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; revising provisions governing the recall of public officers; revising various provisions governing the circulation of petitions and verification of signatures on petitions; changing the date of the primary city election for certain cities; revising various deadlines and procedures relating to the filing of petitions, challenges, withdrawals of candidacy, 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 a

1-2 new section to read as follows:

1-3 A person may sign a petition required under the election laws of this

1-4 state on or after the date he is deemed to be registered to vote pursuant to

1-5 subsection 5 of NRS 293.517 or subsection 5 of NRS 293.5235.

1-6 Sec. 2. NRS 293.12793 is hereby amended to read as follows:

1-7 293.12793 1. If the secretary of state determines that the total

1-8 number of signatures that the county clerks have certified pursuant to NRS

1-9 293.1277 or 293.1279 is less than 100 percent of the number of registered

1-10 voters needed to make the petition sufficient, the person who submitted the

1-11 petition may contest the verification of the [votes] signatures by filing an

1-12 appeal with the secretary of state. The appeal must:

2-1 (a) Be filed within 5 working days after receipt of notification of the

2-2 determination of the secretary of state;

2-3 (b) Include each reason for the appeal; and

2-4 (c) Include a statement of the number of signatures, if any, that the

2-5 county clerk determined were invalid.

2-6 2. The secretary of state shall [consider] :

2-7 (a) If the petition was circulated pursuant to chapter 306 of NRS,

2-8 immediately notify the public officer who is the subject of the petition of

2-9 the appeal by the person who submitted the petition; and

2-10 (b) Consider the allegations and conduct an investigation , if necessary.

2-11 Sec. 3. NRS 293.128 is hereby amended to read as follows:

2-12 293.128 1. To qualify as a major political party any organization

2-13 must, under a common name:

2-14 (a) On January 1 preceding any primary election, have been designated

2-15 as a political party on the applications to register to vote of at least 10

2-16 percent of the total number of registered voters in [the] this state; or

2-17 (b) File a petition with the secretary of state not later than the last Friday

2-18 in April before any primary election signed by a number of registered

2-19 voters equal to or more than 10 percent of the total number of votes cast at

2-20 the last preceding general election for the offices of Representative in

2-21 Congress.

2-22 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the

2-23 names of the voters need not all be on one document, but each document of

2-24 the petition must be verified by at least one of its signers to the effect that

2-25 the signers are registered voters of [the] this state according to his best

2-26 information and belief and that the signatures are genuine and were signed

2-27 in his presence. Each document of the petition must bear the name of a

2-28 county and only registered voters of that county may sign the document.

2-29 The documents which are circulated for signature must then be submitted

2-30 for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later

2-31 than [65] 25 working days before the last Friday in April preceding a

2-32 primary election.

2-33 3. In addition to the requirements set forth in subsection 1, each

2-34 organization which wishes to qualify as a political party must file with the

2-35 secretary of state a certificate of existence which includes the:

2-36 (a) Name of the political party;

2-37 (b) Names and addresses of its officers;

2-38 (c) Names of the members of its executive committee; and

2-39 (d) Name of the person who is authorized by the party to act as resident

2-40 agent in this state.

2-41 4. A political party shall file with the secretary of state an amended

2-42 certificate of existence within 5 days after any change in the information

2-43 contained in the certificate.

3-1 Sec. 4. NRS 293.165 is hereby amended to read as follows:

3-2 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy

3-3 occurring in a major or minor political party nomination for a partisan

3-4 office may be filled by a candidate designated by the party central

3-5 committee of the county or state, as the case may be, subject to the

3-6 provisions of subsections 4 and 5.

3-7 2. A vacancy occurring in a nonpartisan nomination after the close of

3-8 filing and before the first Tuesday in September must be filled by filing a

3-9 nominating petition that is signed by at least 1 percent of the persons who

3-10 are registered to vote and who voted for the office in question in the state,

3-11 county, district or municipality at the last preceding general election. The

3-12 petition must be filed not earlier than the first Tuesday in June and not later

3-13 than the third Tuesday in September. A candidate nominated pursuant to

3-14 the provisions of this subsection may be elected only at a general election

3-15 and his name must not appear on the ballot for a primary election.

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

3-17 election and before the second Tuesday in September must be filled by the

3-18 person who received the next highest vote for the nomination in the

3-19 primary.

3-20 4. Except to place a candidate nominated pursuant to subsection 2 on

3-21 the ballot, no change may be made on the ballot after the second Tuesday

3-22 in September of the year in which the general election is held. If a nominee

3-23 dies after that date, his name must remain on the ballot and, if elected, a

3-24 vacancy exists.

3-25 5. All designations provided for in this section must be filed before 5

3-26 p.m. on the second Tuesday in September. In each case, the statutory filing

3-27 fee must be paid and an acceptance of the designation must be filed before

3-28 5 p.m. on that date.

3-29 Sec. 5. NRS 293.171 is hereby amended to read as follows:

3-30 293.171 1. To qualify as a minor political party an organization must

3-31 file with the secretary of state a certificate of existence which includes the:

3-32 (a) Name of the political party;

3-33 (b) Names of its officers;

3-34 (c) Names of the members of its executive committee; and

3-35 (d) Name of the person authorized to file the list of its candidates for

3-36 partisan office with the secretary of state.

3-37 2. A copy of the constitution or bylaws of the party must be affixed to

3-38 the certificate.

3-39 3. A minor political party shall file with the secretary of state an

3-40 amended certificate of existence within 5 days after any change in the

3-41 information contained in the certificate.

4-1 4. The constitution or bylaws of a minor political party must provide a

4-2 procedure for the nomination of its candidates in such a manner that only

4-3 one candidate may be nominated for each office.

4-4 5. A minor political party whose candidates for partisan office do not

4-5 appear on the ballot for the general election must file a notice of continued

4-6 existence with the secretary of state not later than the second Friday in

4-7 August preceding the general election.

4-8 6. A minor political party which fails to file a notice of continued

4-9 existence as required by subsection 5 ceases to exist as a minor political

4-10 party in this state.

4-11 Sec. 6. NRS 293.1715 is hereby amended to read as follows:

4-12 293.1715 1. The names of the candidates for partisan office of a

4-13 minor political party must not appear on the ballot for a primary election.

4-14 2. The names of the candidates for partisan office of a minor political

4-15 party must be placed on the ballot for the general election if the party has

4-16 filed a certificate of existence and a list of its candidates for partisan office

4-17 pursuant to the provisions of NRS 293.1725 with the secretary of state and:

4-18 (a) At the last preceding general election, the minor political party

4-19 polled for any of its candidates for partisan office a number of votes equal

4-20 to or more than 1 percent of the total number of votes cast for the offices of

4-21 Representative in Congress;

4-22 (b) On January 1 preceding a primary election, the minor political party

4-23 has been designated as the political party on the applications to register to

4-24 vote of at least 1 percent of the total number of registered voters in [the]

4-25 this state; or

4-26 (c) Not later than the second Friday in August preceding the general

4-27 election, files a petition with the secretary of state which is signed by a

4-28 number of registered voters equal to at least 1 percent of the total number

4-29 of votes cast at the last preceding general election for the offices of

4-30 Representative in Congress.

