Senate Bill No. 91–Senator Neal
February 3, 1999
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Referred to Committee on Government Affairs
SUMMARY—Authorizes candidate for elective office to include statement on sample ballot.
(BDR 24-690)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
AN ACT relating to elections; authorizing a candidate for elective office to include a
statement in the sample ballot on which his name will appear; establishing certain requirements regarding the information that is included in the statement; requiring a fee for the inclusion of the statement in the sample ballot; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 293 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. Notwithstanding the provisions of NRS 293.256, a1-4
candidate for elective office may prepare a statement for inclusion in the1-5
sample ballot on which the name of the candidate will appear.1-6
2. The statement must:1-7
(a) Include the name, age and occupation of the candidate and a brief1-8
description of the education and qualifications of the candidate;1-9
(b) Be written on a form prescribed by the secretary of state pursuant1-10
to NRS 293.250;1-11
(c) Be authored by the candidate personally;1-12
(d) Be not more than 400 words in length; and1-13
(e) Not make reference to any other candidate or to the qualifications,1-14
character or activities of any other candidate.1-15
3. The candidate must file the statement with the filing officer with1-16
whom he must file his declaration of candidacy or acceptance of2-1
candidacy on or before the date that his declaration of candidacy or2-2
acceptance of candidacy must be filed.2-3
4. A candidate may withdraw, but not change, his statement not laterthan 5 p.m. of the next working day after the date that his declaration of
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candidacy or acceptance of candidacy must be filed.5. The provisions of this section do not release a candidate from any
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criminal or civil liability for any information he includes in his2-6
statement.6. A statement may not be printed on a sample ballot unless:
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(a) The statement complies with the requirements set forth insubsection 2; and
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(b) The candidate has paid the fee required pursuant to section 3 of2-9
this act.Sec. 3.
1. Except as otherwise provided in subsection 3, the filing2-10
officer shall impose a fee for the inclusion of a statement preparedpursuant to section 2 of this act in the sample ballot in an amount not to
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exceed the lesser of:2-12
(a) The actual cost to produce the statement of the candidate; or(b) One thousand dollars for a statewide office or $400 for any other
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office.2. The fee must be paid to the filing officer by cash, cashier’s check
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or certified check.2-15
3. The filing officer shall not impose a fee pursuant to subsection 1upon a candidate for an office the holder of which receives no
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compensation.4. The county clerk shall pay to the county treasurer all fees received
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by him from candidates pursuant to this section. The county treasurer2-18
shall deposit the money to the credit of the general fund of the county.Sec. 4.
NRS 293.195 is hereby amended to read as follows: 293.195 1. Judicial offices, school offices, the office of countysheriff, the board of regents of the University of Nevada, city and town
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officers, the state board of education and members of boards of hospital2-21
trustees of public hospitals are hereby designated nonpartisan offices.2. No words designating the party affiliation of a candidate for
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nonpartisan3. No words designating the party affiliation of a candidate for
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nonpartisan office may be printed upon the sample ballot in a statement2-24
prepared pursuant to section 2 or 7 of this act.Sec. 5.
NRS 293.565 is hereby amended to read as follows: 293.565 1. Except as otherwise provided in subsection 2, sampleballots must include:
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(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,2-27
for each proposed constitutional amendment or statewide measure;2-28
(b) An explanation, as provided pursuant to NRS 218.443, of eachproposed constitutional amendment or statewide measure, including
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arguments for and against it;2-30
(c) The full text of each proposed constitutional amendment(d) Any statement prepared pursuant to section 2 of this act.
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2. Sample ballots that are mailed to registered voters may be printedwithout the full text of each proposed constitutional amendment if:
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(a) The cost of printing the sample ballots would be significantly2-33
reduced if the full text of each proposed constitutional amendment were notincluded;
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(b) The county clerk ensures that a sample ballot that includes the fulltext of each proposed constitutional amendment is provided at no charge to
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each registered voter who requests such a sample ballot; and2-36
(c) The sample ballots provided to each polling place include the fulltext of each proposed constitutional amendment.
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3. At least 10 days before any election, the county clerk shall cause tobe mailed to each registered voter in the county a sample ballot for his
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precinct with a notice informing the voter of the location of his polling2-39
place. If the location of the polling place has changed since the lastelection:
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(a) The county clerk shall mail a notice of the change to each registeredvoter in the county not sooner than 10 days before mailing the sample
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ballots; or2-42
(b) The sample ballot must also include a notice in at least 10-point boldtype immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
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HAS CHANGED SINCE THE LAST ELECTION4. The county clerk shall include in each sample ballot for a primary
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electioncandidates for those offices for which there is no opposition.
