(REPRINTED WITH ADOPTED AMENDMENTS)

                                                                                 SECOND REPRINT   A.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.

                             Effect on the State: 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).

 

AN ACT relating to elections; providing for a person without a street address to register to vote; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; removing the option of submitting supplements to certain county and municipal petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; repealing the requirement that checklists of voters be created for elections; repealing the restriction on the length of time a voter may remain in a voting booth; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 293 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 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  Secs. 6-9.  (Deleted by amendment.)

2-21  Sec. 10.  NRS 293.165 is hereby amended to read as follows:

2-22    293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy

2-23  occurring in a major or minor political party nomination for a partisan

2-24  office may be filled by a candidate designated by the party central

2-25  committee of the county or state, as the case may be, subject to the

2-26  provisions of subsections 4 and 5.

2-27    2.  A vacancy occurring in a nonpartisan nomination after the close of

2-28  filing and on or before the second Tuesday in August must be filled by

2-29  filing a nominating petition that is signed by registered voters of the state,

2-30  county, district or municipality who may vote for the office in question.

2-31  The number of registered voters who sign the petition must not be less than

2-32  1 percent of the number of persons who voted for the office in question in

2-33  the state, county, district or municipality at the last preceding general

2-34  election. The petition must be filed not earlier than the first Tuesday in

2-35  June and not later than the fourth Tuesday in August. The petition may

2-36  consist of more than one document. Each document must bear the name of

2-37  one county and must [not] be signed only by a person who is [not] a

2-38  registered voter of that county[.] and who may vote for the office in

2-39  question. Each document of the petition must be submitted for verification

2-40  pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of

2-41  the county named on the document. A candidate nominated pursuant to the

2-42  provisions of this subsection:

2-43    (a) Must file a declaration of candidacy or acceptance of candidacy and

2-44  pay the statutory filing fee on or before the date the petition is filed; and

2-45    (b) May be elected only at a general election and his name must not

2-46  appear on the ballot for a primary election.

2-47    3.  A vacancy occurring in a nonpartisan nomination after the second

2-48  Tuesday in August and on or before the second Tuesday in September must


3-1  be filled by the person who receives the next highest vote for the

3-2  nomination in the primary.

3-3    4.  No change may be made on the ballot after the second Tuesday in

3-4  September of the year in which the general election is held. If a nominee

3-5  dies after that date, his name must remain on the ballot and, if elected, a

3-6  vacancy exists.

3-7    5.  All designations provided for in this section must be filed before 5

3-8  p.m. on the second Tuesday in September. In each case, the statutory filing

3-9  fee must be paid and an acceptance of the designation must be filed before

3-10  5 p.m. on the date the designation is filed.

3-11    Sec. 11.  NRS 293.176 is hereby amended to read as follows:

3-12    293.176  1.  Except as otherwise provided in subsection 2, no person

3-13  may be a candidate of a major political party for partisan office in any

3-14  election if he has changed:

3-15    (a) The designation of his political party affiliation; or

3-16    (b) His designation of political party from nonpartisan to a designation

3-17  of a political party affiliation,

3-18  on an application to register to vote in the State of Nevada or in any other

3-19  state during the time beginning on September 1 preceding the closing filing

3-20  date for that election and ending on the date of that election whether or not

3-21  his previous registration was still effective at the time of the change in

3-22  party designation.

3-23    2.  The provisions of subsection 1 do not apply to any person who is a

3-24  candidate of a political party that was not qualified pursuant to NRS

3-25  293.171 on the September 1 next preceding the closing filing date for the

3-26  election.

3-27    Sec. 12.  NRS 293.251 is hereby amended to read as follows:

3-28    293.251  If a registrar of voters’ register or an election board register

3-29  is kept by computer, the register must include all the information contained

3-30  in the original applications to register to vote.

3-31    Sec. 13.  NRS 293.273 is hereby amended to read as follows:

3-32    293.273  1.  Except as otherwise provided in subsection 2 and NRS

3-33  293.305, at all elections held under the provisions of this Title, the polls

3-34  must open at 7 a.m. and close at 7 p.m.

3-35    2.  Whenever at any election all the votes of the precinct or district, as

3-36  shown on the [checklist and] roster, have been cast, the election board

3-37  officers shall close the polls, and the counting of votes must begin and

3-38  continue without unnecessary delay until the count is completed.

3-39    3.  Upon opening the polls , one of the election board officers shall

3-40  cause a proclamation to be made that all present may be aware of the fact

3-41  that applications of registered voters to vote will be received.

3-42    4.  No person other than election board officers engaged in receiving,

3-43  preparing or depositing ballots may be permitted inside the guardrail

3-44  during the time the polls are open, except by authority of the election board

3-45  as necessary to keep order and carry out the provisions of this Title.

3-46    Sec. 14.  NRS 293.303 is hereby amended to read as follows:

3-47    293.303  1.  A person applying to vote may be challenged:


4-1    (a) Orally by any registered voter of the precinct or district upon the

4-2  ground that he is not the person entitled to vote as claimed or has voted

4-3  before at the same election; or

4-4    (b) On any ground set forth in a challenge filed with the county clerk

4-5  pursuant to the provisions of NRS 293.547.