4-31 3. The name of a candidate for partisan office for a minor political

4-32 party other than a candidate for the office of President or Vice President of

4-33 the United States must be placed on the ballot for the general election if the

4-34 party has filed:

4-35 (a) A certificate of existence;

4-36 (b) A list of candidates for partisan office containing the name of the

4-37 candidate pursuant to the provisions of NRS 293.1725 with the secretary of

4-38 state; and

4-39 (c) Not earlier than the first Monday in May preceding the general

4-40 election and not later than 5 p.m. on the third Monday in May, a petition on

4-41 behalf of the candidate with the secretary of state containing not less than:

4-42 (1) Two hundred fifty signatures of registered voters if the candidate

4-43 is to be nominated for a statewide office; or

5-1 (2) One hundred signatures of registered voters if the candidate is to

5-2 be nominated for any office except a statewide office.

5-3 A minor political party that places names of one or more candidates for

5-4 partisan office on the ballot pursuant to this subsection may also place the

5-5 names of one or more candidates for partisan office on the ballot pursuant

5-6 to subsection 2.

5-7 4. The name of only one candidate of each minor political party for

5-8 each partisan office may appear on the ballot for a general election.

5-9 5. A minor political party must file a copy of the petition required by

5-10 paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the

5-11 secretary of state before the petition may be circulated for signatures.

5-12 Sec. 7. NRS 293.172 is hereby amended to read as follows:

5-13 293.172 1. A petition filed pursuant to subsection 2 or 3 of NRS

5-14 293.1715 may consist of more than one document. Each document of the

5-15 petition must:

5-16 (a) Bear the name of the minor political party and, if applicable, the

5-17 candidate and office to which the candidate is to be nominated.

5-18 (b) Include the affidavit of the person who circulated the document

5-19 verifying that the signers are registered voters in [the] this state according

5-20 to his best information and belief and that the signatures are genuine and

5-21 were signed in his presence.

5-22 (c) Bear the name of a county and be [verified by] submitted to the

5-23 county clerk of that county for verification in the manner prescribed in

5-24 NRS 293.1276 to 293.1279, inclusive, not later than 25 working days

5-25 before the last day to file the petition . [is filed with the secretary of state

5-26 pursuant to subsection 2 or 3 of NRS 293.1715.] A challenge to the form of

5-27 a document must be made in a district court in the county that is named on

5-28 the document.

5-29 (d) Be signed only by registered voters of the county that is named on

5-30 the document.

5-31 2. If the office to which the candidate is to be nominated is a county

5-32 office, only the registered voters of that county may sign the petition. If the

5-33 office to which the candidate is to be nominated is a district office, only the

5-34 registered voters of that district may sign the petition.

5-35 3. Each person who signs a petition shall also provide the address of

5-36 the place where he resides, the date that he signs and the name of the

5-37 county in which he is registered to vote.

5-38 4. The county clerk shall not disqualify the signature of a voter who

5-39 failed to provide all [of] the information required by subsection 3 if the

5-40 voter is registered in the county that is named on the document.

6-1 Sec. 8. NRS 293.1725 is hereby amended to read as follows:

6-2 293.1725 1. Except as otherwise provided in subsection 4, a minor

6-3 political party that wishes to place its candidates for partisan office on the

6-4 ballot for a general election and:

6-5 (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of

6-6 NRS 293.1715;

6-7 (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS

6-8 293.1715; or

6-9 (c) Whose candidates are entitled to appear on the ballot pursuant to

6-10 subsection 3 of NRS 293.1715,

6-11 must file with the secretary of state a list of its candidates for partisan

6-12 office not earlier than the first Monday in May preceding the election nor

6-13 later than 5 p.m. on the third Monday in May. The list must be signed by

6-14 the person so authorized in the certificate of existence of the minor political

6-15 party before a notary public or other person authorized to take

6-16 acknowledgments. The secretary of state shall strike from the list each

6-17 candidate who is not entitled to appear on the ballot pursuant to subsection

6-18 3 of NRS 293.1715 if the minor political party is not entitled to place

6-19 candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list

6-20 must not be amended after it is filed.

6-21 2. The secretary of state shall immediately forward a certified copy of

6-22 the list of candidates for partisan office of each minor political party to the

6-23 filing officer with whom each candidate must file his declaration of

6-24 candidacy.

6-25 3. Each candidate on the list must file his declaration of candidacy with

6-26 the [proper] appropriate filing officer and pay the fee required by NRS

6-27 293.193 not earlier than the date on which the list of candidates for

6-28 partisan office of his minor political party is filed with the secretary of

6-29 state nor later than 5 p.m. on the third Monday in May.

6-30 4. A minor political party that wishes to place candidates for the offices

6-31 of President and Vice President of the United States on the ballot and has

6-32 qualified to place the names of its candidates for partisan office on the

6-33 ballot for the general election pursuant to subsection 2 of NRS 293.1715

6-34 must file with the secretary of state a certificate of nomination for these

6-35 offices not later than the first Tuesday in September.

6-36 Sec. 9. NRS 293.175 is hereby amended to read as follows:

6-37 293.175 1. The primary election must be held on the first Tuesday of

6-38 September in each even-numbered year.

6-39 2. Candidates for partisan office of a major political party and

6-40 candidates for nonpartisan [offices] office must be nominated at the

6-41 primary election.

7-1 3. Candidates for partisan office of a minor political party must be

7-2 nominated in the manner prescribed pursuant to NRS 293.171 to 293.174,

7-3 inclusive.

7-4 4. Independent candidates for partisan office must be nominated in the

7-5 manner provided in NRS 293.200.

7-6 5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply

7-7 to:

7-8 (a) Special elections to fill vacancies.

7-9 (b) The nomination of the officers of incorporated cities.

7-10 (c) The nomination of district officers whose nomination is otherwise

7-11 provided for by statute.

7-12 Sec. 10. NRS 293.176 is hereby amended to read as follows:

7-13 293.176 1. Except as otherwise provided in subsection 2, no person

7-14 may be a candidate for partisan office in any election if he has changed:

7-15 (a) The designation of his political party affiliation; or

7-16 (b) His designation of political party from nonpartisan to a designation

7-17 of a political party affiliation,

7-18 on an application to register to vote in the State of Nevada or in any other

7-19 state [since the] during the time beginning on September 1 [next]

7-20 preceding the closing filing date for [the] that election and ending on the

7-21 date of that election [,] whether or not his previous registration was still

7-22 effective at the time of the change in party designation.

7-23 2. The provisions of subsection 1 do not apply to any person who is a

7-24 candidate of a political party that was not qualified pursuant to NRS

7-25 293.171 on the September 1 next preceding the closing filing date for the

7-26 election.

7-27 Sec. 11. NRS 293.187 is hereby amended to read as follows:

7-28 293.187 1. [On or before the third Tuesday in June, the] The

7-29 secretary of state shall forward to each county clerk a certified list

7-30 containing the name and mailing address of each person for whom

7-31 candidacy papers have been filed in the office of the secretary of state, and

7-32 who is entitled to be voted for in the county at the next succeeding primary

7-33 election, together with the title of the office for which the person is a

7-34 candidate and the party or principles he represents. The secretary of state

7-35 shall forward the certified list not later than 5 working days after the last

7-36 day upon which any candidate on the list may withdraw his candidacy

7-37 pursuant to NRS 293.202.

7-38 2. There must be a party designation only for candidates for partisan

7-39 offices.

7-40 Sec. 12. NRS 293.197 is hereby amended to read as follows:

7-41 293.197 1. In any judicial district that has more than one district

7-42 judge, each department is a separate office for the purposes of nominating

7-43 and electing the district judge of that department.

8-1 2. In any judicial district that includes a county whose population is

8-2 100,000 or more:

8-3 (a) The departments of the family division of the district court must be

8-4 denoted as such on all ballots and sample ballots, using the words "district

8-5 court judge, family division, department . . . ." Each such department must

8-6 be separately designated . [with a letter, beginning with "A" and continuing

8-7 in sequence for each department.]

