Assembly Bill No. 295–Committee on Elections,
Procedures, and Ethics
CHAPTER..........
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. Each county clerk is encouraged to:
1-10 1. 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
1-12 NRS 293.560, notify the public, through means designed to reach
1-13 members of the public who are elderly or disabled, of the provisions of
1-14 NRS 293.296, 293.313, subsection 1 of NRS 293.315, NRS 293.316 and
1-15 293.3165.
1-16 2. Provide in alternative audio and visual formats information
1-17 concerning elections, information concerning how to register to vote and
1-18 information concerning the manner of voting for use by a person who is
1-19 elderly or disabled, including, without limitation, providing such
1-20 information through a telecommunications device that is accessible to a
1-21 person who is deaf.
1-22 3. Not later than 5 working days after receiving the request of an
1-23 elderly or disabled person, provide to the person, in a format that can be
1-24 used by the person, any requested material that is:
1-25 (a) Related to elections; and
1-26 (b) Made available by the county clerk to the public in printed form.
1-27 Sec. 4. 1. Except as otherwise provided in subsection 2, at all times
1-28 during which a polling place is open, the polling place must:
1-29 (a) Be accessible to a voter who is elderly or disabled; and
1-30 (b) Have at least one voting booth that is:
1-31 (1) Designed to allow a voter in a wheelchair to vote;
1-32 (2) Designated for use by a voter who is elderly or disabled; and
1-33 (3) Equipped to allow a voter who is elderly or disabled to vote with
1-34 the same privacy as a voter who is not elderly or disabled.
2-1 2. A polling place that does not comply with the provisions of
2-2 subsection 1 may be used if necessary because of a natural disaster,
2-3 including, without limitation, an earthquake, flood, fire or storm.
2-4 3. At each polling place, the county clerk is encouraged to:
2-5 (a) Post in a conspicuous place, in at least 12-point type, instructions
2-6 for voting;
2-7 (b) Provide ballots in alternative audio and visual formats for use by a
2-8 voter who is elderly or disabled; and
2-9 (c) Provide, in alternative audio and visual formats for use by a voter
2-10 who is elderly or disabled, all materials that are:
2-11 (1) Related to the election; and
2-12 (2) Made available to a voter in printed form at the polling place.
2-13 Sec. 5. NRS 293.127 is hereby amended to read as follows:
2-14 293.127 This Title [shall] must be liberally construed to the end that
2-15 [all electors shall] :
2-16 1. All electors, including, without limitation, electors who are elderly
2-17 or disabled, have an opportunity to participate in elections and [that the] to
2-18 cast their votes privately;
2-19 2. An eligible voter with a physical or mental disability is not denied
2-20 the right to vote solely because of the physical or mental disability; and
2-21 3. The real will of the electors [may not be] is not defeated by any
2-22 informality or by failure substantially to comply with the provisions of this
2-23 Title with respect to the giving of any notice or the conducting of an
2-24 election or certifying the results thereof.
2-25 Sec. 6. NRS 293.272 is hereby amended to read as follows:
2-26 293.272 1. Except as otherwise provided in subsection 2, a person
2-27 who registered to vote pursuant to the provisions of NRS 293.5235, shall,
2-28 for the first election in which he votes at which that registration is valid,
2-29 vote in person unless he has previously voted in the county in which he is
2-30 registered to vote.
2-31 2. The provisions of subsection 1 do not apply to a person who:
2-32 (a) Is entitled to vote in the manner prescribed in NRS 293.343 to
2-33 293.355, inclusive;
2-34 (b) Is entitled to vote an absent ballot pursuant to federal law or NRS
2-35 293.316 or 293.3165;
2-36 (c) Is disabled;
2-37 (d) Submits or has previously submitted a written request for an absent
2-38 ballot that is signed by the registered voter before a notary public or other
2-39 person authorized to administer an oath; or
2-40 [(d)] (e) Requests an absent ballot in person at the office of the county
2-41 clerk.
2-42 Sec. 7. NRS 293.309 is hereby amended to read as follows:
2-43 293.309 1. The county clerk of each county shall prepare an absent
2-44 ballot for the use of registered voters who have requested absent ballots.
2-45 The county clerk shall make reasonable accommodations for the use of the
2-46 absent ballot by an elderly or disabled person, including, without
2-47 limitation, by providing, upon request, the absent ballot in 12-point type
2-48 to an elderly or disabled person.
2-49 2. The ballot must be prepared and ready for distribution to a
2-50 registered voter who:
3-1 (a) Resides within the state, not later than 20 days before the election in
3-2 which it is to be used; or
3-3 (b) Resides outside the state, not later than 40 days before a primary or
3-4 general election, if possible.
3-5 3. Any legal action which would prevent the ballot from being issued
3-6 pursuant to subsection 2 is moot and of no effect.
