Assembly Bill No. 637–Committee on Elections,
Procedures, and Ethics

 

(On Behalf of County Fiscal Officers Association)

 

March 26, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes concerning elections. (BDR 24‑339)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

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

 

AN ACT relating to elections; revising the length of time a voter may remain in a voting booth; allowing a special election to be conducted as an election by mail; providing for a person without a street address to register to vote; repealing the requirement that checklists of voters be created for elections; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirement for posting lists of voters in each precinct on election day; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; revising the deadlines for submitting certain county and municipal petitions; prohibiting the removal of signatures from petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; 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 to 14, inclusive, of this act.

1-3    Sec. 2.  “Facsimile machine” means a device that sends or receives a

1-4  reproduction or facsimile of a document or photograph which is

1-5  transmitted electronically or telephonically by telecommunications lines.

1-6    Sec. 3.  1.  Except as otherwise provided in this section, a voter shall

1-7  not remain in a voting booth longer than the time allowed to vote. If a

2-1  voter remains in a voting booth longer than the time allowed to vote, the

2-2  election board may remove the voter from the voting booth.

2-3    2.  The time allowed to vote is the time determined by the county clerk

2-4  as appropriate for that election, but not less than 5 minutes. The county

2-5  clerk shall indicate in the sample ballot the time allowed to vote. If the

2-6  county clerk fails to indicate the time allowed to vote in the sample ballot,

2-7  the time allowed to vote shall be deemed to be 5 minutes.

2-8    3.  The election board may allow a voter to remain in a voting booth

2-9  longer than the time allowed to vote if the election board determines that:

2-10    (a) The voter requires more time to vote; and

2-11    (b) By remaining in the voting booth longer than the time allowed to

2-12  vote, the voter is not interfering with the conduct of the election.

2-13    Sec. 4.  A county clerk may designate a special election, including,

2-14  without limitation, a recall election, as an election by mail. If the county

2-15  clerk designates a special election as an election by mail, the special

2-16  election must be conducted in that county pursuant to the provisions of

2-17  sections 4 to 13, inclusive, of this act.

2-18    Sec. 5.  As used in sections 4 to 13, inclusive, of this act, “eligible

2-19  voter” means a registered voter who is otherwise eligible to vote in the

2-20  special election and who resides in the county in which the county clerk

2-21  designated the special election as an election by mail.

2-22    Sec. 6.  Not less than once each week for 2 consecutive weeks next

2-23  preceding the close of registration for the special election, the county

2-24  clerk shall cause to be published in a newspaper having a general

2-25  circulation in the county a notice indicating:

2-26    1.  The date and purpose of the special election;

2-27    2.  That the special election has been designated as an election by

2-28  mail in the county;

2-29    3.  The date of the close of registration for the special election;

2-30    4.  The date the voting materials, including, without limitation, the

2-31  ballot, will be mailed by the county clerk; and

2-32    5.  The dates upon which an eligible voter may appear at the office of

2-33  the county clerk to vote if the eligible voter has not received the voting

2-34  materials mailed by the county clerk.

2-35    Sec. 7.  1.  Not later than 2 weeks before the date of the special

2-36  election, the county clerk shall send by first-class mail to each eligible

2-37  voter, postage prepaid:

2-38    (a) Except as otherwise provided in paragraph (b):

2-39      (1) A ballot;

2-40      (2) A sample ballot;

2-41      (3) Supplies for marking the ballot;

2-42      (4) A device, which may be an envelope, into which the ballot is

2-43  inserted to ensure its secrecy;

2-44      (5) A return envelope with postage prepaid by first-class mail; and

2-45      (6) Instructions.

2-46    (b) In those counties using a mechanical voting system whereby a vote

2-47  is cast by punching a card:

2-48      (1) A ballot, which must be a card attached to a sheet of foam

2-49  plastic or similar backing material;

3-1       (2) A sample ballot;

3-2       (3) A punching instrument;

3-3       (4) A device, which may be an envelope, into which the ballot is

3-4  inserted to ensure its secrecy;

3-5       (5) A return envelope with postage prepaid by first-class mail; and

3-6       (6) Instructions.

3-7    2.  The instructions must include:

3-8    (a) The date and time by which the ballot must be received by the

3-9  county clerk for the ballot to be counted;

3-10    (b) A description of the proper method to:

3-11      (1) Mark or punch the ballot;

3-12      (2) Insert the ballot into the device to ensure its secrecy; and

3-13      (3) Seal the ballot in the return envelope; and

3-14    (c) A notice that if the return envelope is not signed by the voter, the

3-15  ballot will be rejected.

3-16    3.  The county clerk may include additional instructions and other

3-17  material to assist the voter.

3-18    Sec. 8.  1.  If an eligible voter receives the voting materials sent by

3-19  the county clerk pursuant to section 7 of this act, the eligible voter may

3-20  vote as provided in this section.

3-21    2.  After an eligible voter receives the voting materials, to effectively

3-22  cast his ballot:

3-23    (a) He must mark or punch the ballot, place the ballot in the device to

3-24  ensure its secrecy and seal the ballot in the return envelope, in

3-25  accordance with the instructions; and

3-26    (b) After sealing the ballot in the return envelope, the eligible voter

3-27  must affix his signature on the back of the return envelope in the space

3-28  provided therefor and:

3-29      (1) Mail the return envelope to the office of the county clerk;

3-30      (2) Deliver the return envelope to the office of the county clerk in

3-31  person; or

3-32      (3) Have the return envelope delivered to the office of the county

3-33  clerk by a person designated by the eligible voter.

3-34    3.  An eligible voter may take the voting materials he has received to

3-35  the office of the county clerk and perform the procedure described in

3-36  subsection 2 at the office of the county clerk.

3-37    Sec. 9.  1.  If an eligible voter does not receive the voting materials

3-38  sent by the county clerk pursuant to section 7 of this act, the eligible voter

3-39  may vote as provided in this section.

3-40    2.  During the period set forth in this section, the eligible voter may

3-41  appear at the office of the county clerk to request a ballot. The eligible

3-42  voter must be issued a ballot to vote if the eligible voter:

3-43    (a) Provides satisfactory identification; and

3-44    (b) Signs an affirmation under penalty of perjury on a form prepared

3-45  by the secretary of state declaring that the eligible voter has not voted

3-46  during the election.

3-47    3.  Upon receipt of a ballot pursuant to this section, the eligible voter

3-48  must mark or punch the ballot at the office of the county clerk and

3-49  return the ballot to the county clerk.

4-1    4.  During the period set forth in this section, the county clerk shall

4-2  provide a voting booth, with suitable equipment for voting, on the

4-3  premises of his office for use by an eligible voter issued a ballot pursuant

4-4  to this section.

4-5    5.  An eligible voter may vote pursuant to this section:

4-6    (a) From 8 a.m. until 6 p.m. during the 7 days next preceding the date

4-7  of the special election, excluding Saturdays, Sundays and holidays.

4-8    (b) From 8 a.m. until 7 p.m. on the date of the special election.

4-9    Sec. 10.  A ballot must be rejected if it is received by the county clerk

4-10  after 7 p.m. on the date of the special election.

4-11    Sec. 11.  1.  Except as otherwise provided in this section, until the

4-12  date of the special election, ballots received by the county clerk must be

4-13  secured in a ballot box in a location accessible only to the county clerk.

4-14    2.  Not earlier than the third day before the date of the special

4-15  election, the county clerk may prepare the ballots to be counted. To

4-16  prepare the ballots, the county clerk may:

4-17    (a) Remove the ballots from:

4-18      (1) The ballot box;

4-19      (2) The return envelopes, if any; and

4-20      (3) The devices to ensure their secrecy, if any;

4-21    (b) Count the number of ballots;

4-22    (c) Account for all ballots;

4-23    (d) Sort and stack the ballots;

4-24    (e) If the county uses a mechanical voting system, process the ballots

4-25  using a counting device or computer, provided that no reports of the

4-26  count may be printed before 7 p.m. on the date of the special election;

4-27  and

4-28    (f) Place the ballots in a container and seal the container.

4-29    3.  The county clerk shall allow members of the general public to

4-30  observe the preparation of the ballots pursuant to subsection 2 if those

4-31  members do not interfere with the preparation of the ballots.

4-32    Sec. 12.  After 7 p.m. on the date of the special election, the county

4-33  clerk shall follow the same procedure as in the case of a special election

4-34  that has not been designated as an election by mail.

4-35    Sec. 13.  The provisions of sections 4 to 13, inclusive, of this act:

4-36    1.  Apply only to the conduct of a special election within a county in

4-37  which the county clerk has designated the special election as an election

4-38  by mail.

4-39    2.  Do not authorize a person to vote in a special election if he is not

4-40  otherwise eligible to vote in the special election.

4-41    Sec. 14.  1.  Except as otherwise provided in subsection 2, for the

4-42  purposes of registering to vote, the address at which the voter actually

4-43  resides is the street address assigned to the location at which the voter

4-44  actually resides.

4-45    2.  For the purposes of registering to vote, if the voter does not reside

4-46  at a location that has been assigned a street address, the address at which

4-47  the voter actually resides is a description of the location at which the

4-48  voter actually resides. The description must identify the location with

5-1  sufficient specificity to allow the county clerk to assign the location to a

5-2  precinct.

5-3    3.  The provisions of this section do not authorize a person to register

5-4  to vote if he is not otherwise eligible to register to vote.

5-5    Sec. 15.  NRS 293.010 is hereby amended to read as follows:

5-6    293.010  As used in this Title, unless the context otherwise requires,

5-7  the words and terms defined in NRS 293.013 to 293.121, inclusive, and

5-8  section 2 of this act have the meanings ascribed to them in those sections.

5-9    Sec. 16.  NRS 293.040 is hereby amended to read as follows:

5-10    293.040  “Clerk” means the election board officer designated or

5-11  assigned to make the record of the election in the pollbook, tally list[,] and

5-12  challenge list [and checklist] in the precinct or district in which such officer

5-13  is appointed.

5-14    Sec. 17.  NRS 293.165 is hereby amended to read as follows:

5-15    293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy

5-16  occurring in a major or minor political party nomination for a partisan

5-17  office may be filled by a candidate designated by the party central

5-18  committee of the county or state, as the case may be, subject to the

5-19  provisions of subsections 4 and 5.

5-20    2.  A vacancy occurring in a nonpartisan nomination after the close of

5-21  filing and on or before the second Tuesday in August must be filled by

5-22  filing a nominating petition that is signed by registered voters of the state,

5-23  county, district or municipality who may vote for the office in question.

5-24  The number of registered voters who sign the petition must not be less than

5-25  1 percent of the number of persons who voted for the office in question in

5-26  the state, county, district or municipality at the last preceding general

5-27  election. The petition must be filed not earlier than the first Tuesday in

5-28  June and not later than the fourth Tuesday in August. The petition may

5-29  consist of more than one document. Each document must bear the name of

5-30  one county and must [not] be signed only by a person who is [not] a

5-31  registered voter of that county[.] and who may vote for the office in

5-32  question. Each document of the petition must be submitted for verification

5-33  pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of

5-34  the county named on the document. A candidate nominated pursuant to the

5-35  provisions of this subsection:

5-36    (a) Must file a declaration of candidacy or acceptance of candidacy and

5-37  pay the statutory filing fee on or before the date the petition is filed; and

5-38    (b) May be elected only at a general election and his name must not

5-39  appear on the ballot for a primary election.

5-40    3.  A vacancy occurring in a nonpartisan nomination after the second

5-41  Tuesday in August and on or before the second Tuesday in September must

5-42  be filled by the person who receives the next highest vote for the

5-43  nomination in the primary.

5-44    4.  No change may be made on the ballot after the second Tuesday in

5-45  September of the year in which the general election is held. If a nominee

5-46  dies after that date, his name must remain on the ballot and, if elected, a

5-47  vacancy exists.

5-48    5.  All designations provided for in this section must be filed before 5

5-49  p.m. on the second Tuesday in September. In each case, the statutory filing

6-1  fee must be paid and an acceptance of the designation must be filed before

6-2  5 p.m. on the date the designation is filed.

6-3    Sec. 18.  NRS 293.176 is hereby amended to read as follows:

6-4    293.176  1.  Except as otherwise provided in subsection 2, no person

6-5  may be a candidate of a major political party for partisan office in any

6-6  election if he has changed:

6-7    (a) The designation of his political party affiliation; or

6-8    (b) His designation of political party from nonpartisan to a designation

6-9  of a political party affiliation,

6-10  on an application to register to vote in the State of Nevada or in any other

6-11  state during the time beginning on September 1 preceding the closing filing

6-12  date for that election and ending on the date of that election whether or not

6-13  his previous registration was still effective at the time of the change in

6-14  party designation.

6-15    2.  The provisions of subsection 1 do not apply to any person who is a

6-16  candidate of a political party that was not qualified pursuant to NRS

6-17  293.171 on the September 1 next preceding the closing filing date for the

6-18  election.

6-19    Sec. 19.  NRS 293.251 is hereby amended to read as follows:

6-20    293.251  If a registrar of voters’ register or an election board register

6-21  is kept by computer, the register must include all the information contained

6-22  in the original applications to register to vote.