4-6    2.  If a person is challenged, an election board officer shall tender the

4-7  challenged person the following oath or affirmation:

4-8    (a) If the challenge is on the ground that he does not belong to the

4-9  political party designated upon the register, “I swear or affirm under

4-10  penalty of perjury that I belong to the political party designated upon the

4-11  register”;

4-12    (b) If the challenge is on the ground that the register does not show that

4-13  he designated the political party to which he claims to belong, “I swear or

4-14  affirm under penalty of perjury that I designated on the application to

4-15  register to vote the political party to which I claim to belong”;

4-16    (c) If the challenge is on the ground that he does not reside at the

4-17  residence for which the address is listed in the election board register, “I

4-18  swear or affirm under penalty of perjury that I reside at the residence for

4-19  which the address is listed in the election board register”;

4-20    (d) If the challenge is on the ground that he previously voted a ballot for

4-21  the election, “I swear or affirm under penalty of perjury that I have not

4-22  voted for any of the candidates or questions included on this ballot for this

4-23  election”; or

4-24    (e) If the challenge is on the ground that he is not the person he claims

4-25  to be, “I swear or affirm under penalty of perjury that I am the person

4-26  whose name is in this election board register.”

4-27  The oath or affirmation must be set forth on a form prepared by the

4-28  secretary of state and signed by the challenged person under penalty of

4-29  perjury.

4-30    3.  Except as otherwise provided in subsection 4, if the challenged

4-31  person refuses to execute the oath or affirmation so tendered, he must not

4-32  be issued a ballot, and the officer in charge of the election board register

4-33  shall write the words “Challenged ................” opposite his name in the

4-34  election board register.

4-35    4.  If the challenged person refuses to execute the oath or affirmation

4-36  set forth in paragraph (a) or (b) of subsection 2, the election board officers

4-37  shall issue him a nonpartisan ballot.

4-38    5.  If the challenged person refuses to execute the oath or affirmation

4-39  set forth in paragraph (c) of subsection 2, the election board officers shall

4-40  inform him that he is entitled to vote only in the manner prescribed in NRS

4-41  293.304.

4-42    6.  If the challenged person executes the oath or affirmation and the

4-43  challenge is not based on the ground set forth in paragraph (e) of

4-44  subsection 2, the election board officers shall issue him a partisan ballot.

4-45    7.  If the challenge is based on the ground set forth in paragraph (c) of

4-46  subsection 2, and the challenged person executes the oath or affirmation,

4-47  the election board shall not issue the person a ballot until he furnishes

4-48  satisfactory identification which contains proof of the address at which he

4-49  actually resides.


5-1    8.  If the challenge is based on the ground set forth in paragraph (e) of

5-2  subsection 2 and the challenged person executes the oath or affirmation,

5-3  the election board shall not issue the person a ballot unless he:

5-4    (a) Furnishes official identification which contains a photograph of

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

5-6    (b) Brings before the election board officers a person who is at least 18

5-7  years [old] of age who:

5-8       (1) Furnishes official identification which contains a photograph of

5-9  himself, such as his driver’s license or other official document; and

5-10      (2) Executes an oath or affirmation under penalty of perjury that the

5-11  challenged person is who he swears he is.

5-12    9.  The election board officers shall record the name of the challenged

5-13  person and the result of the challenge on the challenge list . [, and the

5-14  election board officer in charge of the checklist shall indicate next to the

5-15  name of the challenged person the result of the challenge.]

5-16    Sec. 15.  NRS 293.3095 is hereby amended to read as follows:

5-17    293.3095  1.  A person who, during the 6 months immediately

5-18  preceding an election, [mails] distributes to more than a total of 500

5-19  registered voters a form to request an absent ballot for the election shall:

5-20    (a) [Mail] Distribute the form prescribed by the secretary of state,

5-21  which must, in 14-point type or larger:

5-22      (1) Identify the person who is [mailing] distributing the form;

5-23      (2) Include a notice stating, “This is a request for an absent ballot.”;

5-24  and

5-25      (3) State that by returning the form, the form will be submitted to the

5-26  county clerk;

5-27    (b) Not later than 14 days before [mailing] distributing such a form,

5-28  [notify] provide written notice to the county clerk of each county to which

5-29  a form will be [mailed] distributed of the number of forms to be [mailed]

5-30  distributed to voters in the county and the date of the [mailing] distribution

5-31  of the forms; and

5-32    (c) Not mail such a form later than 21 days before the election.

5-33    2.  The provisions of this section do not authorize a person to vote by

5-34  absent ballot if he is not otherwise eligible to vote by absent ballot.

5-35    Sec. 16.  NRS 293.313 is hereby amended to read as follows:

5-36    293.313  1.  Except as otherwise provided in NRS 293.272 and

5-37  293.502, a registered voter who provides sufficient written notice to the

5-38  county clerk[,] may vote an absent ballot as provided in this chapter.

5-39    2.  A registered voter who:

5-40    (a) Is at least 65 years [old;] of age; or

5-41    (b) Has a physical disability or condition which substantially impairs his

5-42  ability to go to the polling place,

5-43  may request an absent ballot for all elections held during the year he

5-44  requests an absent ballot. The registered voter must include in his request a

5-45  description of his physical disability or condition.

5-46    3.  As used in this section, “sufficient written notice” means a:

5-47    (a) Written request for an absent ballot which is signed by the registered

5-48  voter and returned to the county clerk in person or by mail[;] or facsimile

5-49  machine;


6-1    (b) Form prescribed by the secretary of state which is completed and

6-2  signed by the registered voter and returned to the county clerk in person or

6-3  by mail[;] or facsimile machine; or

6-4    (c) Form provided by the Federal Government.