8-8 (b) The remaining departments of the district court must be denoted as

8-9 such on all ballots and sample ballots, using the words "district court judge,

8-10 department . . . ." Each such department must be designated with a numeral,

8-11 beginning with "1" and continuing in sequence for each department.

8-12 Sec. 13. NRS 293.200 is hereby amended to read as follows:

8-13 293.200 1. An independent candidate for partisan office must file

8-14 with the [proper] appropriate filing officer:

8-15 (a) A copy of the petition of candidacy that he intends to circulate for

8-16 signatures. The copy must be filed not earlier than the January 2

8-17 preceding the date of the election and not later than 25 working days

8-18 before the last day to file the petition pursuant to subsection 4. The copy

8-19 must also be filed before the petition may be circulated.

8-20 (b) Either of the following:

8-21 (1) A petition of candidacy signed by a number of registered voters

8-22 equal to at least 1 percent of the total number of ballots cast in [the] this

8-23 state or in the county or district electing that officer at the last preceding

8-24 general election in which a person was elected to that office.

8-25 (2) A petition of candidacy signed by 250 registered voters if the

8-26 candidate is a candidate for statewide office, or signed by 100 registered

8-27 voters if the candidate is a candidate for any office other than a statewide

8-28 office.

8-29 2. The petition may consist of more than one document. Each

8-30 document must bear the name of the county in which it was circulated and

8-31 only registered voters of that county may sign the document. [The person

8-32 who circulates the document must be a registered voter of that county.] If

8-33 the office is [a district] not a statewide office, only the registered voters of

8-34 [that] the county, district or municipality in question may sign the

8-35 document. The documents that are circulated for signature in a county must

8-36 be [verified by] submitted to that county clerk for verification in the

8-37 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than

8-38 25 working days before the last day to file the petition [is filed] pursuant to

8-39 subsection 4. Each [signer] person who signs the petition shall add to his

8-40 signature the address of the place at which he actually resides, the date that

8-41 he signs the petition and the name of the county where he is registered to

8-42 vote . [for the purpose of determining whether he is a registered voter.] The

8-43 person who circulates each document of the petition shall sign an affidavit

9-1 attesting that the signatures on the document are genuine to the best of his

9-2 knowledge and belief and were signed in his presence by persons registered

9-3 to vote in that county.

9-4 3. The petition of candidacy may state the principle, if any, which the

9-5 person qualified represents.

9-6 4. Petitions of candidacy must be filed not earlier than the first Monday

9-7 in May preceding the general election and not later than 5 p.m. on the third

9-8 Monday in May.

9-9 5. No petition of candidacy may contain the name of more than one

9-10 candidate for each office to be filled.

9-11 6. A person may not file as an independent candidate if he is proposing

9-12 to run as the candidate of a political party.

9-13 7. The names of independent candidates must be placed on the general

9-14 election ballot and must not appear on the primary election ballot.

9-15 8. If the candidacy of any person seeking to qualify pursuant to this

9-16 section is challenged, all affidavits and documents in support of the

9-17 challenge must be filed not later than 5 p.m. on the fourth Monday in May.

9-18 Any judicial proceeding resulting from the challenge must be set for

9-19 hearing not more than 5 days after the fourth Monday in May.

9-20 9. Any challenge pursuant to subsection 8 must be filed with:

9-21 (a) The first judicial district court if the petition of candidacy was filed

9-22 with the secretary of state.

9-23 (b) The district court for the county where the petition of candidacy was

9-24 filed if the petition was filed with a county clerk.

9-25 10. An independent candidate for partisan office must file a declaration

9-26 of candidacy with the [proper] appropriate filing officer and pay the fee

9-27 required by NRS 293.193 not earlier than the first Monday in May of the

9-28 year in which the election is held nor later than 5 p.m. on the third Monday

9-29 in May.

9-30 Sec. 14. NRS 293.202 is hereby amended to read as follows:

9-31 293.202 A withdrawal of candidacy for office must be in writing and

9-32 must be presented by the candidate in person, within 7 days , excluding

9-33 Saturdays, Sundays and holidays, after the last day for filing, to the officer

9-34 whose duty it is to receive filings for candidacy for that office.

9-35 Sec. 15. NRS 293.3606 is hereby amended to read as follows:

9-36 293.3606 1. After 8 a.m. on election day, the appropriate board shall

9-37 count in public the returns for early voting.

9-38 2. The returns for early voting must not be reported until after the polls

9-39 have closed on election day.

9-40 3. The returns for early voting [may] must be reported separately from

9-41 the regular votes of the precinct, unless reporting the returns separately

9-42 would violate the secrecy of the voter’s ballot.

10-1 4. The county clerk shall develop a procedure to ensure that each ballot

10-2 is kept secret.

10-3 5. Any person who disseminates to the public information relating to

10-4 the count of returns for early voting before the polls close is guilty of a

10-5 gross misdemeanor.

10-6 Sec. 16. NRS 293.387 is hereby amended to read as follows:

10-7 293.387 1. As soon as the returns from all the precincts and districts

10-8 in any county have been received by the board of county commissioners,

10-9 the board shall meet and canvass the returns. The canvass must be

10-10 completed on or before the fifth working day following the election.

10-11 2. In making its canvass, the board shall:

10-12 (a) Note separately any clerical errors discovered; and

10-13 (b) Take account of the changes resulting from the discovery, so that the

10-14 result declared represents the true vote cast.

10-15 3. The county clerk shall, as soon as the result is declared, enter upon

10-16 the records of the board an abstract of the result, which must contain the

10-17 number of votes cast for each candidate. The board, after making the

10-18 abstract, shall cause the county clerk to certify the abstract and, by an order

10-19 made and entered in the minutes of its proceedings, to make:

10-20 (a) A copy of the certified abstract; and

10-21 (b) A mechanized report of the abstract in compliance with regulations

10-22 adopted by the secretary of state,

10-23 and transmit them to the secretary of state [within 5] not more than 6

10-24 working days after [the day after] the election.

10-25 4. The secretary of state shall, immediately after any primary election,

10-26 compile the returns for all candidates voted for in more than one county. He

10-27 shall make out and file in his office an abstract thereof, and shall certify to

10-28 the county clerk of each county the name of each person nominated, and the

10-29 name of the office for which he is nominated.

10-30 Sec. 17. NRS 293.820 is hereby amended to read as follows:

10-31 293.820 1. It is unlawful for any person to solicit [any money] a

10-32 contribution for any organization the title of which incorporates the name,

10-33 or any form of the name, of any political party in this state without first

10-34 having obtained written approval therefor, or a charter for that

10-35 organization, from the central or executive committee of that political party

10-36 the name of which is being used or incorporated in the title of that

10-37 organization for the county in which the money is being solicited.

10-38 2. This section does not require any person or organization to obtain a

10-39 charter or written approval if that person or organization is:

10-40 (a) Publicly organized for the sole and limited purpose of supporting the

10-41 candidacy of a particular candidate in a single election.

11-1 (b) Chartered by a national political party or organization.

11-2 (c) Chartered by a state central committee in Nevada.

11-3 3. Any person who violates any provision of this section is guilty of a

11-4 gross misdemeanor.

11-5 4. As used in this section, "contribution" has the meaning ascribed

11-6 to it in NRS 294A.007.

