(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 637
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.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 293 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 and 3 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 subsection 2, for the
1-7 purposes of registering to vote, the address at which the voter actually
2-1 resides is the street address assigned to the location at which the voter
2-2 actually resides.
2-3 2. For the purposes of registering to vote, if the voter does not reside
2-4 at a location that has been assigned a street address, the address at which
2-5 the voter actually resides is a description of the location at which the
2-6 voter actually resides. The description must identify the location with
2-7 sufficient specificity to allow the county clerk to assign the location to a
2-8 precinct.
2-9 3. The provisions of this section do not authorize a person to register
2-10 to vote if he is not otherwise eligible to register to vote.
2-11 Sec. 4. NRS 293.010 is hereby amended to read as follows:
2-12 293.010 As used in this Title, unless the context otherwise requires,
2-13 the words and terms defined in NRS 293.013 to 293.121, inclusive, and
2-14 section 2 of this act have the meanings ascribed to them in those sections.
2-15 Sec. 5. NRS 293.040 is hereby amended to read as follows:
2-16 293.040 “Clerk” means the election board officer designated or
2-17 assigned to make the record of the election in the pollbook, tally list[,] and
2-18 challenge list [and checklist] in the precinct or district in which such officer
2-19 is appointed.
2-20 Sec. 6. NRS 293.1277 is hereby amended to read as follows:
2-21 293.1277 1. If the secretary of state finds that the total number of
2-22 signatures submitted to all the county clerks is 100 percent or more of the
2-23 number of registered voters needed to declare the petition sufficient, he
2-24 shall immediately so notify the county clerks. Within 9 days, excluding
2-25 Saturdays, Sundays and holidays, after notification, each of the county
2-26 clerks shall determine the number of registered voters who have signed the
2-27 documents submitted in his county.
2-28 2. If more than 500 names have been signed on the documents
2-29 submitted to him, a county clerk shall examine the signatures by sampling
2-30 them at random for verification. The random sample of signatures to be
2-31 verified must be drawn in such a manner that every signature which has
2-32 been submitted to the county clerk is given an equal opportunity to be
2-33 included in the sample. The sample must include an examination of at least
2-34 500 or 5 percent of the signatures, whichever is greater.
2-35 3. In determining from the records of registration the number of
2-36 registered voters who signed the documents, the county clerk may use the
2-37 signatures contained in the file of applications to register to vote. If the
2-38 county clerk uses that file, he shall ensure that every application in the file
2-39 is examined, including any application in his possession which may not yet
2-40 be entered into his records. The county clerk shall rely only on the
2-41 appearance of the signature and the address and date included with each
2-42 signature in making his determination.
2-43 4. Except as otherwise provided in subsection 6, upon completing the
2-44 examination, the county clerk shall immediately attach to the documents a
2-45 certificate properly dated, showing the result of his examination and
2-46 transmit the documents with the certificate to the secretary of state. A copy
2-47 of this certificate must be filed in the clerk’s office. When the county clerk
2-48 transmits the certificate to the secretary of state, the county clerk shall
3-1 notify the secretary of state of the number of requests to remove a name
3-2 received by the county clerk pursuant to NRS 295.055 or 306.015.
3-3 5. A person who submits a petition to the county clerk which is
3-4 required to be verified pursuant to NRS 293.128, 293.165, 293.172,
3-5 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness
3-6 the verification of the signatures. A public officer who is the subject of a
3-7 recall petition must also be allowed to witness the verification of the
3-8 signatures on the petition.
3-9 6. For any petition containing signatures which are required to be
3-10 verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or
3-11 306.110 for any county, district or municipal office within one county, the
3-12 county clerk shall not transmit to the secretary of state the documents
3-13 containing the signatures of the registered voters.
3-14 7. The secretary of state may by regulation establish further procedures
3-15 for carrying out the provisions of this section.
3-16 Sec. 7. NRS 293.1278 is hereby amended to read as follows:
3-17 293.1278 1. If the certificates received by the secretary of state from
3-18 all the county clerks establish that the number of valid signatures is less
3-19 than 90 percent of the required number of registered voters, the petition
3-20 shall be deemed to have failed to qualify, and the secretary of state shall
3-21 immediately so notify the petitioners and the county clerks.
3-22 2. If those certificates establish that the [petitioners have] number of
3-23 valid signatures is equal to or more than the sum of 100 percent of the
3-24 number of registered voters needed to make the petition sufficient [,] plus
3-25 the total number of requests to remove a name received by the county
3-26 clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed
3-27 to qualify as of the date of receipt by the secretary of state of those
3-28 certificates , [showing the petition to have reached 100 percent,] and the
3-29 secretary of state shall immediately so notify the petitioners and the county
3-30 clerks.
3-31 3. If the certificates establish that the petitioners have 100 percent or
3-32 more of the number of registered voters needed to make the petition
3-33 sufficient but the petition fails to qualify pursuant to subsection 2, each
3-34 county clerk who received a request to remove a name pursuant to NRS
3-35 295.055 or 306.015 shall remove each name as requested, amend the
3-36 certificate, and transmit the amended certificate to the secretary of state.
3-37 If the amended certificates establish that the petitioners have 100 percent
3-38 or more of the number of registered voters needed to make the petition
3-39 sufficient, the petition shall be deemed to qualify as of the date of receipt
3-40 by the secretary of state of the amended certificates, and the secretary of
3-41 state shall immediately so notify the petitioners and the county clerks.
3-42 Sec. 8. NRS 293.1279 is hereby amended to read as follows:
3-43 293.1279 1. If the statistical sampling shows that the number of valid
3-44 signatures filed is 90 percent or more , but less than the sum of 100 percent
3-45 of the number of signatures of registered voters needed to declare the
3-46 petition sufficient [,] plus the total number of requests to remove a name
3-47 received by the county clerks pursuant to NRS 295.055 or 306.015, the
3-48 secretary of state shall order the county clerks to examine the signatures for
3-49 verification. The county clerks shall examine the signatures for verification
4-1 until they determine that 100 percent of the number of signatures of
4-2 registered voters needed to declare the petition sufficient are valid. If the
4-3 county clerks received a request to remove a name pursuant to NRS
4-4 295.055 or 306.015, the county clerks may not determine that 100 percent
4-5 of the number of signatures of registered voters needed to declare the
4-6 petition sufficient are valid until they have removed each name as
4-7 requested pursuant to NRS 295.055 or 306.015.
4-8 2. If the statistical sampling shows that the number of valid signatures
4-9 filed in any county is 90 percent or more but less than the sum of 100
4-10 percent of the number of signatures of registered voters needed to
4-11 constitute 10 percent of the number of voters who voted at the last
4-12 preceding general election in that county [,] plus the total number of
4-13 requests to remove a name received by the county clerk in that county
4-14 pursuant to NRS 295.055 or 306.015, the secretary of state may order the
4-15 county clerk in that county to examine every signature for verification. If
4-16 the county clerk received a request to remove a name pursuant to NRS
4-17 295.055 or 306.015, the county clerk may not determine that 100 percent
4-18 or more of the number of signatures of registered voters needed to
4-19 constitute 10 percent of the number of voters who voted at the last
4-20 preceding general election in that county are valid until he has removed
4-21 each name as requested pursuant to NRS 295.055 or 306.015.
4-22 3. Within 12 days, excluding Saturdays, Sundays and holidays, after
4-23 receipt of such an order, the clerk shall determine from the records of
4-24 registration what number of registered voters have signed the petition. If
4-25 necessary, the board of county commissioners shall allow the county clerk
4-26 additional assistants for examining the signatures and provide for their
4-27 compensation. In determining from the records of registration what number
4-28 of registered voters have signed the petition, the clerk may use any file or
4-29 list of registered voters maintained by his office or facsimiles of voters’
4-30 signatures. The county clerk may rely on the appearance of the signature
4-31 and the address and date included with each signature in determining the
4-32 number of registered voters that signed the petition.
4-33 4. Except as otherwise provided in subsection 5, upon completing the
4-34 examination, the county clerk shall immediately attach to the documents of
4-35 the petition an amended certificate properly dated, showing the result of the
4-36 examination and shall immediately forward the documents with the
4-37 amended certificate to the secretary of state. A copy of the amended
4-38 certificate must be filed in the county clerk’s office.
4-39 5. For any petition containing signatures which are required to be
4-40 verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or
4-41 306.110 for any county, district or municipal office within one county, the
4-42 county clerk shall not forward to the secretary of state the documents
4-43 containing the signatures of the registered voters.
4-44 6. Except for a petition to recall a county, district or municipal officer,
4-45 the petition shall be deemed filed with the secretary of state as of the date
4-46 on which he receives certificates from the county clerks showing the
4-47 petition to be signed by the requisite number of voters of the state.
4-48 7. If the amended certificates received from all county clerks by the
4-49 secretary of state establish that the petition is still insufficient, he shall
5-1 immediately so notify the petitioners and the county clerks. If the petition
5-2 is a petition to recall a county, district or municipal officer, the secretary of
5-3 state shall also notify the officer with whom the petition is to be filed.
5-4 Sec. 9. NRS 293.12795 is hereby amended to read as follows:
5-5 293.12795 1. If an appeal is based upon the results of the verification
5-6 of signatures on a petition performed pursuant to NRS 293.1277 or
5-7 293.1279, the secretary of state shall:
5-8 (a) If he finds for the appellant, order the county clerk to recertify the
5-9 petition, including as verified signatures all contested signatures which the
5-10 secretary of state determines are valid. If the county clerk has not yet
5-11 removed each name as requested pursuant to NRS 295.055 or 306.015,
5-12 the county clerk shall do so before recertifying the petition.
5-13 (b) If he does not find for the appellant, notify the appellant and the
5-14 county clerk that the petition remains insufficient.
5-15 2. If the secretary of state is unable to make a decision on the appeal
5-16 based upon the documents submitted to him, the secretary of state may
5-17 order the county clerk to reverify the signatures.
5-18 3. The decision of the secretary of state is a final decision for the
5-19 purposes of judicial review. The decision of the secretary of state may only
5-20 be appealed in the first judicial district court.
5-21 Sec. 10. NRS 293.165 is hereby amended to read as follows:
5-22 293.165 1. Except as otherwise provided in NRS 293.166, a vacancy
5-23 occurring in a major or minor political party nomination for a partisan
5-24 office may be filled by a candidate designated by the party central
5-25 committee of the county or state, as the case may be, subject to the
5-26 provisions of subsections 4 and 5.
5-27 2. A vacancy occurring in a nonpartisan nomination after the close of
5-28 filing and on or before the second Tuesday in August must be filled by
5-29 filing a nominating petition that is signed by registered voters of the state,
5-30 county, district or municipality who may vote for the office in question.
5-31 The number of registered voters who sign the petition must not be less than
5-32 1 percent of the number of persons who voted for the office in question in
5-33 the state, county, district or municipality at the last preceding general
5-34 election. The petition must be filed not earlier than the first Tuesday in
5-35 June and not later than the fourth Tuesday in August. The petition may
5-36 consist of more than one document. Each document must bear the name of
5-37 one county and must [not] be signed only by a person who is [not] a
5-38 registered voter of that county[.] and who may vote for the office in
5-39 question. Each document of the petition must be submitted for verification
5-40 pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of
5-41 the county named on the document. A candidate nominated pursuant to the
5-42 provisions of this subsection:
5-43 (a) Must file a declaration of candidacy or acceptance of candidacy and
5-44 pay the statutory filing fee on or before the date the petition is filed; and
5-45 (b) May be elected only at a general election and his name must not
5-46 appear on the ballot for a primary election.