6-5    4.  A county clerk shall consider a request from a voter who has given

6-6  sufficient written notice on a form provided by the Federal Government as

6-7  a request for both the primary and general elections unless otherwise

6-8  specified in the request.

6-9    5.  It is unlawful for a person fraudulently to request an absent ballot in

6-10  the name of another person or to induce or coerce another person

6-11  fraudulently to request an absent ballot in the name of another person. A

6-12  person who violates this subsection is guilty of a category E felony and

6-13  shall be punished as provided in NRS 193.130.

6-14    Sec. 17.  NRS 293.315 is hereby amended to read as follows:

6-15    293.315  1.  A registered voter referred to in NRS 293.313 may, at

6-16  any time before 5 p.m. on the [Tuesday] seventh calendar day preceding

6-17  any election, make an application to that clerk for an absent voter’s ballot.

6-18  The application must be made available for public inspection.

6-19    2.  When the voter has identified himself to the satisfaction of the clerk,

6-20  he is entitled to receive the appropriate ballot or ballots, but only for his

6-21  own use.

6-22    3.  A county clerk who allows a person to copy information from an

6-23  application for an absent ballot is immune from any civil or criminal

6-24  liability for any damage caused by the distribution of that information,

6-25  unless he knowingly and willingly allows a person who intends to use the

6-26  information to further an unlawful act to copy such information.

6-27    Sec. 18.  NRS 293.3157 is hereby amended to read as follows:

6-28    293.3157  1.  Any registered voter of this state who resides outside the

6-29  continental United States may use a facsimile machine to request an absent

6-30  ballot.

6-31    2.  The county clerk shall use a facsimile machine to send an absent

6-32  ballot to the registered voter.

6-33    3.  The registered voter shall mail his absent ballot to the county clerk.

6-34    4.  The secretary of state shall adopt regulations to carry out the

6-35  provisions of this section.

6-36    [5.  As used in this section, “facsimile machine” means a device which

6-37  sends or receives a reproduction or facsimile of a document or photograph

6-38  which is transmitted electronically or telephonically by

6-39  telecommunications lines.]

6-40    Sec. 19.  NRS 293.330 is hereby amended to read as follows:

6-41    293.330  1.  When an absent voter receives his ballot, he must mark

6-42  and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

6-43  punching a card, in accordance with the instructions, deposit it in the return

6-44  envelope, seal the envelope, affix his signature on the back of the envelope

6-45  in the space provided therefor and mail the return envelope.

6-46    2.  [If the] Except as otherwise provided in subsection 3, if an absent

6-47  voter who has [received] requested a ballot by mail applies to vote the

6-48  ballot in person at:


7-1    (a) The [county clerk’s office,] office of the county clerk, he must mark

7-2  or punch the ballot, seal it in the return envelope and affix his signature in

7-3  the same manner as provided in subsection 1, and deliver the envelope to

7-4  the clerk.

7-5    (b) A polling place, including, without limitation, a polling place for

7-6  early voting, he must surrender the absent ballot and provide satisfactory

7-7  identification before being issued a ballot to vote at the polling place. A

7-8  person who receives a surrendered absent ballot shall mark it “Canceled.”

7-9    3.  If an absent voter who has requested a ballot by mail applies to

7-10  vote in person at the office of the county clerk or a polling place,

7-11  including, without limitation, a polling place for early voting, and the

7-12  voter does not have the absent ballot to deliver or surrender, the voter

7-13  must be issued a ballot to vote if the voter:

7-14    (a) Provides satisfactory identification;

7-15    (b) Is a registered voter who is otherwise entitled to vote; and

7-16    (c) Signs an affirmation under penalty of perjury on a form prepared

7-17  by the secretary of state declaring that the voter has not voted during the

7-18  election.

7-19    4.  Except as otherwise provided in NRS 293.316, it is unlawful for any

7-20  person to return an absent ballot other than the voter who requested the

7-21  absent ballot or, at the request of the voter, a member of his family. A

7-22  person who returns an absent ballot and who is a member of the family of

7-23  the voter who requested the absent ballot shall, under penalty of perjury,

7-24  indicate on a form prescribed by the county clerk that he is a member of

7-25  the family of the voter who requested the absent ballot and that the voter

7-26  requested that he return the absent ballot. A person who violates the

7-27  provisions of this subsection is guilty of a category E felony and shall be

7-28  punished as provided in NRS 193.130.

7-29    Sec. 20.  NRS 293.373 is hereby amended to read as follows:

7-30    293.373  If paper ballots or ballots which are voted by punching a card

7-31  are used:

7-32    1.  After the tally lists have been completed, the [counting board

7-33  officers shall:

7-34    (a) File the voted ballots on a string, enclose and seal them in an

7-35  envelope marked “Election returns, voted ballots.”

7-36    (b) File the rejected ballots on a string, enclose and seal them in an

7-37  envelope marked “Election returns, rejected ballots.”

7-38    (c) Place one of the tally lists for regular ballots and one of the

7-39  pollbooks in an envelope marked “Election returns” and seal the envelope.

7-40    2.  The] voted ballots, rejected ballots, tally lists for regular ballots,

7-41  tally list for rejected ballots, challenge list, stubs of used ballots, spoiled

7-42  ballots and unused ballots must be sealed under cover by the counting

7-43  board officers and addressed to the county clerk.