6-23    Sec. 20.  NRS 293.273 is hereby amended to read as follows:

6-24    293.273  1.  Except as otherwise provided in subsection 2 and NRS

6-25  293.305, at all elections held under the provisions of this Title, the polls

6-26  must open at 7 a.m. and close at 7 p.m.

6-27    2.  Whenever at any election all the votes of the precinct or district, as

6-28  shown on the [checklist and] roster, have been cast, the election board

6-29  officers shall close the polls, and the counting of votes must begin and

6-30  continue without unnecessary delay until the count is completed.

6-31    3.  Upon opening the polls , one of the election board officers shall

6-32  cause a proclamation to be made that all present may be aware of the fact

6-33  that applications of registered voters to vote will be received.

6-34    4.  No person other than election board officers engaged in receiving,

6-35  preparing or depositing ballots may be permitted inside the guardrail

6-36  during the time the polls are open, except by authority of the election board

6-37  as necessary to keep order and carry out the provisions of this Title.

6-38    Sec. 21.  NRS 293.301 is hereby amended to read as follows:

6-39    293.301  1.  [The] In a county whose population is 100,000 or more,

6-40  the county clerk [of each county] shall require an election board officer to

6-41  post an alphabetical listing of all registered voters for each precinct in a

6-42  public area of each polling place in the county. Except as otherwise

6-43  provided in NRS 293.558, the alphabetical listing must include the name,

6-44  address and political affiliation of each voter. Not less than [four] two

6-45  times during the hours in which the polling place is open, an election board

6-46  officer shall identify the name of each voter that voted since the last

6-47  identification.

6-48    2.  Each page of the alphabetical listing must contain a notice which

6-49  reads substantially as follows:

7-1     It is unlawful for any person to remove, tear, mark or otherwise

7-2  deface this alphabetical listing of registered voters except an election

7-3  board officer acting pursuant to subsection 1 of NRS 293.301.

 

7-4    3.  Any person who removes, tears, marks or otherwise defaces an

7-5  alphabetical listing posted pursuant to this section with the intent to falsify

7-6  or prevent others from readily ascertaining the name, address or political

7-7  affiliation of any voter, or the fact that a voter has or has not voted, is

7-8  guilty of a misdemeanor.

7-9    Sec. 22.  NRS 293.303 is hereby amended to read as follows:

7-10    293.303  1.  A person applying to vote may be challenged:

7-11    (a) Orally by any registered voter of the precinct or district upon the

7-12  ground that he is not the person entitled to vote as claimed or has voted

7-13  before at the same election; or

7-14    (b) On any ground set forth in a challenge filed with the county clerk

7-15  pursuant to the provisions of NRS 293.547.

7-16    2.  If a person is challenged, an election board officer shall tender the

7-17  challenged person the following oath or affirmation:

7-18    (a) If the challenge is on the ground that he does not belong to the

7-19  political party designated upon the register, “I swear or affirm under

7-20  penalty of perjury that I belong to the political party designated upon the

7-21  register”;

7-22    (b) If the challenge is on the ground that the register does not show that

7-23  he designated the political party to which he claims to belong, “I swear or

7-24  affirm under penalty of perjury that I designated on the application to

7-25  register to vote the political party to which I claim to belong”;

7-26    (c) If the challenge is on the ground that he does not reside at the

7-27  residence for which the address is listed in the election board register, “I

7-28  swear or affirm under penalty of perjury that I reside at the residence for

7-29  which the address is listed in the election board register”;

7-30    (d) If the challenge is on the ground that he previously voted a ballot for

7-31  the election, “I swear or affirm under penalty of perjury that I have not

7-32  voted for any of the candidates or questions included on this ballot for this

7-33  election”; or

7-34    (e) If the challenge is on the ground that he is not the person he claims

7-35  to be, “I swear or affirm under penalty of perjury that I am the person

7-36  whose name is in this election board register.”

7-37  The oath or affirmation must be set forth on a form prepared by the

7-38  secretary of state and signed by the challenged person under penalty of

7-39  perjury.

7-40    3.  Except as otherwise provided in subsection 4, if the challenged

7-41  person refuses to execute the oath or affirmation so tendered, he must not

7-42  be issued a ballot, and the officer in charge of the election board register

7-43  shall write the words “Challenged ................” opposite his name in the

7-44  election board register.

7-45    4.  If the challenged person refuses to execute the oath or affirmation

7-46  set forth in paragraph (a) or (b) of subsection 2, the election board officers

7-47  shall issue him a nonpartisan ballot.

8-1    5.  If the challenged person refuses to execute the oath or affirmation

8-2  set forth in paragraph (c) of subsection 2, the election board officers shall

8-3  inform him that he is entitled to vote only in the manner prescribed in NRS

8-4  293.304.

8-5    6.  If the challenged person executes the oath or affirmation and the

8-6  challenge is not based on the ground set forth in paragraph (e) of

8-7  subsection 2, the election board officers shall issue him a partisan ballot.

8-8    7.  If the challenge is based on the ground set forth in paragraph (c) of

8-9  subsection 2, and the challenged person executes the oath or affirmation,

8-10  the election board shall not issue the person a ballot until he furnishes

8-11  satisfactory identification which contains proof of the address at which he

8-12  actually resides.

8-13    8.  If the challenge is based on the ground set forth in paragraph (e) of

8-14  subsection 2 and the challenged person executes the oath or affirmation,

8-15  the election board shall not issue the person a ballot unless he:

8-16    (a) Furnishes official identification which contains a photograph of

8-17  himself, such as his driver’s license or other official document; or

8-18    (b) Brings before the election board officers a person who is at least 18

8-19  years [old] of age who:

8-20      (1) Furnishes official identification which contains a photograph of

8-21  himself, such as his driver’s license or other official document; and

8-22      (2) Executes an oath or affirmation under penalty of perjury that the

8-23  challenged person is who he swears he is.

8-24    9.  The election board officers shall record the name of the challenged

8-25  person and the result of the challenge on the challenge list . [, and the

8-26  election board officer in charge of the checklist shall indicate next to the

8-27  name of the challenged person the result of the challenge.]

8-28    Sec. 23.  NRS 293.3095 is hereby amended to read as follows:

8-29    293.3095  1.  A person who, during the 6 months immediately

8-30  preceding an election, [mails] distributes to more than a total of 500

8-31  registered voters a form to request an absent ballot for the election shall:

8-32    (a) [Mail] Distribute the form prescribed by the secretary of state,

8-33  which must, in 14-point type or larger:

8-34      (1) Identify the person who is [mailing] distributing the form;

8-35      (2) Include a notice stating, “This is a request for an absent ballot.”;

8-36  and

8-37      (3) State that by returning the form, the form will be submitted to the

8-38  county clerk;

8-39    (b) Not later than 14 days before [mailing] distributing such a form,

8-40  [notify] provide written notice to the county clerk of each county to which

8-41  a form will be [mailed] distributed of the number of forms to be [mailed]

8-42  distributed to voters in the county and the date of the [mailing] distribution

8-43  of the forms; and

8-44    (c) Not [mail] distribute such a form later than 21 days before the

8-45  election.

8-46    2.  The provisions of this section do not authorize a person to vote by

8-47  absent ballot if he is not otherwise eligible to vote by absent ballot.

 

 

9-1    Sec. 24.  NRS 293.313 is hereby amended to read as follows:

9-2    293.313  1.  Except as otherwise provided in NRS 293.272 and

9-3  293.502, a registered voter who provides sufficient written notice to the

9-4  county clerk[,] may vote an absent ballot as provided in this chapter.

9-5    2.  A registered voter who:

9-6    (a) Is at least 65 years [old;] of age; or

9-7    (b) Has a physical disability or condition which substantially impairs his

9-8  ability to go to the polling place,

9-9  may request an absent ballot for all elections held during the year he

9-10  requests an absent ballot. The registered voter must include in his request a

9-11  description of his physical disability or condition.

9-12    3.  As used in this section, “sufficient written notice” means a:

9-13    (a) Written request for an absent ballot which is signed by the registered

9-14  voter and returned to the county clerk in person or by mail[;] or facsimile

9-15  machine;

9-16    (b) Form prescribed by the secretary of state which is completed and

9-17  signed by the registered voter and returned to the county clerk in person or

9-18  by mail[;] or facsimile machine; or

9-19    (c) Form provided by the Federal Government.

9-20    4.  A county clerk shall consider a request from a voter who has given

9-21  sufficient written notice on a form provided by the Federal Government as

9-22  a request for both the primary and general elections unless otherwise

9-23  specified in the request.

9-24    5.  It is unlawful for a person fraudulently to request an absent ballot in

9-25  the name of another person or to induce or coerce another person

9-26  fraudulently to request an absent ballot in the name of another person. A

9-27  person who violates this subsection is guilty of a category E felony and

9-28  shall be punished as provided in NRS 193.130.

9-29    Sec. 25.  NRS 293.315 is hereby amended to read as follows:

9-30    293.315  1.  A registered voter referred to in NRS 293.313 may, at

9-31  any time before 5 p.m. on the [Tuesday] 10th calendar day preceding any

9-32  election, make an application to that clerk for an absent voter’s ballot. The

9-33  application must be made available for public inspection.

9-34    2.  When the voter has identified himself to the satisfaction of the clerk,

9-35  he is entitled to receive the appropriate ballot or ballots, but only for his

9-36  own use.

9-37    3.  A county clerk who allows a person to copy information from an

9-38  application for an absent ballot is immune from any civil or criminal

9-39  liability for any damage caused by the distribution of that information,

9-40  unless he knowingly and willingly allows a person who intends to use the

9-41  information to further an unlawful act to copy such information.

9-42    Sec. 26.  NRS 293.3157 is hereby amended to read as follows:

9-43    293.3157  1.  Any registered voter of this state who resides outside the

9-44  continental United States may use a facsimile machine to request an absent

9-45  ballot.

9-46    2.  The county clerk shall use a facsimile machine to send an absent

9-47  ballot to the registered voter.

9-48    3.  The registered voter shall mail his absent ballot to the county clerk.

10-1    4.  The secretary of state shall adopt regulations to carry out the

10-2  provisions of this section.

10-3    [5.  As used in this section, “facsimile machine” means a device which

10-4  sends or receives a reproduction or facsimile of a document or photograph

10-5  which is transmitted electronically or telephonically by

10-6  telecommunications lines.]

10-7    Sec. 27.  NRS 293.330 is hereby amended to read as follows:

10-8    293.330  1.  When an absent voter receives his ballot, he must mark

10-9  and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

10-10  punching a card, in accordance with the instructions, deposit it in the return

10-11  envelope, seal the envelope, affix his signature on the back of the envelope

10-12  in the space provided therefor and mail the return envelope.

10-13  2.  [If the] Except as otherwise provided in subsection 3, if an absent

10-14  voter who has [received] requested a ballot by mail applies to vote the

10-15  ballot in person at:

10-16  (a) The [county clerk’s office,] office of the county clerk, he must mark

10-17  or punch the ballot, seal it in the return envelope and affix his signature in

10-18  the same manner as provided in subsection 1, and deliver the envelope to

10-19  the clerk.

10-20  (b) A polling place, he must surrender the absent ballot and provide

10-21  satisfactory identification before being issued a ballot to vote at the polling

10-22  place. A person who receives a surrendered absent ballot shall mark it

10-23  “Canceled.”

10-24  3.  If an absent voter who has requested a ballot by mail applies to

10-25  vote in person at the office of the county clerk or a polling place and the

10-26  voter does not have the absent ballot to deliver or surrender, the voter

10-27  must be issued a ballot to vote if the voter:

10-28  (a) Provides satisfactory identification;

10-29  (b) Is a registered voter who is otherwise entitled to vote; and

10-30  (c) Signs an affirmation under penalty of perjury on a form prepared

10-31  by the secretary of state declaring that the voter has not voted during the

10-32  election.

10-33  4.  Except as otherwise provided in NRS 293.316, it is unlawful for any

10-34  person to return an absent ballot other than the voter who requested the

10-35  absent ballot or, at the request of the voter, a member of his family. A

10-36  person who returns an absent ballot and who is a member of the family of

10-37  the voter who requested the absent ballot shall, under penalty of perjury,

10-38  indicate on a form prescribed by the county clerk that he is a member of

10-39  the family of the voter who requested the absent ballot and that the voter

10-40  requested that he return the absent ballot. A person who violates the

10-41  provisions of this subsection is guilty of a category E felony and shall be

10-42  punished as provided in NRS 193.130.

10-43  Sec. 28.  NRS 293.373 is hereby amended to read as follows:

10-44  293.373  If paper ballots or ballots which are voted by punching a card

10-45  are used:

10-46  1.  After the tally lists have been completed, the [counting board

10-47  officers shall:

10-48  (a) File the voted ballots on a string, enclose and seal them in an

10-49  envelope marked “Election returns, voted ballots.”

11-1    (b) File the rejected ballots on a string, enclose and seal them in an

11-2  envelope marked “Election returns, rejected ballots.”

