EMERGENCY REQUEST of Assembly Minority Leader

Senate Bill No. 548–Senators Rhoads, Raggio, Washington, Jacobsen, James, McGinness, O’Donnell, Porter, Rawson and Townsend

May 19, 1999

____________

Joint Sponsors: Assemblymen Hettrick and Collins

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Referred to Committee on Finance

 

SUMMARY—Creates presidential preference primary election. (BDR 24-1718)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

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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; creating a presidential preference primary election to occur on the same date as the presidential preference primary elections or caucuses of certain other western states as part of a coordinated western presidential preference primary election; establishing requirements for participation in the presidential preference primary election by political parties and registered voters; making an appropriation; 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 "Presidential preference primary election" means the election held

1-4 pursuant to section 38 of this act.

1-5 Sec. 2. NRS 293.010 is hereby amended to read as follows:

1-6 293.010 As used in this Title, unless the context otherwise requires, the

1-7 words and terms defined in NRS 293.013 to 293.121, inclusive, [and]

1-8 sections 2 and 3 of [this act,] Assembly Bill No. 444 and section 1 of this

1-9 act have the meanings ascribed to them in those sections.

2-1 Sec. 3. NRS 293.128 is hereby amended to read as follows:

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

2-3 must, under a common name:

2-4 (a) On January 1 preceding any primary election [,] or August 1 of the

2-5 year preceding the year in which a presidential preference primary

2-6 election is held, have been designated as a political party on the

2-7 applications to register to vote of at least 10 percent of the total number of

2-8 registered voters in [the] this state; or

2-9 (b) File a petition with the secretary of state not later than the last Friday

2-10 in April before any primary election or not later than November 1 of the

2-11 year preceding the year of a presidential preference primary election

2-12 signed by a number of registered voters equal to or more than 10 percent of

2-13 the total number of votes cast at the last preceding general election for

2-14 Representative in Congress.

2-15 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the

2-16 names of the voters need not all be on one document, but each document of

2-17 the petition must be verified by at least one of its signers to the effect that

2-18 the signers are registered voters of [the] this state according to his best

2-19 information and belief and that the signatures are genuine and were signed

2-20 in his presence. Each document of the petition must bear the name of a

2-21 county , and only registered voters of that county may sign the document.

2-22 The documents which are circulated for signature must then be submitted

2-23 for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later

2-24 than 65 days before the last Friday in April preceding a primary election [.]

2-25 or not later than 65 days before November 1 of the year preceding the

2-26 year of a presidential preference primary election.

2-27 3. In addition to the requirements set forth in subsection 1, each

2-28 organization which wishes to qualify as a political party must file with the

2-29 secretary of state a certificate of existence which includes the:

2-30 (a) Name of the political party;

2-31 (b) Names and addresses of its officers;

2-32 (c) Names of the members of its executive committee; and

2-33 (d) Name of the person who is authorized by the party to act as resident

2-34 agent in this state.

2-35 4. A political party shall file with the secretary of state an amended

2-36 certificate of existence within 5 days after any change in the information

2-37 contained in the certificate.

2-38 Sec. 4. NRS 293.219 is hereby amended to read as follows:

2-39 293.219 1. Not less than 60 days before a primary [or a] election,

2-40 general election [,] or presidential preference primary election, the county

2-41 central committee of each major political party for each county may

2-42 recommend to the county clerk of the county three registered voters for

2-43 each precinct in the county to act as election board officers of the primary

3-1 [or] election, general election or presidential preference primary election

3-2 in the precinct or district.

3-3 2. Not less than 60 days before a general election, the executive

3-4 committee of each minor political party for each county may recommend to

3-5 the county clerk of the county three registered voters for each precinct in

3-6 the county to act as election board officers of the general election in the

3-7 precinct or district.

3-8 3. After that date the county clerk may accept recommendations for

3-9 reserve election board officers for the election.

3-10 Sec. 5. NRS 293.247 is hereby amended to read as follows:

3-11 293.247 1. The secretary of state shall adopt regulations, not

3-12 inconsistent with the election laws of this state, for the conduct of primary,

3-13 general, special , [and] district and presidential preference primary

3-14 elections in all cities and counties. The secretary of state shall prescribe the

3-15 forms for a declaration of candidacy, certificate of candidacy, acceptance

3-16 of candidacy and any petition which is filed pursuant to the general election

3-17 laws of this state.

3-18 2. The regulations must prescribe:

3-19 (a) The duties of election boards;

3-20 (b) The type and amount of election supplies;

3-21 (c) The manner of printing ballots and the number of ballots to be

3-22 distributed to precincts and districts;

3-23 (d) The method to be used in distributing ballots to precincts and

3-24 districts;

3-25 (e) The method of inspection and the disposition of ballot boxes;

3-26 (f) The form and placement of instructions to voters;

3-27 (g) The recess periods for election boards;

3-28 (h) The size, lighting and placement of voting booths;

3-29 (i) The amount and placement of guardrails and other furniture and

3-30 equipment at voting places;

3-31 (j) The disposition of election returns;

3-32 (k) The procedures to be used for canvasses, ties, recounts and contests;

3-33 (l) The procedures to be used to ensure the security of the ballots from

3-34 the time they are transferred from the polling place until they are stored

3-35 pursuant to the provisions of NRS 293.391 or 293C.390;

3-36 (m) The procedures to be used to ensure the security and accuracy of

3-37 computer programs and tapes used for elections;

3-38 (n) The procedures to be used for the disposition of absent ballots in

3-39 case of an emergency;

3-40 (o) The forms for applications to register to vote and any other forms

3-41 necessary for the administration of this Title; and

3-42 (p) Such other matters as determined necessary by the secretary of state.

4-1 3. The secretary of state may provide interpretations and take other

4-2 actions necessary for the effective administration of the statutes and

4-3 regulations governing the conduct of primary, general, special , [and]

4-4 district and presidential preference primary elections in this state.

4-5 4. The secretary of state shall prepare and distribute to each county and

4-6 city clerk copies of:

4-7 (a) Laws and regulations concerning elections in this state;

4-8 (b) Interpretations issued by the secretary of state’s office; and

4-9 (c) Any attorney general’s opinions or any state or federal court

4-10 decisions which affect state election laws or regulations whenever any of

4-11 those opinions or decisions become known to the secretary of state.

4-12 Sec. 6. NRS 293.256 is hereby amended to read as follows:

4-13 293.256 In any election regulated by this chapter [,] or chapter 298 of

4-14 NRS, the names of candidates as printed on the ballot [shall] must not

4-15 include any title, designation or other reference which will indicate the

4-16 profession or occupation of [such] those candidates.

4-17 Sec. 7. NRS 293.287 is hereby amended to read as follows:

4-18 293.287 1. A registered voter applying to vote at any primary

4-19 election or presidential preference primary election shall give his name

4-20 and political affiliation, if any, to the election board officer in charge of the

4-21 election board register, and the officer shall immediately announce the

4-22 name and political affiliation.

4-23 2. Any person’s right to vote may be challenged by any registered voter

4-24 upon:

4-25 (a) Any of the grounds allowed for a challenge in NRS 293.303;

4-26 (b) The ground that the person applying does not belong to the political

4-27 party designated upon the register; or

4-28 (c) The ground that the register does not show that he designated the

4-29 political party to which he claims to belong.

4-30 3. Any such challenge must be disposed of in the manner provided by

4-31 NRS 293.303.

4-32 4. A registered voter who has designated on his application to register

4-33 to vote an affiliation with a minor political party may vote a nonpartisan

4-34 ballot at the primary election.