7-44    [3.] 2. The other pollbooks, tally lists and election board register must

7-45  be returned to the county clerk.

7-46    Sec. 21.  NRS 293.391 is hereby amended to read as follows:

7-47    293.391  1.  The voted ballots, rejected ballots, spoiled ballots, [tally

7-48  lists, pollbooks,] challenge lists, voting receipts, records printed on paper

7-49  of voted ballots collected pursuant to NRS 293B.400 , and stubs of the


8-1  ballots used, enclosed and sealed, must, after canvass of the votes by the

8-2  board of county commissioners, be deposited in the vaults of the county

8-3  clerk . [, and] The tally lists and pollbooks collected pursuant to NRS

8-4  293B.400 must, after canvass of the votes by the board of county

8-5  commissioners, be deposited in the vaults of the county clerk without

8-6  being sealed. All materials described by this subsection must be preserved

8-7  for at least 22 months [. All] and all such sealed materials must be

8-8  destroyed immediately after the preservation period. A notice of the

8-9  destruction must be published by the clerk in at least one newspaper of

8-10  general circulation in the county not less than 2 weeks before the

8-11  destruction.

8-12    2.  Unused ballots, enclosed and sealed, must, after canvass of the votes

8-13  by the board of county commissioners, be deposited in the vaults of the

8-14  county clerk and preserved for at least the period during which the election

8-15  may be contested and adjudicated, after which the unused ballots may be

8-16  destroyed.

8-17    [2.] 3. The pollbooks containing the signatures of those persons who

8-18  voted in the election and the tally lists deposited with the board of county

8-19  commissioners are subject to the inspection of any elector who may wish to

8-20  examine them at any time after their deposit with the county clerk.

8-21    [3.] 4. A contestant of an election may inspect all of the material

8-22  regarding that election which is preserved pursuant to subsection 1[,] or 2,

8-23  except the voted ballots.

8-24    [4.] 5. The voted ballots deposited with the county clerk are not subject

8-25  to the inspection of anyone, except in cases of contested election, and then

8-26  only by the judge, body or board before whom the election is being

8-27  contested, or by the parties to the contest, jointly, pursuant to an order of

8-28  such judge, body or board.

8-29    Sec. 22.  NRS 293.507 is hereby amended to read as follows:

8-30    293.507  1.  The secretary of state shall prescribe:

8-31    (a) A standard form for applications to register to vote; and

8-32    (b) A special form for registration to be used in a county where

8-33  registrations are performed and records of registration are kept by

8-34  computer.

8-35    2.  The county clerks shall provide forms for applications to register to

8-36  vote to field registrars in the form and number prescribed by the secretary

8-37  of state.

8-38    3.  A form for an application to register to vote must include a duplicate

8-39  copy [marked as the] or receipt to be retained by the applicant upon

8-40  completion of the form.

8-41    4.  The form for an application to register to vote must include:

8-42    (a) A line for use by the county clerk to enter the number:

8-43      (1) Indicated on the voter’s social security card, driver’s license or

8-44  identification card issued by the department of motor vehicles and public

8-45  safety, or any other identification card issued by an agency of this state or

8-46  the Federal Government that contains:

8-47         (I) [A unique] An identifying number; and

8-48         (II) A photograph or physical description of the voter; or

8-49      (2) Issued to the voter pursuant to subsection 5.


9-1    (b) A line on which to enter the address at which the voter actually

9-2  resides[. The application must not be accepted if the address is listed as a

9-3  post office box unless a street address has not been assigned to his

9-4  residence.] , as set forth in section 3 of this act.

9-5    (c) A notice that the voter may not list [his address as] a business as the

9-6  address required pursuant to paragraph (b) unless he actually resides

9-7  there.

9-8    (d) A line on which to enter an address at which the voter may receive

9-9  mail, including, without limitation, a post office box or general delivery.

9-10    5.  If a voter does not:

9-11    (a) Possess any of the identification set forth in subparagraph (1) of

9-12  paragraph (a) of subsection 4; or

9-13    (b) Wish to provide to the county clerk the number indicated on that

9-14  identification,

9-15  the county clerk shall issue [a unique] an identification number to the

9-16  voter.

9-17    6.  The secretary of state shall adopt regulations to carry out the

9-18  provisions of subsections 4 and 5.

9-19    Sec. 23.  NRS 293.510 is hereby amended to read as follows:

9-20    293.510  1.  In counties where computers are not used to register

9-21  voters, the county clerk shall:

9-22    (a) Segregate original applications to register to vote according to the

9-23  precinct in which the registered voters reside and arrange the applications

9-24  in each precinct or district in alphabetical order. The applications for each

9-25  precinct or district must be kept in a separate binder which is marked with

9-26  the number of the precinct or district. This binder constitutes the election

9-27  board register.

9-28    (b) Arrange the duplicate applications of registration in alphabetical

9-29  order for the entire county and keep them in binders or a suitable file which

9-30  constitutes the registrar of voters’ register.

9-31    2.  In any county where a computer is used to register voters, the

9-32  county clerk shall:

9-33    (a) Arrange the original applications to register to vote [in alphabetical

9-34  order] for the entire county [and keep them in binders or a suitable file

9-35  which constitutes] in a manner in which an original application may be

9-36  quickly located. These original applications constitute the registrar of

9-37  voters’ register.