11-3    (c) Place one of the tally lists for regular ballots and one of the

11-4  pollbooks in an envelope marked “Election returns” and seal the envelope.

11-5    2.  The] voted ballots, rejected ballots, tally lists for regular ballots,

11-6  tally list for rejected ballots, challenge list, stubs of used ballots, spoiled

11-7  ballots and unused ballots must be sealed under cover by the counting

11-8  board officers and addressed to the county clerk.

11-9    [3.] 2. The other pollbooks, tally lists and election board register must

11-10  be returned to the county clerk.

11-11  Sec. 29.  NRS 293.391 is hereby amended to read as follows:

11-12  293.391  1.  The voted ballots, rejected ballots, spoiled ballots, [tally

11-13  lists, pollbooks,] challenge lists, voting receipts, records printed on paper

11-14  of voted ballots collected pursuant to NRS 293B.400 , and stubs of the

11-15  ballots used, enclosed and sealed, must, after canvass of the votes by the

11-16  board of county commissioners, be deposited in the vaults of the county

11-17  clerk . [, and] The tally lists and pollbooks collected pursuant to NRS

11-18  293B.400 must, after canvass of the votes by the board of county

11-19  commissioners, be deposited in the vaults of the county clerk without

11-20  being sealed. All materials described by this subsection must be preserved

11-21  for at least 22 months[. All such sealed materials must be] and destroyed

11-22  immediately after the preservation period. A notice of the destruction must

11-23  be published by the clerk in at least one newspaper of general circulation in

11-24  the county not less than 2 weeks before the destruction.

11-25  2.  Unused ballots, enclosed and sealed, must, after canvass of the votes

11-26  by the board of county commissioners, be deposited in the vaults of the

11-27  county clerk and preserved for at least the period during which the election

11-28  may be contested and adjudicated, after which the unused ballots may be

11-29  destroyed.

11-30  [2.] 3. The pollbooks containing the signatures of those persons who

11-31  voted in the election and the tally lists deposited with the board of county

11-32  commissioners are subject to the inspection of any elector who may wish to

11-33  examine them at any time after their deposit with the county clerk.

11-34  [3.] 4. A contestant of an election may inspect all of the material

11-35  regarding that election which is preserved pursuant to subsection 1[,] or 2,

11-36  except the voted ballots.

11-37  [4.] 5. The voted ballots deposited with the county clerk are not subject

11-38  to the inspection of anyone, except in cases of contested election, and then

11-39  only by the judge, body or board before whom the election is being

11-40  contested, or by the parties to the contest, jointly, pursuant to an order of

11-41  such judge, body or board.

11-42  Sec. 30.  NRS 293.507 is hereby amended to read as follows:

11-43  293.507  1.  The secretary of state shall prescribe:

11-44  (a) A standard form for applications to register to vote; and

11-45  (b) A special form for registration to be used in a county where

11-46  registrations are performed and records of registration are kept by

11-47  computer.

12-1    2.  The county clerks shall provide forms for applications to register to

12-2  vote to field registrars in the form and number prescribed by the secretary

12-3  of state.

12-4    3.  A form for an application to register to vote [must] may include a

12-5  duplicate copy marked as the receipt to be retained by the applicant upon

12-6  completion of the form.

12-7    4.  The form for an application to register to vote must include:

12-8    (a) A line for use by the county clerk to enter the number:

12-9      (1) Indicated on the voter’s social security card, driver’s license or

12-10  identification card issued by the department of motor vehicles and public

12-11  safety, or any other identification card issued by an agency of this state or

12-12  the Federal Government that contains:

12-13         (I) [A unique] An identifying number; and

12-14         (II) A photograph or physical description of the voter; or

12-15     (2) Issued to the voter pursuant to subsection 5.

12-16  (b) A line on which to enter the address at which the voter actually

12-17  resides[. The application must not be accepted if the address is listed as a

12-18  post office box unless a street address has not been assigned to his

12-19  residence.] , as set forth in section 14 of this act.

12-20  (c) A notice that the voter may not list [his address as] a business as the

12-21  address required pursuant to paragraph (b) unless he actually resides

12-22  there.

12-23  (d) A line on which to enter an address at which the voter may receive

12-24  mail, including, without limitation, a post office box or general delivery.

12-25  5.  If a voter does not:

12-26  (a) Possess any of the identification set forth in subparagraph (1) of

12-27  paragraph (a) of subsection 4; or

12-28  (b) Wish to provide to the county clerk the number indicated on that

12-29  identification,

12-30  the county clerk shall issue [a unique] an identification number to the

12-31  voter.

12-32  6.  The secretary of state shall adopt regulations to carry out the

12-33  provisions of subsections 4 and 5.

12-34  Sec. 31.  NRS 293.510 is hereby amended to read as follows:

12-35  293.510  1.  In counties where computers are not used to register

12-36  voters, the county clerk shall:

12-37  (a) Segregate original applications to register to vote according to the

12-38  precinct in which the registered voters reside and arrange the applications

12-39  in each precinct or district in alphabetical order. The applications for each

12-40  precinct or district must be kept in a separate binder which is marked with

12-41  the number of the precinct or district. This binder constitutes the election

12-42  board register.

12-43  (b) Arrange the duplicate applications of registration in alphabetical

12-44  order for the entire county and keep them in binders or a suitable file which

12-45  constitutes the registrar of voters’ register.

12-46  2.  In any county where a computer is used to register voters, the

12-47  county clerk shall:

12-48  (a) [Arrange] Retain the original applications to register to vote .

13-1    (b) Arrange the applications to register to vote in a computer file in

13-2  alphabetical order for the entire county , print a computer listing of those

13-3  applications to register to vote for the entire county and keep [them in

13-4  binders] the computer listing in a binder or a suitable file . [which] The

13-5  binder or suitable file constitutes the registrar of voters’ register.

13-6    [(b)] (c) Segregate the applications to register to vote in a computer file

13-7  according to the precinct or district in which the registered voters reside,

13-8  and for each precinct or district have printed a computer listing which

13-9  contains the applications to register to vote in alphabetical order. These

13-10  listings of applications to register to vote must be placed in separate

13-11  binders which are marked with the number of the precinct or district. These

13-12  binders constitute the election board registers.

13-13  Sec. 32.  NRS 293.5235 is hereby amended to read as follows:

13-14  293.5235  1.  Except as otherwise provided in NRS 293.502, a person

13-15  may register to vote by mailing an application to register to vote to the

13-16  county clerk of the county in which he resides. The county clerk shall,

13-17  upon request, mail an application to register to vote to an applicant. The

13-18  county clerk shall make the applications available at various public places

13-19  in the county. An application to register to vote may be used to correct

13-20  information in the registrar of voters’ register.

13-21  2.  An application to register to vote which is mailed to an applicant by

13-22  the county clerk or made available to the public at various locations or

13-23  voter registration agencies in the county may be returned to the county

13-24  clerk by mail or in person. For the purposes of this section, an application

13-25  which is personally delivered to the county clerk shall be deemed to have

13-26  been returned by mail.

13-27  3.  The applicant must complete and sign the application.

13-28  4.  The county clerk shall, upon receipt of an application, determine

13-29  whether the application is complete.

13-30  5.  If he determines that the application is complete, he shall, within 10

13-31  days after he receives the application, mail [a notice] to the applicant

13-32  [informing him that:

13-33  (a) He] :

13-34  (a) A notice informing him that he is registered to vote and a voter

13-35  registration card as required by subsection 6 of NRS 293.517; or

13-36  (b) [The] A notice informing him that the registrar of voters’ register

13-37  has been corrected to reflect any changes indicated on the application.

13-38  The applicant shall be deemed to be registered or to have corrected the

13-39  information in the register as of the date the application is postmarked[.]

13-40  or personally delivered.

13-41  6.  If the county clerk determines that the application is not complete,

13-42  he shall, as soon as possible, mail a notice to the applicant informing him

13-43  that additional information is required to complete the application. If the

13-44  applicant provides the information requested by the county clerk within 15

13-45  days after the county clerk mails the notice, the county clerk shall, within

13-46  10 days after he receives the information, mail [a notice] to the applicant

13-47  [informing him that:

13-48  (a) He] :

14-1    (a) A notice informing him that he is registered to vote and a voter

14-2  registration card as required by subsection 6 of NRS 293.517; or

14-3    (b) [The] A notice informing him that the registrar of voters’ register

14-4  has been corrected to reflect any changes indicated on the application.

14-5  The applicant shall be deemed to be registered or to have corrected the

14-6  information in the register as of the date the application is postmarked[.]

14-7  or personally delivered. If the applicant does not provide the additional

14-8  information within the prescribed period, the application is void.

14-9    7.  The secretary of state shall prescribe the form for an application to

14-10  register to vote by mail which must be used to register to vote by mail in

14-11  this state. The application to register to vote by mail must include a notice

14-12  in at least 10-point type which states:

 

14-13  NOTICE: You are urged to return your application to register to

14-14  vote to the County Clerk in person or by mail. If you choose to give

14-15  your completed application to another person to return to the

14-16  County Clerk on your behalf, and the person fails to deliver the

14-17  application to the County Clerk, you will not be registered to vote.

 

14-18  8.  The county clerk shall not register a person to vote pursuant to this

14-19  section unless that person has provided all of the information required by

14-20  the application.

14-21  9.  The county clerk shall mail, by postcard, the notices required

14-22  pursuant to subsections 5 and 6. If the postcard is returned to the county

14-23  clerk by the United States Postal Service because the address is fictitious or

14-24  the person does not live at that address, the county clerk shall attempt to

14-25  determine whether the person’s current residence is other than that

14-26  indicated on his application to register to vote in the manner set forth in

14-27  NRS 293.530.

14-28  10.  A person who, by mail, registers to vote pursuant to this section

14-29  may be assisted in completing the application to register to vote by any

14-30  other person. The application must include the mailing address and

14-31  signature of the person who assisted the applicant. The failure to provide

14-32  the information required by this subsection will not result in the application

14-33  being deemed incomplete.

14-34  11.  An application to register to vote must be made available to all

14-35  persons, regardless of political party affiliation.

14-36  12.  An application must not be altered or otherwise defaced after the

14-37  applicant has completed and signed it. An application must be mailed or

14-38  delivered in person to the [county clerk’s] office of the county clerk within

14-39  10 days after it is completed.

14-40  13.  A person who willfully violates any of the provisions of subsection

14-41  10, 11 or 12 is guilty of a category E felony and shall be punished as

14-42  provided in NRS 193.130.

14-43  14.  The secretary of state shall adopt regulations to carry out the

14-44  provisions of this section.

 

 

 

15-1    Sec. 33.  NRS 293.524 is hereby amended to read as follows:

15-2    293.524  1.  The department of motor vehicles and public safety shall

15-3  provide an application to register to vote to each person who applies for the

15-4  issuance or renewal of any type of driver’s license or for an identification

15-5  card.

15-6    2.  The county clerk shall use the applications to register to vote which

15-7  are signed and completed pursuant to subsection 1 to register applicants to

15-8  vote or to correct information in the registrar of voters’ register. An

15-9  application that is not signed must not be used to register or correct the

15-10  registration of the applicant.

15-11  3.  For the purposes of this section, each employee specifically

15-12  authorized to do so by the director of the department may oversee the

15-13  completion of an application. The authorized employee shall check the

15-14  application for completeness and verify the information required by the

15-15  application. Each application [must] may include a duplicate copy marked

15-16  as the receipt to be retained by the applicant upon completion of the form.

15-17  The department shall, except as otherwise provided in this subsection,

15-18  forward each application on a weekly basis to the county clerk or, if

15-19  applicable, to the registrar of voters of the county in which the applicant

15-20  resides. During the 2 weeks immediately preceding the close of registration

15-21  for an election , the applications must be forwarded daily.

15-22  4.  The county clerk shall accept any application to register to vote

15-23  which is completed by the last day to register if he receives the application

15-24  not later than 5 days after the close of registration. Upon receipt of an

15-25  application, the county clerk or field registrar of voters shall determine

15-26  whether the application is complete. If he determines that the application is

15-27  complete, he shall notify the applicant and the applicant shall be deemed to

15-28  be registered as of the date of the submission of the application. If he

15-29  determines that the application is not complete, he shall notify the applicant

15-30  of the additional information required. The applicant shall be deemed to be

15-31  registered as of the date of the initial submission of the application if the

15-32  additional information is provided within 15 days after the notice for the

15-33  additional information is mailed. If the applicant has not provided the

15-34  additional information within 15 days after the notice for the additional

15-35  information is mailed, the incomplete application is void. Any notification

15-36  required by this subsection must be given by mail at the mailing address on

15-37  the application not more than 7 working days after the determination is

15-38  made concerning whether the application is complete.

15-39  5.  The county clerk shall use any form submitted to the department to

15-40  correct information on a driver’s license or identification card to correct

15-41  information in the registrar of voters’ register, unless the person indicates

15-42  on the form that the correction is not to be used for the purposes of voter

15-43  registration. The department shall forward each such form to the county

15-44  clerk or, if applicable, to the registrar of voters of the county in which the

15-45  person resides in the same manner provided by subsection 3 for

15-46  applications to register to vote.