5-47 3. A vacancy occurring in a nonpartisan nomination after the second
5-48 Tuesday in August and on or before the second Tuesday in September must
6-1 be filled by the person who receives the next highest vote for the
6-2 nomination in the primary.
6-3 4. No change may be made on the ballot after the second Tuesday in
6-4 September of the year in which the general election is held. If a nominee
6-5 dies after that date, his name must remain on the ballot and, if elected, a
6-6 vacancy exists.
6-7 5. All designations provided for in this section must be filed before 5
6-8 p.m. on the second Tuesday in September. In each case, the statutory filing
6-9 fee must be paid and an acceptance of the designation must be filed before
6-10 5 p.m. on the date the designation is filed.
6-11 Sec. 11. NRS 293.176 is hereby amended to read as follows:
6-12 293.176 1. Except as otherwise provided in subsection 2, no person
6-13 may be a candidate of a major political party for partisan office in any
6-14 election if he has changed:
6-15 (a) The designation of his political party affiliation; or
6-16 (b) His designation of political party from nonpartisan to a designation
6-17 of a political party affiliation,
6-18 on an application to register to vote in the State of Nevada or in any other
6-19 state during the time beginning on September 1 preceding the closing filing
6-20 date for that election and ending on the date of that election whether or not
6-21 his previous registration was still effective at the time of the change in
6-22 party designation.
6-23 2. The provisions of subsection 1 do not apply to any person who is a
6-24 candidate of a political party that was not qualified pursuant to NRS
6-25 293.171 on the September 1 next preceding the closing filing date for the
6-26 election.
6-27 Sec. 12. NRS 293.251 is hereby amended to read as follows:
6-28 293.251 If a registrar of voters’ register or an election board register
6-29 is kept by computer, the register must include all the information contained
6-30 in the original applications to register to vote.
6-31 Sec. 13. NRS 293.273 is hereby amended to read as follows:
6-32 293.273 1. Except as otherwise provided in subsection 2 and NRS
6-33 293.305, at all elections held under the provisions of this Title, the polls
6-34 must open at 7 a.m. and close at 7 p.m.
6-35 2. Whenever at any election all the votes of the precinct or district, as
6-36 shown on the [checklist and] roster, have been cast, the election board
6-37 officers shall close the polls, and the counting of votes must begin and
6-38 continue without unnecessary delay until the count is completed.
6-39 3. Upon opening the polls , one of the election board officers shall
6-40 cause a proclamation to be made that all present may be aware of the fact
6-41 that applications of registered voters to vote will be received.
6-42 4. No person other than election board officers engaged in receiving,
6-43 preparing or depositing ballots may be permitted inside the guardrail
6-44 during the time the polls are open, except by authority of the election board
6-45 as necessary to keep order and carry out the provisions of this Title.
6-46 Sec. 14. NRS 293.303 is hereby amended to read as follows:
6-47 293.303 1. A person applying to vote may be challenged:
7-1 (a) Orally by any registered voter of the precinct or district upon the
7-2 ground that he is not the person entitled to vote as claimed or has voted
7-3 before at the same election; or
7-4 (b) On any ground set forth in a challenge filed with the county clerk
7-5 pursuant to the provisions of NRS 293.547.
7-6 2. If a person is challenged, an election board officer shall tender the
7-7 challenged person the following oath or affirmation:
7-8 (a) If the challenge is on the ground that he does not belong to the
7-9 political party designated upon the register, “I swear or affirm under
7-10 penalty of perjury that I belong to the political party designated upon the
7-11 register”;
7-12 (b) If the challenge is on the ground that the register does not show that
7-13 he designated the political party to which he claims to belong, “I swear or
7-14 affirm under penalty of perjury that I designated on the application to
7-15 register to vote the political party to which I claim to belong”;
7-16 (c) If the challenge is on the ground that he does not reside at the
7-17 residence for which the address is listed in the election board register, “I
7-18 swear or affirm under penalty of perjury that I reside at the residence for
7-19 which the address is listed in the election board register”;
7-20 (d) If the challenge is on the ground that he previously voted a ballot for
7-21 the election, “I swear or affirm under penalty of perjury that I have not
7-22 voted for any of the candidates or questions included on this ballot for this
7-23 election”; or
7-24 (e) If the challenge is on the ground that he is not the person he claims
7-25 to be, “I swear or affirm under penalty of perjury that I am the person
7-26 whose name is in this election board register.”
7-27 The oath or affirmation must be set forth on a form prepared by the
7-28 secretary of state and signed by the challenged person under penalty of
7-29 perjury.
7-30 3. Except as otherwise provided in subsection 4, if the challenged
7-31 person refuses to execute the oath or affirmation so tendered, he must not
7-32 be issued a ballot, and the officer in charge of the election board register
7-33 shall write the words “Challenged ................” opposite his name in the
7-34 election board register.
7-35 4. If the challenged person refuses to execute the oath or affirmation
7-36 set forth in paragraph (a) or (b) of subsection 2, the election board officers
7-37 shall issue him a nonpartisan ballot.
7-38 5. If the challenged person refuses to execute the oath or affirmation
7-39 set forth in paragraph (c) of subsection 2, the election board officers shall
7-40 inform him that he is entitled to vote only in the manner prescribed in NRS
7-41 293.304.
7-42 6. If the challenged person executes the oath or affirmation and the
7-43 challenge is not based on the ground set forth in paragraph (e) of
7-44 subsection 2, the election board officers shall issue him a partisan ballot.
7-45 7. If the challenge is based on the ground set forth in paragraph (c) of
7-46 subsection 2, and the challenged person executes the oath or affirmation,
7-47 the election board shall not issue the person a ballot until he furnishes
7-48 satisfactory identification which contains proof of the address at which he
7-49 actually resides.
8-1 8. If the challenge is based on the ground set forth in paragraph (e) of
8-2 subsection 2 and the challenged person executes the oath or affirmation,
8-3 the election board shall not issue the person a ballot unless he:
8-4 (a) Furnishes official identification which contains a photograph of
8-5 himself, such as his driver’s license or other official document; or
8-6 (b) Brings before the election board officers a person who is at least 18
8-7 years [old] of age who:
8-8 (1) Furnishes official identification which contains a photograph of
8-9 himself, such as his driver’s license or other official document; and
8-10 (2) Executes an oath or affirmation under penalty of perjury that the
8-11 challenged person is who he swears he is.
8-12 9. The election board officers shall record the name of the challenged
8-13 person and the result of the challenge on the challenge list . [, and the
8-14 election board officer in charge of the checklist shall indicate next to the
8-15 name of the challenged person the result of the challenge.]
8-16 Sec. 15. NRS 293.3095 is hereby amended to read as follows:
8-17 293.3095 1. A person who, during the 6 months immediately
8-18 preceding an election, [mails] distributes to more than a total of 500
8-19 registered voters a form to request an absent ballot for the election shall:
8-20 (a) [Mail] Distribute the form prescribed by the secretary of state,
8-21 which must, in 14-point type or larger:
8-22 (1) Identify the person who is [mailing] distributing the form;
8-23 (2) Include a notice stating, “This is a request for an absent ballot.”;
8-24 and
8-25 (3) State that by returning the form, the form will be submitted to the
8-26 county clerk;
8-27 (b) Not later than 14 days before [mailing] distributing such a form,
8-28 [notify] provide written notice to the county clerk of each county to which
8-29 a form will be [mailed] distributed of the number of forms to be [mailed]
8-30 distributed to voters in the county and the date of the [mailing] distribution
8-31 of the forms; and
8-32 (c) Not mail such a form later than 21 days before the election.
8-33 2. The provisions of this section do not authorize a person to vote by
8-34 absent ballot if he is not otherwise eligible to vote by absent ballot.
8-35 Sec. 16. NRS 293.313 is hereby amended to read as follows:
8-36 293.313 1. Except as otherwise provided in NRS 293.272 and
8-37 293.502, a registered voter who provides sufficient written notice to the
8-38 county clerk[,] may vote an absent ballot as provided in this chapter.
8-39 2. A registered voter who:
8-40 (a) Is at least 65 years [old;] of age; or
8-41 (b) Has a physical disability or condition which substantially impairs his
8-42 ability to go to the polling place,
8-43 may request an absent ballot for all elections held during the year he
8-44 requests an absent ballot. The registered voter must include in his request a
8-45 description of his physical disability or condition.
8-46 3. As used in this section, “sufficient written notice” means a:
8-47 (a) Written request for an absent ballot which is signed by the registered
8-48 voter and returned to the county clerk in person or by mail[;] or facsimile
8-49 machine;
9-1 (b) Form prescribed by the secretary of state which is completed and
9-2 signed by the registered voter and returned to the county clerk in person or
9-3 by mail[;] or facsimile machine; or
9-4 (c) Form provided by the Federal Government.
9-5 4. A county clerk shall consider a request from a voter who has given
9-6 sufficient written notice on a form provided by the Federal Government as
9-7 a request for both the primary and general elections unless otherwise
9-8 specified in the request.
9-9 5. It is unlawful for a person fraudulently to request an absent ballot in
9-10 the name of another person or to induce or coerce another person
9-11 fraudulently to request an absent ballot in the name of another person. A
9-12 person who violates this subsection is guilty of a category E felony and
9-13 shall be punished as provided in NRS 193.130.
9-14 Sec. 17. NRS 293.315 is hereby amended to read as follows:
9-15 293.315 1. A registered voter referred to in NRS 293.313 may, at
9-16 any time before 5 p.m. on the [Tuesday] seventh calendar day preceding
9-17 any election, make an application to that clerk for an absent voter’s ballot.
9-18 The application must be made available for public inspection.
9-19 2. When the voter has identified himself to the satisfaction of the clerk,
9-20 he is entitled to receive the appropriate ballot or ballots, but only for his
9-21 own use.
9-22 3. A county clerk who allows a person to copy information from an
9-23 application for an absent ballot is immune from any civil or criminal
9-24 liability for any damage caused by the distribution of that information,
9-25 unless he knowingly and willingly allows a person who intends to use the
9-26 information to further an unlawful act to copy such information.
9-27 Sec. 18. NRS 293.3157 is hereby amended to read as follows:
9-28 293.3157 1. Any registered voter of this state who resides outside the
9-29 continental United States may use a facsimile machine to request an absent
9-30 ballot.
9-31 2. The county clerk shall use a facsimile machine to send an absent
9-32 ballot to the registered voter.
9-33 3. The registered voter shall mail his absent ballot to the county clerk.
9-34 4. The secretary of state shall adopt regulations to carry out the
9-35 provisions of this section.
9-36 [5. As used in this section, “facsimile machine” means a device which
9-37 sends or receives a reproduction or facsimile of a document or photograph
9-38 which is transmitted electronically or telephonically by
9-39 telecommunications lines.]
9-40 Sec. 19. NRS 293.330 is hereby amended to read as follows:
9-41 293.330 1. When an absent voter receives his ballot, he must mark
9-42 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by
9-43 punching a card, in accordance with the instructions, deposit it in the return
9-44 envelope, seal the envelope, affix his signature on the back of the envelope
9-45 in the space provided therefor and mail the return envelope.
9-46 2. [If the] Except as otherwise provided in subsection 3, if an absent
9-47 voter who has [received] requested a ballot by mail applies to vote the
9-48 ballot in person at:
10-1 (a) The [county clerk’s office,] office of the county clerk, he must mark
10-2 or punch the ballot, seal it in the return envelope and affix his signature in
10-3 the same manner as provided in subsection 1, and deliver the envelope to
10-4 the clerk.