9-38    (b) Segregate the applications to register to vote in a computer file

9-39  according to the precinct or district in which the registered voters reside,

9-40  and for each precinct or district have printed a computer listing which

9-41  contains the applications to register to vote in alphabetical order. These

9-42  listings of applications to register to vote must be placed in separate

9-43  binders which are marked with the number of the precinct or district. These

9-44  binders constitute the election board registers.

9-45    Sec. 24.  NRS 293.5235 is hereby amended to read as follows:

9-46    293.5235  1.  Except as otherwise provided in NRS 293.502, a person

9-47  may register to vote by mailing an application to register to vote to the

9-48  county clerk of the county in which he resides. The county clerk shall,

9-49  upon request, mail an application to register to vote to an applicant. The


10-1  county clerk shall make the applications available at various public places

10-2  in the county. An application to register to vote may be used to correct

10-3  information in the registrar of voters’ register.

10-4    2.  An application to register to vote which is mailed to an applicant by

10-5  the county clerk or made available to the public at various locations or

10-6  voter registration agencies in the county may be returned to the county

10-7  clerk by mail or in person. For the purposes of this section, an application

10-8  which is personally delivered to the county clerk shall be deemed to have

10-9  been returned by mail.

10-10  3.  The applicant must complete and sign the application.

10-11  4.  The county clerk shall, upon receipt of an application, determine

10-12  whether the application is complete.

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

10-14  days after he receives the application, mail [a notice] to the applicant

10-15  [informing him that:

10-16  (a) He] :

10-17  (a) A notice informing him that he is registered to vote and a voter

10-18  registration card as required by subsection 6 of NRS 293.517; or

10-19  (b) [The] A notice informing him that the registrar of voters’ register

10-20  has been corrected to reflect any changes indicated on the application.

10-21  The applicant shall be deemed to be registered or to have corrected the

10-22  information in the register as of the date the application is postmarked[.]

10-23  or personally delivered.

10-24  6.  If the county clerk determines that the application is not complete,

10-25  he shall, as soon as possible, mail a notice to the applicant informing him

10-26  that additional information is required to complete the application. If the

10-27  applicant provides the information requested by the county clerk within 15

10-28  days after the county clerk mails the notice, the county clerk shall, within

10-29  10 days after he receives the information, mail [a notice] to the applicant

10-30  [informing him that:

10-31  (a) He] :

10-32  (a) A notice informing him that he is registered to vote and a voter

10-33  registration card as required by subsection 6 of NRS 293.517; or

10-34  (b) [The] A notice informing him that the registrar of voters’ register

10-35  has been corrected to reflect any changes indicated on the application.

10-36  The applicant shall be deemed to be registered or to have corrected the

10-37  information in the register as of the date the application is postmarked[.]

10-38  or personally delivered. If the applicant does not provide the additional

10-39  information within the prescribed period, the application is void.

10-40  7.  The secretary of state shall prescribe the form for an application to

10-41  register to vote by mail which must be used to register to vote by mail in

10-42  this state. The application to register to vote by mail must include a notice

10-43  in at least 10-point type which states:

 

10-44  NOTICE: You are urged to return your application to register to

10-45  vote to the County Clerk in person or by mail. If you choose to give

10-46  your completed application to another person to return to the

10-47  County Clerk on your behalf, and the person fails to deliver the

10-48  application to the County Clerk, you will not be registered to vote.


11-1  Please retain the duplicate copy or receipt from your application to

11-2  register to vote.

 

11-3    8.  The county clerk shall not register a person to vote pursuant to this

11-4  section unless that person has provided all of the information required by

11-5  the application.

11-6    9.  The county clerk shall mail, by postcard, the notices required

11-7  pursuant to subsections 5 and 6. If the postcard is returned to the county

11-8  clerk by the United States Postal Service because the address is fictitious or

11-9  the person does not live at that address, the county clerk shall attempt to

11-10  determine whether the person’s current residence is other than that

11-11  indicated on his application to register to vote in the manner set forth in

11-12  NRS 293.530.

11-13  10.  A person who, by mail, registers to vote pursuant to this section

11-14  may be assisted in completing the application to register to vote by any

11-15  other person. The application must include the mailing address and

11-16  signature of the person who assisted the applicant. The failure to provide

11-17  the information required by this subsection will not result in the application

11-18  being deemed incomplete.

11-19  11.  An application to register to vote must be made available to all

11-20  persons, regardless of political party affiliation.

11-21  12.  An application must not be altered or otherwise defaced after the

11-22  applicant has completed and signed it. An application must be mailed or

11-23  delivered in person to the [county clerk’s] office of the county clerk within

11-24  10 days after it is completed.

11-25  13.  A person who willfully violates any of the provisions of subsection

11-26  10, 11 or 12 is guilty of a category E felony and shall be punished as

11-27  provided in NRS 193.130.

11-28  14.  The secretary of state shall adopt regulations to carry out the

11-29  provisions of this section.

11-30  Sec. 25.  NRS 293.524 is hereby amended to read as follows:

11-31  293.524  1.  The department of motor vehicles and public safety shall

11-32  provide an application to register to vote to each person who applies for the

11-33  issuance or renewal of any type of driver’s license or for an identification

11-34  card.

11-35  2.  The county clerk shall use the applications to register to vote which

11-36  are signed and completed pursuant to subsection 1 to register applicants to

11-37  vote or to correct information in the registrar of voters’ register. An

11-38  application that is not signed must not be used to register or correct the

11-39  registration of the applicant.