15-47  6.  Upon receipt of a form to correct information, the county clerk shall

15-48  compare the information to that contained in the registrar of voters’

15-49  register. If the person is a registered voter, the county clerk shall correct the

16-1  information to reflect any changes indicated on the form. After making any

16-2  changes, the county clerk shall notify the person by mail that his records

16-3  have been corrected.

16-4    7.  The secretary of state shall, with the approval of the director, adopt

16-5  regulations to:

16-6    (a) Establish any procedure necessary to provide an elector who applies

16-7  to register to vote pursuant to this section the opportunity to do so;

16-8    (b) Prescribe the contents of any forms or applications which the

16-9  department is required to distribute pursuant to this section; and

16-10  (c) Provide for the transfer of the completed applications of registration

16-11  from the department to the appropriate county clerk for inclusion in the

16-12  election board registers and registrar of voters’ register.

16-13  Sec. 34.  NRS 293.558 is hereby amended to read as follows:

16-14  293.558  1.  The county clerk shall not disclose the identification

16-15  number of a registered voter to the public, including, without limitation:

16-16  (a) In response to an inquiry received by the county clerk; or

16-17  (b) By inclusion on any list of registered voters made available for

16-18  public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290

16-19  or 293C.542.

16-20  2.  A registered voter may submit a written request to the county clerk

16-21  to have his address and telephone number withheld from the public. Upon

16-22  receipt of such a request, the county clerk shall not disclose the address

16-23  or telephone number of the registered voter to the public, including,

16-24  without limitation:

16-25  (a) In response to an inquiry received by the county clerk; or

16-26  (b) By inclusion on any list of registered voters made available for

16-27  public inspection pursuant to NRS 293.301, 293.440, 293.557 [and

16-28  293C.290.

16-29  2.  After the county clerk receives a request from a registered voter

16-30  pursuant to subsection 1, the person’s address must be withheld from any

16-31  such list.] , 293C.290 or 293C.542.

16-32  3.  No information other than the address , telephone number and

16-33  identification number of a registered voter may be withheld from [a list of

16-34  registered voters.] the public.

16-35  Sec. 35.  NRS 293.565 is hereby amended to read as follows:

16-36  293.565  1.  Except as otherwise provided in subsection 2, sample

16-37  ballots must include:

16-38  (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,

16-39  for each proposed constitutional amendment or statewide measure;

16-40  (b) An explanation, as provided pursuant to NRS 218.443, of each

16-41  proposed constitutional amendment or statewide measure, including

16-42  arguments for and against it; and

16-43  (c) The full text of each proposed constitutional amendment.

16-44  2.  Sample ballots that are mailed to registered voters may be printed

16-45  without the full text of each proposed constitutional amendment if:

16-46  (a) The cost of printing the sample ballots would be significantly

16-47  reduced if the full text of each proposed constitutional amendment were

16-48  not included;

17-1    (b) The county clerk ensures that a sample ballot that includes the full

17-2  text of each proposed constitutional amendment is provided at no charge to

17-3  each registered voter who requests such a sample ballot; and

17-4    (c) The sample ballots provided to each polling place include the full

17-5  text of each proposed constitutional amendment.

17-6    3.  At least 10 days before any election, the county clerk shall cause to

17-7  be mailed to each registered voter in the county a sample ballot for his

17-8  precinct with a notice informing the voter of the location of his polling

17-9  place[.] and the time allowed to vote as provided in section 3 of this act.

17-10  If the location of the polling place has changed since the last election:

17-11  (a) The county clerk shall mail a notice of the change to each registered

17-12  voter in the county not sooner than 10 days before mailing the sample

17-13  ballots; or

17-14  (b) The sample ballot must also include a notice in at least 10-point bold

17-15  type immediately above the location which states:

 

17-16  NOTICE: THE LOCATION OF YOUR POLLING PLACE

17-17  HAS CHANGED SINCE THE LAST ELECTION

 

17-18  4.  [The county clerk shall include in each sample ballot for a primary

17-19  election, a separate page on which is printed a list of the offices and

17-20  candidates for those offices for which there is no opposition.

17-21  5.] The cost of mailing sample ballots for any election other than a

17-22  primary or general election must be borne by the political subdivision

17-23  holding the election.

17-24  Sec. 36.  Chapter 293C of NRS is hereby amended by adding thereto

17-25  the provisions set forth as sections 37 to 47, inclusive, of this act.

17-26  Sec. 37.  1.  Except as otherwise provided in this section, a voter

17-27  shall not remain in a voting booth longer than the time allowed to vote. If

17-28  a voter remains in a voting booth longer than the time allowed to vote,

17-29  the election board may remove the voter from the voting booth.

17-30  2.  The time allowed to vote is the time determined by the city clerk as

17-31  appropriate for that election, but not less than 5 minutes. The city clerk

17-32  shall indicate in the sample ballot the time allowed to vote. If the city

17-33  clerk fails to indicate the time allowed to vote in the sample ballot, the

17-34  time allowed to vote shall be deemed to be 5 minutes.

17-35  3.  The election board may allow a voter to remain in a voting booth

17-36  longer than the time allowed to vote if the election board determines that:

17-37  (a) The voter requires more time to vote; and

17-38  (b) By remaining in the voting booth longer than the time allowed to

17-39  vote, the voter is not interfering with the conduct of the election.

17-40  Sec. 38.  A city clerk may designate a special election, including,

17-41  without limitation, a recall election, as an election by mail. If the city

17-42  clerk designates a special election as an election by mail, the special

17-43  election must be conducted in that city pursuant to the provisions of

17-44  sections 38 to 47, inclusive, of this act.

 

 

18-1    Sec. 39.  As used in sections 38 to 47, inclusive, of this act, “eligible

18-2  voter” means a registered voter who is otherwise eligible to vote in the

18-3  special election and who resides in the city in which the city clerk

18-4  designated the special election as an election by mail.

18-5    Sec. 40.  Not less than once each week for 2 consecutive weeks next

18-6  preceding the close of registration for the special election, the city clerk

18-7  shall cause to be published in a newspaper having a general circulation

18-8  in the city a notice indicating:

18-9    1.  The date and purpose of the special election;

18-10  2.  That the special election has been designated as an election by

18-11  mail in the city;

18-12  3.  The date of the close of registration for the special election;

18-13  4.  The date the voting materials, including, without limitation, the

18-14  ballot, will be mailed by the city clerk; and

18-15  5.  The dates upon which an eligible voter may appear at the office of

18-16  the city clerk to vote if the eligible voter has not received the voting

18-17  materials mailed by the city clerk.

18-18  Sec. 41.  1.  Not later than 2 weeks before the date of the special

18-19  election, the city clerk shall send by first-class mail to each eligible voter,

18-20  postage prepaid:

18-21  (a) Except as otherwise provided in paragraph (b):

18-22     (1) A ballot;

18-23     (2) A sample ballot;

18-24     (3) Supplies for marking the ballot;

18-25     (4) A device, which may be an envelope, into which the ballot is

18-26  inserted to ensure its secrecy;

18-27     (5) A return envelope with postage prepaid by first-class mail; and

18-28     (6) Instructions.

18-29  (b) In those cities using a mechanical voting system whereby a vote is

18-30  cast by punching a card:

18-31     (1) A ballot, which must be a card attached to a sheet of foam

18-32  plastic or similar backing material;

18-33     (2) A sample ballot;

18-34     (3) A punching instrument;

18-35     (4) A device, which may be an envelope, into which the ballot is

18-36  inserted to ensure its secrecy;

18-37     (5) A return envelope with postage prepaid by first-class mail; and

18-38     (6) Instructions.

18-39  2.  The instructions must include:

18-40  (a) The date and time by which the ballot must be received by the city

18-41  clerk for the ballot to be counted;

18-42  (b) A description of the proper method to:

18-43     (1) Mark or punch the ballot;

18-44     (2) Insert the ballot into the device to ensure its secrecy; and

18-45     (3) Seal the ballot in the return envelope; and

18-46  (c) A notice that if the return envelope is not signed by the voter, the

18-47  ballot will be rejected.

18-48  3.  The city clerk may include additional instructions and other

18-49  material to assist the voter.

19-1    Sec. 42.  1.  If an eligible voter receives the voting materials sent by

19-2  the city clerk pursuant to section 41 of this act, the eligible voter may vote

19-3  as provided in this section.

19-4    2.  After an eligible voter receives the voting materials, to effectively

19-5  cast his ballot:

19-6    (a) He must mark or punch the ballot, place the ballot in the device to

19-7  ensure its secrecy and seal the ballot in the return envelope, in

19-8  accordance with the instructions; and

19-9    (b) After sealing the ballot in the return envelope, the eligible voter

19-10  must affix his signature on the back of the return envelope in the space

19-11  provided therefor and:

19-12     (1) Mail the return envelope to the office of the city clerk;

19-13     (2) Deliver the return envelope to the office of the city clerk in

19-14  person; or

19-15     (3) Have the return envelope delivered to the office of the city clerk

19-16  by a person designated by the eligible voter.

19-17  3.  An eligible voter may take the voting materials he has received to

19-18  the office of the city clerk and perform the procedure described in

19-19  subsection 2 at the office of the city clerk.

19-20  Sec. 43.  1.  If an eligible voter does not receive the voting materials

19-21  sent by the city clerk pursuant to section 41 of this act, the eligible voter

19-22  may vote as provided in this section.

19-23  2.  During the period set forth in this section, the eligible voter may

19-24  appear at the office of the city clerk to request a ballot. The eligible voter

19-25  must be issued a ballot to vote if the eligible voter:

19-26  (a) Provides satisfactory identification; and

19-27  (b) Signs an affirmation under penalty of perjury on a form prepared

19-28  by the secretary of state declaring that the eligible voter has not voted

19-29  during the election.

19-30  3.  Upon receipt of a ballot pursuant to this section, the eligible voter

19-31  must mark or punch the ballot at the office of the city clerk and return

19-32  the ballot to the city clerk.

19-33  4.  During the period set forth in this section, the city clerk shall

19-34  provide a voting booth, with suitable equipment for voting, on the

19-35  premises of his office for use by an eligible voter issued a ballot pursuant

19-36  to this section.

19-37  5.  An eligible voter may vote pursuant to this section:

19-38  (a) From 8 a.m. until 6 p.m. during the 7 days next preceding the date

19-39  of the special election, excluding Saturdays, Sundays and holidays.

19-40  (b) From 8 a.m. until 7 p.m. on the date of the special election.

19-41  Sec. 44.  A ballot must be rejected if it is received by the city clerk

19-42  after 7 p.m. on the date of the special election.

19-43  Sec. 45.  1.  Except as otherwise provided in this section, until the

19-44  date of the special election, ballots received by the city clerk must be

19-45  secured in a ballot box in a location accessible only to the city clerk.

19-46  2.  Not earlier than the third day before the date of the special

19-47  election, the city clerk may prepare the ballots to be counted. To prepare

19-48  the ballots, the city clerk may:

19-49  (a) Remove the ballots from:

20-1      (1) The ballot box;

20-2      (2) The return envelopes, if any; and

20-3      (3) The devices to ensure their secrecy, if any;

20-4    (b) Count the number of ballots;

20-5    (c) Account for all ballots;

20-6    (d) Sort and stack the ballots;

20-7    (e) If the city uses a mechanical voting system, process the ballots

20-8  using a counting device or computer, provided that no reports of the

20-9  count may be printed before 7 p.m. on the date of the special election;

20-10  and

20-11  (f) Place the ballots in a container and seal the container.

20-12  3.  The city clerk shall allow members of the general public to observe

20-13  the preparation of the ballots pursuant to subsection 2 if those members

20-14  do not interfere with the preparation of the ballots.

20-15  Sec. 46.  After 7 p.m. on the date of the special election, the city clerk

20-16  shall follow the same procedure as in the case of a special election that

20-17  has not been designated as an election by mail.

20-18  Sec. 47.  The provisions of sections 38 to 47, inclusive, of this act:

20-19  1.  Apply only to the conduct of a special election within a city in

20-20  which the city clerk has designated the special election as an election by

20-21  mail.

20-22  2.  Do not authorize a person to vote in a special election if he is not

20-23  otherwise eligible to vote in the special election.

20-24  Sec. 48.  NRS 293C.267 is hereby amended to read as follows:

20-25  293C.267  1.  Except as otherwise provided in subsection 2 and NRS

20-26  293C.297, at all elections held pursuant to the provisions of this chapter,

20-27  the polls must open at 7 a.m. and close at 7 p.m.

20-28  2.  Whenever at any election all the votes of the precinct or district, as

20-29  shown on the [checklist and] roster, have been cast, the election board

20-30  officers shall close the polls and the counting of votes must begin and

20-31  continue without unnecessary delay until the count is completed.

20-32  3.  Upon opening the polls, one of the election board officers shall

20-33  cause a proclamation to be made so that all present may be aware of the

20-34  fact that applications of registered voters to vote will be received.

20-35  4.  No person other than election board officers engaged in receiving,

20-36  preparing or depositing ballots may be permitted inside the guardrail

20-37  during the time the polls are open, except by authority of the election board

20-38  as necessary to keep order and carry out the provisions of this chapter.