11-7 Sec. 18. NRS 293B.150 is hereby amended to read as follows:

11-8 293B.150 Not earlier than 2 weeks before and not later than 5 p.m. on

11-9 the day before the first day of early voting, the county or city clerk [of a

11-10 county or city that uses a] shall test:

11-11 1. The mechanical recording device which directly records votes

11-12 electronically [shall test the] , if any; or

11-13 2. The automatic tabulating equipment and programs , if any,

11-14 to ascertain that the device or equipment and programs will correctly count

11-15 the votes cast for all offices and on all measures.

11-16 Sec. 19. NRS 293B.155 is hereby amended to read as follows:

11-17 293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165

11-18 must be conducted by processing a preaudited group of logic and accuracy

11-19 test ballots so punched, voted or marked as to record a predetermined

11-20 number of valid votes for each candidate and on each measure, and must

11-21 include for each office one or more ballots which have votes in excess of

11-22 the number allowed by law in order to test the ability of the mechanical

11-23 recording device or the automatic tabulating equipment and programs to

11-24 reject those votes.

11-25 2. If any error is detected, the cause therefor must be ascertained and

11-26 corrected and an errorless count must be made before the mechanical

11-27 recording device or the automatic tabulating equipment and programs are

11-28 approved.

11-29 3. When satisfied with the accuracy of the mechanical recording

11-30 device or automatic tabulating equipment and computer program, the

11-31 accuracy certification board and the county or city clerk shall date and sign

11-32 all reports, and seal the program, if any, and the reports [,] and all test

11-33 material in an appropriate container. The container must be kept sealed by

11-34 the clerk.

11-35 4. Except as otherwise provided in this subsection, the contents of such

11-36 a sealed container are not subject to the inspection of anyone except in the

11-37 case of a contested election, and then only by the judge, body or board

11-38 before whom the election is being contested, or by the parties to the

11-39 contest, jointly, pursuant to an order of that judge, body or board. For the

11-40 period set forth in NRS 293.413 during which a candidate may file a

11-41 statement of contest, the results of the test must be made available in the

11-42 clerk’s office for public inspection.

12-1 Sec. 20. NRS 293B.170 is hereby amended to read as follows:

12-2 293B.170 After the completion of the last logic and accuracy test, the

12-3 programs used, if any, and the logic and accuracy test ballots and the

12-4 official ballots shall be sealed, retained and disposed of in the manner

12-5 provided in NRS 293.391 for other ballots.

12-6 Sec. 21. NRS 293C.175 is hereby amended to read as follows:

12-7 293C.175 1. A primary city election must be held in each city of the

12-8 first class, and in each city of the second class that has so provided by

12-9 ordinance, on the first Tuesday after the first Monday in [May] April of

12-10 every year in which a general city election is to be held, at which time there

12-11 must be nominated candidates for offices to be voted for at the next general

12-12 city election.

12-13 2. A candidate for any office to be voted for at the primary city

12-14 election must file a declaration of candidacy with the city clerk not less

12-15 than 60 days nor more than 70 days before the date of the primary city

12-16 election. The city clerk shall charge and collect from the candidate and the

12-17 candidate must pay to the city clerk, at the time of filing the declaration of

12-18 candidacy, a filing fee in an amount fixed by the governing body of the city

12-19 by ordinance or resolution. The filing fees collected by the city clerk must

12-20 be deposited to the credit of the general fund of the city.

12-21 3. All candidates, except as otherwise provided in NRS 266.220, must

12-22 be voted upon by the electors of the city at large.

12-23 4. If, in a primary city election held in a city of the first or second class,

12-24 one candidate receives more than a majority of votes cast in that election

12-25 for the office for which he is a candidate, his name alone must be placed on

12-26 the ballot for the general city election. If, in the primary city election, no

12-27 candidate receives a majority of votes cast in that election for the office for

12-28 which he is a candidate, the names of the two candidates receiving the

12-29 highest number of votes must be placed on the ballot for the general city

12-30 election.

12-31 Sec. 22. NRS 293C.190 is hereby amended to read as follows:

12-32 293C.190 1. A vacancy occurring in a nomination for a city office

12-33 after the close of filing and before the first Tuesday after the first Monday

12-34 in [May] April in a year in which a general city election is held must be

12-35 filled by filing a nominating petition that is signed by at least 1 percent of

12-36 the persons who are registered to vote and who voted for that office at the

12-37 last preceding general city election. The petition must be filed not earlier

12-38 than 30 days before the date of the primary city election and not later than

12-39 the third Tuesday after the third Monday in [May.] April. A candidate

12-40 nominated pursuant to the provisions of this subsection may be elected only

12-41 at a general city election and his name must not appear on the ballot for a

12-42 primary city election.

13-1 2. A vacancy occurring in a nomination for a city office after a primary

13-2 city election and before the second Tuesday after the second Monday in

13-3 [May] April must be filled by the person who received the next highest vote

13-4 for the nomination in the primary city election.

13-5 3. Except to place a candidate nominated pursuant to subsection 1 on

13-6 the ballot, no change may be made on the ballot after the second Tuesday

13-7 after the second Monday in [May] April of the year in which the general

13-8 city election is held. If a nominee dies after that date, his name must remain

13-9 on the ballot and, if elected, a vacancy exists.

13-10 4. All designations provided for in this section must be filed before 5

13-11 p.m. on the second Tuesday after the second Monday in [May] April of the

13-12 year in which the general city election is held. The filing fee must be paid

13-13 and an acceptance of the designation must be filed before 5 p.m. on that

13-14 date.

13-15 Sec. 23. NRS 293C.195 is hereby amended to read as follows:

13-16 293C.195 A withdrawal of candidacy for a city office must be in

13-17 writing and presented to the city clerk by the candidate in person within 2

13-18 days , excluding Saturdays, Sundays and holidays, after the last day for

13-19 filing a declaration of candidacy or an acceptance of candidacy.

13-20 Sec. 24. NRS 293C.345 is hereby amended to read as follows:

13-21 293C.345 The city clerk shall mail to each registered voter in each

13-22 mailing precinct and in each absent ballot mailing precinct, before 5 p.m.

13-23 on the third Thursday in [April] March and before 5 p.m. on the fourth

13-24 Tuesday in May of any year in which a general city election is held, an

13-25 official mailing ballot to be voted by him at the election.

13-26 Sec. 25. NRS 293C.370 is hereby amended to read as follows:

13-27 293C.370 1. Whenever a candidate whose name appears upon the

13-28 ballot at a general city election dies after 5 p.m. of the third Tuesday after

13-29 the third Monday in [May] April and before the time of the closing of the

13-30 polls on the day of the election, the votes cast for the deceased candidate

13-31 must be counted in determining the results of the election for the office for

13-32 which the decedent was a candidate.

13-33 2. If the deceased candidate receives the majority of the votes cast for

13-34 the office, he shall be deemed elected and the office to which he was

13-35 elected shall be deemed vacant at the beginning of the term for which he

13-36 was elected. The vacancy created must be filled in the same manner as if

13-37 the candidate had died after taking office for that term.

13-38 Sec. 26. NRS 294A.120 is hereby amended to read as follows:

13-39 294A.120 1. Every candidate for state, district, county or township

13-40 office at a primary or general election shall, not later than:

13-41 (a) Seven days before the primary election, for the period from 30 days

13-42 before the regular session of the legislature after the last election for that

13-43 office up to 12 days before the primary election;

14-1 (b) Seven days before the general election, whether or not the candidate

14-2 won the primary election, for the period from 12 days before the primary

14-3 election up to 12 days before the general election; and

14-4 (c) The 15th day of the second month after the general election, for the

14-5 remaining period up to 30 days before the next regular session of the

14-6 legislature,

14-7 report the total amount of his campaign contributions on forms designed

14-8 and provided by the secretary of state and signed by the candidate under

14-9 penalty of perjury.