3-7 Sec. 8. NRS 293.504 is hereby amended to read as follows:
3-8 293.504 1. The following offices shall serve as voter registration
3-9 agencies:
3-10 (a) Such offices that provide public assistance as are designated by the
3-11 secretary of state;
3-12 (b) Each office that receives money from the State of Nevada to provide
3-13 services to persons in this state who are disabled;
3-14 (c) The offices of the motor vehicles branch of the department of motor
3-15 vehicles and public safety;
3-16 (d) The offices of the city and county clerks; and
3-17 (e) Such other offices as the secretary of state deems appropriate.
3-18 2. Each voter registration agency shall:
3-19 (a) Post in a conspicuous place, in at least 12-point type, instructions
3-20 for registering to vote;
3-21 (b) Make applications to register to vote which may be returned by mail
3-22 available to each person who applies for or receives services or assistance
3-23 from the agency;
3-24 [(b)] (c) Provide the same amount of assistance to an applicant in
3-25 completing an application to register to vote as the agency provides to a
3-26 person completing any other forms for the agency; and
3-27 [(c)] (d) Accept completed applications to register to vote.
3-28 3. Except as otherwise provided in this subsection and NRS 293.524,
3-29 any application to register to vote accepted by a voter registration agency
3-30 must be transmitted to the county clerk not later than 10 days after the
3-31 application is accepted. During the 2 weeks immediately preceding the
3-32 close of registration for an election, the applications must be forwarded
3-33 daily. The county clerk shall accept any application to register to vote
3-34 which is completed by the last day to register if he receives the application
3-35 not later than 5 days after the close of registration.
3-36 4. The secretary of state shall cooperate with the Secretary of Defense
3-37 to develop and carry out procedures to enable persons in this state to apply
3-38 to register to vote at recruitment offices of the United States Armed
3-39 Forces.
3-40 Sec. 9. NRS 293.520 is hereby amended to read as follows:
3-41 293.520 [The] Except as otherwise provided in this section, the
3-42 registration or reregistration of electors who are unable to sign their names
3-43 must be made upon personal application of those electors at the office of
3-44 the county clerk where they may be identified or in the presence of a field
3-45 registrar. If such an elector is unable to appear in person at the office of
3-46 the county clerk, the county clerk shall send a field registrar or an
3-47 employee of the office of the county clerk to the elector to identify the
3-48 elector and register or reregister the elector as appropriate. The electors
3-49 described in this section may use a mark or cross in place of a signature.
4-1 Sec. 10. NRS 293.565 is hereby amended to read as follows:
4-2 293.565 1. Except as otherwise provided in subsection 2, sample
4-3 ballots must include:
4-4 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
4-5 for each proposed constitutional amendment or statewide measure;
4-6 (b) An explanation, as provided pursuant to NRS 218.443, of each
4-7 proposed constitutioGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).nal amendment or statewide measure, including
4-8 arguments for and against it; and
4-9 (c) The full text of each proposed constitutional amendment.
4-10 2. Sample ballots that are mailed to registered voters may be printed
4-11 without the full text of each proposed constitutional amendment if:
4-12 (a) The cost of printing the sample ballots would be significantly
4-13 reduced if the full text of each proposed constitutional amendment were
4-14 not included;
4-15 (b) The county clerk ensures that a sample ballot that includes the full
4-16 text of each proposed constitutional amendment is provided at no charge
4-17 to each registered voter who requests such a sample ballot; and
4-18 (c) The sample ballots provided to each polling place include the full
4-19 text of each proposed constitutional amendment.
4-20 3. At least 10 days before any election, the county clerk shall cause to
4-21 be mailed to each registered voter in the county a sample ballot for his
4-22 precinct with a notice informing the voter of the location of his polling
4-23 place. If the location of the polling place has changed since the last
4-24 election:
4-25 (a) The county clerk shall mail a notice of the change to each registered
4-26 voter in the county not sooner than 10 days before mailing the sample
4-27 ballots; or
4-28 (b) The sample ballot must also include a notice in at least 10-point bold
4-29 type immediately above the location which states:
4-30 NOTICE: THE LOCATION OF YOUR POLLING PLACE
4-31 HAS CHANGED SINCE THE LAST ELECTION
4-32 4. The county clerk shall include in each sample ballot a statement
4-33 indicating that the county clerk will, upon request of a voter who is
4-34 elderly or disabled, make reasonable accommodations to allow the voter
4-35 to vote at his polling place and provide reasonable assistance to the voter
4-36 in casting his vote, including, without limitation, providing appropriate
4-37 materials to assist the voter.
4-38 5. The county clerk shall include in each sample ballot for a primary
4-39 election, a separate page on which is printed a list of the offices and
4-40 candidates for those offices for which there is no opposition.
4-41 [5.] 6. The cost of mailing sample ballots for any election other than a
4-42 primary or general election must be borne by the political subdivision
4-43 holding the election.
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. Each city clerk is encouraged to:
4-47 1. 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,
5-1 through means designed to reach members of the public who are elderly
5-2 or disabled, of the provisions of NRS 293C.282, 293C.310, subsection 1
5-3 of NRS 293C.312, NRS 293C.317 and 293C.318.