10-5 (b) A polling place, including, without limitation, a polling place for
10-6 early voting, he must surrender the absent ballot and provide satisfactory
10-7 identification before being issued a ballot to vote at the polling place. A
10-8 person who receives a surrendered absent ballot shall mark it “Canceled.”
10-9 3. If an absent voter who has requested a ballot by mail applies to
10-10 vote in person at the office of the county clerk or a polling place,
10-11 including, without limitation, a polling place for early voting, and the
10-12 voter does not have the absent ballot to deliver or surrender, the voter
10-13 must be issued a ballot to vote if the voter:
10-14 (a) Provides satisfactory identification;
10-15 (b) Is a registered voter who is otherwise entitled to vote; and
10-16 (c) Signs an affirmation under penalty of perjury on a form prepared
10-17 by the secretary of state declaring that the voter has not voted during the
10-18 election.
10-19 4. Except as otherwise provided in NRS 293.316, it is unlawful for any
10-20 person to return an absent ballot other than the voter who requested the
10-21 absent ballot or, at the request of the voter, a member of his family. A
10-22 person who returns an absent ballot and who is a member of the family of
10-23 the voter who requested the absent ballot shall, under penalty of perjury,
10-24 indicate on a form prescribed by the county clerk that he is a member of
10-25 the family of the voter who requested the absent ballot and that the voter
10-26 requested that he return the absent ballot. A person who violates the
10-27 provisions of this subsection is guilty of a category E felony and shall be
10-28 punished as provided in NRS 193.130.
10-29 Sec. 20. NRS 293.373 is hereby amended to read as follows:
10-30 293.373 If paper ballots or ballots which are voted by punching a card
10-31 are used:
10-32 1. After the tally lists have been completed, the [counting board
10-33 officers shall:
10-34 (a) File the voted ballots on a string, enclose and seal them in an
10-35 envelope marked “Election returns, voted ballots.”
10-36 (b) File the rejected ballots on a string, enclose and seal them in an
10-37 envelope marked “Election returns, rejected ballots.”
10-38 (c) Place one of the tally lists for regular ballots and one of the
10-39 pollbooks in an envelope marked “Election returns” and seal the envelope.
10-40 2. The] voted ballots, rejected ballots, tally lists for regular ballots,
10-41 tally list for rejected ballots, challenge list, stubs of used ballots, spoiled
10-42 ballots and unused ballots must be sealed under cover by the counting
10-43 board officers and addressed to the county clerk.
10-44 [3.] 2. The other pollbooks, tally lists and election board register must
10-45 be returned to the county clerk.
10-46 Sec. 21. NRS 293.391 is hereby amended to read as follows:
10-47 293.391 1. The voted ballots, rejected ballots, spoiled ballots, [tally
10-48 lists, pollbooks,] challenge lists, voting receipts, records printed on paper
10-49 of voted ballots collected pursuant to NRS 293B.400 , and stubs of the
11-1 ballots used, enclosed and sealed, must, after canvass of the votes by the
11-2 board of county commissioners, be deposited in the vaults of the county
11-3 clerk . [, and] The tally lists and pollbooks collected pursuant to NRS
11-4 293B.400 must, after canvass of the votes by the board of county
11-5 commissioners, be deposited in the vaults of the county clerk without
11-6 being sealed. All materials described by this subsection must be preserved
11-7 for at least 22 months[. All such sealed materials must be] and destroyed
11-8 immediately after the preservation period. A notice of the destruction must
11-9 be published by the clerk in at least one newspaper of general circulation in
11-10 the county not less than 2 weeks before the destruction.
11-11 2. Unused ballots, enclosed and sealed, must, after canvass of the votes
11-12 by the board of county commissioners, be deposited in the vaults of the
11-13 county clerk and preserved for at least the period during which the election
11-14 may be contested and adjudicated, after which the unused ballots may be
11-15 destroyed.
11-16 [2.] 3. The pollbooks containing the signatures of those persons who
11-17 voted in the election and the tally lists deposited with the board of county
11-18 commissioners are subject to the inspection of any elector who may wish to
11-19 examine them at any time after their deposit with the county clerk.
11-20 [3.] 4. A contestant of an election may inspect all of the material
11-21 regarding that election which is preserved pursuant to subsection 1[,] or 2,
11-22 except the voted ballots.
11-23 [4.] 5. The voted ballots deposited with the county clerk are not subject
11-24 to the inspection of anyone, except in cases of contested election, and then
11-25 only by the judge, body or board before whom the election is being
11-26 contested, or by the parties to the contest, jointly, pursuant to an order of
11-27 such judge, body or board.
11-28 Sec. 22. NRS 293.507 is hereby amended to read as follows:
11-29 293.507 1. The secretary of state shall prescribe:
11-30 (a) A standard form for applications to register to vote; and
11-31 (b) A special form for registration to be used in a county where
11-32 registrations are performed and records of registration are kept by
11-33 computer.
11-34 2. The county clerks shall provide forms for applications to register to
11-35 vote to field registrars in the form and number prescribed by the secretary
11-36 of state.
11-37 3. A form for an application to register to vote must include a duplicate
11-38 copy [marked as the] or receipt to be retained by the applicant upon
11-39 completion of the form.
11-40 4. The form for an application to register to vote must include:
11-41 (a) A line for use by the county clerk to enter the number:
11-42 (1) Indicated on the voter’s social security card, driver’s license or
11-43 identification card issued by the department of motor vehicles and public
11-44 safety, or any other identification card issued by an agency of this state or
11-45 the Federal Government that contains:
11-46 (I) [A unique] An identifying number; and
11-47 (II) A photograph or physical description of the voter; or
11-48 (2) Issued to the voter pursuant to subsection 5.
12-1 (b) A line on which to enter the address at which the voter actually
12-2 resides[. The application must not be accepted if the address is listed as a
12-3 post office box unless a street address has not been assigned to his
12-4 residence.] , as set forth in section 3 of this act.
12-5 (c) A notice that the voter may not list [his address as] a business as the
12-6 address required pursuant to paragraph (b) unless he actually resides
12-7 there.
12-8 (d) A line on which to enter an address at which the voter may receive
12-9 mail, including, without limitation, a post office box or general delivery.
12-10 5. If a voter does not:
12-11 (a) Possess any of the identification set forth in subparagraph (1) of
12-12 paragraph (a) of subsection 4; or
12-13 (b) Wish to provide to the county clerk the number indicated on that
12-14 identification,
12-15 the county clerk shall issue [a unique] an identification number to the
12-16 voter.
12-17 6. The secretary of state shall adopt regulations to carry out the
12-18 provisions of subsections 4 and 5.
12-19 Sec. 23. NRS 293.510 is hereby amended to read as follows:
12-20 293.510 1. In counties where computers are not used to register
12-21 voters, the county clerk shall:
12-22 (a) Segregate original applications to register to vote according to the
12-23 precinct in which the registered voters reside and arrange the applications
12-24 in each precinct or district in alphabetical order. The applications for each
12-25 precinct or district must be kept in a separate binder which is marked with
12-26 the number of the precinct or district. This binder constitutes the election
12-27 board register.
12-28 (b) Arrange the duplicate applications of registration in alphabetical
12-29 order for the entire county and keep them in binders or a suitable file which
12-30 constitutes the registrar of voters’ register.
12-31 2. In any county where a computer is used to register voters, the
12-32 county clerk shall:
12-33 (a) Arrange the original applications to register to vote [in alphabetical
12-34 order] for the entire county [and keep them in binders or a suitable file
12-35 which constitutes] in a manner in which an original application may be
12-36 quickly located. These original applications constitute the registrar of
12-37 voters’ register.
12-38 (b) Segregate the applications to register to vote in a computer file
12-39 according to the precinct or district in which the registered voters reside,
12-40 and for each precinct or district have printed a computer listing which
12-41 contains the applications to register to vote in alphabetical order. These
12-42 listings of applications to register to vote must be placed in separate
12-43 binders which are marked with the number of the precinct or district. These
12-44 binders constitute the election board registers.
12-45 Sec. 24. NRS 293.5235 is hereby amended to read as follows:
12-46 293.5235 1. Except as otherwise provided in NRS 293.502, a person
12-47 may register to vote by mailing an application to register to vote to the
12-48 county clerk of the county in which he resides. The county clerk shall,
12-49 upon request, mail an application to register to vote to an applicant. The
13-1 county clerk shall make the applications available at various public places
13-2 in the county. An application to register to vote may be used to correct
13-3 information in the registrar of voters’ register.
13-4 2. An application to register to vote which is mailed to an applicant by
13-5 the county clerk or made available to the public at various locations or
13-6 voter registration agencies in the county may be returned to the county
13-7 clerk by mail or in person. For the purposes of this section, an application
13-8 which is personally delivered to the county clerk shall be deemed to have
13-9 been returned by mail.
13-10 3. The applicant must complete and sign the application.
13-11 4. The county clerk shall, upon receipt of an application, determine
13-12 whether the application is complete.
13-13 5. If he determines that the application is complete, he shall, within 10
13-14 days after he receives the application, mail [a notice] to the applicant
13-15 [informing him that:
13-16 (a) He] :
13-17 (a) A notice informing him that he is registered to vote and a voter
13-18 registration card as required by subsection 6 of NRS 293.517; or
13-19 (b) [The] A notice informing him that the registrar of voters’ register
13-20 has been corrected to reflect any changes indicated on the application.
13-21 The applicant shall be deemed to be registered or to have corrected the
13-22 information in the register as of the date the application is postmarked[.]
13-23 or personally delivered.
13-24 6. If the county clerk determines that the application is not complete,
13-25 he shall, as soon as possible, mail a notice to the applicant informing him
13-26 that additional information is required to complete the application. If the
13-27 applicant provides the information requested by the county clerk within 15
13-28 days after the county clerk mails the notice, the county clerk shall, within
13-29 10 days after he receives the information, mail [a notice] to the applicant
13-30 [informing him that:
13-31 (a) He] :
13-32 (a) A notice informing him that he is registered to vote and a voter
13-33 registration card as required by subsection 6 of NRS 293.517; or
13-34 (b) [The] A notice informing him that the registrar of voters’ register
13-35 has been corrected to reflect any changes indicated on the application.
13-36 The applicant shall be deemed to be registered or to have corrected the
13-37 information in the register as of the date the application is postmarked[.]
13-38 or personally delivered. If the applicant does not provide the additional
13-39 information within the prescribed period, the application is void.
13-40 7. The secretary of state shall prescribe the form for an application to
13-41 register to vote by mail which must be used to register to vote by mail in
13-42 this state. The application to register to vote by mail must include a notice
13-43 in at least 10-point type which states:
13-44 NOTICE: You are urged to return your application to register to
13-45 vote to the County Clerk in person or by mail. If you choose to give
13-46 your completed application to another person to return to the
13-47 County Clerk on your behalf, and the person fails to deliver the
13-48 application to the County Clerk, you will not be registered to vote.
14-1 Please retain the duplicate copy or receipt from your application to
14-2 register to vote.
14-3 8. The county clerk shall not register a person to vote pursuant to this
14-4 section unless that person has provided all of the information required by
14-5 the application.
14-6 9. The county clerk shall mail, by postcard, the notices required
14-7 pursuant to subsections 5 and 6. If the postcard is returned to the county
14-8 clerk by the United States Postal Service because the address is fictitious or
14-9 the person does not live at that address, the county clerk shall attempt to
14-10 determine whether the person’s current residence is other than that
14-11 indicated on his application to register to vote in the manner set forth in
14-12 NRS 293.530.