14-10 2. Except as otherwise provided in subsection 3, every candidate for a

14-11 district office at a special election shall, not later than:

14-12 (a) Seven days before the special election, for the period from his

14-13 nomination up to 12 days before the special election; and

14-14 (b) Thirty days after the special election, for the remaining period up to

14-15 the special election,

14-16 report the total amount of his campaign contributions on forms designed

14-17 and provided by the secretary of state and signed by the candidate under

14-18 penalty of perjury.

14-19 3. Every candidate for state, district, county, municipal or township

14-20 office at a special election to determine whether a public officer will be

14-21 recalled shall report the total amount of his campaign contributions on

14-22 forms designed and provided by the secretary of state and signed by the

14-23 candidate under penalty of perjury, 30 days after [the] :

14-24 (a) The special election, for the period from the filing of the notice of

14-25 intent to circulate the petition for recall up to the special election [.] ; or

14-26 (b) A district court determines that the petition for recall is legally

14-27 insufficient pursuant to subsection 5 of NRS 306.040, for the period from

14-28 the filing of the notice of intent to circulate the petition for recall up to

14-29 the date of the district court’s decision.

14-30 4. Reports of campaign contributions must be filed with the officer

14-31 with whom the candidate filed the declaration of candidacy or acceptance

14-32 of candidacy. A candidate may mail the report to that officer by certified

14-33 mail. If certified mail is used, the date of mailing shall be deemed the date

14-34 of filing.

14-35 5. Every county clerk who receives from candidates for legislative or

14-36 judicial office, except the office of justice of the peace or municipal judge,

14-37 reports of campaign contributions pursuant to subsection 4 shall file a copy

14-38 of each report with the secretary of state within 10 working days after he

14-39 receives the report.

15-1 6. Each contribution in excess of $100 and contributions which a

15-2 contributor has made cumulatively in excess of that amount since the

15-3 beginning of the first reporting period must be separately identified with the

15-4 name and address of the contributor and the date of the contribution,

15-5 tabulated and reported on the form provided by the secretary of state.

15-6 Sec. 27. NRS 294A.125 is hereby amended to read as follows:

15-7 294A.125 1. In addition to complying with the requirements set forth

15-8 in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives

15-9 contributions in any year before the year in which the general election or

15-10 general city election in which the candidate intends to seek election to

15-11 public office is held, shall, [not later than December 31 of:] for:

15-12 (a) The year in which he receives contributions in excess of $10,000,

15-13 report the total contributions received [.] and expenditures made in that

15-14 year.

15-15 (b) Each year after the year in which he received contributions in excess

15-16 of $10,000, until the year of the general election or general city election in

15-17 which the candidate intends to seek election to public office is held, report

15-18 the contributions received and the expenditures made in that year.

15-19 2. The reports required by subsection 1 must be submitted on a form

15-20 designed and provided by the secretary of state and signed by the candidate

15-21 under penalty of perjury.

15-22 3. Each contribution in excess of $100 and contributions that a

15-23 contributor has made cumulatively in excess of that amount must be

15-24 separately identified with the name and address of the contributor and the

15-25 date of the contribution, tabulated and reported on the form provided by the

15-26 secretary of state. Each expenditure in excess of $100 and expenditures that

15-27 the candidate made cumulatively in excess of that amount must be

15-28 separately identified with the date of the expenditure, tabulated and

15-29 reported on the form provided by the secretary of state.

15-30 4. The report must be filed [with the secretary of state.] :

15-31 (a) With the officer with whom the candidate will file the declaration

15-32 of candidacy or acceptance of candidacy for the public office the

15-33 candidate intends to seek. A candidate may mail the report to that officer

15-34 by certified mail. If certified mail is used, the date of mailing shall be

15-35 deemed the date of filing.

15-36 (b) On or before January 15 of the year immediately after the year for

15-37 which the report is made.

15-38 5. A county clerk who receives from a candidate for legislative or

15-39 judicial office, except the office of justice of the peace or municipal

15-40 judge, a report of contributions and expenditures pursuant to subsection

15-41 4 shall file a copy of the report with the secretary of state within 10

15-42 working days after he receives the report.

16-1 Sec. 28. NRS 294A.180 is hereby amended to read as follows:

16-2 294A.180 1. Each candidate for a state, district, county, city or

16-3 township office who is not elected to that office shall, not later than the

16-4 15th day of the second month after his defeat, file a report with the

16-5 secretary of state stating the amount of contributions which he received for

16-6 that campaign but did not spend and the disposition of those unspent

16-7 contributions.

16-8 2. Each public officer who is elected to a state, district, county, city or

16-9 township office shall file a report : [with the secretary of state:]

16-10 (a) Not later than the 15th day of the second month after his election,

16-11 stating the amount of campaign contributions which he received but did not

16-12 spend and the amount, if any, of those unspent contributions disposed of

16-13 pursuant to subsection 2 of NRS 294A.160 [;] as of the last day of the first

16-14 month after his election;

16-15 (b) Not later than January 15th of each year of his term beginning the

16-16 year after he filed the report required by paragraph (a), stating the amount,

16-17 if any, of those unspent contributions disposed of pursuant to NRS

16-18 294A.160 during the period [since] from the last date covered by his last

16-19 report through December 31 of the immediately preceding year and the

16-20 manner in which they were disposed of; and

16-21 (c) Not later than the 15th day of the second month after he no longer

16-22 holds that office, stating the amount and disposition of any remaining

16-23 unspent contributions.

16-24 3. The reports required by subsections 1 and 2 must be submitted on a

16-25 form designed and provided by the secretary of state and signed by the

16-26 candidate or public officer under penalty of perjury.

16-27 4. A public officer filing a report pursuant to subsection 2:

16-28 (a) Shall file the report with the officer with whom he filed his

16-29 declaration of candidacy or acceptance of candidacy.

16-30 (b) May file the report by certified mail. If certified mail is used, the

16-31 date of mailing shall be deemed the date of filing.

16-32 5. A county clerk who receives from a legislative or judicial officer,

16-33 other than a justice of the peace or municipal judge, a report pursuant to

16-34 subsection 4 shall file a copy of the report with the secretary of state

16-35 within 10 working days after he receives the report.

16-36 Sec. 29. NRS 294A.200 is hereby amended to read as follows:

16-37 294A.200 1. Every candidate for state, district, county or township

16-38 office at a primary or general election shall, not later than:

16-39 (a) Seven days before the primary election, for the period from 30 days

16-40 before the regular session of the legislature after the last election for that

16-41 office up to 12 days before the primary election;

17-1 (b) Seven days before the general election, whether or not the candidate

17-2 won the primary election, for the period from 12 days before the primary

17-3 election up to 12 days before the general election; and

17-4 (c) The 15th day of the second month after the general election, for the

17-5 remaining period up to 30 days before the next regular session of the

17-6 legislature,

17-7 report his campaign expenses on forms designed and provided by the

17-8 secretary of state and signed by the candidate under penalty of perjury.

17-9 2. Except as otherwise provided in subsection 3, every candidate for a

17-10 district office at a special election shall, not later than:

17-11 (a) Seven days before the special election, for the period from his

17-12 nomination up to 12 days before the special election; and

17-13 (b) Sixty days after the special election, for the remaining period up to

17-14 30 days after the special election,

17-15 report his campaign expenses on forms designed and provided by the

17-16 secretary of state and signed by the candidate under penalty of perjury.

