Assembly Bill No. 671–Committee on Elections,
Procedures, and Ethics
(On Behalf of County Fiscal Officers Association)
March 22, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes relating to elections. (BDR 24-287)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 293.1276 is hereby amended to read as follows:1-2
293.1276 1. Within 4 days excluding Saturdays, Sundays and1-3
holidays, after the submission of a petition containing signatures which are1-4
required to be verified pursuant to NRS 293.128, 293.172, 293.200,1-5
295.056, 298.1091-6
shall determine the total number of signatures affixed to the documents and1-7
forward that information to the secretary of state.1-8
2. If the secretary of state finds that the total number of signatures filed1-9
with all the county clerks is less than 100 percent of the required number1-10
of registered voters, he shall so notify the person who submitted the1-11
petition and the county clerks and no further action may be taken in regard2-1
to the petition. If the petition is a petition to recall a county, district or2-2
municipal officer, the secretary of state shall also notify the officer with2-3
whom the petition is to be filed.2-4
3. After the petition is submitted to the county clerk it must not be2-5
handled by any other person except by an employee of the county clerk’s2-6
office until it is filed with the secretary of state.2-7
Sec. 2. NRS 293.1277 is hereby amended to read as follows:2-8
293.1277 1. If the secretary of state finds that the total number of2-9
signatures submitted to all the county clerks is 100 percent or more of the2-10
number of registered voters needed to declare the petition sufficient, he2-11
shall immediately so notify the county clerks. Within 9 days excluding2-12
Saturdays, Sundays and holidays after notification, each of the county2-13
clerks shall determine the number of registered voters who have signed the2-14
documents submitted in his county.2-15
2. If more than 500 names have been signed on the documents2-16
submitted to him, a county clerk shall examine the signatures by sampling2-17
them at random for verification. The random sample of signatures to be2-18
verified must be drawn in such a manner that every signature which has2-19
been submitted to the county clerk is given an equal opportunity to be2-20
included in the sample. The sample must include an examination of at least2-21
500 or 5 percent of the signatures, whichever is greater.2-22
3. In determining from the records of registration the number of2-23
registered voters who signed the documents, the county clerk may use the2-24
signatures contained in the file of applications to register to vote. If the2-25
county clerk uses that file, he shall ensure that every application in the file2-26
is examined, including any application in his possession which may not yet2-27
be entered into his records. The county clerk shall rely only on the2-28
appearance of the signature and the address and date included with each2-29
signature in making his determination.2-30
4. Except as otherwise provided in subsection 6, upon completing the2-31
examination, the county clerk shall immediately attach to the documents a2-32
certificate properly dated, showing the result of his examination and2-33
transmit the documents with the certificate to the secretary of state. A copy2-34
of this certificate must be filed in the clerk’s office.2-35
5. A person who submits a petition to the county clerk which is2-36
required to be verified pursuant to NRS 293.128, 293.172, 293.200,2-37
295.056, 298.109 ,2-38
verification of the signatures. A public officer who is the subject of a recall2-39
petition must also be allowed to witness the verification of the signatures2-40
on the petition.2-41
6. For any petition containing signatures which are required to be2-42
verified pursuant to the provisions of NRS 293.200 ,2-43
306.110 for any county, district or municipal office within one county, the3-1
county clerk shall not transmit to the secretary of state the documents3-2
containing the signatures of the registered voters.3-3
7. The secretary of state may by regulation establish further3-4
procedures for carrying out the provisions of this section.3-5
Sec. 3. NRS 293.1279 is hereby amended to read as follows: 293.1279 1. If the statistical sampling shows that the number of valid3-7
signatures filed is 90 percent or more but less than 100 percent of the3-8
number of signatures of registered voters needed to declare the petition3-9
sufficient, the secretary of state shall order the county clerks to examine3-10
the signatures for verification. The county clerks3-11
signatures for verification until they determine that 100 percent of the3-12
number of signatures of registered voters needed to declare the petition3-13
sufficient are valid.3-14
2. If the statistical sampling shows that the number of valid signatures3-15
filed in any county is 90 percent or more but less than 100 percent of the3-16
number of signatures of registered voters needed to constitute 10 percent3-17