4-35 Sec. 8. NRS 293.303 is hereby amended to read as follows:

4-36 293.303 1. A person applying to vote may be challenged:

4-37 (a) Orally by any registered voter of the precinct or district upon the

4-38 ground that he is not the person entitled to vote as claimed or has voted

4-39 before at the same election; or

4-40 (b) On any ground set forth in a challenge filed with the county clerk

4-41 pursuant to the provisions of NRS 293.547.

4-42 2. If a person is challenged, an election board officer shall tender the

4-43 challenged person the following oath or affirmation:

5-1 (a) If the challenge is on the ground that he does not belong to the

5-2 political party designated upon the register, "I swear or affirm under

5-3 penalty of perjury that I belong to the political party designated upon the

5-4 register";

5-5 (b) If the challenge is on the ground that the register does not show that

5-6 he designated the political party to which he claims to belong, "I swear or

5-7 affirm under penalty of perjury that I designated on the application to

5-8 register to vote the political party to which I claim to belong";

5-9 (c) If the challenge is on the ground that he does not reside at the

5-10 residence for which the address is listed in the election board register, "I

5-11 swear or affirm under penalty of perjury that I reside at the residence for

5-12 which the address is listed in the election board register";

5-13 (d) If the challenge is on the ground that he previously voted a ballot for

5-14 the election, "I swear or affirm under penalty of perjury that I have not

5-15 voted for any of the candidates or questions included on this ballot for this

5-16 election"; or

5-17 (e) If the challenge is on the ground that he is not the person he claims

5-18 to be, "I swear or affirm under penalty of perjury that I am the person

5-19 whose name is in this election board register."

5-20 The oath or affirmation must be set forth on a form prepared by the

5-21 secretary of state and signed by the challenged person under penalty of

5-22 perjury.

5-23 3. Except as otherwise provided in subsection 4, if the challenged

5-24 person refuses to execute the oath or affirmation so tendered, he must not

5-25 be issued a ballot, and the officer in charge of the election board register

5-26 shall write the words "Challenged ................" opposite his name in the

5-27 election board register.

5-28 4. If the challenged person refuses to execute the oath or affirmation

5-29 set forth in paragraph (a) or (b) of subsection 2, the election board officers

5-30 at an election other than a presidential preference primary election shall

5-31 issue him a nonpartisan ballot.

5-32 5. If the challenged person refuses to execute the oath or affirmation

5-33 set forth in paragraph (c) of subsection 2, the election board officers shall

5-34 inform him that he is entitled to vote only in the manner prescribed in NRS

5-35 293.304.

5-36 6. If the challenged person executes the oath or affirmation and the

5-37 challenge is not based on the ground set forth in paragraph (e) of subsection

5-38 2, the election board officers shall issue him a partisan ballot.

5-39 7. If the challenge is based on the ground set forth in paragraph (c) of

5-40 subsection 2, and the challenged person executes the oath or affirmation,

5-41 the election board shall not issue the person a ballot until he furnishes

5-42 satisfactory identification which contains proof of the address at which he

5-43 actually resides.

6-1 8. If the challenge is based on the ground set forth in paragraph (e) of

6-2 subsection 2 and the challenged person executes the oath or affirmation, the

6-3 election board shall not issue the person a ballot unless he:

6-4 (a) Furnishes official identification which contains a photograph of

6-5 himself, such as his driver’s license or other official document; or

6-6 (b) Brings before the election board officers a person who is at least 18

6-7 years old who:

6-8 (1) Furnishes official identification which contains a photograph of

6-9 himself, such as his driver’s license or other official document; and

6-10 (2) Executes an oath or affirmation under penalty of perjury that the

6-11 challenged person is who he swears he is.

6-12 9. The election board officers shall record the result of the challenge on

6-13 the challenge list, and the election board officer in charge of the checklist

6-14 shall indicate next to the name of the challenged person the result of the

6-15 challenge.

6-16 Sec. 9. NRS 293.309 is hereby amended to read as follows:

6-17 293.309 1. The county clerk of each county shall prepare an absent

6-18 ballot for the use of registered voters who have requested absent ballots.

6-19 2. The ballot must be prepared and ready for distribution to a

6-20 registered voter who:

6-21 (a) Resides within [the] this state, not later than 20 days before the

6-22 election in which it is to be used; or

6-23 (b) Resides outside [the state,] this state:

6-24 (1) For a primary election or general election, not later than 40 days

6-25 before [a primary or general] that election, if possible [.] ; or

6-26 (2) For a presidential preference primary election, not later than 20

6-27 days before that election.

6-28 3. Any legal action which would prevent the ballot from being issued

6-29 pursuant to subsection 2 is moot and of no effect.

6-30 Sec. 10. NRS 293.315 is hereby amended to read as follows:

6-31 293.315 1. A registered voter referred to in NRS 293.313 may, at any

6-32 time before 5 p.m. on the :

6-33 (a) Tuesday [preceding] before any election [,] other than a

6-34 presidential preference primary election; or

6-35 (b) Friday before a presidential preference primary election,

6-36 make an application to that clerk for an absent voter’s ballot. The

6-37 application must be made available for public inspection.

6-38 2. When the voter has identified himself to the satisfaction of the clerk,

6-39 he is entitled to receive the appropriate ballot or ballots, but only for his

6-40 own use.

6-41 3. A county clerk who allows a person to copy information from an

6-42 application for an absent ballot is immune from any civil or criminal

6-43 liability for any damage caused by the distribution of that information,

7-1 unless he knowingly and willingly allows a person who intends to use the

7-2 information to further an unlawful act to copy such information.

7-3 Sec. 11. NRS 293.343 is hereby amended to read as follows:

7-4 293.343 1. A registered voter who resides in an election precinct in

7-5 which there were not more than 200 voters registered for the last preceding

7-6 general election, or in a precinct in which it appears to the satisfaction of

7-7 the county clerk that there are not more than 200 registered voters, may

7-8 vote at any election regulated by this chapter or chapter 298 of NRS in the

7-9 manner provided in NRS 293.345 to 293.355, inclusive.

7-10 2. Whenever the county clerk has designated a precinct as a mailing

7-11 precinct, registered voters residing in that precinct may vote at any election

7-12 regulated by this chapter or chapter 298 of NRS in the manner provided in

7-13 NRS 293.345 to 293.355, inclusive.

7-14 Sec. 12. NRS 293.345 is hereby amended to read as follows:

7-15 293.345 The county clerk shall mail to each registered voter in each

7-16 mailing precinct and in each absent ballot mailing precinct, before 5 p.m.

7-17 on the [third] :

7-18 1. Fourth Friday in February of any year in which a presidential

7-19 preference primary election is to be held, an official mailing ballot to be

7-20 voted by him at the presidential preference primary election.

7-21 2. Third Thursday in August and before 5 p.m. on the fourth Tuesday

7-22 in October of any year in which a general election is to be held, an official

7-23 mailing ballot to be voted by him at the [election.] primary and general

7-24 elections, respectively.

7-25 Sec. 13. NRS 293.3568 is hereby amended to read as follows:

7-26 293.3568 1. For a primary or general election:

7-27 (a) The period for early voting by personal appearance begins the third

7-28 Saturday preceding [a] the primary or general election and extends through

7-29 the Friday before election day, Sundays and holidays excepted.

7-30 [2.] (b) The county clerk may:

7-31 [(a)] (1) Include any Sunday or holiday that falls within the period for

7-32 early voting by personal appearance.

7-33 [(b)] (2) Require a permanent polling place for early voting to remain

7-34 open until 8 p.m. on any Saturday that falls within the period for early

7-35 voting.