17-17 3. Every candidate for state, district, county, municipal or township

17-18 office at a special election to determine whether a public officer will be

17-19 recalled shall report his campaign expenses on forms designed and

17-20 provided by the secretary of state and signed by the candidate under penalty

17-21 of perjury, 60 days after [the] :

17-22 (a) The special election, for the period from the filing of the notice of

17-23 intent to circulate the petition for recall up to 30 days after the special

17-24 election [.] ; or

17-25 (b) A district court determines that the petition for recall is legally

17-26 insufficient pursuant to subsection 5 of NRS 306.040, for the period from

17-27 the filing of the notice of intent to circulate the petition for recall up to

17-28 the date of the district court’s decision.

17-29 4. Reports of campaign expenses must be filed with the officer with

17-30 whom the candidate filed the declaration of candidacy or acceptance of

17-31 candidacy. A candidate may mail the report to that officer by certified mail.

17-32 If certified mail is used, the date of mailing shall be deemed the date of

17-33 filing.

17-34 5. County clerks who receive from candidates for legislative or judicial

17-35 office, except the office of justice of the peace or municipal judge, reports

17-36 of campaign expenses pursuant to subsection 4 shall file a copy of each

17-37 report with the secretary of state within 10 working days after he receives

17-38 the report.

17-39 Sec. 30. NRS 294A.350 is hereby amended to read as follows:

17-40 294A.350 1. Every candidate for state, district, county, municipal or

17-41 township office shall file the reports of campaign contributions and

17-42 expenses required by NRS 294A.120, 294A.200 and 294A.360, even

17-43 though he:

18-1 (a) Withdraws his candidacy;

18-2 (b) Receives no campaign contributions; [or]

18-3 (c) Has no campaign expenses [.] ;

18-4 (d) Is removed from the ballot by court order; or

18-5 (e) Is the subject of a petition to recall and the special election is not

18-6 held.

18-7 2. A candidate who withdraws his candidacy pursuant to NRS 293.202

18-8 may file simultaneously all the reports of campaign contributions and

18-9 expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as

18-10 each report is filed on or before the last day for filing the respective report

18-11 pursuant to NRS 294A.120, 294A.200 or 294A.360.

18-12 Sec. 31. Chapter 295 of NRS is hereby amended by adding thereto a

18-13 new section to read as follows:

18-14 The legal sufficiency of a petition filed pursuant to NRS 295.015 to

18-15 295.056, inclusive, and this section, may be challenged by filing a

18-16 complaint in district court not later than 5 days, Saturdays, Sundays and

18-17 holidays excluded, after the petition is filed with the secretary of state. All

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

18-19 the complaint. The court shall set the matter for hearing not later than

18-20 30 days after the complaint is filed and shall give priority to such a

18-21 complaint over all other matters pending with the court, except for

18-22 criminal proceedings.

18-23 Sec. 32. NRS 295.056 is hereby amended to read as follows:

18-24 295.056 1. Before a petition for initiative or referendum is filed with

18-25 the secretary of state, the petitioners must submit to each county clerk for

18-26 verification pursuant to NRS 293.1276 to 293.1279, inclusive, the

18-27 document or documents which were circulated for signature within his

18-28 county. The clerks shall give the person submitting a document or

18-29 documents a receipt stating the number of documents and pages and the

18-30 person’s statement of the number of signatures contained therein.

18-31 2. If a petition for initiative proposes a statute or an amendment to a

18-32 statute, the document or documents must be submitted not later than the

18-33 second Tuesday in November of an even-numbered year.

18-34 3. If a petition for initiative proposes an amendment to the constitution,

18-35 the document or documents must be submitted not later than the third

18-36 Tuesday in June of an even-numbered year.

18-37 4. If the petition is for referendum, the document or documents must be

18-38 submitted not later than the third Tuesday in May of an even-numbered

18-39 year.

18-40 5. All documents which are submitted to a county clerk for verification

18-41 must be submitted at the same time.

19-1 Sec. 33. NRS 298.020 is hereby amended to read as follows:

19-2 298.020 1. Each major political party in this state, qualified by law

19-3 to place upon the general election ballot candidates for the office of

19-4 President and Vice President of the United States in the year when they are

19-5 to be elected, shall, at the state convention of the major political party held

19-6 in that year, choose from the qualified electors, who are legally registered

19-7 members of that political party, the number of presidential electors required

19-8 by law and no more, who must be nominated by the delegates at the state

19-9 convention. Upon the nomination thereof, the chairman and the secretary of

19-10 the convention shall certify the names and addresses of the nominees to the

19-11 secretary of state, who shall record the names in his office as the nominees

19-12 of that political party for presidential elector.

19-13 2. Each minor political party in this state, qualified by law to place

19-14 upon the general election ballot candidates for the office of President and

19-15 Vice President of the United States in the year when they are to be elected,

19-16 shall choose from the qualified electors, the number of presidential electors

19-17 required by law. The person who is authorized to file the list of candidates

19-18 for partisan office of the minor political party with the secretary of state

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

19-20 nominees to the secretary of state, who shall record the names in his office

19-21 as the nominees of that political party for presidential elector.

19-22 Sec. 34. NRS 298.109 is hereby amended to read as follows:

19-23 298.109 1. A person who desires to be an independent candidate for

19-24 the office of President of the United States must, not later than 5 p.m. on

19-25 the second Friday in August in each year in which a presidential election is

19-26 to be held, pay a filing fee of $250 and file with the secretary of state a

19-27 declaration of candidacy and a petition of candidacy, in which he must also

19-28 designate his nominee for Vice President. The petition must be signed by a

19-29 number of registered voters equal to not less than 1 percent of the total

19-30 number of votes cast at the last preceding general election for candidates

19-31 for the offices of Representative in Congress and must request that the

19-32 names of the proposed candidates be placed on the ballot at the general

19-33 election that year. The candidate shall file a copy of the petition he intends

19-34 to circulate for signatures with the secretary of state.

19-35 2. The petition may consist of more than one document. Each

19-36 document must bear the name of a county and only registered voters of that

19-37 county may sign the document. The documents which are circulated for

19-38 signature in a county must be submitted to that county clerk for verification

19-39 in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later

19-40 than [40] 25 working days before [filing] the last day to file the petition of

19-41 candidacy with the secretary of state [.] pursuant to subsection 1. Each

19-42 person signing shall add to his signature the address of the place at which

19-43 he resides, the date that he signs and the name of the county wherein he is

20-1 registered to vote. Each document of the petition must also contain the

20-2 affidavit of the person who circulated the document that all signatures

20-3 thereon are genuine to the best of his knowledge and belief and were signed

20-4 in his presence by persons registered to vote in that county.

20-5 3. Each independent candidate so nominated for the office of President

20-6 shall at the time of filing his petition as provided in subsection 1, or within

20-7 10 days thereafter, file with the secretary of state his written designation of

20-8 the names of the number of presidential electors then authorized by law,

20-9 whom the independent candidate desires to act as his electors, all of whom

20-10 must then be registered voters. Immediately following receipt of each

20-11 candidate’s written designation of his nominees for electors, the secretary

20-12 of state shall record them in his office as the nominees for presidential

20-13 electors of that independent candidate.

20-14 4. If the candidacy of any person who seeks to qualify pursuant to this

20-15 section is challenged, all affidavits and documents in support of the

20-16 challenge must be filed with the first judicial district court not later than 5

20-17 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to

20-18 the challenge must be set for hearing not later than 5 days after the fourth

20-19 Tuesday in August.

