Assembly Amendment to Assembly Bill No. 614 (BDR 24-281)
Proposed by: Committee on Elections, Procedures, and Ethics
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, lines 6 and 7, by deleting:
"
primary election and general".Amend sec. 2, page 2, line 9, by deleting:
"
primary and general".Amend sec. 2, page 2, line 10, by deleting:
"
within 2 years after" and inserting:"
during the year immediately succeeding".Amend sec. 2, page 2, line 13, by deleting "
second".Amend sec. 3, page 2, by deleting lines 40 and 41 and inserting:
"
2. The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.".Amend sec. 7, page 5, line 26, by deleting "
fourth" and inserting "second".Amend sec. 7, page 5, line 34, by deleting:
"
first Tuesday in September." and inserting:"
fourth Tuesday inAmend sec. 7, page 5, by deleting line 40 and inserting:
"nominated pursuant to the provisions of this subsection
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only".
Amend sec. 7, page 6, line 1, by deleting "
on or".Amend sec. 7, page 6, line 2, by deleting:
"
fourth Tuesday in August and" and inserting:"
second Tuesday in August and on or".Amend sec. 7, page 6, line 13, by deleting "that date." and inserting:
"
Amend sec. 9, page 7, by deleting lines 3 and 4 and inserting:
"person may be a candidate for any office unless, for at least
the 30 daysAmend sec. 10, page 8, by deleting line 1 and inserting:
"date
at least 30 daysAmend sec. 10, page 9, by deleting lines 3 and 4 and inserting:
"prescribed by law to which the office pertains began on a date
at least 30 daysAmend sec. 15, page 13, line 12, by deleting:
"
The absent ballot must be printed in at least 14-point bold type.".Amend the bill as a whole by deleting sec. 20, renumbering sections 21 through 32 as sections 24 through 35 and adding new sections designated sections 20 through 23, following sec. 19, to read as follows:
"Sec. 20. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots,
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
3. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.
4. The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 21. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the:
(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.
(b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.
Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.
2. Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.
3. If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand.
4. The county or city clerk shall unseal and give to the recount board all ballots to be counted.
5. In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
Sec. 22. NRS 293.525 is hereby amended to read as follows:
(a) From one precinct to another
or from one congressional district to another within the same county must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.(b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.
2. If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that he has changed his residence, he must be permitted to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.
3. If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the county in the manner set forth in NRS 293.304.
4. The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the registrar of voters’ register and the election board register.
Sec. 23. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the
2. A registered voter may file a written challenge if:
(a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall file the challenge in the registrar of voters’ register and:
(a) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.
(b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.
6. The county clerk shall, within 5 days after a challenge is filed, mail a notice to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. A copy of the challenge must accompany the notice.".
Amend sec. 21, page 17, line 14, by deleting:
"22 and 23" and inserting:
"25 and 26".
Amend sec. 22, page 17, lines 18 and 19, by deleting:
"
primary city election and general".Amend sec. 22, page 17, line 34, by deleting:
"
primary and general" and inserting "city".Amend sec. 22, page 17, line 35, by deleting:
"
within 2 years after" and inserting:"
during the year immediately succeeding".Amend sec. 22, page 17, line 38, by deleting "
second".Amend sec. 23, page 18, by deleting lines 22 and 23 and inserting:
"
2. The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.".Amend sec. 24, page 19, by deleting lines 4 and 5 and inserting:
"to which the office pertains began on a date
at least 30 daysAmend sec. 25, page 20, by deleting lines 5 and 6 and inserting:
"no person may be a candidate for a city office unless, for at least
the 30 daysAmend sec. 26, page 20, line 28, by deleting "
22" and inserting "25".Amend sec. 28, page 21, lines 15 and 16, by deleting:
"
The absent ballot must be printed in at least 14-point bold type.".Amend the bill as a whole by renumbering sections 33 through 37 as sections 38 through 42 and adding new sections designated sections 36 and 37, following sec. 32, to read as follows:
"Sec. 36. NRS 293C.390 is hereby amended to read as follows:
293C.390 1. The voted ballots, rejected ballots, spoiled ballots,
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.
3. A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1, except the voted ballots.
4. The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.
Sec. 37. Chapter 306 of NRS is hereby amended by adding thereto a new section to read as follows:
If a public officer who is subject to a recall petition resigns his office:
1. Before the call for a special election is issued:
(a) The official with whom the petition to recall is filed shall cease any further proceedings regarding the petition;
(b) A vacancy occurs in that office; and
(c) The vacancy thereby created must be filled in the manner provided by law.
2. After the call for a special election is issued, the special election must be conducted.
".Amend the bill as a whole by deleting sec. 38 and renumbering sec. 39 as sec. 43.
Amend the bill as a whole by deleting sec. 40.
Amend the title of the bill by deleting the third through eighth lines and inserting:
"polling places; requiring a candidate to be an actual, as opposed to constructive, resident of his claimed residence; changing the period that unused ballots must be held by the county clerk; revising the requirements for recounting ballots by hand; specifying the time within which a public officer who is subject to a recall may resign without a special election being conducted; making various changes to election deadlines and procedures; and providing other matters properly relating thereto.".