of the number of voters who voted at the last preceding general election in3-18
that county, the secretary of state may order the county clerk in that county3-19
to examine every signature for verification.3-20
3. Within 12 days excluding Saturdays, Sundays and holidays after3-21
receipt of such an order, the clerk shall determine from the records of3-22
registration what number of registered voters have signed the petition. If3-23
necessary, the board of county commissioners shall allow the county clerk3-24
additional assistants for examining the signatures and provide for their3-25
compensation. In determining from the records of registration what3-26
number of registered voters have signed the petition, the clerk may use any3-27
file or list of registered voters maintained by his office or facsimiles of3-28
voters’ signatures. The county clerk may rely on the appearance of the3-29
signature and the address and date included with each signature in3-30
determining the number of registered voters that signed the petition.3-31
4. Except as otherwise provided in subsection 5, upon completing the3-32
examination, the county clerk shall immediately attach to the documents of3-33
the petition an amended certificate properly dated, showing the result of3-34
the examination and shall immediately forward the documents with the3-35
amended certificate to the secretary of state. A copy of the amended3-36
certificate must be filed in the county clerk’s office.3-37
5. For any petition containing signatures which are required to be3-38
verified pursuant to the provisions of NRS 293.200 ,3-39
306.110 for any county, district or municipal office within one county, the3-40
county clerk shall not forward to the secretary of state the documents3-41
containing the signatures of the registered voters.3-42
6. Except for a petition to recall a county, district or municipal officer,3-43
the petition shall be deemed filed with the secretary of state as of the date4-1
on which he receives certificates from the county clerks showing the4-2
petition to be signed by the requisite number of voters of4-3
7. If the amended certificates received from all county clerks by the4-4
secretary of state establish that the petition is still insufficient, he shall4-5
immediately so notify the petitioners and the county clerks. If the petition4-6
is a petition to recall a county, district or municipal officer, the secretary of4-7
state shall also notify the officer with whom the petition is to be filed.4-8
Sec. 4. NRS 293.176 is hereby amended to read as follows: 293.176 1. Except as otherwise provided in subsection 2,4-10
person may not be a candidate in4-11
he has changed:4-12
(a) The designation of his political party affiliation; or4-13
(b) His designation of political party from nonpartisan to a designation4-14
of a political party affiliation,4-15
on an application to register to vote in the State of Nevada or in any other4-16
state since the September 1 next preceding the closing filing date for the4-17
election, whether or not his previous registration was still effective at the4-18
time of the change in party designation.4-19
2. The provisions of subsection 1 do not apply to any person who is a4-20
candidate of a political party that was not qualified pursuant to NRS4-21
293.171 on the September 1 next preceding the closing filing date for the4-22
election.4-23
Sec. 5. NRS 293.197 is hereby amended to read as follows: 293.197 1. In any judicial district that has more than one district4-25
judge, each department is a separate office for the purposes of nominating4-26
and electing the district judge of that department.4-27
2. In any judicial district that includes a county whose population is4-28
100,000 or more:4-29
(a) The departments of the family division of the district court must be4-30
denoted as such on all ballots and sample ballots, using the words "district4-31
court judge, family division, department . . . ."4-32
4-33
4-34
(b) The remaining departments of the district court must be denoted as4-35
such on all ballots and sample ballots, using the words "district court4-36
judge, department . . . ." Each such department must be designated with a4-37
numeral, beginning with "1" and continuing in sequence for each4-38
department.4-39
Sec. 6. NRS 293.208 is hereby amended to read as follows: 293.208 1. Except as otherwise provided in subsections 2, 3 and 54-41
and in NRS 293.206, no election precinct may be created, divided,4-42
abolished or consolidated, or the boundaries thereof changed, during the4-43
period between the third Wednesday in May of any year whose last digit is5-1
6 and the time when the legislature has been redistricted in a year whose5-2
last digit is 1, unless the creation, division, abolishment or consolidation of5-3
the precinct, or the change in boundaries thereof, is:5-4
(a) Ordered by a court of competent jurisdiction;5-5
(b) Required to meet objections to a precinct by the Attorney General of5-6
the United States pursuant to the Voting Rights Act of 1965 ,§§ 1971 and 1973 et seq.