7-36 [3.] (c) A permanent polling place for early voting must remain open:

7-37 [(a)] (1) On Monday through Friday:

7-38 [(1)] (I) During the first week of early voting, from 8 a.m. until 6 p.m.

7-39 [(2)] (II) During the second week of early voting, from 8 a.m. until 6

7-40 p.m. or until 8 p.m. if the county clerk so requires.

7-41 [(b)] (2) On any Saturday that falls within the period for early voting,

7-42 from 10 a.m. until 6 p.m.

8-1 [(c)] (3) If the county clerk includes a Sunday that falls within the period

8-2 for early voting pursuant to [subsection 2,] paragraph (b), during such

8-3 hours as he may establish.

8-4 2. For a presidential preference primary election:

8-5 (a) The county clerk shall establish the period for early voting by

8-6 personal appearance for his county. Such a period:

8-7 (1) Must not begin before the third Saturday preceding the election;

8-8 (2) Must include at least 5 days; and

8-9 (3) May include a Saturday, Sunday or holiday.

8-10 (b) A permanent polling place for early voting by personal appearance

8-11 must remain open at least from 8 a.m. until 6 p.m. on a weekday and

8-12 during such hours as the county clerk establishes on any Saturday,

8-13 Sunday or holiday.

8-14 Sec. 14. NRS 293.3572 is hereby amended to read as follows:

8-15 293.3572 1. In addition to permanent polling places for early voting,

8-16 the county clerk may establish temporary branch polling places for early

8-17 voting.

8-18 2. The provisions of paragraph (c) of subsection [3] 1 and paragraph

8-19 (b) of subsection 2 of NRS 293.3568 do not apply to a temporary polling

8-20 place. Voting at a temporary branch polling place may be conducted on any

8-21 one or more days and during any hours within the period for early voting by

8-22 personal appearance, as determined by the county clerk.

8-23 3. The schedules for conducting voting are not required to be uniform

8-24 among the temporary branch polling places.

8-25 4. The legal rights and remedies which inure to the owner or lessor of

8-26 private property are not impaired or otherwise affected by the leasing of the

8-27 property for use as a temporary branch polling place for early voting,

8-28 except to the extent necessary to conduct early voting at that location.

8-29 Sec. 15. NRS 293.3602 is hereby amended to read as follows:

8-30 293.3602 If paper ballots or ballots which are voted by punching a

8-31 card are used during the period for early voting by personal appearance:

8-32 1. The ballots voted at the permanent or temporary polling place must

8-33 be delivered by an election board officer to the county clerk’s office at the

8-34 close of each voting day. The seal on the ballot box must indicate the

8-35 number of voted ballots contained in that box for that day.

8-36 2. When the ballot box is delivered pursuant to subsection 1, the

8-37 county clerk shall provide a new ballot box locked in the manner prescribed

8-38 in NRS 293.359.

8-39 3. At the close of the fourth voting day before the last day to vote early

8-40 and at the close of each of the 3 days thereafter, the county clerk shall

8-41 deliver all ballots voted to the ballot board for early voting. At the close of

8-42 the last voting day, the county clerk shall deliver to the ballot board for

8-43 early voting:

9-1 (a) Each remaining ballot box containing the ballots voted early by

9-2 personal appearance and his key to each box;

9-3 (b) A voting roster of all persons who voted early by personal

9-4 appearance; and

9-5 (c) Any list of registered voters used in conducting early voting.

9-6 4. Upon the call of the chairmen of the board, the custodian of the key

9-7 to the second lock on the ballot boxes shall deliver his key for each box to

9-8 the presiding officer.

9-9 5. Upon the receipt of ballots, the board shall:

9-10 (a) Remove all ballots from the ballot boxes and sort the ballots by

9-11 precinct or voting district;

9-12 (b) Count the number of ballots by precinct or voting district;

9-13 (c) Account for all ballots on an official statement of ballots; and

9-14 (d) Place all official ballots in the container provided to transport those

9-15 items to a central counting place and seal the container with a numbered

9-16 seal. The official statement of ballots must accompany the voted ballots to

9-17 the central counting place.

9-18 6. The county clerk shall allow members of the general public to

9-19 observe the handling of the ballots pursuant to subsection 5 if those

9-20 members do not interfere with the handling of the ballots.

9-21 7. In addition to the requirements for counting the ballots set forth in

9-22 subsection 5, for a presidential preference primary election the board for

9-23 any county that has more than one congressional district within its

9-24 boundaries shall make a separate count of the ballots by congressional

9-25 district.

9-26 Sec. 16. NRS 293.3604 is hereby amended to read as follows:

9-27 293.3604 If ballots which are voted on a mechanical recording device

9-28 which directly records the votes electronically are used during the period

9-29 for early voting by personal appearance : [in an election other than a

9-30 presidential preference primary election:]

9-31 1. At the close of each voting day the election board shall:

9-32 (a) Prepare and sign a statement for the polling place. The statement

9-33 must include:

9-34 (1) The title of the election;

9-35 (2) The number of the precinct or voting district;

9-36 (3) The number which identifies the mechanical recording device and

9-37 the storage device required pursuant to NRS 293B.084;

9-38 (4) The number of ballots voted on the mechanical recording device

9-39 for that day;

9-40 (5) The number of signatures in the roster for early voting for that

9-41 day; and

9-42 (6) The number of voting receipts retained pursuant to NRS 293.3585

9-43 for that day.

10-1 (b) Secure:

10-2 (1) The ballots pursuant to the plan for security required by NRS

10-3 293.3594; and

10-4 (2) Each mechanical voting device in the manner prescribed by the

10-5 secretary of state pursuant to NRS 293.3594.

10-6 2. At the close of the last voting day, the county clerk shall deliver to

10-7 the ballot board for early voting:

10-8 (a) The statements for all polling places for early voting;

10-9 (b) The voting receipts retained pursuant to NRS 293.3585;

10-10 (c) The voting rosters used for early voting;

10-11 (d) The storage device required pursuant to NRS 293B.084 from each

10-12 mechanical recording device used during the period for early voting; and

10-13 (e) Any other items as determined by the county clerk.

10-14 3. Upon receipt of the items set forth in subsection 2 at the close of the

10-15 last voting day, the ballot board for early voting shall:

10-16 (a) Sort the items by precinct or voting district;

10-17 (b) Count the number of ballots voted by precinct or voting district;

10-18 (c) Account for all ballots on an official statement of ballots; and

10-19 (d) Place the items in the container provided to transport those items to

10-20 the central counting place and seal the container with a numbered seal. The

10-21 official statement of ballots must accompany the items to the central

10-22 counting place.

10-23 4. In addition to the requirements for counting the ballots set forth in

10-24 subsection 3, for a presidential preference primary election the board for

10-25 any county that has more than one congressional district within its

10-26 boundaries shall make a separate count of the ballots by congressional

10-27 district.

10-28 Sec. 17. NRS 293.3608 is hereby amended to read as follows:

10-29 293.3608 On election day the county clerk shall:

10-30 1. Ensure that each mechanical recording device used during the period

10-31 for early voting provides a record printed on paper of the total number of

10-32 votes recorded on the device for each candidate and for or against each

10-33 measure; and

10-34 2. Deliver to the central counting place:

10-35 (a) The items sorted and counted pursuant to [subsection] subsections 3

10-36 and 4 of NRS 293.3604;

10-37 (b) The records printed on paper provided pursuant to subsection 1; and

10-38 (c) The storage device required pursuant to NRS 293B.084 from each

10-39 mechanical recording device used during the period for early voting.