20-39  Sec. 49.  NRS 293C.290 is hereby amended to read as follows:

20-40  293C.290  1.  [The] In a city whose population is 150,000 or more,

20-41  the city clerk shall require an election board officer to post an alphabetical

20-42  listing of all registered voters for each precinct in a public area of each

20-43  polling place in the city. Except as otherwise provided in NRS 293.558, the

20-44  alphabetical listing must include the name and address of each voter. Not

20-45  less than [four] two times during the hours in which the polling place is

20-46  open, an election board officer shall identify the name of each voter who

20-47  voted since the last identification.

20-48  2.  Each page of the alphabetical listing must contain a notice which

20-49  reads substantially as follows:

 

21-1    It is unlawful for any person to remove, tear, mark or otherwise

21-2  deface this alphabetical listing of registered voters except an election

21-3  board officer acting pursuant to NRS 293C.290.

 

21-4    3.  Any person who removes, tears, marks or otherwise defaces an

21-5  alphabetical listing posted pursuant to this section with the intent to falsify

21-6  or prevent others from readily ascertaining the name or address of any

21-7  voter, or the fact that a voter has or has not voted, is guilty of a

21-8  misdemeanor.

21-9    Sec. 50.  NRS 293C.292 is hereby amended to read as follows:

21-10  293C.292  1.  A person applying to vote may be challenged:

21-11  (a) Orally by any registered voter of the precinct or district upon the

21-12  ground that he is not the person entitled to vote as claimed or has voted

21-13  before at the same election; or

21-14  (b) On any ground set forth in a challenge filed with the county clerk

21-15  pursuant to the provisions of NRS 293.547.

21-16  2.  If a person is challenged, an election board officer shall tender the

21-17  challenged person the following oath or affirmation:

21-18  (a) If the challenge is on the ground that he does not reside at the

21-19  residence for which the address is listed in the election board register, “I

21-20  swear or affirm under penalty of perjury that I reside at the residence for

21-21  which the address is listed in the election board register”;

21-22  (b) If the challenge is on the ground that he previously voted a ballot for

21-23  the election, “I swear or affirm under penalty of perjury that I have not

21-24  voted for any of the candidates or questions included on this ballot for this

21-25  election”; or

21-26  (c) If the challenge is on the ground that he is not the person he claims

21-27  to be, “I swear or affirm under penalty of perjury that I am the person

21-28  whose name is in this election board register.”

21-29  The oath or affirmation must be set forth on a form prepared by the

21-30  secretary of state and signed by the challenged person under penalty of

21-31  perjury.

21-32  3.  If the challenged person refuses to execute the oath or affirmation so

21-33  tendered, he must not be issued a ballot, and the officer in charge of the

21-34  election board register shall write the words “Challenged ................”

21-35  opposite his name in the election board register.

21-36  4.  If the challenged person refuses to execute the oath or affirmation

21-37  set forth in paragraph (a) of subsection 2, the election board officers shall

21-38  inform him that he is entitled to vote only in the manner prescribed in NRS

21-39  293C.295.

21-40  5.  If the challenged person executes the oath or affirmation and the

21-41  challenge is not based on the ground set forth in paragraph (c) of

21-42  subsection 2, the election board officers shall issue him a ballot.

21-43  6.  If the challenge is based on the ground set forth in paragraph (a) of

21-44  subsection 2, and the challenged person executes the oath or affirmation,

21-45  the election board shall not issue the person a ballot until he furnishes

21-46  satisfactory identification that contains proof of the address at which he

21-47  actually resides.

22-1    7.  If the challenge is based on the ground set forth in paragraph (c) of

22-2  subsection 2 and the challenged person executes the oath or affirmation,

22-3  the election board shall not issue the person a ballot unless he:

22-4    (a) Furnishes official identification which contains a photograph of

22-5  himself, such as his driver’s license or other official document; or

22-6    (b) Brings before the election board officers a person who is at least 18

22-7  years [old] of age who:

22-8      (1) Furnishes official identification which contains a photograph of

22-9  himself, such as his driver’s license or other official document; and

22-10     (2) Executes an oath or affirmation under penalty of perjury that the

22-11  challenged person is who he swears he is.

22-12  8.  The election board officers shall record the name of the challenged

22-13  person and the result of the challenge on the challenge list . [, and the

22-14  election board officer in charge of the checklist shall indicate next to the

22-15  name of the challenged person the result of the challenge.]

22-16  Sec. 51.  NRS 293C.306 is hereby amended to read as follows:

22-17  293C.306  1.  A person who, during the 6 months immediately

22-18  preceding an election, [mails] distributes to more than a total of 500

22-19  registered voters a form to request an absent ballot for the election shall:

22-20  (a) [Mail] Distribute the form prescribed by the secretary of state,

22-21  which must, in 14-point type or larger:

22-22     (1) Identify the person who is [mailing] distributing the form;

22-23     (2) Include a notice stating, “This is a request for an absent ballot.”;

22-24  and

22-25     (3) State that by returning the form , the form will be submitted to the

22-26  city clerk;

22-27  (b) Not later than 14 days before [mailing] distributing such a form,

22-28  [notify] provide written notice to the city clerk of each city to which a form

22-29  will be [mailed] distributed of the number of forms to be [mailed]

22-30  distributed to voters in the city and the date of the [mailing] distribution of

22-31  the forms; and

22-32  (c) Not [mail] distribute such a form later than 21 days before the

22-33  election.

22-34  2.  The provisions of this section do not authorize a person to vote by

22-35  absent ballot if he is not otherwise eligible to vote by absent ballot.

22-36  Sec. 52.  NRS 293C.310 is hereby amended to read as follows:

22-37  293C.310  1.  Except as otherwise provided in NRS 293.502 and

22-38  293C.265, a registered voter who provides sufficient written notice to the

22-39  city clerk[,] may vote an absent ballot as provided in this chapter.

22-40  2.  A registered voter who:

22-41  (a) Is at least 65 years [old;] of age; or

22-42  (b) Has a physical disability or condition that substantially impairs his

22-43  ability to go to the polling place,

22-44  may request an absent ballot for all elections held during the year he

22-45  requests an absent ballot. The registered voter must include in his request a

22-46  description of his physical disability or condition.

22-47  3.  As used in this section, “sufficient written notice” means a:

23-1    (a) Written request for an absent ballot that is signed by the registered

23-2  voter and returned to the city clerk in person or by mail[;] or facsimile

23-3  machine;

23-4    (b) Form prescribed by the secretary of state that is completed and

23-5  signed by the registered voter and returned to the city clerk in person or by

23-6  mail[;] or facsimile machine; or

23-7    (c) Form provided by the Federal Government.

23-8    4.  A city clerk shall consider a request from a voter who has given

23-9  sufficient written notice on a form provided by the Federal Government as

23-10  a request for the primary city election and the general city election unless

23-11  otherwise specified in the request.

23-12  5.  It is unlawful for a person fraudulently to request an absent ballot in

23-13  the name of another person or to induce or coerce another person

23-14  fraudulently to request an absent ballot in the name of another person. A

23-15  person who violates any provision of this subsection is guilty of a category

23-16  E felony and shall be punished as provided in NRS 193.130.

23-17  Sec. 53.  NRS 293C.312 is hereby amended to read as follows:

23-18  293C.312  1.  A registered voter referred to in NRS 293C.310 may, at

23-19  any time before 5 p.m. on the [Tuesday] 10th calendar day preceding any

23-20  election, make an application to the city clerk for an absent voter’s ballot.

23-21  The application must be made available for public inspection.

23-22  2.  When the voter has identified himself to the satisfaction of the city

23-23  clerk, he is entitled to receive the appropriate ballot or ballots, but only for

23-24  his own use.

23-25  3.  A city clerk who allows a person to copy information from an

23-26  application for an absent ballot is immune from any civil or criminal

23-27  liability for any damage caused by the distribution of that information,

23-28  unless he knowingly and willingly allows a person who intends to use the

23-29  information to further an unlawful act to copy the information.

23-30  Sec. 54.  NRS 293C.315 is hereby amended to read as follows:

23-31  293C.315  1.  Any registered voter of this state who resides outside

23-32  the continental United States may use a facsimile machine to request an

23-33  absent ballot.

23-34  2.  The city clerk shall use a facsimile machine to send an absent ballot

23-35  to the registered voter.

23-36  3.  The registered voter shall mail his absent ballot to the city clerk.

23-37  4.  The secretary of state shall adopt regulations to carry out the

23-38  provisions of this section.

23-39  [5.  As used in this section, “facsimile machine” means a device that

23-40  sends or receives a reproduction or facsimile of a document or photograph

23-41  which is transmitted electronically or telephonically by

23-42  telecommunications lines.]

23-43  Sec. 55.  NRS 293C.330 is hereby amended to read as follows:

23-44  293C.330  1.  When an absent voter receives his ballot, he must mark

23-45  and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

23-46  punching a card, in accordance with the instructions, deposit it in the return

23-47  envelope, seal the envelope, affix his signature on the back of the envelope

23-48  in the space provided therefor and mail the return envelope.

24-1    2.  [If the] Except as otherwise provided in subsection 3, if an absent

24-2  voter who has [received] requested a ballot by mail applies to vote the

24-3  ballot in person at:

24-4    (a) The [city clerk’s office,] office of the city clerk, he must mark or

24-5  punch the ballot, seal it in the return envelope and affix his signature in the

24-6  same manner as provided in subsection 1, and deliver the envelope to the

24-7  city clerk.

24-8    (b) A polling place, he must surrender the absent ballot and provide

24-9  satisfactory identification before being issued a ballot to vote at the polling

24-10  place. A person who receives a surrendered absent ballot shall mark it

24-11  “Canceled.”

24-12  3.  If an absent voter who has requested a ballot by mail applies to

24-13  vote in person at the office of the city clerk or a polling place and the

24-14  voter does not have the absent ballot to deliver or surrender, the voter

24-15  must be issued a ballot to vote if the voter:

24-16  (a) Provides satisfactory identification;

24-17  (b) Is a registered voter who is otherwise entitled to vote; and

24-18  (c) Signs an affirmation under penalty of perjury on a form prepared

24-19  by the secretary of state declaring that the voter has not voted during the

24-20  election.

24-21  4.  Except as otherwise provided in NRS 293C.317, it is unlawful for

24-22  any person to return an absent ballot other than the voter who requested the

24-23  absent ballot or, at the request of the voter, a member of his family. A

24-24  person who returns an absent ballot and who is a member of the family of

24-25  the voter who requested the absent ballot shall, under penalty of perjury,

24-26  indicate on a form prescribed by the city clerk that he is a member of the

24-27  family of the voter who requested the absent ballot and that the voter

24-28  requested that he return the absent ballot. A person who violates the

24-29  provisions of this subsection is guilty of a category E felony and shall be

24-30  punished as provided in NRS 193.130.

24-31  Sec. 56.  NRS 293C.375 is hereby amended to read as follows:

24-32  293C.375  If paper ballots or ballots which are voted by punching a

24-33  card are used:

24-34  1.  After the tally lists have been completed, the [counting board

24-35  officers shall:

24-36  (a) File the voted ballots on a string, enclose and seal them in an

24-37  envelope marked “Election returns, voted ballots.”

24-38  (b) File the rejected ballots on a string, enclose and seal them in an

24-39  envelope marked “Election returns, rejected ballots.”

24-40  (c) Place one of the tally lists for regular ballots and one of the

24-41  pollbooks in an envelope marked “Election returns” and seal the envelope.

24-42  2.  The] voted ballots, rejected ballots, tally lists for regular ballots,

24-43  tally list for rejected ballots, challenge list, stubs of used ballots, spoiled

24-44  ballots and unused ballots must be sealed under cover by the counting

24-45  board officers and addressed to the city clerk.

24-46  [3.] 2. The other pollbooks, tally lists and election board register must

24-47  be returned to the city clerk.

 

 

25-1    Sec. 57.  NRS 293C.390 is hereby amended to read as follows:

25-2    293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, [tally

25-3  lists, pollbooks,] challenge lists, voting receipts, records printed on paper

25-4  of voted ballots collected pursuant to NRS 293B.400 , and stubs of the

25-5  ballots used, enclosed and sealed , must, after canvass of the votes by the

25-6  governing body of the city, be deposited in the vaults of the city clerk .

25-7  [and] The tally lists and pollbooks collected pursuant to NRS 293B.400

25-8  must, after canvass of the votes by the governing body of the city, be

25-9  deposited in the vaults of the city clerk without being sealed. All materials

25-10  described by this subsection must be preserved for at least 22 months[. All

25-11  such sealed materials must be] and destroyed immediately after that

25-12  period. A notice of the destruction must be published by the city clerk in at

25-13  least one newspaper of general circulation in the city, or if no newspaper is

25-14  of general circulation in that city, in a newspaper of general circulation in

25-15  the nearest city, not less than 2 weeks before the destruction of the

25-16  materials.