,5-7
(c) Required to comply with subsection 2 of NRS 293.205;5-8
(d) Required by the incorporation of a new city;5-9
(e) Required by the modification of city wards;5-10
(f) Required by the establishment or modification of county5-11
commissioner districts as provided in NRS 244.018; or5-12
(g) Required by the creation of or change in the boundaries of a special5-13
district.5-14
As used in this subsection, "special district" means any general5-15
improvement district or any other quasi-municipal corporation organized5-16
under the local improvement and service district laws of this state as5-17
enumerated in Title 25 of NRS which is required by law to hold elections5-18
or any fire protection district which is required by law to hold elections.5-19
2. If a city annexes an unincorporated area located in the same county5-20
as the city and adjacent to the corporate boundary, the annexed area may5-21
be included in an election precinct immediately adjacent to it.5-22
3. A new election precinct may be established at any time if it lies5-23
entirely within the boundaries of any existing precinct.5-24
4. If a change in the boundaries of an election precinct is made5-25
pursuant to this section during the time specified in subsection 1, the5-26
county clerk must:5-27
(a) Within 15 days after the change to the boundary of a precinct is5-28
established by the county clerk or ordered by a court, send to the director5-29
of the legislative counsel bureau and the secretary of state a copy of a map5-30
showing the new boundaries of the precinct together with a word5-31
description of the new boundaries; and5-32
(b) Maintain in his office, an index providing the name of the precinct5-33
and describing all changes which were made, including any change in the5-34
name of the precinct and the name of any new precinct created within the5-35
boundaries of an existing precinct.5-36
5. Cities of the second and third class are exempt from the provisions5-37
of subsection 1.5-38
Sec. 7. NRS 293.391 is hereby amended to read as follows: 293.391 1. The voted ballots, rejected ballots, spoiled ballots,5-40
5-41
records printed on paper of voted ballots collected pursuant to NRS5-42
293B.400 and stubs of the ballots used, enclosed and sealed, must, after6-1
canvass of the votes by the board of county commissioners, be deposited in6-2
the vaults of the county clerk, and preserved for at least 22 months.6-3
Unused ballots, enclosed and sealed, must, after canvass of the votes by6-4
the board of county commissioners, be deposited in the vaults of the6-5
county clerk and preserved for at least the period during which the6-6
election may be contested and adjudicated. All sealed materials must be6-7
destroyed immediately after the preservation period. A notice of the6-8
destruction must be published by the clerk in at least one newspaper of6-9
general circulation in the county not less than 2 weeks before the6-10
destruction.6-11
2. The pollbooks containing the signatures of those persons who voted6-12
in the election and the tally lists deposited with the board of county6-13
commissioners are subject to the inspection of any elector who may wish6-14
to examine them at any time after their deposit with the county clerk.6-15
3. A contestant of an election may inspect all of the material regarding6-16
that election which is preserved pursuant to subsection 1, except the voted6-17
ballots.6-18
4. The voted ballots deposited with the county clerk are not subject to6-19
the inspection of anyone, except in cases of contested election, and then6-20
only by the judge, body or board before whom the election is being6-21
contested, or by the parties to the contest, jointly, pursuant to an order of6-22
such judge, body or board.6-23
Sec. 8. NRS 293.505 is hereby amended to read as follows: 293.505 1. All justices of the peace, except those located in county6-25
seats, are ex officio field registrars to carry out the provisions of this6-26
chapter.6-27
2. The county clerk shall appoint at least one registered voter to serve6-28
as a field registrar of voters who, except as otherwise provided in NRS6-29
293.5055, shall register voters within the county for which he is appointed.6-30
Except as otherwise provided in subsection 1, a candidate for any office6-31
may not be appointed or serve as a field registrar. A field registrar serves at6-32
the pleasure of the county clerk and shall perform his duties as the county6-33
clerk may direct.6-34
3. A field registrar shall demand of any person who applies for6-35
registration all information required by the application to register to vote6-36