14-13 10. A person who, by mail, registers to vote pursuant to this section
14-14 may be assisted in completing the application to register to vote by any
14-15 other person. The application must include the mailing address and
14-16 signature of the person who assisted the applicant. The failure to provide
14-17 the information required by this subsection will not result in the application
14-18 being deemed incomplete.
14-19 11. An application to register to vote must be made available to all
14-20 persons, regardless of political party affiliation.
14-21 12. An application must not be altered or otherwise defaced after the
14-22 applicant has completed and signed it. An application must be mailed or
14-23 delivered in person to the [county clerk’s] office of the county clerk within
14-24 10 days after it is completed.
14-25 13. A person who willfully violates any of the provisions of subsection
14-26 10, 11 or 12 is guilty of a category E felony and shall be punished as
14-27 provided in NRS 193.130.
14-28 14. The secretary of state shall adopt regulations to carry out the
14-29 provisions of this section.
14-30 Sec. 25. NRS 293.524 is hereby amended to read as follows:
14-31 293.524 1. The department of motor vehicles and public safety shall
14-32 provide an application to register to vote to each person who applies for the
14-33 issuance or renewal of any type of driver’s license or for an identification
14-34 card.
14-35 2. The county clerk shall use the applications to register to vote which
14-36 are signed and completed pursuant to subsection 1 to register applicants to
14-37 vote or to correct information in the registrar of voters’ register. An
14-38 application that is not signed must not be used to register or correct the
14-39 registration of the applicant.
14-40 3. For the purposes of this section, each employee specifically
14-41 authorized to do so by the director of the department may oversee the
14-42 completion of an application. The authorized employee shall check the
14-43 application for completeness and verify the information required by the
14-44 application. Each application must include a duplicate copy [marked as
14-45 the]or receipt to be retained by the applicant upon completion of the form.
14-46 The department shall, except as otherwise provided in this subsection,
14-47 forward each application on a weekly basis to the county clerk or, if
14-48 applicable, to the registrar of voters of the county in which the applicant
15-1 resides. During the 2 weeks immediately preceding the close of registration
15-2 for an election , the applications must be forwarded daily.
15-3 4. The county clerk shall accept any application to register to vote
15-4 which is completed by the last day to register if he receives the application
15-5 not later than 5 days after the close of registration. Upon receipt of an
15-6 application, the county clerk or field registrar of voters shall determine
15-7 whether the application is complete. If he determines that the application is
15-8 complete, he shall notify the applicant and the applicant shall be deemed to
15-9 be registered as of the date of the submission of the application. If he
15-10 determines that the application is not complete, he shall notify the applicant
15-11 of the additional information required. The applicant shall be deemed to be
15-12 registered as of the date of the initial submission of the application if the
15-13 additional information is provided within 15 days after the notice for the
15-14 additional information is mailed. If the applicant has not provided the
15-15 additional information within 15 days after the notice for the additional
15-16 information is mailed, the incomplete application is void. Any notification
15-17 required by this subsection must be given by mail at the mailing address on
15-18 the application not more than 7 working days after the determination is
15-19 made concerning whether the application is complete.
15-20 5. The county clerk shall use any form submitted to the department to
15-21 correct information on a driver’s license or identification card to correct
15-22 information in the registrar of voters’ register, unless the person indicates
15-23 on the form that the correction is not to be used for the purposes of voter
15-24 registration. The department shall forward each such form to the county
15-25 clerk or, if applicable, to the registrar of voters of the county in which the
15-26 person resides in the same manner provided by subsection 3 for
15-27 applications to register to vote.
15-28 6. Upon receipt of a form to correct information, the county clerk shall
15-29 compare the information to that contained in the registrar of voters’
15-30 register. If the person is a registered voter, the county clerk shall correct the
15-31 information to reflect any changes indicated on the form. After making any
15-32 changes, the county clerk shall notify the person by mail that his records
15-33 have been corrected.
15-34 7. The secretary of state shall, with the approval of the director, adopt
15-35 regulations to:
15-36 (a) Establish any procedure necessary to provide an elector who applies
15-37 to register to vote pursuant to this section the opportunity to do so;
15-38 (b) Prescribe the contents of any forms or applications which the
15-39 department is required to distribute pursuant to this section; and
15-40 (c) Provide for the transfer of the completed applications of registration
15-41 from the department to the appropriate county clerk for inclusion in the
15-42 election board registers and registrar of voters’ register.
15-43 Sec. 26. NRS 293.558 is hereby amended to read as follows:
15-44 293.558 1. The county clerk shall not disclose the identification
15-45 number of a registered voter to the public, including, without limitation:
15-46 (a) In response to an inquiry received by the county clerk; or
15-47 (b) By inclusion on any list of registered voters made available for
15-48 public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290
15-49 or 293C.542.
16-1 2. A registered voter may submit a written request to the county clerk
16-2 to have his address and telephone number withheld from the public. Upon
16-3 receipt of such a request, the county clerk shall not disclose the address
16-4 or telephone number of the registered voter to the public, including,
16-5 without limitation:
16-6 (a) In response to an inquiry received by the county clerk; or
16-7 (b) By inclusion on any list of registered voters made available for
16-8 public inspection pursuant to NRS 293.301, 293.440, 293.557 [and
16-9 293C.290.
16-10 2. After the county clerk receives a request from a registered voter
16-11 pursuant to subsection 1, the person’s address must be withheld from any
16-12 such list.] , 293C.290 or 293C.542.
16-13 3. No information other than the address , telephone number and
16-14 identification number of a registered voter may be withheld from [a list of
16-15 registered voters.] the public.
16-16 Sec. 27. NRS 293.565 is hereby amended to read as follows:
16-17 293.565 1. Except as otherwise provided in subsection 2, sample
16-18 ballots must include:
16-19 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
16-20 for each proposed constitutional amendment or statewide measure;
16-21 (b) An explanation, as provided pursuant to NRS 218.443, of each
16-22 proposed constitutional amendment or statewide measure, including
16-23 arguments for and against it; and
16-24 (c) The full text of each proposed constitutional amendment.
16-25 2. Sample ballots that are mailed to registered voters may be printed
16-26 without the full text of each proposed constitutional amendment if:
16-27 (a) The cost of printing the sample ballots would be significantly
16-28 reduced if the full text of each proposed constitutional amendment were
16-29 not included;
16-30 (b) The county clerk ensures that a sample ballot that includes the full
16-31 text of each proposed constitutional amendment is provided at no charge to
16-32 each registered voter who requests such a sample ballot; and
16-33 (c) The sample ballots provided to each polling place include the full
16-34 text of each proposed constitutional amendment.
16-35 3. At least 10 days before any election, the county clerk shall cause to
16-36 be mailed to each registered voter in the county a sample ballot for his
16-37 precinct with a notice informing the voter of the location of his polling
16-38 place. If the location of the polling place has changed since the last
16-39 election:
16-40 (a) The county clerk shall mail a notice of the change to each registered
16-41 voter in the county not sooner than 10 days before mailing the sample
16-42 ballots; or
16-43 (b) The sample ballot must also include a notice in at least 10-point bold
16-44 type immediately above the location which states:
16-45 NOTICE: THE LOCATION OF YOUR POLLING PLACE
16-46 HAS CHANGED SINCE THE LAST ELECTION
17-1 4. [The county clerk shall include in each sample ballot for a primary
17-2 election, a separate page on which is printed a list of the offices and
17-3 candidates for those offices for which there is no opposition.
17-4 5.] The cost of mailing sample ballots for any election other than a
17-5 primary or general election must be borne by the political subdivision
17-6 holding the election.
17-7 Sec. 28. NRS 293C.267 is hereby amended to read as follows:
17-8 293C.267 1. Except as otherwise provided in subsection 2 and NRS
17-9 293C.297, at all elections held pursuant to the provisions of this chapter,
17-10 the polls must open at 7 a.m. and close at 7 p.m.
17-11 2. Whenever at any election all the votes of the precinct or district, as
17-12 shown on the [checklist and] roster, have been cast, the election board
17-13 officers shall close the polls and the counting of votes must begin and
17-14 continue without unnecessary delay until the count is completed.
17-15 3. Upon opening the polls, one of the election board officers shall
17-16 cause a proclamation to be made so that all present may be aware of the
17-17 fact that applications of registered voters to vote will be received.
17-18 4. No person other than election board officers engaged in receiving,
17-19 preparing or depositing ballots may be permitted inside the guardrail
17-20 during the time the polls are open, except by authority of the election board
17-21 as necessary to keep order and carry out the provisions of this chapter.
17-22 Sec. 29. NRS 293C.292 is hereby amended to read as follows:
17-23 293C.292 1. A person applying to vote may be challenged:
17-24 (a) Orally by any registered voter of the precinct or district upon the
17-25 ground that he is not the person entitled to vote as claimed or has voted
17-26 before at the same election; or
17-27 (b) On any ground set forth in a challenge filed with the county clerk
17-28 pursuant to the provisions of NRS 293.547.
17-29 2. If a person is challenged, an election board officer shall tender the
17-30 challenged person the following oath or affirmation:
17-31 (a) If the challenge is on the ground that he does not reside at the
17-32 residence for which the address is listed in the election board register, “I
17-33 swear or affirm under penalty of perjury that I reside at the residence for
17-34 which the address is listed in the election board register”;
17-35 (b) If the challenge is on the ground that he previously voted a ballot for
17-36 the election, “I swear or affirm under penalty of perjury that I have not
17-37 voted for any of the candidates or questions included on this ballot for this
17-38 election”; or
17-39 (c) If the challenge is on the ground that he is not the person he claims
17-40 to be, “I swear or affirm under penalty of perjury that I am the person
17-41 whose name is in this election board register.”
17-42 The oath or affirmation must be set forth on a form prepared by the
17-43 secretary of state and signed by the challenged person under penalty of
17-44 perjury.
17-45 3. If the challenged person refuses to execute the oath or affirmation so
17-46 tendered, he must not be issued a ballot, and the officer in charge of the
17-47 election board register shall write the words “Challenged ................”
17-48 opposite his name in the election board register.
18-1 4. If the challenged person refuses to execute the oath or affirmation
18-2 set forth in paragraph (a) of subsection 2, the election board officers shall
18-3 inform him that he is entitled to vote only in the manner prescribed in NRS
18-4 293C.295.
18-5 5. If the challenged person executes the oath or affirmation and the
18-6 challenge is not based on the ground set forth in paragraph (c) of
18-7 subsection 2, the election board officers shall issue him a ballot.
18-8 6. If the challenge is based on the ground set forth in paragraph (a) of
18-9 subsection 2, and the challenged person executes the oath or affirmation,
18-10 the election board shall not issue the person a ballot until he furnishes
18-11 satisfactory identification that contains proof of the address at which he
18-12 actually resides.
18-13 7. If the challenge is based on the ground set forth in paragraph (c) of
18-14 subsection 2 and the challenged person executes the oath or affirmation,
18-15 the election board shall not issue the person a ballot unless he:
18-16 (a) Furnishes official identification which contains a photograph of
18-17 himself, such as his driver’s license or other official document; or
18-18 (b) Brings before the election board officers a person who is at least 18
18-19 years [old] of age who:
18-20 (1) Furnishes official identification which contains a photograph of
18-21 himself, such as his driver’s license or other official document; and
18-22 (2) Executes an oath or affirmation under penalty of perjury that the
18-23 challenged person is who he swears he is.