25-17  2.  Unused ballots, enclosed and sealed, must, after canvass of the votes

25-18  by the governing body of the city, be deposited in the vaults of the city

25-19  clerk and preserved for at least the period during which the election may be

25-20  contested and adjudicated, after which the unused ballots may be

25-21  destroyed.

25-22  [2.] 3. The pollbooks containing the signatures of those persons who

25-23  voted in the election and the tally lists deposited with the governing body

25-24  of the city are subject to the inspection of any elector who may wish to

25-25  examine them at any time after their deposit with the city clerk.

25-26  [3.] 4. A contestant of an election may inspect all of the material

25-27  relating to that election which is preserved pursuant to subsection 1[,] or 2,

25-28  except the voted ballots.

25-29  [4.] 5. The voted ballots deposited with the city clerk are not subject to

25-30  the inspection of any person, except in a contested election, and only by the

25-31  judge, body or board before whom the election is being contested, or by the

25-32  parties to the contest, jointly, pursuant to an order of the judge, body or

25-33  board.

25-34  Sec. 58.  NRS 293C.530 is hereby amended to read as follows:

25-35  293C.530  1.  At least 10 days before an election, the city clerk shall

25-36  cause to be mailed to each registered voter in the city a sample ballot for

25-37  his precinct with a notice informing the voter of the location of his polling

25-38  place[.] and the time allowed to vote as provided in section 37 of this act.

25-39  If the location of the polling place has changed since the last election:

25-40  (a) The city clerk shall mail a notice of the change to each registered

25-41  voter in the city not sooner than 10 days before mailing the sample ballots;

25-42  or

25-43  (b) The sample ballot must also include a notice in at least 10-point bold

25-44  type immediately above the location which states:

 

25-45  NOTICE: THE LOCATION OF YOUR POLLING PLACE

25-46  HAS CHANGED SINCE THE LAST ELECTION

 

26-1    2.  [The city clerk shall include in each sample ballot for a primary city

26-2  election, a separate page on which is printed a list of the offices and

26-3  candidates for those offices for which there is no opposition.

26-4    3.] The cost of mailing sample ballots for a city election must be borne

26-5  by the city holding the election.

26-6    Sec. 59.  NRS 293C.540 is hereby amended to read as follows:

26-7    293C.540  Not later than 3 days before the day on which any regular or

26-8  special city election is held, the county clerk shall deliver to the city clerk

26-9  [:

26-10  1.  The] the official register for the city.

26-11  [2.  The checklists for each ward or voting district therein.]

26-12  Sec. 60.  Chapter 295 of NRS is hereby amended by adding thereto the

26-13  provisions set forth as sections 61 to 65, inclusive, of this act.

26-14  Sec. 61.  1.  Upon submission of a petition containing signatures

26-15  that are required to be verified pursuant to NRS 295.095, 295.140 or

26-16  295.205, the county or city clerk shall determine the total number of

26-17  signatures on the petition.

26-18  2.  If the county or city clerk finds that the total number of signatures

26-19  on the petition is:

26-20  (a) One hundred percent or more of the required number of

26-21  signatures of registered voters, the county or city clerk shall examine the

26-22  signatures for verification as provided in section 62 of this act.

26-23  (b) Less than 100 percent of the required number of signatures of

26-24  registered voters:

26-25     (1) The petition shall be deemed insufficient; and

26-26     (2) The county or city clerk shall not examine the signatures for

26-27  verification as provided in section 62 of this act.

26-28  Sec. 62.  1.  If the total number of signatures on the petition is 500

26-29  or less, the county or city clerk shall examine every signature on the

26-30  petition for verification.

26-31  2.  Except as otherwise provided in this subsection, if the total

26-32  number of signatures on the petition is more than 500, the county or city

26-33  clerk shall examine the signatures only by sampling them at random for

26-34  verification. The random sample of signatures to be verified must be

26-35  drawn in such a manner that every signature which has been submitted

26-36  to the county or city clerk is given an equal opportunity to be included in

26-37  the sample. The sample must include an examination of at least 500, or 5

26-38  percent, of the signatures, whichever is greater. If the examination of the

26-39  random sample shows that the number of valid signatures is less than 90

26-40  percent of the number of signatures of registered voters needed to certify

26-41  the petition sufficient, the petition must be certified insufficient pursuant

26-42  to subsection 5. If the examination of the random sample shows that the

26-43  number of valid signatures is 90 percent or more but less than 100

26-44  percent of the number of signatures of registered voters needed to certify

26-45  the petition sufficient, the county or city clerk shall continue to examine

26-46  the signatures for verification until he has:

26-47  (a) Determined that 100 percent of the number of signatures of

26-48  registered voters needed to certify the petition sufficient are valid; or

26-49  (b) Examined every signature for verification.

27-1    3.  In determining from the records of registration the number of

27-2  registered voters who have signed the petition, and in examining the

27-3  signatures on the petition for verification, the county or city clerk may

27-4  use any file or list of registered voters maintained by his office or

27-5  facsimiles of the signatures of voters. If the county or city clerk uses the

27-6  file of applications to register to vote, he shall ensure that every

27-7  application in the file is examined, including any application in his

27-8  possession which may not yet be entered into his records. The county or

27-9  city clerk may rely on the appearance of the signature, and the address

27-10  and date included with each signature, in making his determination.

27-11  Notwithstanding the provisions of this subsection, a petition must not be

27-12  certified insufficient for lack of the required number of valid signatures

27-13  if, in the absence of other proof of disqualification, any signature on the

27-14  face thereof does not exactly correspond with the signature appearing on

27-15  the file or list of registered voters used by the county or city clerk and the

27-16  identity of the signer can be ascertained from the face of the petition.

27-17  4.  If necessary, the board of county commissioners or the governing

27-18  body of the city shall allow the county or city clerk additional assistants

27-19  for examining the signatures and provide for their compensation.

27-20  5.  If, pursuant to the examination of signatures for verification as

27-21  required by this section, the number of valid signatures is:

27-22  (a) One hundred percent or more of the number of signatures of

27-23  registered voters needed to certify the petition sufficient, the petition must

27-24  be certified sufficient.

27-25  (b) Less than 100 percent of the number of signatures of registered

27-26  voters needed to certify the petition sufficient, the petition must be

27-27  certified insufficient.

27-28  Sec. 63.  1.  Upon the determination of the sufficiency or

27-29  insufficiency of the petition pursuant to section 61 or 62 of this act, the

27-30  county or city clerk shall:

27-31  (a) Attach a certificate to the petition indicating the date and the

27-32  sufficiency or insufficiency of the petition;

27-33  (b) If the petition is certified insufficient, specify the deficiencies in

27-34  the petition that render it insufficient;

27-35  (c) If the petition was submitted pursuant to NRS 295.095 or 295.205,

27-36  promptly send a copy of the certificate by registered or certified mail to

27-37  the petitioners’ committee;

27-38  (d) If the petition was submitted pursuant to NRS 295.140, promptly

27-39  send a copy of the certificate by registered or certified mail to the person

27-40  who submitted the petition; and

27-41  (e) Retain the petition and the original certificate at the office of the

27-42  county or city clerk.

27-43  2.  The petition shall be deemed filed with the county or city clerk as

27-44  of the date of the certificate showing the petition to be validly signed by

27-45  the number of registered voters needed to certify the petition sufficient.

27-46  Sec. 64.  After the submission of the petition to the county or city

27-47  clerk for verification pursuant to sections 61 to 65, inclusive, of this act,

27-48  the petition must not be handled by any person other than an employee of

28-1  the office of the county or city clerk until the county or city clerk has

28-2  attached a certificate to the petition pursuant to section 63 of this act.

28-3    Sec. 65.  The county or city clerk shall allow the person who

28-4  submitted the petition or a member of the petitioners’ committee, if any,

28-5  to witness:

28-6    1.  The determination of the total number of signatures on the

28-7  petition; and

28-8    2.  The examination of the signatures on the petition for verification.

28-9    Sec. 66.  NRS 295.055 is hereby amended to read as follows:

28-10  295.055  1.  The secretary of state shall by regulation specify:

28-11  (a) The format for the signatures on a petition for an initiative or

28-12  referendum and make free specimens of the format available upon request.

28-13  Each signature must be dated.

28-14  (b) The manner of fastening together several sheets circulated by one

28-15  person to constitute a single document.

28-16  2.  Each document of the petition must bear the name of a county, and

28-17  only registered voters of that county may sign the document.

28-18  3.  A person who signs a petition may not remove his name from [it by

28-19  transmitting his request in writing to the county clerk at any time before]

28-20  the petition . [is filed with the county clerk.]

28-21  Sec. 67.  NRS 295.095 is hereby amended to read as follows:

28-22  295.095  1.  Any five registered voters of the county may commence

28-23  initiative or referendum proceedings by filing with the county clerk an

28-24  affidavit stating they will constitute the petitioners’ committee and be

28-25  responsible for circulating the petition and filing it in proper form, stating

28-26  their names and addresses and specifying the address to which all notices

28-27  to the committee are to be sent, and setting out in full the proposed

28-28  initiative ordinance or citing the ordinance sought to be reconsidered.

28-29  2.  Initiative petitions must be signed by a number of registered voters

28-30  of the county equal to 15 percent or more of the number of voters who

28-31  voted at the last preceding general election in the county.

28-32  3.  Referendum petitions must be signed by a number of registered

28-33  voters of the county equal to 10 percent or more of the number of voters

28-34  who voted at the last preceding general election in the county.

28-35  4.  A petition must be [filed] submitted to the county clerk for

28-36  verification, pursuant to sections 61 to 65, inclusive, of this act, not later

28-37  than:

28-38  (a) One hundred and eighty days after the date that the affidavit required

28-39  by subsection 1 is filed with the county clerk; or

28-40  (b) One hundred and twenty-five days before the election,

28-41  whichever is earlier.

28-42  5.  A petition may consist of more than one document, but all

28-43  documents of a petition must be uniform in size and style, numbered and

28-44  assembled as one instrument for [filing.] submission. Each signature must

28-45  be executed in ink or indelible pencil and followed by the address of the

28-46  person signing and the date on which he signed the petition. All signatures

28-47  on a petition must be obtained within the period specified in paragraph (a)

28-48  of subsection 4. Each document must contain , or have attached thereto

29-1  throughout its circulation , the full text of the ordinance proposed or sought

29-2  to be reconsidered.

29-3    6.  Each document of a petition must have attached to it when [filed]

29-4  submitted an affidavit executed by the circulator thereof stating:

29-5    (a) That he personally circulated the document;

29-6    (b) The number of signatures thereon;

29-7    (c) That all the signatures were affixed in his presence;

29-8    (d) That he believes them to be genuine signatures of the persons whose

29-9  names they purport to be; and

29-10  (e) That each signer had an opportunity before signing to read the full

29-11  text of the ordinance proposed or sought to be reconsidered.

29-12  7.  The county clerk shall issue a receipt to any person who submits a

29-13  petition pursuant to this section. The receipt must set forth the number of:

29-14  (a) Documents included in the petition;

29-15  (b) Pages in each document; and

29-16  (c) Signatures that the person declares are included in the petition.

29-17  Sec. 68.  NRS 295.105 is hereby amended to read as follows:

29-18  295.105  1.  Within 20 days after the petition is [filed,] submitted to

29-19  the county clerk pursuant to NRS 295.095, the county clerk shall

29-20  complete a certificate as to its sufficiency . [, specifying, if it is insufficient,

29-21  the particulars wherein it is defective and shall promptly send a copy of the

29-22  certificate to the petitioners’ committee by registered or certified mail.

29-23  2.  A petition must not be certified insufficient for lack of the required

29-24  number of valid signatures if, in the absence of other proof of

29-25  disqualification, any signature on the face thereof does not exactly

29-26  correspond with the signature appearing on the official register of voters

29-27  and the identity of the signer can be ascertained from the face of the

29-28  petition.]

29-29  2.  A petition certified insufficient for lack of the required number of

29-30  valid signatures may be amended once if the petitioners’ committee files a

29-31  notice of intention to amend it with the county clerk within 2 days after

29-32  receiving the copy of his certificate and [files] submits to the county clerk

29-33  for verification, pursuant to sections 61 to 65, inclusive, of this act, a

29-34  supplementary petition upon additional papers within 10 days after

29-35  receiving the copy of the certificate. A supplementary petition must

29-36  comply with the requirements of subsections 5 and 6 of NRS 295.095, and

29-37  within 5 days after it is [filed] submitted, the county clerk shall complete a

29-38  certificate as to the sufficiency of the petition as amended . [and promptly

29-39  send a copy of the certificate to the petitioners’ committee by registered or

29-40  certified mail.]

29-41  3.  If a petition or amended petition is certified sufficient, or if a

29-42  petition or amended petition is certified insufficient and the petitioners’

29-43  committee does not elect to amend or request board review under

29-44  subsection 4 within the time required, the county clerk shall promptly

29-45  present his certificate to the board and the certificate is a final

29-46  determination as to the sufficiency of the petition.

29-47  4.  If a petition has been certified insufficient and the petitioners’

29-48  committee does not file notice of intention to amend it or if an amended

29-49  petition has been certified insufficient, the committee may, within 2 days

30-1  after receiving a copy of the certificate, file a request that it be reviewed by

30-2  the board. The board shall review the certificate at its next meeting

30-3  following the filing of the request and approve or disapprove it, and the

30-4  determination of the board is a final determination as to the sufficiency of

30-5  the petition.