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5. The cost of mailing sample ballots for any election other than a2-46
primary or general election must be borne by the political subdivisionholding the election.
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Sec. 6. Chapter 293C of NRS is hereby amended by adding thereto theprovisions set forth as sections 7 and 8 of this act.
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Sec. 7. 1. Notwithstanding the provisions of NRS 293C.255, a2-49
candidate for an elective city office may prepare a statement forinclusion in the sample ballot on which the name of the candidate will
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appear.3-1
(a) Include the name, age and occupation of the candidate and a briefdescription of the education and qualifications of the candidate;
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(b) Be written on a form prescribed by the secretary of state pursuantto NRS 293.250;
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(c) Be authored by the candidate personally;3-4
(d) Be not more than 400 words in length; and(e) Not make reference to any other candidate or to the qualifications,
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character or activities of any other candidate.3. The candidate must file the statement with the city clerk on or
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before the date that his declaration of candidacy or acceptance of3-7
candidacy must be filed.4. A candidate may withdraw, but not change, a statement not later
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than 5 p.m. of the next working day after the date that his declaration ofcandidacy or acceptance of candidacy must be filed.
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5. The provisions of this section do not release a candidate from any3-10
criminal or civil liability for any information he includes in hisstatement.
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6. A statement may not be printed on a sample ballot unless:(a) The statement complies with the requirements set forth in
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subsection 2; and3-13
(b) The candidate has paid the fee required pursuant to section 8 ofthis act.
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Sec. 8. 1. Except as otherwise provided in subsection 3, the cityclerk shall impose a fee for the inclusion of a statement prepared
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pursuant to section 7 of this act in the sample ballot in an amount not to3-16
exceed the lesser of:(a) The actual cost to produce the statement of the candidate; or
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(b) Four hundred dollars.2. The fee must be paid to the city clerk by cash, cashier’s check or
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certified check.3-19
3. The city clerk shall not impose a fee pursuant to subsection 1 upona candidate for an office the holder of which receives no compensation.
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4. The fees collected by the city clerk pursuant to this section must bedeposited to the credit of the general fund of the city.
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Sec. 9. NRS 293C.530 is hereby amended to read as follows: 293C.530 1. At least 10 days before an election, the city clerk shallcause to be mailed to each registered voter in the city a sample ballot for
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his precinct with a notice informing the voter of the location of his pollingplace.
The sample ballot must include any statement prepared pursuant to section 7 of this act. If the 3-24 location of the polling place has changed3-25
since the last election:3-26
(a) The city clerk shall mail a notice of the change to each registeredvoter in the city not sooner than 10 days before mailing the sample ballots;
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or3-28
(b) The sample ballot must also include a notice in at least 10-point boldtype immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
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HAS CHANGED SINCE THE LAST ELECTION2. The city clerk shall include in each sample ballot for a primary city
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election, a separate page on which is printed a list of the offices andcandidates for those offices for which there is no opposition.
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3. The cost of mailing sample ballots for a city election must be borne3-32
by the city holding the election.Sec. 10. NRS 294A.320 is hereby amended to read as follows:
294A.320 1. Except as otherwise provided in subsection 2, it isunlawful for any person to publish any material or information relating to
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an election, candidate or any question on a ballot unless that material or3-35
information contains:(a) The name and mailing or street address of each person who has paid
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for or who is responsible for paying for the publication; and(b) A statement that each such person has paid for or is responsible for
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paying for the publication.3-38
2. The provisions of subsection 1 do not apply:(a) To any candidate or to the political party of that candidate which
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pays for or is responsible for paying for any billboard, sign or other form ofadvertisement which refers only to that candidate and in which the
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candidate’s name is prominently displayed.3-41
(b) If the material is expressly approved and paid for by the candidateand the cost of preparation and publishing has been reported by the
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candidate as a campaign contribution pursuant to NRS 294A.120.(c) To a natural person who acts independently and not in cooperation
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with or pursuant to any direction from a business or social organization,3-44
nongovernmental legal entity or governmental entity.(d) To a statement prepared pursuant to section 2 or 7 of this act.
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3. Any identification that complies with the requirements of theCommunications Act of 1934 and the regulations adopted pursuant to the
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act shall be deemed to comply with the requirements of this section.3-47
4. As used in this section:(a) "Material" means any printed or written matter or any photograph.
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(b) "Publish" means the act of:(1) Printing, posting, broadcasting, mailing or otherwise
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disseminating; or(2) Causing to be printed, posted, broadcasted, mailed or otherwise
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disseminated,any material or information to the public.
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