18-24 8. The election board officers shall record the name of the challenged
18-25 person and the result of the challenge on the challenge list . [, and the
18-26 election board officer in charge of the checklist shall indicate next to the
18-27 name of the challenged person the result of the challenge.]
18-28 Sec. 30. NRS 293C.306 is hereby amended to read as follows:
18-29 293C.306 1. A person who, during the 6 months immediately
18-30 preceding an election, [mails] distributes to more than a total of 500
18-31 registered voters a form to request an absent ballot for the election shall:
18-32 (a) [Mail] Distribute the form prescribed by the secretary of state,
18-33 which must, in 14-point type or larger:
18-34 (1) Identify the person who is [mailing] distributing the form;
18-35 (2) Include a notice stating, “This is a request for an absent ballot.”;
18-36 and
18-37 (3) State that by returning the form , the form will be submitted to the
18-38 city clerk;
18-39 (b) Not later than 14 days before [mailing] distributing such a form,
18-40 [notify] provide written notice to the city clerk of each city to which a form
18-41 will be [mailed] distributed of the number of forms to be [mailed]
18-42 distributed to voters in the city and the date of the [mailing] distribution of
18-43 the forms; and
18-44 (c) Not mail such a form later than 21 days before the election.
18-45 2. The provisions of this section do not authorize a person to vote by
18-46 absent ballot if he is not otherwise eligible to vote by absent ballot.
19-1 Sec. 31. NRS 293C.310 is hereby amended to read as follows:
19-2 293C.310 1. Except as otherwise provided in NRS 293.502 and
19-3 293C.265, a registered voter who provides sufficient written notice to the
19-4 city clerk[,] may vote an absent ballot as provided in this chapter.
19-5 2. A registered voter who:
19-6 (a) Is at least 65 years [old;] of age; or
19-7 (b) Has a physical disability or condition that substantially impairs his
19-8 ability to go to the polling place,
19-9 may request an absent ballot for all elections held during the year he
19-10 requests an absent ballot. The registered voter must include in his request a
19-11 description of his physical disability or condition.
19-12 3. As used in this section, “sufficient written notice” means a:
19-13 (a) Written request for an absent ballot that is signed by the registered
19-14 voter and returned to the city clerk in person or by mail[;] or facsimile
19-15 machine;
19-16 (b) Form prescribed by the secretary of state that is completed and
19-17 signed by the registered voter and returned to the city clerk in person or by
19-18 mail[;] or facsimile machine; or
19-19 (c) Form provided by the Federal Government.
19-20 4. A city clerk shall consider a request from a voter who has given
19-21 sufficient written notice on a form provided by the Federal Government as
19-22 a request for the primary city election and the general city election unless
19-23 otherwise specified in the request.
19-24 5. It is unlawful for a person fraudulently to request an absent ballot in
19-25 the name of another person or to induce or coerce another person
19-26 fraudulently to request an absent ballot in the name of another person. A
19-27 person who violates any provision of this subsection is guilty of a category
19-28 E felony and shall be punished as provided in NRS 193.130.
19-29 Sec. 32. NRS 293C.312 is hereby amended to read as follows:
19-30 293C.312 1. A registered voter referred to in NRS 293C.310 may, at
19-31 any time before 5 p.m. on the [Tuesday] seventh calendar day preceding
19-32 any election, make an application to the city clerk for an absent voter’s
19-33 ballot. The application must be made available for public inspection.
19-34 2. When the voter has identified himself to the satisfaction of the city
19-35 clerk, he is entitled to receive the appropriate ballot or ballots, but only for
19-36 his own use.
19-37 3. A city clerk who allows a person to copy information from an
19-38 application for an absent ballot is immune from any civil or criminal
19-39 liability for any damage caused by the distribution of that information,
19-40 unless he knowingly and willingly allows a person who intends to use the
19-41 information to further an unlawful act to copy the information.
19-42 Sec. 33. NRS 293C.315 is hereby amended to read as follows:
19-43 293C.315 1. Any registered voter of this state who resides outside
19-44 the continental United States may use a facsimile machine to request an
19-45 absent ballot.
19-46 2. The city clerk shall use a facsimile machine to send an absent ballot
19-47 to the registered voter.
19-48 3. The registered voter shall mail his absent ballot to the city clerk.
20-1 4. The secretary of state shall adopt regulations to carry out the
20-2 provisions of this section.
20-3 [5. As used in this section, “facsimile machine” means a device that
20-4 sends or receives a reproduction or facsimile of a document or photograph
20-5 which is transmitted electronically or telephonically by
20-6 telecommunications lines.]
20-7 Sec. 34. NRS 293C.330 is hereby amended to read as follows:
20-8 293C.330 1. When an absent voter receives his ballot, he must mark
20-9 and fold it, if it is a paper ballot, or punch it, if the ballot is voted by
20-10 punching a card, in accordance with the instructions, deposit it in the return
20-11 envelope, seal the envelope, affix his signature on the back of the envelope
20-12 in the space provided therefor and mail the return envelope.
20-13 2. [If the] Except as otherwise provided in subsection 3, if an absent
20-14 voter who has [received] requested a ballot by mail applies to vote the
20-15 ballot in person at:
20-16 (a) The [city clerk’s office,] office of the city clerk, he must mark or
20-17 punch the ballot, seal it in the return envelope and affix his signature in the
20-18 same manner as provided in subsection 1, and deliver the envelope to the
20-19 city clerk.
20-20 (b) A polling place, including, without limitation, a polling place for
20-21 early voting, he must surrender the absent ballot and provide satisfactory
20-22 identification before being issued a ballot to vote at the polling place. A
20-23 person who receives a surrendered absent ballot shall mark it “Canceled.”
20-24 3. If an absent voter who has requested a ballot by mail applies to
20-25 vote in person at the office of the city clerk or a polling place, including,
20-26 without limitation, a polling place for early voting, and the voter does not
20-27 have the absent ballot to deliver or surrender, the voter must be issued a
20-28 ballot to vote if the voter:
20-29 (a) Provides satisfactory identification;
20-30 (b) Is a registered voter who is otherwise entitled to vote; and
20-31 (c) Signs an affirmation under penalty of perjury on a form prepared
20-32 by the secretary of state declaring that the voter has not voted during the
20-33 election.
20-34 4. Except as otherwise provided in NRS 293C.317, it is unlawful for
20-35 any person to return an absent ballot other than the voter who requested the
20-36 absent ballot or, at the request of the voter, a member of his family. A
20-37 person who returns an absent ballot and who is a member of the family of
20-38 the voter who requested the absent ballot shall, under penalty of perjury,
20-39 indicate on a form prescribed by the city clerk that he is a member of the
20-40 family of the voter who requested the absent ballot and that the voter
20-41 requested that he return the absent ballot. A person who violates the
20-42 provisions of this subsection is guilty of a category E felony and shall be
20-43 punished as provided in NRS 193.130.
20-44 Sec. 35. NRS 293C.375 is hereby amended to read as follows:
20-45 293C.375 If paper ballots or ballots which are voted by punching a
20-46 card are used:
20-47 1. After the tally lists have been completed, the [counting board
20-48 officers shall:
21-1 (a) File the voted ballots on a string, enclose and seal them in an
21-2 envelope marked “Election returns, voted ballots.”
21-3 (b) File the rejected ballots on a string, enclose and seal them in an
21-4 envelope marked “Election returns, rejected ballots.”
21-5 (c) Place one of the tally lists for regular ballots and one of the
21-6 pollbooks in an envelope marked “Election returns” and seal the envelope.
21-7 2. The] voted ballots, rejected ballots, tally lists for regular ballots,
21-8 tally list for rejected ballots, challenge list, stubs of used ballots, spoiled
21-9 ballots and unused ballots must be sealed under cover by the counting
21-10 board officers and addressed to the city clerk.
21-11 [3.] 2. The other pollbooks, tally lists and election board register must
21-12 be returned to the city clerk.
21-13 Sec. 36. NRS 293C.390 is hereby amended to read as follows:
21-14 293C.390 1. The voted ballots, rejected ballots, spoiled ballots, [tally
21-15 lists, pollbooks,] challenge lists, voting receipts, records printed on paper
21-16 of voted ballots collected pursuant to NRS 293B.400 , and stubs of the
21-17 ballots used, enclosed and sealed , must, after canvass of the votes by the
21-18 governing body of the city, be deposited in the vaults of the city clerk .
21-19 [and] The tally lists and pollbooks collected pursuant to NRS 293B.400
21-20 must, after canvass of the votes by the governing body of the city, be
21-21 deposited in the vaults of the city clerk without being sealed. All materials
21-22 described by this subsection must be preserved for at least 22 months[. All
21-23 such sealed materials must be] and destroyed immediately after that
21-24 period. A notice of the destruction must be published by the city clerk in at
21-25 least one newspaper of general circulation in the city, or if no newspaper is
21-26 of general circulation in that city, in a newspaper of general circulation in
21-27 the nearest city, not less than 2 weeks before the destruction of the
21-28 materials.
21-29 2. Unused ballots, enclosed and sealed, must, after canvass of the votes
21-30 by the governing body of the city, be deposited in the vaults of the city
21-31 clerk and preserved for at least the period during which the election may be
21-32 contested and adjudicated, after which the unused ballots may be
21-33 destroyed.
21-34 [2.] 3. The pollbooks containing the signatures of those persons who
21-35 voted in the election and the tally lists deposited with the governing body
21-36 of the city are subject to the inspection of any elector who may wish to
21-37 examine them at any time after their deposit with the city clerk.
21-38 [3.] 4. A contestant of an election may inspect all of the material
21-39 relating to that election which is preserved pursuant to subsection 1[,] or 2,
21-40 except the voted ballots.
21-41 [4.] 5. The voted ballots deposited with the city clerk are not subject to
21-42 the inspection of any person, except in a contested election, and only by the
21-43 judge, body or board before whom the election is being contested, or by the
21-44 parties to the contest, jointly, pursuant to an order of the judge, body or
21-45 board.
21-46 Sec. 37. NRS 293C.530 is hereby amended to read as follows:
21-47 293C.530 1. At least 10 days before an election, the city clerk shall
21-48 cause to be mailed to each registered voter in the city a sample ballot for
21-49 his precinct with a notice informing the voter of the location of his polling
22-1 place. If the location of the polling place has changed since the last
22-2 election:
22-3 (a) The city clerk shall mail a notice of the change to each registered
22-4 voter in the city not sooner than 10 days before mailing the sample ballots;
22-5 or
22-6 (b) The sample ballot must also include a notice in at least 10-point bold
22-7 type immediately above the location which states:
22-8 NOTICE: THE LOCATION OF YOUR POLLING PLACE
22-9 HAS CHANGED SINCE THE LAST ELECTION
22-10 2. [The city clerk shall include in each sample ballot for a primary city
22-11 election, a separate page on which is printed a list of the offices and
22-12 candidates for those offices for which there is no opposition.
22-13 3.] The cost of mailing sample ballots for a city election must be borne
22-14 by the city holding the election.
22-15 Sec. 38. NRS 293C.540 is hereby amended to read as follows:
22-16 293C.540 Not later than 3 days before the day on which any regular or
22-17 special city election is held, the county clerk shall deliver to the city
22-18 clerk[:
22-19 1. The] the official register for the city.
22-20 [2. The checklists for each ward or voting district therein.]
22-21 Sec. 39. Chapter 295 of NRS is hereby amended by adding thereto the
22-22 provisions set forth as sections 40 to 44, inclusive, of this act.
22-23 Sec. 40. 1. Upon submission of a petition containing signatures
22-24 that are required to be verified pursuant to NRS 295.095, 295.140 or
22-25 295.205, the county or city clerk shall determine the total number of
22-26 signatures on the petition.