30-6    5.  A final determination as to the sufficiency of a petition is subject to

30-7  [court] judicial review. A final determination of insufficiency, even if

30-8  sustained upon [court] judicial review, does not prejudice the filing of a

30-9  new petition for the same purpose.

30-10  Sec. 69.  NRS 295.115 is hereby amended to read as follows:

30-11  295.115  1.  When an initiative or referendum petition has been finally

30-12  determined sufficient, the board shall promptly consider the proposed

30-13  initiative ordinance in the manner provided by law for the consideration of

30-14  ordinances generally or reconsider the referred ordinance by voting its

30-15  repeal. If , within 30 days after the date the petition was finally

30-16  determined sufficient, the board fails to adopt [a] the proposed initiative

30-17  ordinance without any change in substance [within 60 days] or fails to

30-18  repeal the referred ordinance [within 30 days after the date the petition was

30-19  finally determined sufficient, it] , the board shall submit the proposed or

30-20  referred ordinance to the registered voters of the county.

30-21  2.  The vote of the county on [a] the proposed or referred ordinance

30-22  must be held at the next primary or general election. Copies of the

30-23  proposed or referred ordinance must be made available at the polls.

30-24  3.  An initiative or referendum petition may be withdrawn at any time

30-25  before the 30th day preceding the day scheduled for a vote of the county or

30-26  the deadline for placing questions on the ballot, whichever is earlier, by

30-27  filing with the county clerk a request for withdrawal signed by at least four

30-28  members of the petitioners’ original committee. Upon the filing of that

30-29  request, the petition has no further effect and all proceedings thereon must

30-30  be terminated.

30-31  Sec. 70.  NRS 295.140 is hereby amended to read as follows:

30-32  295.140  1.  Whenever 10 percent or more of the registered voters of

30-33  any county of this state, as shown by the number of registered voters who

30-34  voted at the last preceding general election, express their wish that any act

30-35  or resolution enacted by the legislature, and pertaining to that county only,

30-36  be submitted to the vote of the people, they shall [file with] submit to the

30-37  county clerk[, not less than 4 months before the time set for the next

30-38  succeeding general election,] a petition, which must contain the names and

30-39  residence addresses of at least 10 percent of the registered voters of that

30-40  county, demanding that a referendum vote be had by the people of the

30-41  county at the next primary or general election upon the act or resolution on

30-42  which the referendum is demanded.

30-43  2.  A petition must be submitted to the county clerk for verification,

30-44  pursuant to sections 61 to 65, inclusive, of this act, not later than 4

30-45  months before the time set for the next succeeding general election.

30-46  3.  A petition may consist of more than one document, but all

30-47  documents of a petition must be uniform in size and style, numbered and

30-48  assembled as one instrument for submission. Each signature must be

30-49  executed in ink or indelible pencil and followed by the address of the

31-1  person signing and the date on which he signed the petition. Each

31-2  document must contain, or have attached thereto throughout its

31-3  circulation, the full text of the act or resolution on which the referendum

31-4  is demanded.

31-5    4.  Each document of a petition must have attached to it when

31-6  submitted an affidavit executed by the circulator thereof stating:

31-7    (a) That he personally circulated the document;

31-8    (b) The number of signatures thereon;

31-9    (c) That all the signatures were affixed in his presence;

31-10  (d) That he believes them to be genuine signatures of the persons

31-11  whose names they purport to be; and

31-12  (e) That each signer had an opportunity before signing to read the full

31-13  text of the act or resolution on which the referendum is demanded.

31-14  5.  The county clerk shall issue a receipt to any person who submits a

31-15  petition pursuant to this section. The receipt must set forth the number

31-16  of:

31-17  (a) Documents included in the petition;

31-18  (b) Pages in each document; and

31-19  (c) Signatures that the person declares are included in the petition.

31-20  6.  Within 20 days after a petition is submitted, the county clerk shall

31-21  complete a certificate as to its sufficiency. Unless a request for review is

31-22  filed pursuant to subsection 7, the certificate is a final determination as

31-23  to the sufficiency of the petition.

31-24  7.  If a petition is certified insufficient, the person who submitted the

31-25  petition may, within 2 days after receiving a copy of the certificate, file a

31-26  request that it be reviewed by the board of county commissioners. The

31-27  board shall review the certificate at its next meeting following the filing

31-28  of the request and approve or disapprove it, and the determination of the

31-29  board is a final determination as to the sufficiency of the petition.

31-30  8.  A final determination as to the sufficiency of a petition is subject

31-31  to judicial review. A final determination of insufficiency, even if

31-32  sustained upon judicial review, does not prejudice the filing of a new

31-33  petition for the same purpose.

31-34  Sec. 71.  NRS 295.160 is hereby amended to read as follows:

31-35  295.160  1.  [The] If the petition is determined to be sufficient, the

31-36  county clerk shall [file the petition upon its receipt by him. At] , at the next

31-37  primary or general election , [he shall] submit the act or resolution, by

31-38  appropriate questions on the ballot, for the approval or disapproval of the

31-39  people of that county.

31-40  2.  The county clerk shall publish those questions in accordance with

31-41  the provisions of law requiring county clerks to publish questions and

31-42  proposed constitutional amendments which are to be submitted for popular

31-43  vote.

31-44  Sec. 72.  NRS 295.205 is hereby amended to read as follows:

31-45  295.205  1.  Any five registered voters of the city may commence

31-46  initiative or referendum proceedings by filing with the city clerk an

31-47  affidavit:

31-48  (a) Stating they will constitute the petitioners’ committee and be

31-49  responsible for circulating the petition and filing it in proper form;

32-1    (b) Stating their names and addresses;

32-2    (c) Specifying the address to which all notices to the committee are to

32-3  be sent; and

32-4    (d) Setting out in full the proposed initiative ordinance or citing the

32-5  ordinance sought to be reconsidered.

32-6    2.  Initiative petitions must be signed by a number of registered voters

32-7  of the city equal to 15 percent or more of the number of voters who voted

32-8  at the last preceding city election.

32-9    3.  Referendum petitions must be signed by a number of registered

32-10  voters of the city equal to 10 percent or more of the number of voters who

32-11  voted at the last preceding city election.

32-12  4.  A petition must be [filed] submitted to the city clerk for

32-13  verification, pursuant to sections 61 to 65, inclusive, of this act, not later

32-14  than:

32-15  (a) One hundred and eighty days after the date that the affidavit required

32-16  by subsection 1 is filed with the city clerk; or

32-17  (b) One hundred and twenty-five days before the election,

32-18  whichever is earlier.

32-19  5.  A petition may consist of more than one document, but all

32-20  documents of a petition must be uniform in size and style, numbered and

32-21  assembled as one instrument for [filing.] submission. Each signature must

32-22  be executed in ink or indelible pencil and followed by the address of the

32-23  person signing and the date on which he signed the petition. All signatures

32-24  on a petition must be obtained within the period specified in paragraph (a)

32-25  of subsection 4. Each document must contain , or have attached thereto

32-26  throughout its circulation , the full text of the ordinance proposed or sought

32-27  to be reconsidered.

32-28  6.  Each document of a petition must have attached to it when [filed]

32-29  submitted an affidavit executed by the circulator thereof stating:

32-30  (a) That he personally circulated the document;

32-31  (b) The number of signatures thereon;

32-32  (c) That all the signatures were affixed in his presence;

32-33  (d) That he believes them to be genuine signatures of the persons whose

32-34  names they purport to be; and

32-35  (e) That each signer had an opportunity before signing to read the full

32-36  text of the ordinance proposed or sought to be reconsidered.

32-37  7.  The city clerk shall issue a receipt to any person who submits a

32-38  petition pursuant to this section. The receipt must set forth the number of:

32-39  (a) Documents included in the petition;

32-40  (b) Pages in each document; and

32-41  (c) Signatures that the person declares are included in the petition.

32-42  Sec. 73.  NRS 295.210 is hereby amended to read as follows:

32-43  295.210  1.  Within 20 days after the petition is [filed,] submitted to

32-44  the city clerk pursuant to NRS 295.205, the city clerk shall [examine the

32-45  signatures thereon,] complete a certificate as to its sufficiency . [,

32-46  specifying, if it is insufficient, the particulars wherein it is defective and

32-47  shall promptly send a copy of the certificate to the petitioners’ committee

32-48  by registered or certified mail.

33-1    2.  If more than 500 names are signed on the documents filed with him,

33-2  the city clerk must examine the signatures by sampling them randomly for

33-3  verification. The random sample of signatures to be verified must be drawn

33-4  in such a manner that every signature which has been submitted to the city

33-5  clerk is given an equal opportunity to be included in the sample. The

33-6  sample must include an examination of at least 500 signatures or 5 percent

33-7  of the signatures, whichever is greater.

33-8    3.  A petition must not be certified insufficient for lack of the required

33-9  number of valid signatures if, in the absence of other proof of

33-10  disqualification, any signature on the face thereof does not exactly

33-11  correspond with the signature appearing on the official register of voters

33-12  and the identity of the signer can be ascertained from the face of the

33-13  petition.]

33-14  2.  A petition certified insufficient for lack of the required number of

33-15  valid signatures may be amended once if the petitioners’ committee files a

33-16  notice of intention to amend it with the city clerk within 2 days after

33-17  receiving the copy of his certificate and [files] submits to the city clerk for

33-18  verification, pursuant to sections 61 to 65, inclusive, of this act, a

33-19  supplementary petition upon additional papers within 10 days after

33-20  receiving the copy of the certificate. A supplementary petition must

33-21  comply with the requirements of subsections 5 and 6 of NRS 295.205, and

33-22  within 5 days after it is [filed] submitted, the city clerk shall complete a

33-23  certificate as to the sufficiency of the petition as amended . [and promptly

33-24  send a copy of the certificate to the petitioners’ committee by registered or

33-25  certified mail.

33-26  4.] 3. If a petition or amended petition is certified sufficient, or if a

33-27  petition or amended petition is certified insufficient and the petitioners’

33-28  committee does not elect to amend or request council review under

33-29  subsection [5] 4 within the time required, the city clerk must promptly

33-30  present his certificate to the council and the certificate is a final

33-31  determination as to the sufficiency of the petition.

33-32  [5.] 4. If a petition has been certified insufficient and the petitioners’

33-33  committee does not file notice of intention to amend it or if an amended

33-34  petition has been certified insufficient, the committee may, within 2 days

33-35  after receiving the copy of the certificate, file a request that it be reviewed

33-36  by the council. The council shall review the certificate at its next meeting

33-37  following the filing of the request and approve or disapprove it, and the

33-38  council’s determination is a final determination as to the sufficiency of the

33-39  petition.

33-40  [6.] 5. A final determination as to the sufficiency of a petition is

33-41  subject to [court] judicial review. A final determination of insufficiency,

33-42  even if sustained upon [court] judicial review, does not prejudice the filing

33-43  of a new petition for the same purpose.

33-44  Sec. 74.  NRS 295.215 is hereby amended to read as follows:

33-45  295.215  1.  When an initiative or referendum petition has been finally

33-46  determined sufficient, the council shall promptly consider the proposed

33-47  initiative ordinance in the manner provided by law for the consideration of

33-48  ordinances generally or reconsider the referred ordinance by voting its

33-49  repeal. If , within 30 days after the date the petition was finally

34-1  determined sufficient, the council fails to adopt [a] the proposed initiative

34-2  ordinance without any change in substance [within 60 days] or fails to

34-3  repeal the referred ordinance [within 30 days after the date the petition was

34-4  finally determined sufficient, it] , the council shall submit the proposed or

34-5  referred ordinance to the registered voters of the city.

34-6    2.  The vote of the city on [a] the proposed or referred ordinance must

34-7  be held at the next primary or general city election or primary or general

34-8  election. Copies of the proposed or referred ordinance must be made

34-9  available at the polls.

34-10  3.  An initiative or referendum petition may be withdrawn at any time

34-11  before the 30th day preceding the day scheduled for a vote of the city or

34-12  the deadline for placing questions on the ballot, whichever is earlier, by

34-13  filing with the city clerk a request for withdrawal signed by at least four

34-14  members of the petitioners’ original committee. Upon the filing of that

34-15  request the petition has no further effect and all proceedings thereon must

34-16  be terminated.

34-17  Sec. 75.  NRS 306.015 is hereby amended to read as follows:

34-18  306.015  1.  Before a petition to recall a public officer is circulated,

34-19  the persons proposing to circulate the petition must file a notice of intent

34-20  with the filing officer.

34-21  2.  The notice of intent:

34-22  (a) Must be signed by three registered voters who actually voted in this

34-23  state or in the county, district or municipality electing the officer at the last

34-24  preceding general election.

34-25  (b) Must be signed before a person authorized by law to administer

34-26  oaths that the statements and signatures contained in the notice are true.

34-27  (c) Is valid until the date on which the call for a special election is

34-28  issued, as set forth in NRS 306.040.

