(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 295
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.
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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).
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 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 2. Provide in alternative audio and visual formats information
2-5 concerning elections, information concerning how to register to vote and
2-6 information concerning the manner of voting for use by a person who is
2-7 elderly or disabled, including, without limitation, providing such
2-8 information through a telecommunications device that is accessible to a
2-9 person who is deaf.
2-10 3. Not later than 5 working days after receiving the request of an
2-11 elderly or disabled person, provide to the person, in a format that can be
2-12 used by the person, any requested material that is:
2-13 (a) Related to elections; and
2-14 (b) Made available by the county clerk to the public in printed form.
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) Designed to allow a voter in a wheelchair to vote;
2-20 (2) Designated for use by a voter who is elderly or disabled; and
2-21 (3) Equipped to allow a voter who is elderly or disabled to vote with
2-22 the same privacy as a voter who is not elderly or disabled.
2-23 2. A polling place that does not comply with the provisions of
2-24 subsection 1 may be used if necessary because of a natural disaster,
2-25 including, without limitation, an earthquake, flood, fire or storm.
2-26 3. At each polling place, the county clerk is encouraged to:
2-27 (a) Post in a conspicuous place, in at least 12-point type, instructions
2-28 for voting;
2-29 (b) Provide ballots in alternative audio and visual formats for use by a
2-30 voter who is elderly or disabled; and
2-31 (c) Provide, in alternative audio and visual formats for use by a voter
2-32 who is elderly or disabled, all materials that are:
2-33 (1) Related to the election; and
2-34 (2) Made available to a voter in printed form at the polling place.
2-35 Sec. 5. NRS 293.127 is hereby amended to read as follows:
2-36 293.127 This Title [shall] must be liberally construed to the end that
2-37 [all electors shall] :
2-38 1. All electors, including, without limitation, electors who are elderly
2-39 or disabled, have an opportunity to participate in elections and [that the] to
2-40 cast their votes privately;
2-41 2. An eligible voter with a physical or mental disability is not denied
2-42 the right to vote solely because of the physical or mental disability; and
2-43 3. The real will of the electors [may not be] is not defeated by any
2-44 informality or by failure substantially to comply with the provisions of this
2-45 Title with respect to the giving of any notice or the conducting of an
2-46 election or certifying the results thereof.
2-47 Sec. 6. NRS 293.272 is hereby amended to read as follows:
2-48 293.272 1. Except as otherwise provided in subsection 2, a person
2-49 who registered to vote pursuant to the provisions of NRS 293.5235, shall,
3-1 for the first election in which he votes at which that registration is valid,
3-2 vote in person unless he has previously voted in the county in which he is
3-3 registered to vote.
3-4 2. The provisions of subsection 1 do not apply to a person who:
3-5 (a) Is entitled to vote in the manner prescribed in NRS 293.343 to
3-6 293.355, inclusive;
3-7 (b) Is entitled to vote an absent ballot pursuant to federal law or NRS
3-8 293.316 or 293.3165;
3-9 (c) Is disabled;
3-10 (d) Submits or has previously submitted a written request for an absent
3-11 ballot that is signed by the registered voter before a notary public or other
3-12 person authorized to administer an oath; or
3-13 [(d)] (e) Requests an absent ballot in person at the office of the county
3-14 clerk.
3-15 Sec. 7. NRS 293.309 is hereby amended to read as follows:
3-16 293.309 1. The county clerk of each county shall prepare an absent
3-17 ballot for the use of registered voters who have requested absent ballots.
3-18 The county clerk shall make reasonable accommodations for the use of the
3-19 absent ballot by an elderly or disabled person, including, without
3-20 limitation, by providing, upon request, the absent ballot in 12-point type
3-21 to an elderly or disabled person.
3-22 2. The ballot must be prepared and ready for distribution to a
3-23 registered voter who:
3-24 (a) Resides within the state, not later than 20 days before the election in
3-25 which it is to be used; or
3-26 (b) Resides outside the state, not later than 40 days before a primary or
3-27 general election, if possible.
3-28 3. Any legal action which would prevent the ballot from being issued
3-29 pursuant to subsection 2 is moot and of no effect.
3-30 Sec. 8. NRS 293.504 is hereby amended to read as follows:
3-31 293.504 1. The following offices shall serve as voter registration
3-32 agencies:
3-33 (a) Such offices that provide public assistance as are designated by the
3-34 secretary of state;
3-35 (b) Each office that receives money from the State of Nevada to provide
3-36 services to persons in this state who are disabled;
3-37 (c) The offices of the motor vehicles branch of the department of motor
3-38 vehicles and public safety;
3-39 (d) The offices of the city and county clerks; and
3-40 (e) Such other offices as the secretary of state deems appropriate.
