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 [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; 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:

1-1 Section 1. Chapter 293 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. Notwithstanding the provisions of NRS 293.256, a

1-4 candidate for elective office may prepare a statement for inclusion in the

1-5 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 brief

1-8 description of the education and qualifications of the candidate;

1-9 (b) Be written on a form prescribed by the secretary of state pursuant

1-10 to NRS 293.250;

1-11 (c) Be authored by the candidate personally;

1-12 (d) Be not more than 400 words in length; and

1-13 (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 with

1-16 whom he must file his declaration of candidacy or acceptance of

2-1 candidacy on or before the date that his declaration of candidacy or

2-2 acceptance of candidacy must be filed.

2-3 4. A candidate may withdraw, but not change, his statement not later

than 5 p.m. of the next working day after the date that his declaration of

2-4 candidacy or acceptance of candidacy must be filed.

5. The provisions of this section do not release a candidate from any

2-5 criminal or civil liability for any information he includes in his

2-6 statement.

6. A statement may not be printed on a sample ballot unless:

2-7 (a) The statement complies with the requirements set forth in

subsection 2; and

2-8 (b) The candidate has paid the fee required pursuant to section 3 of

2-9 this act.

Sec. 3. 1. Except as otherwise provided in subsection 3, the filing

2-10 officer shall impose a fee for the inclusion of a statement prepared

pursuant to section 2 of this act in the sample ballot in an amount not to

2-11 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

2-13 office.

2. The fee must be paid to the filing officer by cash, cashier’s check

2-14 or certified check.

2-15 3. The filing officer shall not impose a fee pursuant to subsection 1

upon a candidate for an office the holder of which receives no

2-16 compensation.

4. The county clerk shall pay to the county treasurer all fees received

2-17 by him from candidates pursuant to this section. The county treasurer

2-18 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:

2-19 293.195 1. Judicial offices, school offices, the office of county

sheriff, the board of regents of the University of Nevada, city and town

2-20 officers, the state board of education and members of boards of hospital

2-21 trustees of public hospitals are hereby designated nonpartisan offices.

2. No words designating the party affiliation of a candidate for

2-22 nonpartisan [offices] office may be printed upon the ballot.

3. No words designating the party affiliation of a candidate for

2-23 nonpartisan office may be printed upon the sample ballot in a statement

2-24 prepared pursuant to section 2 or 7 of this act.

Sec. 5. NRS 293.565 is hereby amended to read as follows:

2-25 293.565 1. Except as otherwise provided in subsection 2, sample

ballots must include:

2-26 (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 each

proposed constitutional amendment or statewide measure, including

2-29 arguments for and against it; [and]

2-30 (c) The full text of each proposed constitutional amendment [.] ; and

(d) Any statement prepared pursuant to section 2 of this act.

2-31 2. Sample ballots that are mailed to registered voters may be printed

without the full text of each proposed constitutional amendment if:

2-32 (a) The cost of printing the sample ballots would be significantly

2-33 reduced if the full text of each proposed constitutional amendment were not

included;

2-34 (b) The county clerk ensures that a sample ballot that includes the full

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

2-35 each registered voter who requests such a sample ballot; and

2-36 (c) The sample ballots provided to each polling place include the full

text of each proposed constitutional amendment.

2-37 3. At least 10 days before any election, the county clerk shall cause to

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

2-38 precinct with a notice informing the voter of the location of his polling

2-39 place. If the location of the polling place has changed since the last

election:

2-40 (a) The county clerk shall mail a notice of the change to each registered

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

2-41 ballots; or

2-42 (b) The sample ballot must also include a notice in at least 10-point bold

type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

2-43 HAS CHANGED SINCE THE LAST ELECTION

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

2-44 election [,] a separate page on which is printed a list of the offices and

candidates for those offices for which there is no opposition.

2-45 5. The cost of mailing sample ballots for any election other than a

2-46 primary or general election must be borne by the political subdivision

holding the election.

