to a county clerk for verification

19-22 must be submitted at the same time.

19-23 Sec. 34. NRS 298.020 is hereby amended to read as follows:

19-24 298.020 1. Each major political party in this state, qualified by law

19-25 to place upon the general election ballot candidates for the office of

19-26 President and Vice President of the United States in the year when they are

19-27 to be elected, shall, at the state convention of the major political party held

19-28 in that year, choose from the qualified electors, who are legally registered

19-29 members of that political party, the number of presidential electors

19-30 required by law and no more, who must be nominated by the delegates at

19-31 the state convention. Upon the nomination thereof, the chairman and the

19-32 secretary of the convention shall certify the names and addresses of the

19-33 nominees to the secretary of state, who shall record the names in his office

19-34 as the nominees of that political party for presidential elector.

19-35 2. Each minor political party in this state, qualified by law to place

19-36 upon the general election ballot candidates for the office of President and

19-37 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 electors

19-39 required by law. The person who is authorized to file the list of candidates

19-40 for partisan office of the minor political party with the secretary of state

19-41 pursuant to NRS 293.1725 shall certify the names and addresses of the

19-42 nominees to the secretary of state, who shall record the names in his office

19-43 as the nominees of that political party for presidential elector.

20-1 Sec. 35. NRS 298.109 is hereby amended to read as follows:

20-2 298.109 1. A person who desires to be an independent candidate for

20-3 the office of President of the United States must, not later than 5 p.m. on

20-4 the second Friday in August in each year in which a presidential election is

20-5 to be held, pay a filing fee of $250 and file with the secretary of state a

20-6 declaration of candidacy and a petition of candidacy, in which he must also

20-7 designate his nominee for Vice President. The petition must be signed by a

20-8 number of registered voters equal to not less than 1 percent of the total

20-9 number of votes cast at the last preceding general election for candidates

20-10 for the offices of Representative in Congress and must request that the

20-11 names of the proposed candidates be placed on the ballot at the general

20-12 election that year. The candidate shall file a copy of the petition he intends

20-13 to circulate for signatures with the secretary of state.

20-14 2. The petition may consist of more than one document. Each

20-15 document must bear the name of a county and only registered voters of

20-16 that county may sign the document. The documents which are circulated

20-17 for signature in a county must be submitted to that county clerk for

20-18 verification in the manner prescribed in NRS 293.1276 to 293.1279,

20-19 inclusive, not later than [40] 25 days before [filing] the last day to file the

20-20 petition of candidacy with the secretary of state [.] pursuant to subsection

20-21 1. Each person signing shall add to his signature the address of the place at

20-22 which he resides, the date that he signs and the name of the county wherein

20-23 he is registered to vote. Each document of the petition must also contain

20-24 the affidavit of the person who circulated the document that all signatures

20-25 thereon are genuine to the best of his knowledge and belief and were

20-26 signed in his presence by persons registered to vote in that county.

20-27 3. Each independent candidate so nominated for the office of President

20-28 shall at the time of filing his petition as provided in subsection 1, or within

20-29 10 days thereafter, file with the secretary of state his written designation of

20-30 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 whom

20-32 must then be registered voters. Immediately following receipt of each

20-33 candidate’s written designation of his nominees for electors, the secretary

20-34 of state shall record them in his office as the nominees for presidential

20-35 electors of that independent candidate.

20-36 4. If the candidacy of any person who seeks to qualify pursuant to this

20-37 section is challenged, all affidavits and documents in support of the

20-38 challenge must be filed with the first judicial district court not later than 5

20-39 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to

20-40 the challenge must be set for hearing not later than 5 days after the fourth

20-41 Tuesday in August.

21-1 5. The county clerk shall not disqualify the signature of a voter who

21-2 fails to provide all [of] the information required by this section if the voter

21-3 is registered in the county named on the document.

21-4 Sec. 36. NRS 306.015 is hereby amended to read as follows:

21-5 306.015 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 intent

21-7 with the filing officer . [with whom the public officer to be recalled filed

21-8 his declaration of candidacy or acceptance of candidacy pursuant to NRS

21-9 293.185, 293C.145 or 293C.175.]

21-10 2. The notice of intent:

21-11 (a) Must be signed by three registered voters who actually voted in [the]

21-12 this state or in the county, district or municipality electing the officer at the

21-13 last preceding general election.

21-14 (b) Must be signed before a person authorized by law to administer

21-15 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 is

21-17 issued, as set forth in NRS 306.040.