10-40 Sec. 18. NRS 293.370 is hereby amended to read as follows:

10-41 293.370 1. When all the votes have been tallied, the counting board

10-42 officers shall enter on the tally lists [by] :

11-1 (a) By the name of each candidate , the number of votes he received [.

11-2 The number must be expressed in words and figures. The vote for and

11-3 against any] ; and

11-4 (b) By each question submitted to the electors [must be entered in the

11-5 same manner.] , the number of votes cast for and against the question.

11-6 2. The tally lists must show the number of votes, other than absentee

11-7 votes and votes in a mailing precinct, which each candidate received in

11-8 each precinct at:

11-9 (a) A primary election other than a presidential preference primary

11-10 election held in an even-numbered year; or

11-11 (b) A general election.

11-12 3. If the votes that must be tallied in a presidential preference

11-13 primary election include votes cast in more than one congressional

11-14 district, the tally lists must also show the number of votes, other than

11-15 absentee votes and votes in a mailing precinct, that each candidate

11-16 received in each congressional district.

11-17 Sec. 19. NRS 293.383 is hereby amended to read as follows:

11-18 293.383 1. Except as otherwise provided in subsection 2, each

11-19 counting board, before it adjourns, shall post a copy of the voting results in

11-20 a conspicuous place on the outside of the place where the votes were

11-21 counted.

11-22 2. When votes are cast on ballots which are mechanically or

11-23 electronically tabulated in accordance with the provisions of chapter 293B

11-24 of NRS, the county clerk shall, as soon as possible, post copies of the

11-25 tabulated voting results in a conspicuous place on the outside of the

11-26 counting facility or courthouse.

11-27 3. Each copy of the voting results posted in accordance with

11-28 subsections 1 and 2 must [set] :

11-29 (a) Set forth the accumulative total of all the votes cast within the county

11-30 or other political subdivision conducting the election [and must be] ;

11-31 (b) If the board counts votes from more than one congressional

11-32 district in a presidential preference primary election, set forth the votes

11-33 cast within each congressional district for each candidate; and

11-34 (c) Be signed by the members of the counting board or the computer

11-35 program and processing accuracy board.

11-36 Sec. 20. NRS 293.387 is hereby amended to read as follows:

11-37 293.387 1. As soon as the returns from all the precincts and districts

11-38 in any county have been received by the board of county commissioners,

11-39 the board shall meet and canvass the returns. The canvass must be

11-40 completed on or before the fifth working day following the election.

11-41 2. In making its canvass, the board shall:

11-42 (a) Note separately any clerical errors discovered; and

12-1 (b) Take account of the changes resulting from the discovery, so that the

12-2 result declared represents the true vote cast.

12-3 3. The county clerk shall, as soon as the result is declared, enter upon

12-4 the records of the board an abstract of the result, which must contain the

12-5 number of votes cast for each candidate [.] and for a presidential

12-6 preference primary election, if more than one congressional district

12-7 exists within the county, the number of votes cast for each candidate in

12-8 each congressional district. The board, after making the abstract, shall

12-9 cause the county clerk to certify the abstract and, by an order made and

12-10 entered in the minutes of its proceedings, to make:

12-11 (a) A copy of the certified abstract; and

12-12 (b) A mechanized report of the abstract in compliance with regulations

12-13 adopted by the secretary of state,

12-14 and transmit them to the secretary of state within [5] 6 working days [after

12-15 the day] after the election.

12-16 4. The secretary of state shall, immediately after any primary election,

12-17 compile the returns for all candidates voted for in more than one county. He

12-18 shall make out and file in his office an abstract thereof, and shall certify to

12-19 the county clerk of each county the name of each person nominated, and the

12-20 name of the office for which he is nominated.

12-21 5. The secretary of state shall, immediately after any presidential

12-22 preference primary election, compile the returns for all the candidates.

12-23 He shall make out and file in his office an abstract thereof, and shall

12-24 certify to the state central committee and, if necessary to comply with the

12-25 rules and regulations of the party, to the national committee of each

12-26 major political party for which a presidential preference primary election

12-27 was held, the name of the candidate who received the greatest number of

12-28 votes in each congressional district and in the state overall.

12-29 Sec. 21. NRS 293.400 is hereby amended to read as follows:

12-30 293.400 1. If, after the completion of the canvass of the returns of

12-31 any election, two or more persons receive an equal number of votes, which

12-32 is sufficient for the election of one or more but fewer than all of them to the

12-33 office, the person or persons elected must be determined as follows:

12-34 (a) In a general election for a United States Senator, Representative in

12-35 Congress, state officer who is elected statewide or by district, district judge,

12-36 or district officer whose district includes area in more than one county, the

12-37 legislature shall, by joint vote of both houses, elect one of those persons to

12-38 fill the office.

12-39 (b) In a primary election for a United States Senator, Representative in

12-40 Congress, state officer who is elected statewide or by district, district judge,

12-41 or district officer whose district includes area in more than one county, or

12-42 in a presidential preference primary election, the secretary of state shall

12-43 summon the candidates , or, in the case of a presidential preference

13-1 primary election, the candidates or their authorized representatives, who

13-2 have received the tie votes to appear before him at a time and place

13-3 designated by him , and he shall determine the tie by lot. If the tie vote is

13-4 for the office of secretary of state, the governor shall perform these duties.

13-5 (c) For any office of a county, township, incorporated city, city

13-6 organized under a special charter where the charter is silent as to

13-7 determination of a tie vote, or district which is wholly located within one

13-8 county, the county clerk shall summon the candidates who have received

13-9 the tie votes to appear before him at a time and place designated by him

13-10 and determine the tie by lot. If the tie vote is for the office of county clerk,

13-11 the board of county commissioners shall perform these duties.

13-12 2. The summons mentioned in this section must be mailed to the

13-13 address of the candidate as it appears upon his declaration of candidacy at

13-14 least 5 days before the day fixed for the determination of the tie vote and

13-15 must contain the time and place where the determination will take place.

13-16 3. The right to a recount extends to all candidates in case of a tie.

13-17 Sec. 22. NRS 293.403 is hereby amended to read as follows:

13-18 293.403 1. A candidate defeated at any election may demand and

13-19 receive a recount of the vote for the office for which he is a candidate if

13-20 within 3 working days after the canvass of the vote and the certification by

13-21 the county clerk or city clerk of the abstract of votes:

13-22 (a) He files in writing his demand with the officer with whom he filed

13-23 his declaration of candidacy or acceptance of candidacy; and

13-24 (b) He deposits in advance the estimated costs of the recount with that

13-25 officer.

13-26 2. Any voter at an election may demand and receive a recount of the

13-27 vote for a ballot question if within 3 working days after the canvass of the

13-28 vote and the certification by the county clerk or city clerk of the abstract of

13-29 votes:

13-30 (a) He files in writing his demand with:

13-31 (1) The secretary of state, if the demand is for a recount of a ballot

13-32 question affecting more than one county; or

13-33 (2) The county or city clerk who will conduct the recount, if the

13-34 demand is for a recount of a ballot question affecting only one county or

13-35 city; and

13-36 (b) He deposits in advance the estimated costs of the recount with the

13-37 person to whom he made his demand.

13-38 3. The estimated costs of the recount must be determined by the person

13-39 with whom the advance is deposited based on regulations adopted by the

13-40 secretary of state defining the term "costs."

13-41 4. As used in this section, "canvass" means:

13-42 (a) In any primary election [,] or presidential preference primary

13-43 election, the canvass by the board of county commissioners of the returns

14-1 for a candidate or ballot question voted for in one county or the canvass by

14-2 the board of county commissioners last completing its canvass of the

14-3 returns for a candidate or ballot question voted for in more than one county.