3-41 2. Each voter registration agency shall:
3-42 (a) Post in a conspicuous place, in at least 12-point type, instructions
3-43 for registering to vote;
3-44 (b) Make applications to register to vote which may be returned by mail
3-45 available to each person who applies for or receives services or assistance
3-46 from the agency;
3-47 [(b)] (c) Provide the same amount of assistance to an applicant in
3-48 completing an application to register to vote as the agency provides to a
3-49 person completing any other forms for the agency; and
4-1 [(c)] (d) Accept completed applications to register to vote.
4-2 3. Except as otherwise provided in this subsection and NRS 293.524,
4-3 any application to register to vote accepted by a voter registration agency
4-4 must be transmitted to the county clerk not later than 10 days after the
4-5 application is accepted. During the 2 weeks immediately preceding the
4-6 close of registration for an election, the applications must be forwarded
4-7 daily. The county clerk shall accept any application to register to vote
4-8 which is completed by the last day to register if he receives the application
4-9 not later than 5 days after the close of registration.
4-10 4. The secretary of state shall cooperate with the Secretary of Defense
4-11 to develop and carry out procedures to enable persons in this state to apply
4-12 to register to vote at recruitment offices of the United States Armed Forces.
4-13 Sec. 9. NRS 293.520 is hereby amended to read as follows:
4-14 293.520 [The] Except as otherwise provided in this section, the
4-15 registration or reregistration of electors who are unable to sign their names
4-16 must be made upon personal application of those electors at the office of
4-17 the county clerk where they may be identified or in the presence of a field
4-18 registrar. If such an elector is unable to appear in person at the office of
4-19 the county clerk, the county clerk shall send a field registrar or an
4-20 employee of the office of the county clerk to the elector to identify the
4-21 elector and register or reregister the elector as appropriate. The electors
4-22 described in this section may use a mark or cross in place of a signature.
4-23 Sec. 10. NRS 293.565 is hereby amended to read as follows:
4-24 293.565 1. Except as otherwise provided in subsection 2, sample
4-25 ballots must include:
4-26 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
4-27 for each proposed constitutional amendment or statewide measure;
4-28 (b) An explanation, as provided pursuant to NRS 218.443, of each
4-29 proposed constitutional amendment or statewide measure, including
4-30 arguments for and against it; and
4-31 (c) The full text of each proposed constitutional amendment.
4-32 2. Sample ballots that are mailed to registered voters may be printed
4-33 without the full text of each proposed constitutional amendment if:
4-34 (a) The cost of printing the sample ballots would be significantly
4-35 reduced if the full text of each proposed constitutional amendment were
4-36 not included;
4-37 (b) The county clerk ensures that a sample ballot that includes the full
4-38 text of each proposed constitutional amendment is provided at no charge to
4-39 each registered voter who requests such a sample ballot; and
4-40 (c) The sample ballots provided to each polling place include the full
4-41 text of each proposed constitutional amendment.
4-42 3. At least 10 days before any election, the county clerk shall cause to
4-43 be mailed to each registered voter in the county a sample ballot for his
4-44 precinct with a notice informing the voter of the location of his polling
4-45 place. If the location of the polling place has changed since the last
4-46 election:
4-47 (a) The county clerk shall mail a notice of the change to each registered
4-48 voter in the county not sooner than 10 days before mailing the sample
4-49 ballots; or
5-1 (b) The sample ballot must also include a notice in at least 10-point bold
5-2 type immediately above the location which states:
5-3 NOTICE: THE LOCATION OF YOUR POLLING PLACE
5-4 HAS CHANGED SINCE THE LAST ELECTION
5-5 4. The county clerk shall include in each sample ballot a statement
5-6 indicating that the county clerk will, upon request of a voter who is
5-7 elderly or disabled, make reasonable accommodations to allow the voter
5-8 to vote at his polling place and provide reasonable assistance to the voter
5-9 in casting his vote, including, without limitation, providing appropriate
5-10 materials to assist the voter.
5-11 5. The county clerk shall include in each sample ballot for a primary
5-12 election, a separate page on which is printed a list of the offices and
5-13 candidates for those offices for which there is no opposition.
5-14 [5.] 6. The cost of mailing sample ballots for any election other than a
5-15 primary or general election must be borne by the political subdivision
5-16 holding the election.
5-17 Sec. 11. Chapter 293C of NRS is hereby amended by adding thereto
5-18 the provisions set forth as sections 12 and 13 of this act.
5-19 Sec. 12. Each city clerk is encouraged to:
5-20 1. Not later than the earlier date of the first notice provided pursuant
5-21 to subsection 3 of NRS 293.560 or NRS 293C.187, notify the public,
5-22 through means designed to reach members of the public who are elderly
5-23 or disabled, of the provisions of NRS 293C.282, 293C.310, subsection 1
5-24 of NRS 293C.312, NRS 293C.317 and 293C.318.