20-20 5. The county clerk shall not disqualify the signature of a voter who

20-21 fails to provide all [of] the information required by this section if the voter

20-22 is registered in the county named on the document.

20-23 Sec. 35. NRS 306.015 is hereby amended to read as follows:

20-24 306.015 1. Before a petition to recall a public officer is circulated,

20-25 the persons proposing to circulate the petition must file a notice of intent

20-26 with the filing officer . [with whom the public officer to be recalled filed his

20-27 declaration of candidacy or acceptance of candidacy pursuant to NRS

20-28 293.185, 293C.145 or 293C.175.]

20-29 2. The notice of intent:

20-30 (a) Must be signed by three registered voters who actually voted in [the]

20-31 this state or in the county, district or municipality electing the officer at the

20-32 last preceding general election.

20-33 (b) Must be signed before a person authorized by law to administer

20-34 oaths that the statements and signatures contained in the notice are true.

20-35 (c) Is valid until the date on which the call for a special election is

20-36 issued, as set forth in NRS 306.040.

20-37 3. The petition may consist of more than one document. The persons

20-38 filing the notice of intent shall submit the petition that was circulated for

20-39 signatures to the [county clerk pursuant to NRS 306.035] filing officer

20-40 within 60 days after the date on which the notice of intent was filed. The

20-41 filing officer shall immediately submit the petition to the county clerk for

20-42 verification pursuant to NRS 306.035. Any person who fails to file the

21-1 petition as required by this subsection is guilty of a misdemeanor. Copies of

21-2 the petition are not valid for any subsequent petition.

21-3 4. The county clerk shall, upon completing the verification of the

21-4 signatures on the petition, file the petition with the filing officer . [with

21-5 whom the public officer to be recalled filed his declaration of candidacy or

21-6 acceptance of candidacy.]

21-7 5. Any person who signs a petition to recall any public officer may

21-8 remove his name from the petition by submitting a request in writing to the

21-9 county clerk at any time before the petition is submitted for the verification

21-10 of the signatures thereon pursuant to NRS 306.035.

21-11 6. A person who signs a notice of intent pursuant to subsection 1 or a

21-12 petition to recall a public officer is immune from civil liability for conduct

21-13 related to the exercise of his right to participate in the recall of a public

21-14 officer.

21-15 7. As used in this section, "filing officer" means the officer with

21-16 whom the public officer to be recalled filed his declaration of candidacy

21-17 or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or

21-18 293C.175.

21-19 Sec. 36. NRS 306.035 is hereby amended to read as follows:

21-20 306.035 1. Before a petition to recall a state officer who is elected

21-21 statewide is filed with the secretary of state [, the petitioners must submit

21-22 to] pursuant to subsection 4 of NRS 306.015, each county clerk [for

21-23 verification] must verify, pursuant to NRS 293.1276 to 293.1279,

21-24 inclusive, the document or documents which were circulated for signature

21-25 within his county.

21-26 2. Before a petition to recall a state senator, assemblyman, or a county,

21-27 district or municipal officer is filed [with the proper officer, the petitioners

21-28 must submit to] pursuant to subsection 4 of NRS 306.015, the county clerk

21-29 [for verification limited to the relevant area in the manner prescribed in]

21-30 must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the

21-31 document or documents which were circulated for signatures within his

21-32 county.

21-33 3. If more than one document was circulated, all the documents must

21-34 be submitted to the clerk at the same time.

21-35 Sec. 37. NRS 306.040 is hereby amended to read as follows:

21-36 306.040 1. Upon determining that the number of signatures on a

21-37 petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,

21-38 inclusive, the secretary of state shall notify the county clerk, the officer with

21-39 whom the petition is to be filed pursuant to subsection 4 of NRS 306.015

21-40 and the public officer who is the subject of the petition.

21-41 2. [Any] After the verification of signatures is complete, but not later

21-42 than the date a complaint is filed pursuant to subsection 5 or the date the

21-43 call for a special election is issued, whichever is earlier, a person who

22-1 signs a petition to recall may request the secretary of state to strike his

22-2 name from the petition . [after the verification of signatures is complete and

22-3 before the date the call for a special election is issued.] If the person

22-4 demonstrates good cause therefor, the secretary of state shall strike his

22-5 name from the petition.

22-6 3. Not sooner than 10 days nor more than 20 days after the secretary of

22-7 state completes the notification required by subsection 1, if a complaint is

22-8 not filed pursuant to subsection 5, the officer with whom the petition is

22-9 filed shall issue a call for a special election in the jurisdiction in which the

22-10 public officer who is the subject of the petition was elected to determine

22-11 whether the people will recall him.

22-12 4. The call for a special election pursuant to subsection 3 or 6 must

22-13 include, without limitation:

22-14 (a) The last day on which a person may register to vote to qualify to vote

22-15 in the special election; and

22-16 (b) The last day on which a petition to nominate other candidates for the

22-17 office may be filed.

22-18 [4.] 5. The legal sufficiency of the petition may be challenged by filing

22-19 a complaint in district court not later than 5 days, Saturdays , [and] Sundays

22-20 and holidays excluded, after the secretary of state completes the

22-21 notification required by subsection 1. All affidavits and documents in

22-22 support of the challenge must be filed with the complaint. The court shall

22-23 set the matter for hearing not later than 30 days after the complaint is filed

22-24 and shall give priority to such a complaint over all other matters pending

22-25 with the court, except for criminal proceedings.

22-26 [5.] 6. Upon the conclusion of the hearing, if the court determines that

22-27 the petition is sufficient, it shall order the officer with whom the petition is

22-28 filed to issue a call for a special election in the jurisdiction in which the

22-29 public officer who is the subject of the petition was elected to determine

22-30 whether the people will recall [the public officer who is the subject of the

22-31 petition.] him. If the court determines that the petition is not sufficient, it

22-32 shall order the officer with whom the petition is filed to cease any further

22-33 proceedings regarding the petition.

22-34 Sec. 38. Section 96 of the charter of Boulder City is hereby amended

22-35 to read as follows:

22-36 Section 96. Conduct of city elections.

22-37 1. All City elections [shall] must be nonpartisan in character

22-38 and [shall] must be conducted in accordance with the provisions of

22-39 the general election laws of the State of Nevada and any ordinance

22-40 regulations as adopted by the City Council which are consistent

22-41 with law and this Charter. (1959 Charter)

22-42 2. All full terms of office in the City Council [shall be] are four

22-43 years, and Councilmen [shall] must be elected at large without

23-1 regard to precinct residency. Two full-term Councilmen and the

23-2 Mayor are to be elected in each year immediately preceding a

23-3 Federal presidential election, and two full-term Councilmen are to

23-4 be elected in each year immediately following a Federal presidential

23-5 election. In each election, the candidates receiving the greatest

23-6 number of votes [shall] must be declared elected to the vacant full-

23-7 term positions. (Add. 17; Amd. 1; 11-5-96)

23-8 A. In the event one or more two-year term positions on the

23-9 Council will be available at the time of a municipal election as

23-10 provided in Section 12, candidates [shall] must file specifically for

23-11 such position(s). Candidates receiving the greatest respective

23-12 number of votes [shall] must be declared elected to the respective

23-13 available two-year positions. (Add. 15; Amd. 2; 6-4-91)

23-14 3. A city primary election [shall] must be held on the [1st] first

23-15 Tuesday after the [1st] first Monday in [May] April of each odd-

23-16 numbered year and a City general election [shall] must be held on

23-17 the [1st] first Tuesday after the [1st] first Monday in June of each

23-18 odd-numbered year.