14-4 (b) In any primary city election, the canvass by the city council of the

14-5 returns for a candidate or ballot question voted for in the city.

14-6 (c) In any general election:

14-7 (1) The canvass by the supreme court of the returns for a candidate

14-8 for a statewide office or a statewide ballot question; or

14-9 (2) The canvass of the board of county commissioners of the returns

14-10 for any other candidate or ballot question, as provided in paragraph (a).

14-11 (d) In any general city election, the canvass by the city council of the

14-12 returns for a candidate or ballot question voted for in the city.

14-13 Sec. 23. NRS 293.404 is hereby amended to read as follows:

14-14 293.404 1. Where a recount is demanded pursuant to the provisions

14-15 of NRS 293.403, the:

14-16 (a) County clerk of each county affected by the recount shall employ a

14-17 recount board to conduct the recount in the county, and shall act as

14-18 chairman of the recount board unless the recount is for the office of county

14-19 clerk, in which case the chairman of the board of county commissioners

14-20 shall act as chairman of the recount board. At least one member of the

14-21 board of county commissioners must be present at the recount.

14-22 (b) City clerk shall employ a recount board to conduct the recount in the

14-23 city, and shall act as chairman of the recount board unless the recount is for

14-24 the office of city clerk, in which case the mayor of the city shall act as

14-25 chairman of the recount board. At least one member of the city council

14-26 must be present at the recount.

14-27 Each candidate for the office affected by the recount and the voter who

14-28 demanded the recount, if any, may be present in person or by an authorized

14-29 representative, but may not be a member of the recount board.

14-30 2. Except in counties or cities using a mechanical voting system, the

14-31 recount must include a count and inspection of all ballots, including

14-32 rejected ballots, and must determine whether those ballots are marked as

14-33 required by law.

14-34 3. If a recount of the ballots cast in an election other than a

14-35 presidential preference primary election is demanded in a county or city

14-36 using a mechanical voting system, the person who demanded the recount

14-37 shall select the ballots for the office or ballot question affected from 5

14-38 percent of the precincts, but in no case fewer than three precincts, after

14-39 consultation with each candidate for the office or his authorized

14-40 representative. If a recount of the ballots cast in a presidential preference

14-41 primary election is demanded in a county using a mechanical voting

14-42 system, the county clerk shall select 5 percent of the ballots cast in the

14-43 election to conduct the recount, after consultation with each candidate or

15-1 his authorized representative. The recount board shall examine the

15-2 selected ballots, including any duplicate or rejected ballots, shall determine

15-3 whether the ballots have been voted in accordance with this Title and shall

15-4 count the valid ballots by hand. A recount by computer must be made of all

15-5 the selected ballots. If the count of the selected ballots or the recount shows

15-6 a discrepancy of 1 percent or more for either candidate, or in favor of or

15-7 against a ballot question, from the original canvass of the returns, the

15-8 county or city clerk shall order a count by hand of all the ballots for that

15-9 office. If there is not a discrepancy of 1 percent or more, the county or city

15-10 clerk shall not order such a count, but shall order a recount by computer of

15-11 all the ballots for the office.

15-12 4. The county or city clerk shall unseal and give to the recount board

15-13 all ballots to be counted.

15-14 5. In the case of a demand for a recount affecting more than one

15-15 county, the demand must be made to the secretary of state, who shall notify

15-16 the county clerks to proceed with the recount.

15-17 Sec. 24. NRS 293.407 is hereby amended to read as follows:

15-18 293.407 1. A candidate at any election, or any registered voter of the

15-19 appropriate political subdivision, may contest the election of any candidate,

15-20 except for the office of United States Senator or Representative in

15-21 Congress.

15-22 2. Except where the contest involves the general election for the office

15-23 of governor, lieutenant governor, assemblyman, state senator or justice of

15-24 the supreme court, a candidate or voter who wishes to contest an election,

15-25 including a presidential preference primary election or an election to the

15-26 office of presidential elector, must, within the time prescribed in NRS

15-27 293.413, file with the clerk of the district court a written statement of

15-28 contest, setting forth:

15-29 (a) The name of the contestant and , unless the contestant is a

15-30 candidate in a presidential preference primary election, that he is a

15-31 registered voter of the political subdivision in which the election to be

15-32 contested or part of it was held;

15-33 (b) The name of the defendant;

15-34 (c) The office to which the defendant was declared elected;

15-35 (d) The particular grounds of contest and the section of Nevada Revised

15-36 Statutes pursuant to which the statement is filed; and

15-37 (e) The date of the declaration of the result of the election and the body

15-38 or board which canvassed the returns thereof.

15-39 3. The contestant shall verify the statement of contest in the manner

15-40 provided for the verification of pleadings in civil actions.

15-41 4. All material regarding a contest filed by a contestant with the clerk

15-42 of the district court must be filed in triplicate.

16-1 Sec. 25. NRS 293.417 is hereby amended to read as follows:

16-2 293.417 1. If, in any contest, the court finds from the evidence that a

16-3 person other than the defendant received the greatest number of legal votes,

16-4 the court, as a part of the judgment, shall declare that person elected or

16-5 nominated.

16-6 2. The person declared nominated or elected by the court is entitled to

16-7 a certificate of nomination or election. If a certificate has not been issued to

16-8 him, the county clerk, city clerk or secretary of state shall execute and

16-9 deliver to that person a certificate of election or a certificate of nomination.

16-10 3. If a certificate of election or nomination to the same office has been

16-11 issued to any person other than the one declared elected by the court, that

16-12 certificate must be annulled by the judgment of the court.

16-13 4. Whenever an election is annulled or set aside by the court, and the

16-14 court does not declare some candidate elected, the certificate of election or

16-15 the commission, if any has been issued, is void and the office is vacant.

16-16 5. In a contest over a presidential preference primary election, the

16-17 candidate declared by the court to have received the greatest number of

16-18 votes in a particular congressional district or in the state overall is

16-19 entitled to have such results certified by the secretary of state pursuant to

16-20 subsection 5 of NRS 293.387. If such certification has not been issued,

16-21 the secretary of state shall issue the certification. If such certification has

16-22 been issued to a candidate other than the one declared to have received

16-23 the greatest number of votes by the court, that certification must be

16-24 annulled by the judgment of the court.

16-25 Sec. 26. NRS 293.485 is hereby amended to read as follows:

16-26 293.485 1. Every citizen of the United States, 18 years of age or

16-27 over, who has continuously resided in this state and in the county 30 days

16-28 and in the precinct 10 days next preceding the day of the next succeeding:

16-29 (a) Primary election;

16-30 (b) Primary city election;

16-31 (c) Presidential preference primary election;

16-32 (d) General election; or

16-33 [(d)] (e) General city election,

16-34 and who has registered in the manner provided in this chapter, is entitled to

16-35 vote at that election.

16-36 2. This section does not exclude the registration of eligible persons

16-37 whose 18th birthday or the date of whose completion of the required

16-38 residence occurs on or before the next succeeding:

16-39 (a) Primary election;

16-40 (b) Primary city election;

16-41 (c) Presidential preference primary election;

16-42 (d) General election;

17-1 [(d)] (e) General city election; or

17-2 [(e)] (f) Any other election.

17-3 Sec. 27. NRS 293.503 is hereby amended to read as follows:

17-4 293.503 1. The county clerk of each county where a registrar of

17-5 voters has not been appointed pursuant to NRS 244.164:

17-6 (a) Is ex officio county registrar and registrar for all precincts within the

17-7 county.

17-8 (b) Shall [have] maintain the custody of all books, documents and

17-9 papers pertaining to registration provided for in this chapter.