2-47 Sec. 6. Chapter 293C of NRS is hereby amended by adding thereto the

provisions set forth as sections 7 and 8 of this act.

2-48 Sec. 7. 1. Notwithstanding the provisions of NRS 293C.255, a

2-49 candidate for an elective city office may prepare a statement for

inclusion in the sample ballot on which the name of the candidate will

2-50 appear.

2. The statement must:

3-1 (a) Include the name, age and occupation of the candidate and a brief

description of the education and qualifications of the candidate;

3-2 (b) Be written on a form prescribed by the secretary of state pursuant

to NRS 293.250;

3-3 (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,

3-5 character or activities of any other candidate.

3. The candidate must file the statement with the city clerk on or

3-6 before the date that his declaration of candidacy or acceptance of

3-7 candidacy must be filed.

4. A candidate may withdraw, but not change, a statement not later

3-8 than 5 p.m. of the next working day after the date that his declaration of

candidacy or acceptance of candidacy must be filed.

3-9 5. The provisions of this section do not release a candidate from any

3-10 criminal or civil liability for any information he includes in his

statement.

3-11 6. A statement may not be printed on a sample ballot unless:

(a) The statement complies with the requirements set forth in

3-12 subsection 2; and

3-13 (b) The candidate has paid the fee required pursuant to section 8 of

this act.

3-14 Sec. 8. 1. Except as otherwise provided in subsection 3, the city

clerk shall impose a fee for the inclusion of a statement prepared

3-15 pursuant to section 7 of this act in the sample ballot in an amount not to

3-16 exceed the lesser of:

(a) The actual cost to produce the statement of the candidate; or

3-17 (b) Four hundred dollars.

2. The fee must be paid to the city clerk by cash, cashier’s check or

3-18 certified check.

3-19 3. The city clerk shall not impose a fee pursuant to subsection 1 upon

a candidate for an office the holder of which receives no compensation.

3-20 4. The fees collected by the city clerk pursuant to this section must be

deposited to the credit of the general fund of the city.

3-21 Sec. 9. NRS 293C.530 is hereby amended to read as follows:

3-22 293C.530 1. At least 10 days before an election, the city clerk shall

cause to be mailed to each registered voter in the city a sample ballot for

3-23 his precinct with a notice informing the voter of the location of his polling

place. 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 changed

3-25 since the last election:

3-26 (a) The city clerk shall mail a notice of the change to each registered

voter in the city not sooner than 10 days before mailing the sample ballots;

3-27 or

3-28 (b) The sample ballot must also include a notice in at least 10-point bold

type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

3-29 HAS CHANGED SINCE THE LAST ELECTION

2. The city clerk shall include in each sample ballot for a primary city

3-30 election, a separate page on which is printed a list of the offices and

candidates for those offices for which there is no opposition.

3-31 3. The cost of mailing sample ballots for a city election must be borne

3-32 by the city holding the election.

Sec. 10. NRS 294A.320 is hereby amended to read as follows:

3-33 294A.320 1. Except as otherwise provided in subsection 2, it is

unlawful for any person to publish any material or information relating to

3-34 an election, candidate or any question on a ballot unless that material or

3-35 information contains:

(a) The name and mailing or street address of each person who has paid

3-36 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

3-37 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

3-39 pays for or is responsible for paying for any billboard, sign or other form of

advertisement which refers only to that candidate and in which the

3-40 candidate’s name is prominently displayed.

3-41 (b) If the material is expressly approved and paid for by the candidate

and the cost of preparation and publishing has been reported by the

3-42 candidate as a campaign contribution pursuant to NRS 294A.120.

(c) To a natural person who acts independently and not in cooperation

3-43 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.

3-45 3. Any identification that complies with the requirements of the

Communications Act of 1934 and the regulations adopted pursuant to the

3-46 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.

3-48 (b) "Publish" means the act of:

(1) Printing, posting, broadcasting, mailing or otherwise

3-49 disseminating; or

(2) Causing to be printed, posted, broadcasted, mailed or otherwise

4-1 disseminated,

any material or information to the public.

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