22-27 2. If the county or city clerk finds that the total number of signatures
22-28 on the petition is:
22-29 (a) One hundred percent or more of the required number of
22-30 signatures of registered voters, the county or city clerk shall examine the
22-31 signatures for verification as provided in section 41 of this act.
22-32 (b) Less than 100 percent of the required number of signatures of
22-33 registered voters:
22-34 (1) The petition shall be deemed insufficient; and
22-35 (2) The county or city clerk shall not examine the signatures for
22-36 verification as provided in section 41 of this act.
22-37 Sec. 41. 1. If the total number of signatures on the petition is 500
22-38 or less, the county or city clerk shall examine every signature on the
22-39 petition for verification.
22-40 2. Except as otherwise provided in this subsection, if the total
22-41 number of signatures on the petition is more than 500, the county or city
22-42 clerk shall examine the signatures only by sampling them at random for
22-43 verification. The random sample of signatures to be verified must be
22-44 drawn in such a manner that every signature which has been submitted
22-45 to the county or city clerk is given an equal opportunity to be included in
22-46 the sample. The sample must include an examination of at least 500, or 5
22-47 percent, of the signatures, whichever is greater. If the examination of the
23-1 random sample shows that the number of valid signatures is less than 90
23-2 percent of the number of signatures of registered voters needed to certify
23-3 the petition sufficient, the petition must be certified insufficient pursuant
23-4 to subsection 5. If the examination of the random sample shows that the
23-5 number of valid signatures is 90 percent or more but less than 100
23-6 percent of the number of signatures of registered voters needed to certify
23-7 the petition sufficient, the county or city clerk shall continue to examine
23-8 the signatures for verification until he has:
23-9 (a) Determined that 100 percent of the number of signatures of
23-10 registered voters needed to certify the petition sufficient are valid; or
23-11 (b) Examined every signature for verification.
23-12 3. In determining from the records of registration the number of
23-13 registered voters who have signed the petition, and in examining the
23-14 signatures on the petition for verification, the county or city clerk may
23-15 use any file or list of registered voters maintained by his office or
23-16 facsimiles of the signatures of voters. If the county or city clerk uses the
23-17 file of applications to register to vote, he shall ensure that every
23-18 application in the file is examined, including any application in his
23-19 possession which may not yet be entered into his records. The county or
23-20 city clerk may rely on the appearance of the signature, and the address
23-21 and date included with each signature, in making his determination.
23-22 Notwithstanding the provisions of this subsection, a petition must not be
23-23 certified insufficient for lack of the required number of valid signatures
23-24 if, in the absence of other proof of disqualification, any signature on the
23-25 face thereof does not exactly correspond with the signature appearing on
23-26 the file or list of registered voters used by the county or city clerk and the
23-27 identity of the signer can be ascertained from the face of the petition.
23-28 4. If necessary, the board of county commissioners or the governing
23-29 body of the city shall allow the county or city clerk additional assistants
23-30 for examining the signatures and provide for their compensation.
23-31 5. If, pursuant to the examination of signatures for verification as
23-32 required by this section, the number of valid signatures is:
23-33 (a) One hundred percent or more of the number of signatures of
23-34 registered voters needed to certify the petition sufficient, the petition must
23-35 be certified sufficient.
23-36 (b) Less than 100 percent of the number of signatures of registered
23-37 voters needed to certify the petition sufficient, the petition must be
23-38 certified insufficient.
23-39 Sec. 42. 1. Upon the determination of the sufficiency or
23-40 insufficiency of the petition pursuant to section 40 or 41 of this act, the
23-41 county or city clerk shall:
23-42 (a) Attach a certificate to the petition indicating the date and the
23-43 sufficiency or insufficiency of the petition;
23-44 (b) If the petition is certified insufficient, specify the deficiencies in
23-45 the petition that render it insufficient;
23-46 (c) If the petition was submitted pursuant to NRS 295.095 or 295.205,
23-47 promptly send a copy of the certificate by registered or certified mail to
23-48 the petitioners’ committee;
24-1 (d) If the petition was submitted pursuant to NRS 295.140, promptly
24-2 send a copy of the certificate by registered or certified mail to the person
24-3 who submitted the petition; and
24-4 (e) Retain the petition and the original certificate at the office of the
24-5 county or city clerk.
24-6 2. The petition shall be deemed filed with the county or city clerk as
24-7 of the date of the certificate showing the petition to be validly signed by
24-8 the number of registered voters needed to certify the petition sufficient.
24-9 Sec. 43. After the submission of the petition to the county or city
24-10 clerk for verification pursuant to sections 40 to 44, inclusive, of this act,
24-11 the petition must not be handled by any person other than an employee of
24-12 the office of the county or city clerk until the county or city clerk has
24-13 attached a certificate to the petition pursuant to section 42 of this act.
24-14 Sec. 44. The county or city clerk shall allow the person who
24-15 submitted the petition or a member of the petitioners’ committee, if any,
24-16 to witness:
24-17 1. The determination of the total number of signatures on the
24-18 petition; and
24-19 2. The examination of the signatures on the petition for verification.
24-20 Sec. 45. NRS 295.055 is hereby amended to read as follows:
24-21 295.055 1. The secretary of state shall by regulation specify:
24-22 (a) The format for the signatures on a petition for an initiative or
24-23 referendum and make free specimens of the format available upon request.
24-24 Each signature must be dated.
24-25 (b) The manner of fastening together several sheets circulated by one
24-26 person to constitute a single document.
24-27 2. Each document of the petition must bear the name of a county, and
24-28 only registered voters of that county may sign the document.
24-29 3. A person who signs a petition may request that the county clerk
24-30 remove his name from it by transmitting his request in writing to the
24-31 county clerk at any time before the petition is filed with the county clerk.
24-32 Sec. 46. NRS 295.095 is hereby amended to read as follows:
24-33 295.095 1. Any five registered voters of the county may commence
24-34 initiative or referendum proceedings by filing with the county clerk an
24-35 affidavit stating they will constitute the petitioners’ committee and be
24-36 responsible for circulating the petition and filing it in proper form, stating
24-37 their names and addresses and specifying the address to which all notices
24-38 to the committee are to be sent, and setting out in full the proposed
24-39 initiative ordinance or citing the ordinance sought to be reconsidered.
24-40 2. Initiative petitions must be signed by a number of registered voters
24-41 of the county equal to 15 percent or more of the number of voters who
24-42 voted at the last preceding general election in the county.
24-43 3. Referendum petitions must be signed by a number of registered
24-44 voters of the county equal to 10 percent or more of the number of voters
24-45 who voted at the last preceding general election in the county.
24-46 4. A petition must be [filed] submitted to the county clerk for
24-47 verification, pursuant to sections 40 to 44, inclusive, of this act, not later
24-48 than:
25-1 (a) One hundred and eighty days after the date that the affidavit required
25-2 by subsection 1 is filed with the county clerk; or
25-3 (b) One hundred and thirty days before the election,
25-4 whichever is earlier.
25-5 5. A petition may consist of more than one document, but all
25-6 documents of a petition must be uniform in size and style, numbered and
25-7 assembled as one instrument for [filing.] submission. Each signature must
25-8 be executed in ink or indelible pencil and followed by the address of the
25-9 person signing and the date on which he signed the petition. All signatures
25-10 on a petition must be obtained within the period specified in paragraph (a)
25-11 of subsection 4. Each document must contain , or have attached thereto
25-12 throughout its circulation , the full text of the ordinance proposed or sought
25-13 to be reconsidered.
25-14 6. Each document of a petition must have attached to it when [filed]
25-15 submitted an affidavit executed by the circulator thereof stating:
25-16 (a) That he personally circulated the document;
25-17 (b) The number of signatures thereon;
25-18 (c) That all the signatures were affixed in his presence;
25-19 (d) That he believes them to be genuine signatures of the persons whose
25-20 names they purport to be; and
25-21 (e) That each signer had an opportunity before signing to read the full
25-22 text of the ordinance proposed or sought to be reconsidered.
25-23 7. The county clerk shall issue a receipt to any person who submits a
25-24 petition pursuant to this section. The receipt must set forth the number of:
25-25 (a) Documents included in the petition;
25-26 (b) Pages in each document; and
25-27 (c) Signatures that the person declares are included in the petition.
25-28 Sec. 47. NRS 295.105 is hereby amended to read as follows:
25-29 295.105 1. Within 20 days after the petition is [filed,] submitted to
25-30 the county clerk pursuant to NRS 295.095, the county clerk shall
25-31 complete a certificate as to its sufficiency . [, specifying, if it is insufficient,
25-32 the particulars wherein it is defective and shall promptly send a copy of the
25-33 certificate to the petitioners’ committee by registered or certified mail.
25-34 2. A petition must not be certified insufficient for lack of the required
25-35 number of valid signatures if, in the absence of other proof of
25-36 disqualification, any signature on the face thereof does not exactly
25-37 correspond with the signature appearing on the official register of voters
25-38 and the identity of the signer can be ascertained from the face of the
25-39 petition. A petition certified insufficient for lack of the required number of
25-40 valid signatures may be amended once if the petitioners’ committee files a
25-41 notice of intention to amend it with the county clerk within 2 days after
25-42 receiving the copy of his certificate and files a supplementary petition upon
25-43 additional papers within 10 days after receiving the copy of the certificate.
25-44 A supplementary petition must comply with the requirements of
25-45 subsections 5 and 6 of NRS 295.095, and within 5 days after it is filed the
25-46 county clerk shall complete a certificate as to the sufficiency of the petition
25-47 as amended and promptly send a copy of the certificate to the petitioners’
25-48 committee by registered or certified mail.
26-1 3.] 2. If a petition [or amended petition] is certified sufficient, or if a
26-2 petition [or amended petition] is certified insufficient and the petitioners’
26-3 committee does not elect to [amend or] request board review under
26-4 subsection [4] 3 within the time required, the county clerk shall promptly
26-5 present his certificate to the board and the certificate is a final
26-6 determination as to the sufficiency of the petition.
26-7 [4.] 3. If a [petition has been certified insufficient and the petitioners’
26-8 committee does not file notice of intention to amend it or if an amended]
26-9 petition has been certified insufficient, the committee may, within 2 days
26-10 after receiving a copy of the certificate, file a request that it be reviewed by
26-11 the board. The board shall review the certificate at its next meeting
26-12 following the filing of the request and approve or disapprove it, and the
26-13 determination of the board is a final determination as to the sufficiency of
26-14 the petition.
26-15 [5.] 4. A final determination as to the sufficiency of a petition is
26-16 subject to [court] judicial review. A final determination of insufficiency,
26-17 even if sustained upon [court] judicial review, does not prejudice the filing
26-18 of a new petition for the same purpose.
26-19 Sec. 48. NRS 295.115 is hereby amended to read as follows:
26-20 295.115 1. When an initiative or referendum petition has been finally
26-21 determined sufficient, the board shall promptly consider the proposed
26-22 initiative ordinance in the manner provided by law for the consideration of
26-23 ordinances generally or reconsider the referred ordinance by voting its
26-24 repeal. If , within 30 days after the date the petition was finally
26-25 determined sufficient, the board fails to adopt [a] the proposed initiative
26-26 ordinance without any change in substance [within 60 days] or fails to
26-27 repeal the referred ordinance [within 30 days after the date the petition was
26-28 finally determined sufficient, it] , the board shall submit the proposed or
26-29 referred ordinance to the registered voters of the county.