17-10 2. All books, documents and papers pertaining to registration are

17-11 official records of the office of the county clerk.

17-12 3. The county clerk shall maintain records of any program or activity

17-13 that is conducted within the county to ensure the accuracy and currency of

17-14 the registrar of voters’ register for not less than 2 years after creation. The

17-15 records must include the names and addresses of any person to whom a

17-16 notice is mailed pursuant to NRS 293.5235, 293.530 [,] or 293.535 and

17-17 whether the person responded to the notice.

17-18 4. Any program or activity that is conducted within the county for the

17-19 purpose of removing the name of each person who is ineligible to vote in

17-20 the county from the registrar of voters’ register must be complete not later

17-21 than 90 days before the next primary [or] election, general election [.] or

17-22 presidential preference primary election.

17-23 5. Except as otherwise provided [by] in subsection 6, all records

17-24 maintained by the county clerk pursuant to subsection 3 must be available

17-25 for public inspection.

17-26 6. Any information relating to where a person registers to vote must

17-27 remain confidential and is not available for public inspection. Such

17-28 information may only be used by an election officer for purposes related to

17-29 voter registration.

17-30 Sec. 28. NRS 293.557 is hereby amended to read as follows:

17-31 293.557 1. The county clerk may cause to be published once in each

17-32 of the newspapers circulated in different parts of the county or cause to be

17-33 published once in a newspaper circulated in the county:

17-34 (a) An alphabetical listing of all registered voters, including the precinct

17-35 of each voter:

17-36 (1) Within the circulation area of each newspaper if the listing is

17-37 published in each newspaper circulated in different parts of the county; or

17-38 (2) Within the entire county if the listing is published in only one

17-39 newspaper in the county; or

17-40 (b) A statement notifying the public that the county clerk will provide an

17-41 alphabetical listing of the names of all registered voters in the entire county

17-42 and the precinct of each voter free of charge to any person upon request.

18-1 2. If the county clerk publishes the list of registered voters, he must do

18-2 so:

18-3 (a) Not less than 2 weeks before the close of registration for any primary

18-4 election [.] or presidential preference primary election.

18-5 (b) After each primary election and not less than 2 weeks before the

18-6 close of registration for the ensuing general election.

18-7 3. The county may not pay more than 10 cents per name for six-point

18-8 or seven-point type or 15 cents per name for eight-point type or larger to

18-9 each newspaper publishing the list.

18-10 4. The list of registered voters, if published, must not be printed in type

18-11 smaller than six-point.

18-12 Sec. 29. NRS 293.560 is hereby amended to read as follows:

18-13 293.560 1. Except as otherwise provided in NRS 293.502,

18-14 registration must close at 9 p.m. on the fifth Saturday preceding any

18-15 primary [or] election, general election or presidential preference primary

18-16 election and at 9 p.m. on the third Saturday preceding any recall or special

18-17 election, except that if a recall or special election is held on the same day as

18-18 a primary election or general election, registration must close at 9 p.m. on

18-19 the fifth Saturday preceding the day of the elections.

18-20 2. The offices of the county clerk and other ex officio registrars must

18-21 be open from 9 a.m. to 5 p.m. , and the office of the county clerk must also

18-22 be open from 7 p.m. to 9 p.m., including Saturdays, during the last days

18-23 before the close of registration, according to the following schedule:

18-24 (a) In a county whose population is less than 100,000, those offices must

18-25 be open during the last 3 days before registration closes.

18-26 (b) In all other counties, those offices must be open during the last 5

18-27 days before registration closes.

18-28 3. Except for a special election held pursuant to chapter 306 or 350 of

18-29 NRS:

18-30 (a) The county clerk of each county shall cause a notice signed by him

18-31 to be published in a newspaper having a general circulation in the county

18-32 indicating the day that registration will be closed. If no such newspaper is

18-33 published in the county, the publication may be made in a newspaper of

18-34 general circulation published in the nearest county in this state.

18-35 (b) The notice must be published once each week for 4 consecutive

18-36 weeks next preceding the close of registration for any election.

18-37 4. The offices of the county clerk and other ex officio registrars may

18-38 remain open on October 31 in each even-numbered year.

18-39 Sec. 30. NRS 293.565 is hereby amended to read as follows:

18-40 293.565 1. Except as otherwise provided in subsection 2, sample

18-41 ballots must include:

18-42 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,

18-43 for each proposed constitutional amendment or statewide measure;

19-1 (b) An explanation, as provided pursuant to NRS 218.443, of each

19-2 proposed constitutional amendment or statewide measure, including

19-3 arguments for and against it; and

19-4 (c) The full text of each proposed constitutional amendment.

19-5 2. Sample ballots that are mailed to registered voters may be printed

19-6 without the full text of each proposed constitutional amendment if:

19-7 (a) The cost of printing the sample ballots would be significantly

19-8 reduced if the full text of each proposed constitutional amendment were not

19-9 included;

19-10 (b) The county clerk ensures that a sample ballot that includes the full

19-11 text of each proposed constitutional amendment is provided at no charge to

19-12 each registered voter who requests such a sample ballot; and

19-13 (c) The sample ballots provided to each polling place include the full

19-14 text of each proposed constitutional amendment.

19-15 3. At least 10 days before any election, the county clerk shall cause to

19-16 be mailed to each registered voter in the county a sample ballot for his

19-17 precinct with a notice informing the voter of the location of his polling

19-18 place. If the location of the polling place has changed since the last

19-19 election:

19-20 (a) The county clerk shall mail a notice of the change to each registered

19-21 voter in the county not sooner than 10 days before mailing the sample

19-22 ballots; or

19-23 (b) The sample ballot must also include a notice in at least 10-point bold

19-24 type immediately above the location which states:

19-25 NOTICE: THE LOCATION OF YOUR POLLING PLACE

19-26 HAS CHANGED SINCE THE LAST ELECTION

19-27 4. The county clerk shall include in each sample ballot for a primary

19-28 election [,] a separate page on which is printed a list of the offices and

19-29 candidates for those offices for which there is no opposition.

19-30 5. The county clerk shall include with each sample ballot for a

19-31 presidential preference primary election a notice of the period for early

19-32 voting and the hours during which the polls for early voting will be open

19-33 for such an election in that county.

19-34 6. The cost of mailing sample ballots for any election other than a

19-35 primary [or] election, general election or presidential preference primary

19-36 election must be borne by the political subdivision holding the election.

19-37 Sec. 31. NRS 293B.080 is hereby amended to read as follows:

19-38 293B.080 A mechanical voting system must, except at [primary

19-39 elections,] a primary election or presidential preference primary election,

19-40 permit the voter to vote for all the candidates of one party or in part for the

20-1 candidates of one party and in part for the candidates of one or more other

20-2 parties.

20-3 Sec. 32. NRS 293B.130 is hereby amended to read as follows:

20-4 293B.130 1. Before any election where a mechanical voting system

20-5 is to be used, the county clerk shall prepare or cause to be prepared a

20-6 computer program on cards, tape or other material suitable for use with the

20-7 computer or counting device to be employed for counting the votes cast.

20-8 The program must cause the computer or counting device to operate in the

20-9 following manner:

20-10 (a) All lawful votes cast by each voter must be counted.

20-11 (b) All unlawful votes, including, but not limited to, overvotes or, in a

20-12 primary election [,] or presidential preference primary election, votes cast

20-13 for a candidate of a major political party other than the party, if any, of the

20-14 registration of the voter , must not be counted.