23-19 A. [No primary shall] A primary election must not be held if

23-20 no more than double the number of Councilmen to be elected file as

23-21 candidates. [No primary shall] A primary election must not be held

23-22 for the office of Mayor if no more than two candidates file for that

23-23 position. The primary election [shall] must be held for the purpose

23-24 of eliminating candidates in excess of a figure double the number of

23-25 Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)

23-26 B. If, in the primary City election, a candidate receives votes

23-27 equal to a majority of voters casting ballots in that election, he shall

23-28 be considered elected to one of the vacancies and his name shall not

23-29 be placed on the ballot for the general City election. (Add. 10;

23-30 Amd. 7; 6-2-81)

23-31 C. In each primary and general election, voters shall be entitled

23-32 to cast ballots for candidates in a number equal to the number of

23-33 seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)

23-34 Sec. 39. Section 5.010 of the charter of the city of Henderson, being

23-35 chapter 266, Statutes of Nevada 1971, as last amended by Assembly Bill

23-36 No. 444 of this session, is hereby amended to read as follows:

23-37 Sec. 5.010 Primary election.

23-38 1. A primary election must be held on the Tuesday after the

23-39 first Monday in [May] April of each odd-numbered year, at which

23-40 time there must be nominated candidates for offices to be voted for

23-41 at the next general municipal election.

24-1 2. A candidate for any office to be voted for at any primary

24-2 municipal election must file a declaration of candidacy as provided

24-3 by the election laws of this state.

24-4 3. All candidates for elective office must be voted upon by the

24-5 registered voters of the city at large.

24-6 4. If in the primary election no candidate receives a majority of

24-7 votes cast in that election for the office for which he is a candidate,

24-8 the names of the two candidates receiving the highest number of

24-9 votes must be placed on the ballot for the general election. If in the

24-10 primary election, regardless of the number of candidates for an

24-11 office, one candidate receives a majority of votes cast in that

24-12 election for the office for which he is a candidate, he must be

24-13 declared elected and no general election need be held for that

24-14 office.

24-15 Sec. 40. Section 5.010 of the charter of the city of Las Vegas, being

24-16 chapter 517, Statutes of Nevada 1983, as last amended by Senate Bill No.

24-17 274 of this session, is hereby amended to read as follows:

24-18 Sec. 5.010 Primary municipal elections.

24-19 1. On the Tuesday after the first Monday in [May] April 2001,

24-20 and at each successive interval of 4 years, a primary municipal

24-21 election must be held in the city at which time candidates for half of

24-22 the offices of councilman and for municipal judge, department 2,

24-23 must be nominated.

24-24 2. On the Tuesday after the first Monday in [May] April 2003,

24-25 and at each successive interval of 4 years, a primary municipal

24-26 election must be held in the city at which time candidates for mayor,

24-27 for the other half of the offices of councilman and for municipal

24-28 judge, department 1, must be nominated.

24-29 3. The candidates for councilman who are to be nominated as

24-30 provided in subsections 1 and 2 must be nominated and voted for

24-31 separately according to the respective wards. The candidates from

24-32 each even-numbered ward must be nominated as provided in

24-33 subsection 1, and the candidates from each odd-numbered ward

24-34 must be nominated as provided in subsection 2.

24-35 4. If the city council has established an additional department

24-36 or departments of the municipal court pursuant to section 4.010 of

24-37 this charter, and, as a result, more than one office of municipal

24-38 judge is to be filled at any election, the candidates for those offices

24-39 must be nominated and voted upon separately according to the

24-40 respective departments.

25-1 5. Each candidate for the municipal offices which are provided

25-2 for in subsections 1, 2 and 4 must file a declaration of candidacy

25-3 with the city clerk. All filing fees collected by the city clerk must be

25-4 paid into the city treasury.

25-5 6. If, in the primary election, regardless of the number of

25-6 candidates for an office, one candidate receives a majority of votes

25-7 which are cast in that election for the office for which he is a

25-8 candidate, he must be declared elected for the term which

25-9 commences on the day of the first regular meeting of the city

25-10 council next succeeding the meeting at which the canvass of the

25-11 returns is made, and no general election need be held for that office.

25-12 If, in the primary election, no candidate receives a majority of votes

25-13 which are cast in that election for the office for which he is a

25-14 candidate, the names of the two candidates who receive the highest

25-15 number of votes must be placed on the ballot for the general

25-16 election.

25-17 Sec. 41. Section 5.020 of the charter of the city of North Las Vegas,

25-18 being chapter 573, Statutes of Nevada 1971, as last amended by chapter

25-19 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as

25-20 follows:

25-21 Sec. 5.020 Primary municipal elections; declaration of

25-22 candidacy.

25-23 1. The city council shall provide by ordinance for candidates

25-24 for elective office to declare their candidacy and file the necessary

25-25 documents. The seats for city councilmen must be designated by the

25-26 numbers one through four , which [number] numbers must

25-27 correspond with the wards the candidates for city councilmen will

25-28 seek to represent . A candidate for the office of city councilman

25-29 shall include in his declaration of candidacy the number of the ward

25-30 which he seeks to represent. Each candidate for city council must be

25-31 designated as a candidate for the city council seat that corresponds

25-32 with the ward that he seeks to represent.

25-33 2. If for any general municipal election there are three or more

25-34 candidates for the offices of mayor or municipal judge, or for a

25-35 particular city council seat, a primary election for any such office

25-36 must be held on the Tuesday following the first Monday in [May]

25-37 April preceding the general election.

25-38 3. Except as otherwise provided in subsection 4, after the

25-39 primary election, the names of the two candidates for mayor,

25-40 municipal judge and each city council seat who receive the highest

25-41 number of votes must be placed on the ballot for the general

25-42 election.

26-1 4. If one of the candidates for mayor, municipal judge or a city

26-2 council seat receives a majority of the total votes cast for that office

26-3 in the primary election, he shall be declared elected to office and his

26-4 name must not appear on the ballot for the general election.

26-5 Sec. 42. Section 5.020 of the charter of the city of Sparks, being

26-6 chapter 470, Statutes of Nevada 1975, as last amended by chapter 686,

26-7 Statutes of Nevada 1997, at page 3482, is hereby amended to read as

26-8 follows:

26-9 Sec. 5.020 Primary municipal elections: Declaration of

26-10 candidacy.

26-11 1. If for any general municipal election there are three or more

26-12 candidates for the offices of mayor, city attorney or municipal judge

26-13 or three or more candidates from each ward to represent the ward as

26-14 a member of the city council, a primary election for that office must

26-15 be held on the first Tuesday after the first Monday in [May] April

26-16 preceding the general election.

26-17 2. Candidates for the offices of mayor, city attorney and

26-18 municipal judge must be voted upon by the registered voters of the

26-19 city at large. Candidates to represent a ward as a member of the city

26-20 council must be voted upon by the registered voters of the ward to

26-21 be represented by them.

26-22 3. The names of the two candidates for mayor, city attorney and

26-23 municipal judge and the names of the two candidates to represent

26-24 the ward as a member of the city council from each ward who

26-25 receive the highest number of votes at the primary election must be

26-26 placed on the ballot for the general election.

26-27 Sec. 43. The amendatory provisions of this act do not apply to conduct

26-28 that occurred before October 1, 1999.

26-29 Sec. 44. Sections 6 to 9, inclusive, 13 and 41 of this act become

26-30 effective at 12:01 a.m. on October 1, 1999.

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