Assembly Bill No. 295–Committee on Elections,
Procedures, and Ethics

 

(On Behalf of Assemblywoman Giunchigliani)

 

March 7, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing participation in elections by elderly and disabled persons. (BDR 24‑839)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§§ 3, 4, 12, 13)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to elections; providing that eligible voters who are elderly or disabled must not be denied the right to participate in elections and to vote privately and independently; requiring the secretary of state and each county and city clerk to provide certain information, instructions and materials, including ballots, in alternative formats that can be used by elderly or disabled persons; requiring all polling places to be accessible to and equipped for use by elderly and disabled voters; excepting disabled voters from certain requirements regarding the voting of absent ballots; requiring registration and voting instructions to be posted at certain locations; requiring absent ballots to be printed in at least 12-point type; 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, 3 and 4 of this act.

1-3    Sec. 2.  Not later than 5 working days after the request of an elderly

1-4  or disabled person, the secretary of state shall provide to the person, in a

1-5  format that can be used by the person, any requested material that is:

1-6    1.  Related to elections; and

1-7    2.  Made available by the secretary of state to the public in printed

1-8  form.

1-9    Sec. 3.  1.  Each county clerk shall:

1-10    (a) Not later than the earlier date of the notice provided pursuant to

1-11  NRS 293.203 or the first notice provided pursuant to subsection 3 of NRS

2-1  293.560, notify the public, through means designed to reach members of

2-2  the public who are elderly or disabled, of the provisions of NRS 293.296,

2-3  293.313, subsection 1 of NRS 293.315, NRS 293.316 and 293.3165.

2-4    (b) Provide instructions in alternative audio and visual formats on

2-5  how to register to vote for use by a person who is elderly or disabled,

2-6  including, without limitation, providing such instructions through a

2-7  telecommunications device that is accessible to a person who is deaf.

2-8    (c) Not later than 5 working days after receiving the request of an

2-9  elderly or disabled person, provide to the person, in a format that can be

2-10  used by the person, any requested material that is:

2-11      (1) Related to elections; and

2-12      (2) Made available by the county clerk to the public in printed form.

2-13    2.  The secretary of state shall adopt regulations to carry out the

2-14  provisions of this section.

2-15    Sec. 4.  1.  Except as otherwise provided in subsection 2, at all times

2-16  during which a polling place is open, the polling place must:

2-17    (a) Be accessible to a voter who is elderly or disabled; and

2-18    (b) Have at least one voting booth that is:

2-19      (1) At least 30 inches wide;

2-20      (2) Designed to allow a voter in a wheelchair to vote in the voting

2-21  booth;

2-22      (3) Designated for use by a voter who is elderly or disabled; and

2-23      (4) Equipped to allow a voter who is elderly or disabled to vote with

2-24  the same privacy and independence as a voter who is not elderly or

2-25  disabled.

2-26    2.  A polling place that does not comply with the provisions of

2-27  subsection 1 may be used if necessary because of a natural disaster,

2-28  including, without limitation, an earthquake, flood, fire or storm.

2-29    3.  At each polling place, the county clerk shall:

2-30    (a) Post in a conspicuous place, in at least 12-point type, instructions

2-31  for voting;

2-32    (b) Provide ballots in alternative audio and visual formats for use by a

2-33  voter who is elderly or disabled; and

2-34    (c) Provide, in alternative audio and visual formats for use by a voter

2-35  who is elderly or disabled, all materials that are:

2-36      (1) Related to elections; and

2-37      (2) Made available to a voter in printed form at the polling place.

2-38    Sec. 5.  NRS 293.127 is hereby amended to read as follows:

2-39    293.127  This Title [shall] must be liberally construed to the end that

2-40  [all electors shall] :

2-41    1.  All electors, including, without limitation, electors who are elderly

2-42  or disabled, have an opportunity to participate in elections and [that the] to

2-43  cast their votes privately and independently;

2-44    2.  An eligible voter with a physical or mental disability is not denied

2-45  the right to vote solely because of the physical or mental disability; and

2-46    3.  The real will of the electors [may not be] is not defeated by any

2-47  informality or by failure substantially to comply with the provisions of this

2-48  Title with respect to the giving of any notice or the conducting of an

2-49  election or certifying the results thereof.

3-1    Sec. 6.  NRS 293.272 is hereby amended to read as follows:

3-2    293.272  1.  Except as otherwise provided in subsection 2, a person

3-3  who registered to vote pursuant to the provisions of NRS 293.5235, shall,

3-4  for the first election in which he votes at which that registration is valid,

3-5  vote in person unless he has previously voted in the county in which he is

3-6  registered to vote.

3-7    2.  The provisions of subsection 1 do not apply to a person who:

3-8    (a) Is entitled to vote in the manner prescribed in NRS 293.343 to

3-9  293.355, inclusive;

3-10    (b) Is entitled to vote an absent ballot pursuant to federal law or NRS

3-11  293.316 or 293.3165;

3-12    (c) Is disabled;

3-13    (d) Submits or has previously submitted a written request for an absent

3-14  ballot that is signed by the registered voter before a notary public or other

3-15  person authorized to administer an oath; or

3-16    [(d)] (e) Requests an absent ballot in person at the office of the county

3-17  clerk.