5-4 2. Provide in alternative audio and visual formats information
5-5 concerning elections, information concerning how to register to vote and
5-6 information concerning the manner of voting for use by a person who is
5-7 elderly or disabled, including, without limitation, providing such
5-8 information through a telecommunications device that is accessible to a
5-9 person who is deaf.
5-10 3. Not later than 5 working days after receiving the request of an
5-11 elderly or disabled person, provide to the person, in a format that can be
5-12 used by the person, any requested material that is:
5-13 (a) Related to elections; and
5-14 (b) Made available by the city clerk to the public in printed form.
5-15 Sec. 13. 1. Except as otherwise provided in subsection 2, at all
5-16 times during which a polling place is open, the polling place must:
5-17 (a) Be accessible to a voter who is elderly or disabled; and
5-18 (b) Have at least one voting booth that is:
5-19 (1) Designed to allow a voter in a sheelchair to vote;
5-20 (2) Designated for use by a voter who is elderly or disabled; and
5-21 (3) Equipped to allow a voter who is elderly or disabled to vote with
5-22 the same privacy as a voter who is not elderly or disabled.
5-23 2. A polling place that does not comply with the provisions of
5-24 subsection 1 may be used if necessary because of a natural disaster,
5-25 including, without limitation, an earthquake, flood, fire or storm.
5-26 3. At each polling place, the city clerk is encouraged to:
5-27 (a) Post in a conspicuous place, in at least 12-point type, instructions
5-28 for voting;
5-29 (b) Provide ballots in alternative audio and visual formats for use by a
5-30 voter who is elderly or disabled; and
5-31 (c) Provide, in alternative audio and visual formats for use by a voter
5-32 who is elderly or disabled, all materials that are:
5-33 (1) Related to the election; and
5-34 (2) Made available to a voter in printed form at the polling place.
5-35 Sec. 14. NRS 293C.265 is hereby amended to read as follows:
5-36 293C.265 1. Except as otherwise provided in subsection 2, a person
5-37 who registered to vote pursuant to the provisions of NRS 293.5235, shall,
5-38 for the first city election in which he votes at which that registration is
5-39 valid, vote in person unless he has previously voted in the county in which
5-40 he is registered to vote.
5-41 2. The provisions of subsection 1 do not apply to a person who:
5-42 (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to
5-43 293C.352, inclusive;
5-44 (b) Is entitled to vote an absent ballot pursuant to federal law or NRS
5-45 293C.317 or 293C.318;
5-46 (c) Is disabled;
5-47 (d) Submits or has previously submitted a written request for an absent
5-48 ballot that is signed by the registered voter before a notary public or other
5-49 person authorized to administer an oath; or
6-1 [(d)] (e) Requests an absent ballot in person at the office of the city
6-2 clerk.
6-3 Sec. 15. NRS 293C.305 is hereby amended to read as follows:
6-4 293C.305 1. The city clerk shall prepare an absent ballot for the use
6-5 of registered voters who have requested absent ballots. The city clerk shall
6-6 make reasonable accommodations for the use of the absent ballot by an
6-7 elderly or disabled person, including, without limitation, by providing,
6-8 upon request, the absent ballot in 12-point type to an elderly or disabled
6-9 person.
6-10 2. The ballot must be prepared and ready for distribution to a
6-11 registered voter who resides within or outside this state, not later than 20
6-12 days before the election in which it will be used.
6-13 3. Any legal action that would prevent the ballot from being issued
6-14 pursuant to subsection 2 is moot and of no effect.
6-15 Sec. 16. NRS 293C.530 is hereby amended to read as follows:
6-16 293C.530 1. At least 10 days before an election, the city clerk shall
6-17 cause to be mailed to each registered voter in the city a sample ballot for
6-18 his precinct with a notice informing the voter of the location of his polling
6-19 place. If the location of the polling place has changed since the last
6-20 election:
6-21 (a) The city clerk shall mail a notice of the change to each registered
6-22 voter in the city not sooner than 10 days before mailing the sample ballots;
6-23 or
6-24 (b) The sample ballot must also include a notice in at least 10-point bold
6-25 type immediately above the location which states:
6-26 NOTICE: THE LOCATION OF YOUR POLLING PLACE
6-27 HAS CHANGED SINCE THE LAST ELECTION
6-28 2. The city clerk shall include in each sample ballot a statement
6-29 indicating that the city clerk will, upon request of a voter who is elderly
6-30 or disabled, make reasonable accommodations to allow the voter to vote
6-31 at his polling place and provide reasonable assistance to the voter in
6-32 casting his vote, including, without limitation, providing appropriate
6-33 materials to assist the voter.
6-34 3. The city clerk shall include in each sample ballot for a primary city
6-35 election, a separate page on which is printed a list of the offices and
6-36 candidates for those offices for which there is no opposition.
6-37 [3.] 4. The cost of mailing sample ballots for a city election must be
6-38 borne by the city holding the election.
6-39 Sec. 17. For the purposes of subsection 2 of section 3 of this act, the
6-40 legislature encourages each county by July 1, 2003, to provide at least one
6-41 telecommunications device that is accessible to a person who is deaf.
6-42 20~~~~~01