20-15 (c) If the election is:

20-16 (1) A primary election held in an even-numbered year [;] , other than

20-17 a presidential preference primary election; or

20-18 (2) A general election,

20-19 the total votes, other than absentee votes and votes in a mailing precinct,

20-20 must be accumulated by precinct.

20-21 (d) If the election is a presidential preference primary election, in a

20-22 county with more than one congressional district, the total votes, other

20-23 than absentee votes and votes in a mailing precinct, must be accumulated

20-24 by congressional district.

20-25 (e) The computer or counting device must halt or indicate by

20-26 appropriate signal if a ballot is encountered which lacks a code identifying

20-27 the precinct in which it was voted and, in a primary election [,] or

20-28 presidential preference primary election, identifying the major political

20-29 party of the voter.

20-30 2. The program must be prepared under the supervision of the accuracy

20-31 certification board appointed pursuant to the provisions of NRS 293B.140.

20-32 3. The county clerk shall take such measures as he deems necessary to

20-33 protect the program from being altered or damaged.

20-34 Sec. 33. NRS 293B.210 is hereby amended to read as follows:

20-35 293B.210 1. If a mechanical voting system is used whereby a vote is

20-36 cast by punching a card, the county or city clerk shall furnish sufficient lists

20-37 of offices and candidates and the statements of measures to be voted on for

20-38 the mechanical recording devices used at any election.

20-39 2. The secretary of state shall provide to or reimburse each county for

20-40 all cards used in each primary election or general election [.] or

20-41 presidential preference primary election. Any reimbursement must be paid

20-42 from the reserve for statutory contingency account upon recommendation

20-43 by the secretary of state and approval by the state board of examiners.

21-1 Sec. 34. NRS 293B.300 is hereby amended to read as follows:

21-2 293B.300 1. In a primary election [,] or presidential preference

21-3 primary election, a member of the election board for a precinct shall issue

21-4 each partisan voter a ballot which contains a distinctive code associated

21-5 with the major political party of the voter and on which is clearly printed

21-6 the name of the party.

21-7 2. If a mechanical voting system is used in a primary election or

21-8 presidential preference primary election whereby votes are directly

21-9 recorded electronically, a member of the election board shall, in addition to

21-10 the ballot described in subsection 1, issue each partisan voter a voting

21-11 receipt on which is clearly printed the name of the major political party of

21-12 the voter.

21-13 3. The member of the election board shall direct the partisan voter to a

21-14 mechanical recording device containing the list of offices and candidates

21-15 arranged for the voter’s major political party in the manner provided in

21-16 NRS 293B.190 [.] and section 41 of this act.

21-17 Sec. 35. NRS 293B.380 is hereby amended to read as follows:

21-18 293B.380 1. The ballot processing and packaging board must be

21-19 composed of persons who are qualified in the use of the data processing

21-20 equipment to be operated for the voting count.

21-21 2. The board shall:

21-22 (a) Allow members of the general public to observe the counting area

21-23 where the computers are located during the period when ballots are being

21-24 processed if those members do not interfere with the processing of the

21-25 ballots.

21-26 (b) Receive ballots and maintain groupings of them by precinct [.] or

21-27 voting district.

21-28 (c) Before each counting of the ballots or computer run begins, validate

21-29 the testing material with the counting program.

21-30 (d) Maintain a log showing the sequence in which the ballots of each

21-31 precinct or voting district are processed, as a measure to ensure that the

21-32 ballots of all precincts or voting districts are processed.

21-33 (e) After each counting of the ballots, again verify the testing material

21-34 with the counting program to substantiate that there has been no

21-35 substitution or irregularity.

21-36 (f) Record an explanation of any irregularity that occurs in the

21-37 processing.

21-38 (g) If the election is:

21-39 (1) A primary election held in an even-numbered year [;] , other than

21-40 a presidential preference primary election; or

21-41 (2) A general election,

22-1 ensure that a list is compiled indicating the total votes, other than absentee

22-2 votes and votes in a mailing precinct, which each candidate accumulated in

22-3 each precinct.

22-4 (h) If the election is a presidential preference primary election, in a

22-5 county with more than one congressional district, the board shall ensure

22-6 that a list is compiled indicating the total votes, other than absentee votes

22-7 and votes in a mailing precinct, that each candidate accumulated in each

22-8 congressional district.

22-9 (i) Collect all returns, programs, testing materials, ballots and other

22-10 items used in the election at the computer center and package and deliver

22-11 the items to the county clerk for sealing and storage.

22-12 Sec. 36. NRS 293C.3604 is hereby amended to read as follows:

22-13 293C.3604 If ballots which are voted on a mechanical recording device

22-14 which directly records the votes electronically are used during the period

22-15 for early voting by personal appearance : [in an election other than a

22-16 presidential preference primary election:]

22-17 1. At the close of each voting day the election board shall:

22-18 (a) Prepare and sign a statement for the polling place. The statement

22-19 must include:

22-20 (1) The title of the election;

22-21 (2) The number of the precinct or voting district;

22-22 (3) The number which identifies the mechanical recording device and

22-23 the storage device required pursuant to NRS 293B.084;

22-24 (4) The number of ballots voted on the mechanical recording device

22-25 for that day;

22-26 (5) The number of signatures in the roster for early voting for that

22-27 day; and

22-28 (6) The number of voting receipts retained pursuant to NRS

22-29 293C.3585 for that day.

22-30 (b) Secure:

22-31 (1) The ballots pursuant to the plan for security required by NRS

22-32 293C.3594; and

22-33 (2) Each mechanical voting device in the manner prescribed by the

22-34 secretary of state pursuant to NRS 293C.3594.

22-35 2. At the close of the last voting day, the city clerk shall deliver to the

22-36 ballot board for early voting:

22-37 (a) The statements for all polling places for early voting;

22-38 (b) The voting receipts retained pursuant to NRS 293C.3585;

22-39 (c) The voting rosters used for early voting;

22-40 (d) The storage device required pursuant to NRS 293B.084 from each

22-41 mechanical recording device used during the period for early voting; and

22-42 (e) Any other items as determined by the city clerk.

23-1 3. Upon receipt of the items set forth in subsection 2 at the close of the

23-2 last voting day, the ballot board for early voting shall:

23-3 (a) Sort the items by precinct or voting district;

23-4 (b) Count the number of ballots voted by precinct or voting district;

23-5 (c) Account for all ballots on an official statement of ballots; and

23-6 (d) Place the items in the container provided to transport those items to

23-7 the central counting place and seal the container with a number seal. The

23-8 official statement of ballots must accompany the items to the central

23-9 counting place.

23-10 Sec. 37. Chapter 298 of NRS is hereby amended by adding thereto the

23-11 provisions set forth as sections 38 to 46, inclusive, of this act.

23-12 Sec. 38. 1. Not later than November 1 of the year preceding a year

23-13 in which a President of the United States is elected, the state central

23-14 committee of each major political party shall notify the secretary of state,

23-15 in writing, whether the party will participate in the presidential

23-16 preference primary election.

23-17 2. If the secretary of state receives a statement pursuant to subsection

23-18 1 which states that a major political party will participate in the

23-19 presidential preference primary election and:

23-20 (a) More than one candidate of that party files a declaration of

23-21 candidacy pursuant to section 39 of this act, a presidential preference

23-22 primary election for that party must be held pursuant to the provisions of

23-23 chapters 293 and 293B of NRS on the first Friday following the first

23-24 Tuesday in March of the year in which the presidential election is held.

23-25 (b) Only one candidate of that party files a declaration of candidacy

23-26 pursuant to section 39 of this act, a presidential preference primary

23-27 election for that party must not be held and that candidate must be

23-28 certified by the secretary of state as the candidate who received the

23-29 greatest number of votes in each congressional district and in this state

23-30 overall in the manner set forth in subsection 5 of NRS 293.387.