26-30 2. The vote of the county on [a] the proposed or referred ordinance
26-31 must be held at the next primary or general election. Copies of the
26-32 proposed or referred ordinance must be made available at the polls.
26-33 3. An initiative or referendum petition may be withdrawn at any time
26-34 before the 30th day preceding the day scheduled for a vote of the county or
26-35 the deadline for placing questions on the ballot, whichever is earlier, by
26-36 filing with the county clerk a request for withdrawal signed by at least four
26-37 members of the petitioners’ original committee. Upon the filing of that
26-38 request, the petition has no further effect and all proceedings thereon must
26-39 be terminated.
26-40 Sec. 49. NRS 295.140 is hereby amended to read as follows:
26-41 295.140 1. Whenever 10 percent or more of the registered voters of
26-42 any county of this state, as shown by the number of registered voters who
26-43 voted at the last preceding general election, express their wish that any act
26-44 or resolution enacted by the legislature, and pertaining to that county only,
26-45 be submitted to the vote of the people, they shall [file with] submit to the
26-46 county clerk[, not less than 4 months before the time set for the next
26-47 succeeding general election,] a petition, which must contain the names and
26-48 residence addresses of at least 10 percent of the registered voters of that
26-49 county, demanding that a referendum vote be had by the people of the
27-1 county at the next primary or general election upon the act or resolution on
27-2 which the referendum is demanded.
27-3 2. A petition must be submitted to the county clerk for verification,
27-4 pursuant to sections 40 to 44, inclusive, of this act, not later than 4
27-5 months before the time set for the next succeeding general election.
27-6 3. A petition may consist of more than one document, but all
27-7 documents of a petition must be uniform in size and style, numbered and
27-8 assembled as one instrument for submission. Each signature must be
27-9 executed in ink or indelible pencil and followed by the address of the
27-10 person signing and the date on which he signed the petition. Each
27-11 document must contain, or have attached thereto throughout its
27-12 circulation, the full text of the act or resolution on which the referendum
27-13 is demanded.
27-14 4. Each document of a petition must have attached to it when
27-15 submitted an affidavit executed by the circulator thereof stating:
27-16 (a) That he personally circulated the document;
27-17 (b) The number of signatures thereon;
27-18 (c) That all the signatures were affixed in his presence;
27-19 (d) That he believes them to be genuine signatures of the persons
27-20 whose names they purport to be; and
27-21 (e) That each signer had an opportunity before signing to read the full
27-22 text of the act or resolution on which the referendum is demanded.
27-23 5. The county clerk shall issue a receipt to any person who submits a
27-24 petition pursuant to this section. The receipt must set forth the number
27-25 of:
27-26 (a) Documents included in the petition;
27-27 (b) Pages in each document; and
27-28 (c) Signatures that the person declares are included in the petition.
27-29 6. Within 20 days after a petition is submitted, the county clerk shall
27-30 complete a certificate as to its sufficiency. Unless a request for review is
27-31 filed pursuant to subsection 7, the certificate is a final determination as
27-32 to the sufficiency of the petition.
27-33 7. If a petition is certified insufficient, the person who submitted the
27-34 petition may, within 2 days after receiving a copy of the certificate, file a
27-35 request that it be reviewed by the board of county commissioners. The
27-36 board shall review the certificate at its next meeting following the filing
27-37 of the request and approve or disapprove it, and the determination of the
27-38 board is a final determination as to the sufficiency of the petition.
27-39 8. A final determination as to the sufficiency of a petition is subject
27-40 to judicial review. A final determination of insufficiency, even if
27-41 sustained upon judicial review, does not prejudice the filing of a new
27-42 petition for the same purpose.
27-43 Sec. 50. NRS 295.160 is hereby amended to read as follows:
27-44 295.160 1. [The] If the petition is determined to be sufficient, the
27-45 county clerk shall [file the petition upon its receipt by him. At] , at the next
27-46 primary or general election , [he shall] submit the act or resolution, by
27-47 appropriate questions on the ballot, for the approval or disapproval of the
27-48 people of that county.
28-1 2. The county clerk shall publish those questions in accordance with
28-2 the provisions of law requiring county clerks to publish questions and
28-3 proposed constitutional amendments which are to be submitted for popular
28-4 vote.
28-5 Sec. 51. NRS 295.205 is hereby amended to read as follows:
28-6 295.205 1. Any five registered voters of the city may commence
28-7 initiative or referendum proceedings by filing with the city clerk an
28-8 affidavit:
28-9 (a) Stating they will constitute the petitioners’ committee and be
28-10 responsible for circulating the petition and filing it in proper form;
28-11 (b) Stating their names and addresses;
28-12 (c) Specifying the address to which all notices to the committee are to
28-13 be sent; and
28-14 (d) Setting out in full the proposed initiative ordinance or citing the
28-15 ordinance sought to be reconsidered.
28-16 2. Initiative petitions must be signed by a number of registered voters
28-17 of the city equal to 15 percent or more of the number of voters who voted
28-18 at the last preceding city election.
28-19 3. Referendum petitions must be signed by a number of registered
28-20 voters of the city equal to 10 percent or more of the number of voters who
28-21 voted at the last preceding city election.
28-22 4. A petition must be [filed] submitted to the city clerk for
28-23 verification, pursuant to sections 40 to 44, inclusive, of this act, not later
28-24 than:
28-25 (a) One hundred and eighty days after the date that the affidavit required
28-26 by subsection 1 is filed with the city clerk; or
28-27 (b) One hundred and thirty days before the election,
28-28 whichever is earlier.
28-29 5. A petition may consist of more than one document, but all
28-30 documents of a petition must be uniform in size and style, numbered and
28-31 assembled as one instrument for [filing.] submission. Each signature must
28-32 be executed in ink or indelible pencil and followed by the address of the
28-33 person signing and the date on which he signed the petition. All signatures
28-34 on a petition must be obtained within the period specified in paragraph (a)
28-35 of subsection 4. Each document must contain , or have attached thereto
28-36 throughout its circulation , the full text of the ordinance proposed or sought
28-37 to be reconsidered.
28-38 6. Each document of a petition must have attached to it when [filed]
28-39 submitted an affidavit executed by the circulator thereof stating:
28-40 (a) That he personally circulated the document;
28-41 (b) The number of signatures thereon;
28-42 (c) That all the signatures were affixed in his presence;
28-43 (d) That he believes them to be genuine signatures of the persons whose
28-44 names they purport to be; and
28-45 (e) That each signer had an opportunity before signing to read the full
28-46 text of the ordinance proposed or sought to be reconsidered.
28-47 7. The city clerk shall issue a receipt to any person who submits a
28-48 petition pursuant to this section. The receipt must set forth the number of:
28-49 (a) Documents included in the petition;
29-1 (b) Pages in each document; and
29-2 (c) Signatures that the person declares are included in the petition.
29-3 Sec. 52. NRS 295.210 is hereby amended to read as follows:
29-4 295.210 1. Within 20 days after the petition is [filed,] submitted to
29-5 the city clerk pursuant to NRS 295.205, the city clerk shall [examine the
29-6 signatures thereon,] complete a certificate as to its sufficiency . [,
29-7 specifying, if it is insufficient, the particulars wherein it is defective and
29-8 shall promptly send a copy of the certificate to the petitioners’ committee
29-9 by registered or certified mail.
29-10 2. If more than 500 names are signed on the documents filed with him,
29-11 the city clerk must examine the signatures by sampling them randomly for
29-12 verification. The random sample of signatures to be verified must be drawn
29-13 in such a manner that every signature which has been submitted to the city
29-14 clerk is given an equal opportunity to be included in the sample. The
29-15 sample must include an examination of at least 500 signatures or 5 percent
29-16 of the signatures, whichever is greater.
29-17 3. A petition must not be certified insufficient for lack of the required
29-18 number of valid signatures if, in the absence of other proof of
29-19 disqualification, any signature on the face thereof does not exactly
29-20 correspond with the signature appearing on the official register of voters
29-21 and the identity of the signer can be ascertained from the face of the
29-22 petition. A petition certified insufficient for lack of the required number of
29-23 valid signatures may be amended once if the petitioners’ committee files a
29-24 notice of intention to amend it with the city clerk within 2 days after
29-25 receiving the copy of his certificate and files a supplementary petition upon
29-26 additional papers within 10 days after receiving the copy of the certificate.
29-27 A supplementary petition must comply with the requirements of
29-28 subsections 5 and 6 of NRS 295.205, and within 5 days after it is filed the
29-29 city clerk shall complete a certificate as to the sufficiency of the petition as
29-30 amended and promptly send a copy of the certificate to the petitioners’
29-31 committee by registered or certified mail.
29-32 4.] 2. If a petition [or amended petition] is certified sufficient, or if a
29-33 petition [or amended petition] is certified insufficient and the petitioners’
29-34 committee does not elect to [amend or] request council review under
29-35 subsection [5] 3 within the time required, the city clerk must promptly
29-36 present his certificate to the council and the certificate is a final
29-37 determination as to the sufficiency of the petition.
29-38 [5.] 3. If a [petition has been certified insufficient and the petitioners’
29-39 committee does not file notice of intention to amend it or if an amended]
29-40 petition has been certified insufficient, the committee may, within 2 days
29-41 after receiving the copy of the certificate, file a request that it be reviewed
29-42 by the council. The council shall review the certificate at its next meeting
29-43 following the filing of the request and approve or disapprove it, and the
29-44 council’s determination is a final determination as to the sufficiency of the
29-45 petition.
29-46 [6.] 4. A final determination as to the sufficiency of a petition is
29-47 subject to [court] judicial review. A final determination of insufficiency,
29-48 even if sustained upon [court] judicial review, does not prejudice the filing
29-49 of a new petition for the same purpose.
30-1 Sec. 53. NRS 295.215 is hereby amended to read as follows:
30-2 295.215 1. When an initiative or referendum petition has been finally
30-3 determined sufficient, the council shall promptly consider the proposed
30-4 initiative ordinance in the manner provided by law for the consideration of
30-5 ordinances generally or reconsider the referred ordinance by voting its
30-6 repeal. If , within 30 days after the date the petition was finally
30-7 determined sufficient, the council fails to adopt [a] the proposed initiative
30-8 ordinance without any change in substance [within 60 days] or fails to
30-9 repeal the referred ordinance [within 30 days after the date the petition was
30-10 finally determined sufficient, it] , the council shall submit the proposed or
30-11 referred ordinance to the registered voters of the city.
30-12 2. The vote of the city on [a] the proposed or referred ordinance must
30-13 be held at the next primary or general city election or primary or general
30-14 election. Copies of the proposed or referred ordinance must be made
30-15 available at the polls.
30-16 3. An initiative or referendum petition may be withdrawn at any time
30-17 before the 30th day preceding the day scheduled for a vote of the city or
30-18 the deadline for placing questions on the ballot, whichever is earlier, by
30-19 filing with the city clerk a request for withdrawal signed by at least four
30-20 members of the petitioners’ original committee. Upon the filing of that
30-21 request the petition has no further effect and all proceedings thereon must
30-22 be terminated.
30-23 Sec. 54. NRS 306.015 is hereby amended to read as follows:
30-24 306.015 1. Before a petition to recall a public officer is circulated,
30-25 the persons proposing to circulate the petition must file a notice of intent
30-26 with the filing officer.
30-27 2. The notice of intent:
30-28 (a) Must be signed by three registered voters who actually voted in this
30-29 state or in the county, district or municipality electing the officer at the last
30-30 preceding general election.
30-31 (b) Must be signed before a person authorized by law to administer
30-32 oaths that the statements and signatures contained in the notice are true.