11-40  3.  For the purposes of this section, each employee specifically

11-41  authorized to do so by the director of the department may oversee the

11-42  completion of an application. The authorized employee shall check the

11-43  application for completeness and verify the information required by the

11-44  application. Each application must include a duplicate copy [marked as

11-45  the]or receipt to be retained by the applicant upon completion of the form.

11-46  The department shall, except as otherwise provided in this subsection,

11-47  forward each application on a weekly basis to the county clerk or, if

11-48  applicable, to the registrar of voters of the county in which the applicant


12-1  resides. During the 2 weeks immediately preceding the close of registration

12-2  for an election , the applications must be forwarded daily.

12-3    4.  The county clerk shall accept any application to register to vote

12-4  which is completed by the last day to register if he receives the application

12-5  not later than 5 days after the close of registration. Upon receipt of an

12-6  application, the county clerk or field registrar of voters shall determine

12-7  whether the application is complete. If he determines that the application is

12-8  complete, he shall notify the applicant and the applicant shall be deemed to

12-9  be registered as of the date of the submission of the application. If he

12-10  determines that the application is not complete, he shall notify the applicant

12-11  of the additional information required. The applicant shall be deemed to be

12-12  registered as of the date of the initial submission of the application if the

12-13  additional information is provided within 15 days after the notice for the

12-14  additional information is mailed. If the applicant has not provided the

12-15  additional information within 15 days after the notice for the additional

12-16  information is mailed, the incomplete application is void. Any notification

12-17  required by this subsection must be given by mail at the mailing address on

12-18  the application not more than 7 working days after the determination is

12-19  made concerning whether the application is complete.

12-20  5.  The county clerk shall use any form submitted to the department to

12-21  correct information on a driver’s license or identification card to correct

12-22  information in the registrar of voters’ register, unless the person indicates

12-23  on the form that the correction is not to be used for the purposes of voter

12-24  registration. The department shall forward each such form to the county

12-25  clerk or, if applicable, to the registrar of voters of the county in which the

12-26  person resides in the same manner provided by subsection 3 for

12-27  applications to register to vote.

12-28  6.  Upon receipt of a form to correct information, the county clerk shall

12-29  compare the information to that contained in the registrar of voters’

12-30  register. If the person is a registered voter, the county clerk shall correct the

12-31  information to reflect any changes indicated on the form. After making any

12-32  changes, the county clerk shall notify the person by mail that his records

12-33  have been corrected.

12-34  7.  The secretary of state shall, with the approval of the director, adopt

12-35  regulations to:

12-36  (a) Establish any procedure necessary to provide an elector who applies

12-37  to register to vote pursuant to this section the opportunity to do so;

12-38  (b) Prescribe the contents of any forms or applications which the

12-39  department is required to distribute pursuant to this section; and

12-40  (c) Provide for the transfer of the completed applications of registration

12-41  from the department to the appropriate county clerk for inclusion in the

12-42  election board registers and registrar of voters’ register.

12-43  Sec. 26.  NRS 293.558 is hereby amended to read as follows:

12-44  293.558  1.  The county clerk shall not disclose the identification

12-45  number of a registered voter to the public, including, without limitation:

12-46  (a) In response to an inquiry received by the county clerk; or

12-47  (b) By inclusion on any list of registered voters made available for

12-48  public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290

12-49  or 293C.542.


13-1    2.  A registered voter may submit a written request to the county clerk

13-2  to have his address and telephone number withheld from the public. Upon

13-3  receipt of such a request, the county clerk shall not disclose the address

13-4  or telephone number of the registered voter to the public, including,

13-5  without limitation:

13-6    (a) In response to an inquiry received by the county clerk; or

13-7    (b) By inclusion on any list of registered voters made available for

13-8  public inspection pursuant to NRS 293.301, 293.440, 293.557 [and

13-9  293C.290.

13-10  2.  After the county clerk receives a request from a registered voter

13-11  pursuant to subsection 1, the person’s address must be withheld from any

13-12  such list.] , 293C.290 or 293C.542.

13-13  3.  No information other than the address , telephone number and

13-14  identification number of a registered voter may be withheld from [a list of

13-15  registered voters.] the public.

13-16  Sec. 27.  NRS 293.565 is hereby amended to read as follows:

13-17  293.565  1.  Except as otherwise provided in subsection 2, sample

13-18  ballots must include:

13-19  (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,

13-20  for each proposed constitutional amendment or statewide measure;

13-21  (b) An explanation, as provided pursuant to NRS 218.443, of each

13-22  proposed constitutional amendment or statewide measure, including

13-23  arguments for and against it; and

13-24  (c) The full text of each proposed constitutional amendment.

13-25  2.  Sample ballots that are mailed to registered voters may be printed

13-26  without the full text of each proposed constitutional amendment if:

13-27  (a) The cost of printing the sample ballots would be significantly

13-28  reduced if the full text of each proposed constitutional amendment were

13-29  not included;

13-30  (b) The county clerk ensures that a sample ballot that includes the full

13-31  text of each proposed constitutional amendment is provided at no charge to

13-32  each registered voter who requests such a sample ballot; and

13-33  (c) The sample ballots provided to each polling place include the full

13-34  text of each proposed constitutional amendment.