3-18    Sec. 7.  NRS 293.296 is hereby amended to read as follows:

3-19    293.296  1.  Any registered voter who by reason of a physical

3-20  disability or an inability to read or write English is unable to mark a ballot

3-21  or use [any] a voting device without assistance is entitled to assistance

3-22  from a consenting person of his own choice, except:

3-23    (a) The voter’s employer or his agent; or

3-24    (b) An officer or agent of the voter’s labor organization.

3-25    2.  A person providing assistance pursuant to this section to a voter in

3-26  casting his vote shall not disclose any information with respect to the

3-27  casting of that ballot.

3-28    3.  The right to assistance in casting a ballot may not be denied or

3-29  impaired when the need for assistance is apparent or is known to the

3-30  election board or any member thereof, but the election board may require a

3-31  registered voter to sign a statement that he requires assistance in casting his

3-32  vote by reason of a physical disability or an inability to read or write

3-33  English when the need for assistance is not apparent or no member of the

3-34  election board has knowledge thereof. The statement must be executed

3-35  under penalty of perjury.

3-36    [4.  In addition to complying with the requirements of this section, the

3-37  county clerk and election board officer shall, upon the request of a

3-38  registered voter with a physical disability, make reasonable

3-39  accommodations to allow the voter to vote at his polling place.]

3-40    Sec. 8.  NRS 293.309 is hereby amended to read as follows:

3-41    293.309  1.  The county clerk of each county shall prepare an absent

3-42  ballot , in at least 12-point type, for the use of registered voters who have

3-43  requested absent ballots. The county clerk shall make reasonable

3-44  accommodations for the use of the absent ballot by an elderly or disabled

3-45  person.

3-46    2.  The ballot must be prepared and ready for distribution to a

3-47  registered voter who:

3-48    (a) Resides within the state, not later than 20 days before the election in

3-49  which it is to be used; or

4-1    (b) Resides outside the state, not later than 40 days before a primary or

4-2  general election, if possible.

4-3    3.  Any legal action which would prevent the ballot from being issued

4-4  pursuant to subsection 2 is moot and of no effect.

4-5    Sec. 9.  NRS 293.504 is hereby amended to read as follows:

4-6    293.504  1.  The following offices shall serve as voter registration

4-7  agencies:

4-8    (a) Such offices that provide public assistance as are designated by the

4-9  secretary of state;

4-10    (b) Each office that receives money from the State of Nevada to provide

4-11  services to persons in this state who are disabled;

4-12    (c) The offices of the motor vehicles branch of the department of motor

4-13  vehicles and public safety;

4-14    (d) The offices of the city and county clerks; and

4-15    (e) Such other offices as the secretary of state deems appropriate.

4-16    2.  Each voter registration agency shall:

4-17    (a) Post in a conspicuous place, in at least 12-point type, instructions

4-18  for registering to vote;

4-19    (b) Make applications to register to vote which may be returned by mail

4-20  available to each person who applies for or receives services or assistance

4-21  from the agency;

4-22    [(b)] (c) Provide the same amount of assistance to an applicant in

4-23  completing an application to register to vote as the agency provides to a

4-24  person completing any other forms for the agency; and

4-25    [(c)] (d) Accept completed applications to register to vote.

4-26    3.  Except as otherwise provided in this subsection and NRS 293.524,

4-27  any application to register to vote accepted by a voter registration agency

4-28  must be transmitted to the county clerk not later than 10 days after the

4-29  application is accepted. During the 2 weeks immediately preceding the

4-30  close of registration for an election, the applications must be forwarded

4-31  daily. The county clerk shall accept any application to register to vote

4-32  which is completed by the last day to register if he receives the application

4-33  not later than 5 days after the close of registration.

4-34    4.  The secretary of state shall cooperate with the Secretary of Defense

4-35  to develop and carry out procedures to enable persons in this state to apply

4-36  to register to vote at recruitment offices of the United States Armed Forces.

4-37    Sec. 10.  NRS 293.520 is hereby amended to read as follows:

4-38    293.520  The registration or reregistration of electors who are unable to

4-39  sign their names must be made [upon personal application of those electors

4-40  at the office of the county clerk where they may be identified or in the

4-41  presence of a field registrar. The] in the same manner as for electors who

4-42  are able to sign their names, except that such electors may use a mark or

4-43  cross in place of a signature.

4-44    Sec. 11.  Chapter 293C of NRS is hereby amended by adding thereto

4-45  the provisions set forth as sections 12 and 13 of this act.

4-46    Sec. 12.  1.  Each city clerk shall:

4-47    (a) Not later than the earlier date of the first notice provided pursuant

4-48  to subsection 3 of NRS 293.560 or NRS 293C.187, notify the public,

4-49  through means designed to reach members of the public who are elderly

5-1  or disabled, of the provisions of NRS 293C.282, 293C.310, subsection 1

5-2  of NRS 293C.312, NRS 293C.317 and 293C.318.