34-29  3.  The petition may consist of more than one document. The persons

34-30  filing the notice of intent shall submit the petition that was circulated for

34-31  signatures to the filing officer within 60 days after the date on which the

34-32  notice of intent was filed. The filing officer shall immediately submit the

34-33  petition to the county clerk for verification pursuant to NRS 306.035. Any

34-34  person who fails to [file] submit the petition to the filing officer as

34-35  required by this subsection is guilty of a misdemeanor. Copies of the

34-36  petition are not valid for any subsequent petition.

34-37  4.  The county clerk shall, upon completing the verification of the

34-38  signatures on the petition, file the petition with the filing officer.

34-39  5.  [Any] A person who signs a petition to recall [any] a public officer

34-40  may not remove his name from the petition . [by submitting a request in

34-41  writing to the county clerk at any time before the petition is submitted for

34-42  the verification of the signatures thereon pursuant to NRS 306.035.]

34-43  6.  A person who signs a notice of intent pursuant to subsection 1 or a

34-44  petition to recall a public officer is immune from civil liability for conduct

34-45  related to the exercise of his right to participate in the recall of a public

34-46  officer.

34-47  7.  As used in this section, “filing officer” means the officer with whom

34-48  the public officer to be recalled filed his declaration of candidacy or

34-49  acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

35-1    Sec. 76.  NRS 306.040 is hereby amended to read as follows:

35-2    306.040  1.  Upon determining that the number of signatures on a

35-3  petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,

35-4  inclusive, the secretary of state shall notify the county clerk, the officer

35-5  with whom the petition is to be filed pursuant to subsection 4 of NRS

35-6  306.015 and the public officer who is the subject of the petition.

35-7    2.  [After the verification of signatures is complete, but not later than

35-8  the date a complaint is filed pursuant to subsection 5 or the date the call for

35-9  a special election is issued, whichever is earlier, a] A person who signs a

35-10  petition to recall may [request the secretary of state to strike his name from

35-11  the petition. If the person demonstrates good cause therefor, the secretary

35-12  of state shall strike] not remove his name from the petition.

35-13  3.  Not sooner than 10 days nor more than 20 days after the secretary of

35-14  state completes the notification required by subsection 1, if a complaint is

35-15  not filed pursuant to subsection 5, the officer with whom the petition is

35-16  filed shall issue a call for a special election in the jurisdiction in which the

35-17  public officer who is the subject of the petition was elected to determine

35-18  whether the people will recall him.

35-19  4.  The call for a special election pursuant to subsection 3 or 6 must

35-20  include, without limitation:

35-21  (a) The last day on which a person may register to vote to qualify to

35-22  vote in the special election; and

35-23  (b) The last day on which a petition to nominate other candidates for the

35-24  office may be filed.

35-25  5.  The legal sufficiency of the petition may be challenged by filing a

35-26  complaint in district court not later than 5 days, Saturdays, Sundays and

35-27  holidays excluded, after the secretary of state completes the notification

35-28  required by subsection 1. All affidavits and documents in support of the

35-29  challenge must be filed with the complaint. The court shall set the matter

35-30  for hearing not later than 30 days after the complaint is filed and shall give

35-31  priority to such a complaint over all other matters pending with the court,

35-32  except for criminal proceedings.

35-33  6.  Upon the conclusion of the hearing, if the court determines that the

35-34  petition is sufficient, it shall order the officer with whom the petition is

35-35  filed to issue a call for a special election in the jurisdiction in which the

35-36  public officer who is the subject of the petition was elected to determine

35-37  whether the people will recall him. If the court determines that the petition

35-38  is not sufficient, it shall order the officer with whom the petition is filed to

35-39  cease any further proceedings regarding the petition.

35-40  Sec. 77.  Chapter 283 of NRS is hereby amended by adding thereto a

35-41  new section to read as follows:

35-42  1.  Upon making an appointment to fill a vacancy in an elected office,

35-43  the appointing authority shall notify the filing officer for that elected

35-44  office. The notice must include:

35-45  (a) The name, residence address and telephone number of the

35-46  appointed person;

35-47  (b) The political party of the appointed person; and

35-48  (c) The term of the appointment.

36-1    2.  This section applies to each appointment to fill a vacancy in an

36-2  elected office, including, without limitation, the initial appointment to fill

36-3  a vacancy in a newly created elected office.

36-4    3.  As used in this section, “filing officer” has the meaning ascribed

36-5  to it in NRS 293.057.

36-6    Sec. 78.  Section 5.070 of the charter of the City of Caliente, being

36-7  chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read

36-8  as follows:

36-9    Sec. 5.070  Availability of lists of registered voters.  If, for any

36-10  purpose relating to a municipal election or to candidates or issues

36-11  involved in such an election, any organization, group or person

36-12  requests a list of registered voters of the city, the department, office or

36-13  agency which has custody of the official register of voters shall ,

36-14  except as otherwise provided in NRS 293.558, either permit the

36-15  organization, group or person to copy the voters’ names and addresses

36-16  from the official register of voters or furnish such a list.

36-17  Sec. 79.  Section 5.060 of the charter of the City of Carlin, being

36-18  chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to

36-19  read as follows:

36-20  Sec. 5.060  Availability of lists of registered voters.  If, for any

36-21  purpose relating to a municipal election or to candidates or issues

36-22  involved in such an election, any organization, group or person

36-23  requests a list of registered voters of the city, the department, office or

36-24  agency which has custody of the official register of voters shall ,

36-25  except as otherwise provided in NRS 293.558, either permit the

36-26  organization, group or person to copy the voters’ names and addresses

36-27  from the official register of voters or furnish such a list.

36-28  Sec. 80.  Section 5.070 of the charter of Carson City, being chapter

36-29  213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of

36-30  Nevada 1985, at page 478, is hereby amended to read as follows:

36-31  Sec. 5.070  Availability of list of registered voters.  If, for any

36-32  purpose relating to a municipal election or to the candidates or issues

36-33  involved in that election, any organization, group or person requests a

36-34  list of the registered voters of Carson City, the department, office or

36-35  agency which has custody of the official register of voters shall[:] ,

36-36  except as otherwise provided in NRS 293.558:

36-37  1.  Permit the organization, group or person to copy the voters’

36-38  names and addresses from the official register of voters; or

36-39  2.  Furnish the list upon payment of the fee which is prescribed in

36-40  chapter 293 of NRS.

36-41  Sec. 81.  Section 5.060 of the charter of the City of Elko, being chapter

36-42  276, Statutes of Nevada 1971, at page 489, is hereby amended to read as

36-43  follows:

36-44  Sec. 5.060  Availability of lists of registered voters.  If, for any

36-45  purpose relating to a municipal election or to candidates or issues

36-46  involved in such an election, any organization, group or person

36-47  requests a list of registered voters of the city, the department, office or

36-48  agency which has custody of the official register of voters shall ,

36-49  except as otherwise provided in NRS 293.558, either permit the

37-1  organization, group or person to copy the voters’ names and addresses

37-2  from the official register of voters or furnish such a list.

37-3    Sec. 82.  Section 5.060 of the charter of the City of Gabbs, being

37-4  chapter 265, Statutes of Nevada 1971, at page 397, is hereby amended to

37-5  read as follows:

37-6    Sec. 5.060  Availability of lists of registered voters.  If , for any

37-7  purpose relating to a municipal election or to candidates or issues

37-8  involved in such an election, any organization, group or person

37-9  requests a list of registered voters of the city, the department, office or

37-10  agency which has custody of the official register of voters shall ,

37-11  except as otherwise provided in NRS 293.558, either permit the

37-12  organization, group or person to copy the voters’ names and addresses

37-13  from the official register of voters or furnish such a list.

37-14  Sec. 83.  Section 5.070 of the charter of the City of Las Vegas, being

37-15  chapter 517, Statutes of Nevada 1983, at page 1416, is hereby amended to

37-16  read as follows:

37-17  Sec. 5.070  Availability of lists of registered voters.  If, for any

37-18  purpose which relates to a municipal election or to the candidates or

37-19  issues which are involved in that election, any organization, group or

37-20  person requests a list of the registered voters of the city, the

37-21  department, office or agency which has custody of the official register

37-22  of voters shall , except as otherwise provided in NRS 293.558, either

37-23  permit that organization, group or person to copy the voters’ names

37-24  and addresses from the official register of voters or furnish the list

37-25  upon payment of the fee which is prescribed in chapter 293 of NRS.

37-26  Sec. 84.  Section 5.120 of the charter of the City of Las Vegas, being

37-27  chapter 517, Statutes of Nevada 1983, at page 1417, is hereby amended to

37-28  read as follows:

37-29  Sec. 5.120  Special elections: Notice of election.

37-30  1.  The city clerk shall cause a notice of a special municipal

37-31  election to be published at least once a week for 2 consecutive weeks

37-32  by two weekly insertions 1 week apart, the first publication to be not

37-33  more than 14 days nor less than 8 days next preceding the special

37-34  election.

37-35  2.  [The] Except as otherwise provided in sections 38 to 47,

37-36  inclusive, of this act, the notice of the special election must contain:

37-37  (a) The date and places of holding the election.

37-38  (b) The hours during the day in which the polls will be open, which

37-39  must be the same as are provided for general elections.

37-40  (c) A statement of the question in substantially the same form as it

37-41  will appear on the official ballot.

37-42  Sec. 85.  Section 5.130 of the charter of the City of Las Vegas, being

37-43  chapter 517, Statutes of Nevada 1983, at page 1417, is hereby amended to

37-44  read as follows:

37-45  Sec. 5.130  Special elections: Consolidation of voting precincts;

37-46  qualification of voters; costs.

37-47  1.  [The] Except as otherwise provided in sections 38 to 47,

37-48  inclusive, of this act, the city clerk may consolidate or otherwise

37-49  modify voting precincts for any special municipal election and shall

38-1  designate the polling places, appoint the officers of the election for

38-2  each precinct in such number as he may determine, and fix the

38-3  respective duties and compensation of those officers.

38-4    2.  Any qualified elector who is properly registered is qualified to

38-5  vote at the special election.

38-6    3.  The costs of any special election must be paid by the city.

38-7    Sec. 86.  Section 5.070 of the charter of the City of Reno, being

38-8  chapter 662, Statutes of Nevada 1971, as last amended by chapter 9,

38-9  Statutes of Nevada 1993, at page 23, is hereby amended to read as follows:

38-10  Sec. 5.070  Availability of lists of registered voters.  If, for any

38-11  purpose relating to an election or to candidates or issues involved in

38-12  that election, any organization, group or person requests a list of

38-13  registered voters of the city, the department, office or agency which

38-14  has custody of the official register of voters shall , except as otherwise

38-15  provided in NRS 293.558, permit the organization, group or person to

38-16  copy the voters’ names and addresses from the official register of

38-17  voters or furnish such a list upon payment of the cost established by

38-18  state election law.

38-19  Sec. 87.  Section 5.070 of the charter of the City of Sparks, being

38-20  chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to

38-21  read as follows:

38-22  Sec. 5.070  Availability of lists of registered voters.  If, for any

38-23  purpose relating to a municipal election or to candidates or issues

38-24  involved in such an election, any organization, group or person

38-25  requests a list of registered voters of the city, the department, office or

38-26  agency which has custody of the official register of voters shall ,

38-27  except as otherwise provided in NRS 293.558, provide the same upon

38-28  payment therefor in an amount determined pursuant to the provisions

38-29  of [subsection 2 of] NRS 293.440.

38-30  Sec. 88.  Section 5.060 of the charter of the City of Wells, being

38-31  chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to

38-32  read as follows:

38-33  Sec. 5.060  Availability of lists of registered voters.  If, for any

38-34  purpose relating to a municipal election or to candidates or issues

38-35  involved in such an election, any organization, group or person

38-36  requests a list of registered voters of the city, the department, office or

38-37  agency which has custody of the official register of voters shall ,

38-38  except as otherwise provided in NRS 293.558, either permit the

38-39  organization, group or person to copy the voters’ names and addresses

38-40  from the official register of voters or furnish such a list.

38-41  Sec. 89.  Section 5.060 of the charter of the City of Yerington, being

38-42  chapter 465, Statutes of Nevada 1971, at page 913, is hereby amended to

38-43  read as follows:

38-44  Sec. 5.060  Availability of lists of registered voters.  If, for any

38-45  purpose relating to a municipal election or to candidates or issues

38-46  involved in such an election, any organization, group or person

38-47  requests a list of registered voters of the city, the department, office or

38-48  agency which has custody of the official register of voters shall ,

39-1  except as otherwise provided in NRS 293.558, furnish such a list at a

39-2  fee to be established by the city council.

39-3    Sec. 90.  NRS 293.037, 293B.320 and 293C.537 are hereby repealed.

 

39-4  LEADLINES OF REPEALED SECTIONS

 

39-5    293.037 “Checklist” defined.

39-6    293B.320  Time allowed in booth; removal from booth.

39-7    293C.537  County clerk to prepare checklists for wards or voting

39-8   districts in cities; contents of checklists; use of checklists by election

39-9   board members.

 

39-10  H