13-35  3.  At least 10 days before any election, the county clerk shall cause to

13-36  be mailed to each registered voter in the county a sample ballot for his

13-37  precinct with a notice informing the voter of the location of his polling

13-38  place. If the location of the polling place has changed since the last

13-39  election:

13-40  (a) The county clerk shall mail a notice of the change to each registered

13-41  voter in the county not sooner than 10 days before mailing the sample

13-42  ballots; or

13-43  (b) The sample ballot must also include a notice in at least 10-point bold

13-44  type immediately above the location which states:

 

13-45  NOTICE: THE LOCATION OF YOUR POLLING PLACE

13-46  HAS CHANGED SINCE THE LAST ELECTION

 


14-1    4.  [The county clerk shall include in each sample ballot for a primary

14-2  election, a separate page on which is printed a list of the offices and

14-3  candidates for those offices for which there is no opposition.

14-4    5.] The cost of mailing sample ballots for any election other than a

14-5  primary or general election must be borne by the political subdivision

14-6  holding the election.

14-7    Sec. 28.  NRS 293C.267 is hereby amended to read as follows:

14-8    293C.267  1.  Except as otherwise provided in subsection 2 and NRS

14-9  293C.297, at all elections held pursuant to the provisions of this chapter,

14-10  the polls must open at 7 a.m. and close at 7 p.m.

14-11  2.  Whenever at any election all the votes of the precinct or district, as

14-12  shown on the [checklist and] roster, have been cast, the election board

14-13  officers shall close the polls and the counting of votes must begin and

14-14  continue without unnecessary delay until the count is completed.

14-15  3.  Upon opening the polls, one of the election board officers shall

14-16  cause a proclamation to be made so that all present may be aware of the

14-17  fact that applications of registered voters to vote will be received.

14-18  4.  No person other than election board officers engaged in receiving,

14-19  preparing or depositing ballots may be permitted inside the guardrail

14-20  during the time the polls are open, except by authority of the election board

14-21  as necessary to keep order and carry out the provisions of this chapter.

14-22  Sec. 29.  NRS 293C.292 is hereby amended to read as follows:

14-23  293C.292  1.  A person applying to vote may be challenged:

14-24  (a) Orally by any registered voter of the precinct or district upon the

14-25  ground that he is not the person entitled to vote as claimed or has voted

14-26  before at the same election; or

14-27  (b) On any ground set forth in a challenge filed with the county clerk

14-28  pursuant to the provisions of NRS 293.547.

14-29  2.  If a person is challenged, an election board officer shall tender the

14-30  challenged person the following oath or affirmation:

14-31  (a) If the challenge is on the ground that he does not reside at the

14-32  residence for which the address is listed in the election board register, “I

14-33  swear or affirm under penalty of perjury that I reside at the residence for

14-34  which the address is listed in the election board register”;

14-35  (b) If the challenge is on the ground that he previously voted a ballot for

14-36  the election, “I swear or affirm under penalty of perjury that I have not

14-37  voted for any of the candidates or questions included on this ballot for this

14-38  election”; or

14-39  (c) If the challenge is on the ground that he is not the person he claims

14-40  to be, “I swear or affirm under penalty of perjury that I am the person

14-41  whose name is in this election board register.”

14-42  The oath or affirmation must be set forth on a form prepared by the

14-43  secretary of state and signed by the challenged person under penalty of

14-44  perjury.

14-45  3.  If the challenged person refuses to execute the oath or affirmation so

14-46  tendered, he must not be issued a ballot, and the officer in charge of the

14-47  election board register shall write the words “Challenged ................”

14-48  opposite his name in the election board register.


15-1    4.  If the challenged person refuses to execute the oath or affirmation

15-2  set forth in paragraph (a) of subsection 2, the election board officers shall

15-3  inform him that he is entitled to vote only in the manner prescribed in NRS

15-4  293C.295.

15-5    5.  If the challenged person executes the oath or affirmation and the

15-6  challenge is not based on the ground set forth in paragraph (c) of

15-7  subsection 2, the election board officers shall issue him a ballot.

15-8    6.  If the challenge is based on the ground set forth in paragraph (a) of

15-9  subsection 2, and the challenged person executes the oath or affirmation,

15-10  the election board shall not issue the person a ballot until he furnishes

15-11  satisfactory identification that contains proof of the address at which he

15-12  actually resides.

15-13  7.  If the challenge is based on the ground set forth in paragraph (c) of

15-14  subsection 2 and the challenged person executes the oath or affirmation,

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

15-16  (a) Furnishes official identification which contains a photograph of

15-17  himself, such as his driver’s license or other official document; or

15-18  (b) Brings before the election board officers a person who is at least 18

15-19  years [old] of age who:

15-20     (1) Furnishes official identification which contains a photograph of

15-21  himself, such as his driver’s license or other official document; and

15-22     (2) Executes an oath or affirmation under penalty of perjury that the

15-23  challenged person is who he swears he is.

15-24  8.  The election board officers shall record the name of the challenged

15-25  person and the result of the challenge on the challenge list . [, and the

15-26  election board officer in charge of the checklist shall indicate next to the

15-27  name of the challenged person the result of the challenge.]