5-3    (b) Provide instructions in alternative audio and visual formats on

5-4  how to register to vote for use by a person who is elderly or disabled,

5-5  including, without limitation, providing such instructions through a

5-6  telecommunications device that is accessible to a person who is deaf.

5-7    (c) Not later than 5 working days after receiving the request of an

5-8  elderly or disabled person, provide to the person, in a format that can be

5-9  used by the person, any requested material that is:

5-10      (1) Related to elections; and

5-11      (2) Made available by the city clerk to the public in printed form.

5-12    2.  The secretary of state shall adopt regulations to carry out the

5-13  provisions of this section.

5-14    Sec. 13.  1.  Except as otherwise provided in subsection 2, at all

5-15  times during which a polling place is open, the polling place must:

5-16    (a) Be accessible to a voter who is elderly or disabled; and

5-17    (b) Have at least one voting booth that is:

5-18      (1) At least 30 inches wide;

5-19      (2) Designed to allow a voter in a wheelchair to vote in the voting

5-20  booth;

5-21      (3) Designated for use by a voter who is elderly or disabled; and

5-22      (4) Equipped to allow a voter who is elderly or disabled to vote with

5-23  the same privacy and independence as a voter who is not elderly or

5-24  disabled.

5-25    2.  A polling place that does not comply with the provisions of

5-26  subsection 1 may be used if necessary because of a natural disaster,

5-27  including, without limitation, an earthquake, flood, fire or storm.

5-28    3.  At each polling place, the city clerk shall:

5-29    (a) Post in a conspicuous place, in at least 12-point type, instructions

5-30  for voting;

5-31    (b) Provide ballots in alternative audio and visual formats for use by a

5-32  voter who is elderly or disabled; and

5-33    (c) Provide, in alternative audio and visual formats for use by a voter

5-34  who is elderly or disabled, all materials that are:

5-35      (1) Related to elections; and

5-36      (2) Made available to a voter in printed form at the polling place.

5-37    Sec. 14.  NRS 293C.265 is hereby amended to read as follows:

5-38    293C.265  1.  Except as otherwise provided in subsection 2, a person

5-39  who registered to vote pursuant to the provisions of NRS 293.5235, shall,

5-40  for the first city election in which he votes at which that registration is

5-41  valid, vote in person unless he has previously voted in the county in which

5-42  he is registered to vote.

5-43    2.  The provisions of subsection 1 do not apply to a person who:

5-44    (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to

5-45  293C.352, inclusive;

5-46    (b) Is entitled to vote an absent ballot pursuant to federal law or NRS

5-47  293C.317 or 293C.318;

5-48    (c) Is disabled;

6-1    (d) Submits or has previously submitted a written request for an absent

6-2  ballot that is signed by the registered voter before a notary public or other

6-3  person authorized to administer an oath; or

6-4    [(d)] (e) Requests an absent ballot in person at the office of the city

6-5  clerk.

6-6    Sec. 15.  NRS 293C.282 is hereby amended to read as follows:

6-7    293C.282  1.  Any registered voter who, because of a physical

6-8  disability or an inability to read or write English, is unable to mark a ballot

6-9  or use [any] a voting device without assistance is entitled to assistance

6-10  from a consenting person of his own choice, except:

6-11    (a) The voter’s employer or his agent; or

6-12    (b) An officer or agent of the voter’s labor organization.

6-13    2.  A person providing assistance pursuant to this section to a voter in

6-14  casting his vote shall not disclose any information with respect to the

6-15  casting of that ballot.

6-16    3.  The right to assistance in casting a ballot may not be denied or

6-17  impaired when the need for assistance is apparent or is known to the

6-18  election board or any member thereof, but the election board may require a

6-19  registered voter to sign a statement that he requires assistance in casting his

6-20  vote because of a physical disability or an inability to read or write English

6-21  when the need for assistance is not apparent or no member of the election

6-22  board has knowledge thereof. The statement must be executed under

6-23  penalty of perjury.

6-24    [4.  In addition to complying with the requirements of this section, the

6-25  city clerk and election board officer shall, upon the request of a registered

6-26  voter with a physical disability, make reasonable accommodations to allow

6-27  the voter at his polling place.]

6-28    Sec. 16.  NRS 293C.305 is hereby amended to read as follows:

6-29    293C.305  1.  The city clerk shall prepare an absent ballot , in at least

6-30  12-point type, for the use of registered voters who have requested absent

6-31  ballots. The city clerk shall make reasonable accommodations for the use

6-32  of the absent ballot by an elderly or disabled person.

6-33    2.  The ballot must be prepared and ready for distribution to a

6-34  registered voter who resides within or outside this state, not later than 20

6-35  days before the election in which it will be used.

6-36    3.  Any legal action that would prevent the ballot from being issued

6-37  pursuant to subsection 2 is moot and of no effect.

6-38    Sec. 17.  The provisions of subsection 1 of NRS 354.599 do not apply

6-39  to any additional expenses of a local government that are related to the

6-40  provisions of this act.

 

6-41  H