21-18 3. The petition may consist of more than one document. The persons

21-19 filing the notice of intent shall submit the petition that was circulated for

21-20 signatures to the [county clerk pursuant to NRS 306.035] filing officer

21-21 within 60 days after the date on which the notice of intent was filed. The

21-22 filing officer shall immediately submit the petition to the county clerk for

21-23 verification pursuant to NRS 306.035. Any person who fails to file the

21-24 petition as required by this subsection is guilty of a misdemeanor. Copies

21-25 of the petition are not valid for any subsequent petition.

21-26 4. The county clerk shall, upon completing the verification of the

21-27 signatures on the petition, file the petition with the filing officer . [with

21-28 whom the public officer to be recalled filed his declaration of candidacy or

21-29 acceptance of candidacy.]

21-30 5. Any person who signs a petition to recall any public officer may

21-31 remove his name from the petition by submitting a request in writing to the

21-32 county clerk at any time before the petition is submitted for the verification

21-33 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 a

21-35 petition to recall a public officer is immune from civil liability for conduct

21-36 related to the exercise of his right to participate in the recall of a public

21-37 officer.

21-38 7. As used in this section, "filing officer" means the officer with

21-39 whom the public officer to be recalled filed his declaration of candidacy

21-40 or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or

21-41 293C.175.

22-1 Sec. 37. NRS 306.035 is hereby amended to read as follows:

22-2 306.035 1. Before a petition to recall a state officer who is elected

22-3 statewide is filed with the secretary of state [, the petitioners must submit

22-4 to] pursuant to subsection 4 of NRS 306.015, each county clerk [for

22-5 verification] must verify, pursuant to NRS 293.1276 to 293.1279,

22-6 inclusive, the document or documents which were circulated for signature

22-7 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 filed [with the proper officer, the petitioners

22-10 must submit to] pursuant to subsection 4 of NRS 306.015, the county

22-11 clerk [for verification limited to the relevant area in the manner prescribed

22-12 in] must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the

22-13 document or documents which were circulated for signatures within his

22-14 county.

22-15 3. If more than one document was circulated, all the documents must

22-16 be submitted to the clerk at the same time.

22-17 Sec. 38. NRS 306.040 is hereby amended to read as follows:

22-18 306.040 1. Upon determining that the number of signatures on a

22-19 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 officer

22-21 with whom the petition is to be filed pursuant to subsection 4 of NRS

22-22 306.015 and the public officer who is the subject of the petition.

22-23 2. [Any] After the verification of signatures is complete, but not later

22-24 than the date a complaint is filed pursuant to subsection 5 or the date the

22-25 call for a special election is issued, whichever is earlier, a person who

22-26 signs a petition to recall may request the secretary of state to strike his

22-27 name from the petition . [after the verification of signatures is complete

22-28 and before the date the call for a special election is issued.] If the person

22-29 demonstrates good cause therefor, the secretary of state shall strike his

22-30 name from the petition.

22-31 3. Not sooner than 10 days nor more than 20 days after the secretary of

22-32 state completes the notification required by subsection 1, if a complaint is

22-33 not filed pursuant to subsection 5, the officer with whom the petition is

22-34 filed shall issue a call for a special election in the jurisdiction in which the

22-35 public officer who is the subject of the petition was elected to determine

22-36 whether the people will recall him.

22-37 4. The call for a special election pursuant to subsection 3 or 6 must

22-38 include, without limitation:

22-39 (a) The last day on which a person may register to vote to qualify to

22-40 vote in the special election; and

22-41 (b) The last day on which a petition to nominate other candidates for the

22-42 office may be filed.

23-1 [4.] 5. The legal sufficiency of the petition may be challenged by filing

23-2 a complaint in district court not later than 5 days, Saturdays , [and]

23-3 Sundays and holidays excluded, after the secretary of state completes the

23-4 notification required by subsection 1. All affidavits and documents in

23-5 support of the challenge must be filed with the complaint. The court shall

23-6 set the matter for hearing not later than 30 days after the complaint is filed

23-7 and shall give priority to such a complaint over all other matters pending

23-8 with the court, except for criminal proceedings.

23-9 [5.] 6. Upon the conclusion of the hearing, if the court determines that

23-10 the petition is sufficient, it shall order the officer with whom the petition is

23-11 filed to issue a call for a special election in the jurisdiction in which the

23-12 public officer who is the subject of the petition was elected to determine

23-13 whether the people will recall [the public officer who is the subject of the

23-14 petition.] him. If the court determines that the petition is not sufficient, it

23-15 shall order the officer with whom the petition is filed to cease any further

23-16 proceedings regarding the petition.

23-17 Sec. 39. The amendatory provisions of this act do not apply to

23-18 conduct that occurred before October 1, 1999.

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