and shall administer all oaths required by this chapter.6-37
4. When a field registrar has in his possession five or more completed6-38
applications to register to vote he shall forward them to the county clerk,6-39
but in no case may he hold any number of them for more than 10 days.6-40
5. Immediately after the close of registration, each field registrar shall6-41
forward to the county clerk all completed applications in his possession.6-42
Within 5 days after the close of registration for a general election or6-43
general city election, a field registrar shall return all unused applications in7-1
his possession to the county clerk. If all of the unused applications are not7-2
returned to the county clerk, the field registrar shall account for the7-3
unreturned applications.7-4
6. Each field registrar shall submit to the county clerk a list of the7-5
serial numbers of the completed applications to register to vote and the7-6
names of the electors on those applications. The serial numbers must be7-7
listed in numerical order.7-8
7. Each field registrar shall post notices sent to him by the county clerk7-9
for posting in accordance with the election laws of this state.7-10
8. A field registrar, employee of a voter registration agency or person7-11
assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:7-12
(a) Delegate any of his duties to another person; or7-13
(b) Refuse to register a person on account of that person’s political7-14
party affiliation.7-15
9. A person shall not hold himself out to be or attempt to exercise the7-16
duties of a field registrar unless he has been so appointed.7-17
10. A county clerk, field registrar, employee of a voter registration7-18
agency or person assisting a voter pursuant to subsection 10 of NRS7-19
293.5235 shall not:7-20
(a) Solicit a vote for or against a particular question or candidate;7-21
(b) Speak to a voter on the subject of marking his ballot for or against a7-22
particular question or candidate; or7-23
(c) Distribute any petition or other material concerning a candidate or7-24
question which will be on the ballot for the ensuing election,7-25
while he is registering an elector.7-26
11. When the county clerk receives applications to register to vote7-27
from a field registrar he shall issue a receipt to the field registrar. The7-28
receipt must include:7-29
(a) The number of persons registered; and7-30
(b) The political party of the persons registered.7-31
12. A county clerk, field registrar, employee of a voter registration7-32
agency or person assisting a voter pursuant to subsection 10 of NRS7-33
293.5235 shall not:7-34
(a) Knowingly register a person who is not a qualified elector or a7-35
person who has filed a false or misleading application to register to vote;7-36
or7-37
(b) Alter or deface an application to register to vote that has been signed7-38
by an elector except to correct information contained in the application7-39
after receiving notice from the elector that a change in or addition to the7-40
information is required .7-41
7-42
8-1
13. A county clerk, field registrar or employee of a voter registration8-2
agency shall not register a person who fails to provide satisfactory proof8-3
of identification and the address at which he actually resides.8-4
14. If a field registrar violates any of the provisions of this section, the8-5
county clerk shall immediately suspend the field registrar and notify the8-6
district attorney of the county in which the violation occurred.8-7
8-8
9, 10 or 12 is guilty of a category E felony and shall be punished as8-9
provided in NRS 193.130.8-10
Sec. 9. NRS 293.507 is hereby amended to read as follows: 293.507 1. The secretary of state shall prescribe:8-12
(a) A standard form for applications to register to vote; and8-13
(b) A special form for registration to be used in a county where8-14
registrations are performed and records of registration are kept by8-15
computer.8-16
2. The county clerks shall provide forms for applications to register to8-17
vote to field registrars in the form and number prescribed by the secretary8-18
of state.8-19
3. A form for an application to register to vote must include a8-20
duplicate copy marked as the receipt to be retained by the applicant upon8-21
completion of the form.8-22
4. The form for an application to register to vote must include8-23
without limitation:8-24
(a) A line on which to enter the last four digits of the number on the8-25
voter’s social security card8-26
8-27
number assigned by the clerk pursuant to subsection 1 of NRS 293.517.8-28
(b) A line on which to enter the address at which the voter actually8-29