30-33 (c) Is valid until the date on which the call for a special election is
30-34 issued, as set forth in NRS 306.040.
30-35 3. The petition may consist of more than one document. The persons
30-36 filing the notice of intent shall submit the petition that was circulated for
30-37 signatures to the filing officer within 60 days after the date on which the
30-38 notice of intent was filed. The filing officer shall immediately submit the
30-39 petition to the county clerk for verification pursuant to NRS 306.035. Any
30-40 person who fails to [file] submit the petition to the filing officer as
30-41 required by this subsection is guilty of a misdemeanor. Copies of the
30-42 petition are not valid for any subsequent petition.
30-43 4. The county clerk shall, upon completing the verification of the
30-44 signatures on the petition, file the petition with the filing officer.
30-45 5. Any person who signs a petition to recall any public officer may
30-46 request that the county clerk remove his name from the petition by
30-47 submitting a request in writing to the county clerk at any time before the
30-48 petition is submitted for the verification of the signatures thereon pursuant
30-49 to NRS 306.035.
31-1 6. A person who signs a notice of intent pursuant to subsection 1 or a
31-2 petition to recall a public officer is immune from civil liability for conduct
31-3 related to the exercise of his right to participate in the recall of a public
31-4 officer.
31-5 7. As used in this section, “filing officer” means the officer with whom
31-6 the public officer to be recalled filed his declaration of candidacy or
31-7 acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.
31-8 Sec. 55. NRS 306.040 is hereby amended to read as follows:
31-9 306.040 1. Upon determining that the number of signatures on a
31-10 petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,
31-11 inclusive, the secretary of state shall notify the county clerk, the officer
31-12 with whom the petition is to be filed pursuant to subsection 4 of NRS
31-13 306.015 and the public officer who is the subject of the petition.
31-14 2. After the verification of signatures is complete, but not later than the
31-15 date a complaint is filed pursuant to subsection 5 or the date the call for a
31-16 special election is issued, whichever is earlier, a person who signs a
31-17 petition to recall may request the secretary of state to strike his name from
31-18 the petition. If the person demonstrates good cause therefor [,] and the
31-19 number of such requests received by the secretary of state could affect
31-20 the sufficiency of the petition, the secretary of state shall strike [his] the
31-21 name of the person from the petition.
31-22 3. Not sooner than 10 days nor more than 20 days after the secretary of
31-23 state completes the notification required by subsection 1, if a complaint is
31-24 not filed pursuant to subsection 5, the officer with whom the petition is
31-25 filed shall issue a call for a special election in the jurisdiction in which the
31-26 public officer who is the subject of the petition was elected to determine
31-27 whether the people will recall him.
31-28 4. The call for a special election pursuant to subsection 3 or 6 must
31-29 include, without limitation:
31-30 (a) The last day on which a person may register to vote to qualify to
31-31 vote in the special election; and
31-32 (b) The last day on which a petition to nominate other candidates for the
31-33 office may be filed.
31-34 5. The legal sufficiency of the petition may be challenged by filing a
31-35 complaint in district court not later than 5 days, Saturdays, Sundays and
31-36 holidays excluded, after the secretary of state completes the notification
31-37 required by subsection 1. All affidavits and documents in support of the
31-38 challenge must be filed with the complaint. The court shall set the matter
31-39 for hearing not later than 30 days after the complaint is filed and shall give
31-40 priority to such a complaint over all other matters pending with the court,
31-41 except for criminal proceedings.
31-42 6. Upon the conclusion of the hearing, if the court determines that the
31-43 petition is sufficient, it shall order the officer with whom the petition is
31-44 filed to issue a call for a special election in the jurisdiction in which the
31-45 public officer who is the subject of the petition was elected to determine
31-46 whether the people will recall him. If the court determines that the petition
31-47 is not sufficient, it shall order the officer with whom the petition is filed to
31-48 cease any further proceedings regarding the petition.
32-1 Sec. 56. Chapter 283 of NRS is hereby amended by adding thereto a
32-2 new section to read as follows:
32-3 1. Upon making an appointment to fill a vacancy in an elected office,
32-4 the appointing authority shall notify the filing officer for that elected
32-5 office. The notice must include:
32-6 (a) The name, residence address and telephone number of the
32-7 appointed person;
32-8 (b) The political party of the appointed person; and
32-9 (c) The term of the appointment.
32-10 2. This section applies to each appointment to fill a vacancy in an
32-11 elected office, including, without limitation, the initial appointment to fill
32-12 a vacancy in a newly created elected office.
32-13 3. As used in this section, “filing officer” has the meaning ascribed
32-14 to it in NRS 293.057.
32-15 Sec. 57. Section 5.070 of the charter of the City of Caliente, being
32-16 chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read
32-17 as follows:
32-18 Sec. 5.070 Availability of lists of registered voters. If, for any
32-19 purpose relating to a municipal election or to candidates or issues
32-20 involved in such an election, any organization, group or person
32-21 requests a list of registered voters of the city, the department, office or
32-22 agency which has custody of the official register of voters shall ,
32-23 except as otherwise provided in NRS 293.558, either permit the
32-24 organization, group or person to copy the voters’ names and addresses
32-25 from the official register of voters or furnish such a list.
32-26 Sec. 58. Section 5.060 of the charter of the City of Carlin, being
32-27 chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to
32-28 read as follows:
32-29 Sec. 5.060 Availability of lists of registered voters. If, for any
32-30 purpose relating to a municipal election or to candidates or issues
32-31 involved in such an election, any organization, group or person
32-32 requests a list of registered voters of the city, the department, office or
32-33 agency which has custody of the official register of voters shall ,
32-34 except as otherwise provided in NRS 293.558, either permit the
32-35 organization, group or person to copy the voters’ names and addresses
32-36 from the official register of voters or furnish such a list.
32-37 Sec. 59. Section 5.070 of the charter of Carson City, being chapter
32-38 213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of
32-39 Nevada 1985, at page 478, is hereby amended to read as follows:
32-40 Sec. 5.070 Availability of list of registered voters. If, for any
32-41 purpose relating to a municipal election or to the candidates or issues
32-42 involved in that election, any organization, group or person requests a
32-43 list of the registered voters of Carson City, the department, office or
32-44 agency which has custody of the official register of voters shall[:] ,
32-45 except as otherwise provided in NRS 293.558:
32-46 1. Permit the organization, group or person to copy the voters’
32-47 names and addresses from the official register of voters; or
32-48 2. Furnish the list upon payment of the fee which is prescribed in
32-49 chapter 293 of NRS.
33-1 Sec. 60. Section 5.060 of the charter of the City of Elko, being chapter
33-2 276, Statutes of Nevada 1971, at page 489, is hereby amended to read as
33-3 follows:
33-4 Sec. 5.060 Availability of lists of registered voters. If, for any
33-5 purpose relating to a municipal election or to candidates or issues
33-6 involved in such an election, any organization, group or person
33-7 requests a list of registered voters of the city, the department, office or
33-8 agency which has custody of the official register of voters shall ,
33-9 except as otherwise provided in NRS 293.558, either permit the
33-10 organization, group or person to copy the voters’ names and addresses
33-11 from the official register of voters or furnish such a list.
33-12 Sec. 61. Section 5.060 of the charter of the City of Gabbs, being
33-13 chapter 265, Statutes of Nevada 1971, at page 397, is hereby amended to
33-14 read as follows:
33-15 Sec. 5.060 Availability of lists of registered voters. If , for any
33-16 purpose relating to a municipal election or to candidates or issues
33-17 involved in such an election, any organization, group or person
33-18 requests a list of registered voters of the city, the department, office or
33-19 agency which has custody of the official register of voters shall ,
33-20 except as otherwise provided in NRS 293.558, either permit the
33-21 organization, group or person to copy the voters’ names and addresses
33-22 from the official register of voters or furnish such a list.
33-23 Sec. 62. Section 5.070 of the charter of the City of Las Vegas, being
33-24 chapter 517, Statutes of Nevada 1983, at page 1416, is hereby amended to
33-25 read as follows:
33-26 Sec. 5.070 Availability of lists of registered voters. If, for any
33-27 purpose which relates to a municipal election or to the candidates or
33-28 issues which are involved in that election, any organization, group or
33-29 person requests a list of the registered voters of the city, the
33-30 department, office or agency which has custody of the official register
33-31 of voters shall , except as otherwise provided in NRS 293.558, either
33-32 permit that organization, group or person to copy the voters’ names
33-33 and addresses from the official register of voters or furnish the list
33-34 upon payment of the fee which is prescribed in chapter 293 of NRS.
33-35 Sec. 63. Section 5.070 of the charter of the City of Reno, being
33-36 chapter 662, Statutes of Nevada 1971, as last amended by chapter 9,
33-37 Statutes of Nevada 1993, at page 23, is hereby amended to read as follows:
33-38 Sec. 5.070 Availability of lists of registered voters. If, for any
33-39 purpose relating to an election or to candidates or issues involved in
33-40 that election, any organization, group or person requests a list of
33-41 registered voters of the city, the department, office or agency which
33-42 has custody of the official register of voters shall , except as otherwise
33-43 provided in NRS 293.558, permit the organization, group or person to
33-44 copy the voters’ names and addresses from the official register of
33-45 voters or furnish such a list upon payment of the cost established by
33-46 state election law.
34-1 Sec. 64. Section 5.070 of the charter of the City of Sparks, being
34-2 chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to
34-3 read as follows:
34-4 Sec. 5.070 Availability of lists of registered voters. If, for any
34-5 purpose relating to a municipal election or to candidates or issues
34-6 involved in such an election, any organization, group or person
34-7 requests a list of registered voters of the city, the department, office or
34-8 agency which has custody of the official register of voters shall ,
34-9 except as otherwise provided in NRS 293.558, provide the same upon
34-10 payment therefor in an amount determined pursuant to the provisions
34-11 of [subsection 2 of] NRS 293.440.
34-12 Sec. 65. Section 5.060 of the charter of the City of Wells, being
34-13 chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to
34-14 read as follows:
34-15 Sec. 5.060 Availability of lists of registered voters. If, for any
34-16 purpose relating to a municipal election or to candidates or issues
34-17 involved in such an election, any organization, group or person
34-18 requests a list of registered voters of the city, the department, office or
34-19 agency which has custody of the official register of voters shall ,
34-20 except as otherwise provided in NRS 293.558, either permit the
34-21 organization, group or person to copy the voters’ names and addresses
34-22 from the official register of voters or furnish such a list.
34-23 Sec. 66. Section 5.060 of the charter of the City of Yerington, being
34-24 chapter 465, Statutes of Nevada 1971, at page 913, is hereby amended to
34-25 read as follows:
34-26 Sec. 5.060 Availability of lists of registered voters. If, for any
34-27 purpose relating to a municipal election or to candidates or issues
34-28 involved in such an election, any organization, group or person
34-29 requests a list of registered voters of the city, the department, office or
34-30 agency which has custody of the official register of voters shall ,
34-31 except as otherwise provided in NRS 293.558, furnish such a list at a
34-32 fee to be established by the city council.
34-33 Sec. 67. NRS 293.037, 293B.320 and 293C.537 are hereby repealed.
34-34 LEADLINES OF REPEALED SECTIONS
34-35 293.037 “Checklist” defined.
34-36 293B.320 Time allowed in booth; removal from booth.
34-37 293C.537 County clerk to prepare checklists for wards or voting
34-38 districts in cities; contents of checklists; use of checklists by election
34-39 board members.
34-40 H