23-31 3. No other election may be held at the same time as a presidential

23-32 preference primary election.

23-33 Sec. 39. A person who wishes to be a candidate for the nomination

23-34 of President of the United States for a major political party for which a

23-35 presidential preference primary election will be held must, not earlier

23-36 than January 1 and not later than 5 p.m. on January 5 of a year in which

23-37 a presidential preference primary election is held:

23-38 1. File with the secretary of state a declaration of candidacy on a

23-39 form prescribed by the secretary of state; and

23-40 2. Pay to the secretary of state a filing fee of $1,000.

23-41 Sec. 40. 1. Not later than January 15 of each year in which a

23-42 presidential election is held, the secretary of state shall forward to each

23-43 county clerk a certified list of the names of those persons whose names

24-1 must appear on the ballot for the presidential preference primary election

24-2 for each major political party for which a presidential preference

24-3 primary election will be held.

24-4 2. If there is no contest for a major political party’s nomination for

24-5 president of the United States:

24-6 (a) The secretary of state shall not forward the name of the only

24-7 candidate to file a declaration of candidacy;

24-8 (b) A ballot for that party must not be printed; and

24-9 (c) An election for that party’s nomination must not be held.

24-10 3. Immediately upon receipt of the certified list of candidates from

24-11 the secretary of state, the county clerk shall publish a notice of the

24-12 presidential preference primary election in a newspaper of general

24-13 circulation in the county once a week for 2 successive weeks. If no such

24-14 newspaper is published in the county, the publication may be made in a

24-15 newspaper of general circulation in the nearest county in this state.

24-16 4. The notice must state the:

24-17 (a) Date of the election;

24-18 (b) Location of the polling places;

24-19 (c) Hours during which the polling places will be open;

24-20 (d) Period for early voting by personal appearance; and

24-21 (e) Names of the candidates for the nomination for President of the

24-22 United States of each major political party for which a presidential

24-23 preference primary election will be held.

24-24 Sec. 41. 1. The names of the candidates for nomination for

24-25 President of the United States for each major political party for which a

24-26 presidential preference primary election will be held must be printed on

24-27 the official ballots for the election. There must be a separate ballot for

24-28 each major political party.

24-29 2. The name of the major political party must appear at the top of the

24-30 ballot for that party. The names of the candidates of each major political

24-31 party must be printed alphabetically upon the ballot of that party.

24-32 Sec. 42. Each voter registered with a party for which a presidential

24-33 preference primary election will be held may vote at such an election on

24-34 the partisan ballot of that party for one person to be the candidate for

24-35 nomination for President of the United States for that party.

24-36 Sec. 43. 1. The delegates and alternate delegates for a major

24-37 political party of this state who are selected to attend the national

24-38 convention of that party must be pledged, for the first convention ballot,

24-39 to the candidate for nomination for President of the United States of that

24-40 party who received the greatest number of votes statewide in the

24-41 presidential preference primary election or was the only candidate for

24-42 that party to file a declaration of candidacy pursuant to section 39 of this

24-43 act, unless the:

25-1 (a) Rules and regulations of the national convention of that party for

25-2 the:

25-3 (1) Selection of delegates and alternate delegates to attend the

25-4 national convention of that party; or

25-5 (2) Conduct of delegates and alternate delegates at the national

25-6 convention of that party,

25-7 do not allow a delegate or alternate delegate to be pledged in this

25-8 manner; or

25-9 (b) The candidate releases those delegates and alternate delegates

25-10 pursuant to subsection 3.

25-11 2. A delegate or alternate delegate subject to the requirements of

25-12 subsection 1 shall, within 2 weeks after his selection, file with the

25-13 secretary of state a pledge to act in accordance with subsection 1. The

25-14 secretary of state shall prepare and make available a form for this

25-15 purpose.

25-16 3. At any time after the presidential preference primary election, a

25-17 candidate described in subsection 1 may release the delegates and

25-18 alternate delegates from their pledge to support him at the national

25-19 convention. Such delegates and alternate delegates shall be deemed to be

25-20 released when the candidate notifies the chairman of the state delegation

25-21 of his party, in writing, that he wishes to release those delegates and

25-22 alternate delegates.

25-23 Sec. 44. If a presidential preference primary election is held

25-24 pursuant to sections 38 to 46, inclusive, of this act, the cost of the election

25-25 is a charge against the state and must be paid from the reserve for

25-26 statutory contingency account upon recommendation by the secretary of

25-27 state and approval by the state board of examiners.

25-28 Sec. 45. The provisions of sections 38 to 46, inclusive, of this act

25-29 must be construed and applied in a manner consistent with any rules and

25-30 regulations affecting the selection or certification of delegates and

25-31 alternate delegates of a major political party of this state to the national

25-32 convention of that party to ensure that such delegates and alternate

25-33 delegates are properly selected and certified to the national convention as

25-34 a result of the presidential preference primary election.

25-35 Sec. 46. The secretary of state may adopt regulations to carry out the

25-36 provisions of sections 38 to 46, inclusive, of this act.

25-37 Sec. 47. NRS 353.264 is hereby amended to read as follows:

25-38 353.264 1. The reserve for statutory contingency account is hereby

25-39 created in the state general fund.

25-40 2. The state board of examiners shall administer the reserve for

25-41 statutory contingency account, and the money in the account must be

25-42 expended only for:

26-1 (a) The payment of claims which are obligations of the state pursuant to

26-2 NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070,

26-3 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120,

26-4 353.262, 412.154 and 475.235 [;] and section 44 of this act;

26-5 (b) The payment of claims which are obligations of the state pursuant to:

26-6 (1) Chapter 472 of NRS arising from operations of the division of

26-7 forestry of the state department of conservation and natural resources

26-8 directly involving the protection of life and property; and

26-9 (2) NRS 7.155, 34.750, 176A.640, 178.465, 179.225, 213.153 and

26-10 293B.210,

26-11 but the claims must be approved for the respective purposes listed in this

26-12 paragraph only when the money otherwise appropriated for those purposes

26-13 has been exhausted;

26-14 (c) The payment of claims which are obligations of the state pursuant to

26-15 NRS 41.0349 and 41.037, but only to the extent that the money in the fund

26-16 for insurance premiums is insufficient to pay the claims; and

26-17 (d) The payment of claims which are obligations of the state pursuant to

26-18 NRS 535.030 arising from remedial actions taken by the state engineer

26-19 when the condition of a dam becomes dangerous to the safety of life or

26-20 property.

26-21 Sec. 48. 1. There is hereby appropriated from the state general fund

26-22 to the reserve for statutory contingency account created pursuant to NRS

26-23 353.264 the sum of $1,400,000 to pay the cost of the presidential

26-24 preference primary election that will be held on March 10, 2000.

26-25 2. Any remaining balance of the appropriation made by subsection 1

26-26 must not be committed for expenditure after June 30, 2000, and reverts to

26-27 the state general fund as soon as all payments of money committed have

26-28 been made.

26-29 Sec. 49. This act becomes effective upon passage and approval.

26-30 Sec. 50. The legislative counsel shall:

26-31 1. In preparing the reprint and supplements to the Nevada Revised

26-32 Statutes, with respect to any section that is not amended by this act or is

26-33 further amended by another act, appropriately change any provision

26-34 concerning a primary election that should include a reference to the

26-35 presidential preference primary election.

26-36 2. In preparing supplements to the Nevada Administrative Code,

26-37 appropriately change any provision concerning a primary election that

26-38 should include a reference to the presidential preference primary election.

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