5-25 2. Provide in alternative audio and visual formats information
5-26 concerning elections, information concerning how to register to vote and
5-27 information concerning the manner of voting for use by a person who is
5-28 elderly or disabled, including, without limitation, providing such
5-29 information through a telecommunications device that is accessible to a
5-30 person who is deaf.
5-31 3. Not later than 5 working days after receiving the request of an
5-32 elderly or disabled person, provide to the person, in a format that can be
5-33 used by the person, any requested material that is:
5-34 (a) Related to elections; and
5-35 (b) Made available by the city clerk to the public in printed form.
5-36 Sec. 13. 1. Except as otherwise provided in subsection 2, at all
5-37 times during which a polling place is open, the polling place must:
5-38 (a) Be accessible to a voter who is elderly or disabled; and
5-39 (b) Have at least one voting booth that is:
5-40 (1) Designed to allow a voter in a sheelchair to vote;
5-41 (2) Designated for use by a voter who is elderly or disabled; and
5-42 (3) Equipped to allow a voter who is elderly or disabled to vote with
5-43 the same privacy as a voter who is not elderly or disabled.
5-44 2. A polling place that does not comply with the provisions of
5-45 subsection 1 may be used if necessary because of a natural disaster,
5-46 including, without limitation, an earthquake, flood, fire or storm.
5-47 3. At each polling place, the city clerk is encouraged to:
6-1 (a) Post in a conspicuous place, in at least 12-point type, instructions
6-2 for voting;
6-3 (b) Provide ballots in alternative audio and visual formats for use by a
6-4 voter who is elderly or disabled; and
6-5 (c) Provide, in alternative audio and visual formats for use by a voter
6-6 who is elderly or disabled, all materials that are:
6-7 (1) Related to the election; and
6-8 (2) Made available to a voter in printed form at the polling place.
6-9 Sec. 14. NRS 293C.265 is hereby amended to read as follows:
6-10 293C.265 1. Except as otherwise provided in subsection 2, a person
6-11 who registered to vote pursuant to the provisions of NRS 293.5235, shall,
6-12 for the first city election in which he votes at which that registration is
6-13 valid, vote in person unless he has previously voted in the county in which
6-14 he is registered to vote.
6-15 2. The provisions of subsection 1 do not apply to a person who:
6-16 (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to
6-17 293C.352, inclusive;
6-18 (b) Is entitled to vote an absent ballot pursuant to federal law or NRS
6-19 293C.317 or 293C.318;
6-20 (c) Is disabled;
6-21 (d) Submits or has previously submitted a written request for an absent
6-22 ballot that is signed by the registered voter before a notary public or other
6-23 person authorized to administer an oath; or
6-24 [(d)] (e) Requests an absent ballot in person at the office of the city
6-25 clerk.
6-26 Sec. 15. NRS 293C.305 is hereby amended to read as follows:
6-27 293C.305 1. The city clerk shall prepare an absent ballot for the use
6-28 of registered voters who have requested absent ballots. The city clerk shall
6-29 make reasonable accommodations for the use of the absent ballot by an
6-30 elderly or disabled person, including, without limitation, by providing,
6-31 upon request, the absent ballot in 12-point type to an elderly or disabled
6-32 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. 16. NRS 293C.530 is hereby amended to read as follows:
6-39 293C.530 1. At least 10 days before an election, the city clerk shall
6-40 cause to be mailed to each registered voter in the city a sample ballot for
6-41 his precinct with a notice informing the voter of the location of his polling
6-42 place. If the location of the polling place has changed since the last
6-43 election:
6-44 (a) The city clerk shall mail a notice of the change to each registered
6-45 voter in the city not sooner than 10 days before mailing the sample ballots;
6-46 or
7-1 (b) The sample ballot must also include a notice in at least 10-point bold
7-2 type immediately above the location which states:
7-3 NOTICE: THE LOCATION OF YOUR POLLING PLACE
7-4 HAS CHANGED SINCE THE LAST ELECTION
7-5 2. The city clerk shall include in each sample ballot a statement
7-6 indicating that the city clerk will, upon request of a voter who is elderly
7-7 or disabled, make reasonable accommodations to allow the voter to vote
7-8 at his polling place and provide reasonable assistance to the voter in
7-9 casting his vote, including, without limitation, providing appropriate
7-10 materials to assist the voter.
7-11 3. The city clerk shall include in each sample ballot for a primary city
7-12 election, a separate page on which is printed a list of the offices and
7-13 candidates for those offices for which there is no opposition.
7-14 [3.] 4. The cost of mailing sample ballots for a city election must be
7-15 borne by the city holding the election.
7-16 Sec. 17. For the purposes of subsection 2 of section 3 of this act, the
7-17 legislature encourages each county by July 1, 2003, to provide at least one
7-18 telecommunications device that is accessible to a person who is deaf.
7-19 H