resides. The application must not be accepted if the address is listed as a8-30
post office box unless a street address has not been assigned to his8-31
residence.8-32
(c) A notice that the voter may not list his address as a business unless8-33
he actually resides there.8-34
Sec. 10. NRS 293.517 is hereby amended to read as follows: 293.517 1. Any elector residing within the county may register:8-36
(a) By appearing before the county clerk, field registrar or a voter8-37
registration agency, completing the application to register to vote and8-38
giving true and satisfactory answers to all questions relevant to his identity8-39
and right to vote;8-40
(b) By completing and mailing or personally delivering to the county8-41
clerk an application to register to vote pursuant to the provisions of NRS8-42
293.5235;8-43
(c) Pursuant to the provisions of NRS 293.501 or 293.524; or9-1
(d) At his residence with the assistance of a field registrar pursuant to9-2
NRS 293.5237.9-3
The county clerk shall require a person to submit official identification as9-4
proof of residence and identity, such as a driver’s license or other official9-5
document, before registering him. The county clerk shall assign a four-9-6
digit number to an applicant who does not have a social security card or9-7
who refuses to provide the number on his social security card.9-8
2. The application to register to vote must be signed and verified under9-9
penalty of perjury by the elector registering.9-10
3. Each elector who is or has been married must be registered under9-11
his own given or first name, and not under the given or first name or9-12
initials of his spouse.9-13
4. An elector who is registered and changes his name must complete a9-14
new application to register to vote. He may obtain a new application:9-15
(a) At the office of the county clerk or field registrar;9-16
(b) By submitting an application to register to vote pursuant to the9-17
provisions of NRS 293.5235;9-18
(c) By submitting a written statement to the county clerk requesting the9-19
county clerk to mail an application to register to vote; or9-20
(d) At any voter registration agency.9-21
If the elector fails to register under his new name, he may be challenged9-22
pursuant to the provisions of NRS 293.303 or 293C.292 and may be9-23
required to furnish proof of identity and subsequent change of name.9-24
5. An elector who registers to vote pursuant to paragraph (a) of9-25
subsection 1 shall be deemed to be registered upon the completion of his9-26
application to register to vote.9-27
6. After the county clerk determines that the application to register to9-28
vote of a person is complete and that the person is eligible to vote, he shall9-29
9-30
(a) Assign a voter registration number to the person which must be9-31
composed of:9-32
(1) The first four letters of the voter’s last name;9-33
(2) The first letter of the voter’s first name;9-34
(3) The last two numbers of the year, the two-digit month and the9-35
two-digit day of the voter’s birth date; and9-36
(4) The last four digits of the number on the voter’s social security9-37
card or four-digit number assigned by the clerk pursuant to subsection 1;9-38
and9-39
(b) Issue a voter registration card to the voter which contains:9-40
9-41
number of the voting district of the voter;9-42
9-43
(3) The date of issuance; and10-1
11-1
Sec. 11. NRS 293B.130 is hereby amended to read as follows: 293B.130 1. Before any election where a mechanical voting system11-3
is to be used, the county clerk shall prepare or cause to be prepared a11-4
computer program on cards, tape or other material suitable for use with the11-5
computer or counting device to be employed for counting the votes cast.11-6
The program must cause the computer or counting device to operate in the11-7
following manner:11-8
(a) All lawful votes cast by each voter must be counted.11-9
(b) All unlawful votes, including, but not limited to, overvotes or, in a11-10
primary election, votes cast for a candidate of a major political party other11-11
than the party, if any, of the registration of the voter must not be counted.11-12
(c) If the election is:11-13
(1) A primary election held in an even-numbered year; or11-14
(2) A general election,11-15
the total votes, other than absentee votes and votes in a mailing precinct,11-16
must be accumulated by precinct11-17
(d) The computer or counting device must halt or indicate by11-18
appropriate signal if a ballot is encountered which lacks a code identifying11-19
the precinct or voting district in which it was voted and, in a primary11-20
election, identifying the major political party of the voter.11-21
2. The program must be prepared under the supervision of the11-22
accuracy certification board appointed pursuant to the provisions of NRS11-23
293B.140.11-24
3. The county clerk shall take such measures as he deems necessary to11-25
protect the program from being altered or damaged.11-26
Sec. 12. NRS 293B.300 is hereby amended to read as follows: 293B.300 1. In a primary election, a member of the election board11-28
for a precinct or voting district shall issue each partisan voter a ballot11-29
which contains a distinctive code associated with the major political party11-30
of the voter and on which is clearly printed the name of the party.11-31
2. If a mechanical voting system is used in a primary election whereby11-32
votes are directly recorded electronically, a member of the election board11-33
shall, in addition to the ballot described in subsection 1, issue each partisan11-34
voter a voting receipt on which is clearly printed the name of the major11-35
political party of the voter.11-36
3. The member of the election board shall direct the partisan voter to a11-37
mechanical recording device containing the list of offices and candidates11-38
arranged for the voter’s major political party in the manner provided in11-39
NRS 293B.190.11-40
Sec. 13. NRS 294A.180 is hereby amended to read as follows: 294A.180 1. Each candidate for a state, district, county, city or11-42
township office who is not elected to that office shall, not later than the11-43
15th day of the second month after his defeat, file a report with the12-1
12-2
candidacy or acceptance of candidacy stating the amount of contributions12-3
which he received for that campaign but did not spend and the disposition12-4
of those unspent contributions.12-5
2. Each public officer who is elected to a state, district, county, city or12-6
township office shall file a report with the12-7
whom he filed his declaration of candidacy or acceptance of candidacy:12-8
(a) Not later than the 15th day of the second month after his election,12-9
stating the amount of campaign contributions which he received but did12-10
not spend and the amount, if any, of those unspent contributions disposed12-11
of pursuant to subsection 2 of NRS 294A.160;12-12
(b) Not later than January 15th of each year of his term beginning the12-13
year after he filed the report required by paragraph (a), stating the amount,12-14
if any, of those unspent contributions disposed of pursuant to NRS12-15
294A.160 during the period since his last report and the manner in which12-16
they were disposed of; and12-17
(c) Not later than the 15th day of the second month after he no longer12-18
holds that office, stating the amount and disposition of any remaining12-19
unspent contributions.12-20
3. The reports required by subsections 1 and 2 must be submitted on a12-21
form designed and provided by the secretary of state and signed by the12-22
candidate or public officer under penalty of perjury. A candidate or public12-23
officer may file a report required pursuant to subsection 1 or 2 by12-24
certified mail. If certified mail is used, the date on which the candidate or12-25
public officer mailed the report shall be deemed the date of filing.12-26
Sec. 14. NRS 306.110 is hereby amended to read as follows:12-27
306.110 1. A petition to nominate other candidates for the office12-28
must be signed by registered voters of the state, or of the county, district or12-29
municipality holding the election, equal in number to 25 percent of the12-30
number of registered voters who voted in the state, or in the county, district12-31
or municipality holding the election at the general election at which the12-32
public officer was elected. Each petition must consist of one or more12-33
documents. Each document must bear the name of one county and must12-34
not be signed by a person who is not a registered voter of that county.12-35
2. The nominating petition must be filed, at least 15 days before the12-36
date of the special election, with the officer with whom the recall petition12-37
is filed. Not less than 25 days before the nominating petition is filed, each12-38
document of the petition must be submitted for verification pursuant to12-39
NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county12-40
named on the document.13-1
3. Each candidate who is nominated for office must file an acceptance13-2
of candidacy with the appropriate filing officer and pay the fee required by13-3
NRS 293.193 or by the governing body of a city at least 15 days before the13-4
date of the special election.~