15-28  Sec. 30.  NRS 293C.306 is hereby amended to read as follows:

15-29  293C.306  1.  A person who, during the 6 months immediately

15-30  preceding an election, [mails] distributes to more than a total of 500

15-31  registered voters a form to request an absent ballot for the election shall:

15-32  (a) [Mail] Distribute the form prescribed by the secretary of state,

15-33  which must, in 14-point type or larger:

15-34     (1) Identify the person who is [mailing] distributing the form;

15-35     (2) Include a notice stating, “This is a request for an absent ballot.”;

15-36  and

15-37     (3) State that by returning the form , the form will be submitted to the

15-38  city clerk;

15-39  (b) Not later than 14 days before [mailing] distributing such a form,

15-40  [notify] provide written notice to the city clerk of each city to which a form

15-41  will be [mailed] distributed of the number of forms to be [mailed]

15-42  distributed to voters in the city and the date of the [mailing] distribution of

15-43  the forms; and

15-44  (c) Not mail such a form later than 21 days before the election.

15-45  2.  The provisions of this section do not authorize a person to vote by

15-46  absent ballot if he is not otherwise eligible to vote by absent ballot.

 

 

 


16-1    Sec. 31.  NRS 293C.310 is hereby amended to read as follows:

16-2    293C.310  1.  Except as otherwise provided in NRS 293.502 and

16-3  293C.265, a registered voter who provides sufficient written notice to the

16-4  city clerk[,] may vote an absent ballot as provided in this chapter.

16-5    2.  A registered voter who:

16-6    (a) Is at least 65 years [old;] of age; or

16-7    (b) Has a physical disability or condition that substantially impairs his

16-8  ability to go to the polling place,

16-9  may request an absent ballot for all elections held during the year he

16-10  requests an absent ballot. The registered voter must include in his request a

16-11  description of his physical disability or condition.

16-12  3.  As used in this section, “sufficient written notice” means a:

16-13  (a) Written request for an absent ballot that is signed by the registered

16-14  voter and returned to the city clerk in person or by mail[;] or facsimile

16-15  machine;

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

16-17  signed by the registered voter and returned to the city clerk in person or by

16-18  mail[;] or facsimile machine; or

16-19  (c) Form provided by the Federal Government.

16-20  4.  A city clerk shall consider a request from a voter who has given

16-21  sufficient written notice on a form provided by the Federal Government as

16-22  a request for the primary city election and the general city election unless

16-23  otherwise specified in the request.

16-24  5.  It is unlawful for a person fraudulently to request an absent ballot in

16-25  the name of another person or to induce or coerce another person

16-26  fraudulently to request an absent ballot in the name of another person. A

16-27  person who violates any provision of this subsection is guilty of a category

16-28  E felony and shall be punished as provided in NRS 193.130.

16-29  Sec. 32.  NRS 293C.312 is hereby amended to read as follows:

16-30  293C.312  1.  A registered voter referred to in NRS 293C.310 may, at

16-31  any time before 5 p.m. on the [Tuesday] seventh calendar day preceding

16-32  any election, make an application to the city clerk for an absent voter’s

16-33  ballot. The application must be made available for public inspection.

16-34  2.  When the voter has identified himself to the satisfaction of the city

16-35  clerk, he is entitled to receive the appropriate ballot or ballots, but only for

16-36  his own use.

16-37  3.  A city clerk who allows a person to copy information from an

16-38  application for an absent ballot is immune from any civil or criminal

16-39  liability for any damage caused by the distribution of that information,

16-40  unless he knowingly and willingly allows a person who intends to use the

16-41  information to further an unlawful act to copy the information.

16-42  Sec. 33.  NRS 293C.315 is hereby amended to read as follows:

16-43  293C.315  1.  Any registered voter of this state who resides outside

16-44  the continental United States may use a facsimile machine to request an

16-45  absent ballot.

16-46  2.  The city clerk shall use a facsimile machine to send an absent ballot

16-47  to the registered voter.

16-48  3.  The registered voter shall mail his absent ballot to the city clerk.


17-1    4.  The secretary of state shall adopt regulations to carry out the

17-2  provisions of this section.

17-3    [5.  As used in this section, “facsimile machine” means a device that

17-4  sends or receives a reproduction or facsimile of a document or photograph

17-5  which is transmitted electronically or telephonically by

17-6  telecommunications lines.]

17-7    Sec. 34.  NRS 293C.330 is hereby amended to read as follows:

17-8    293C.330  1.  When an absent voter receives his ballot, he must mark

17-9  and fold it, if it is a paper ballot, or punch it, if the ballot is voted by

17-10  punching a card, in accordance with the instructions, deposit it in the return

17-11  envelope, seal the envelope, affix his signature on the back of the envelope

17-12  in the space provided therefor and mail the return envelope.

17-13  2.  [If the] Except as otherwise provided in subsection 3, if an absent

17-14  voter who has [received] requested a ballot by mail applies to vote the

17-15  ballot in person at:

17-16  (a) The [city clerk’s office,] office of the city clerk, he must mark or

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

17-18  same manner as provided in subsection 1, and deliver the envelope to the

17-19  city clerk.

17-20  (b) A polling place, including, without limitation, a polling place for

17-21  early voting, he must surrender the absent ballot and provide satisfactory

17-22  identification before being issued a ballot to vote at the polling place. A

17-23  person who receives a surrendered absent ballot shall mark it “Canceled.”

17-24  3.  If an absent voter who has requested a ballot by mail applies to

17-25  vote in person at the office of the city clerk or a polling place, including,

17-26  without limitation, a polling place for early voting, and the voter does not

17-27  have the absent ballot to deliver or surrender, the voter must be issued a

17-28  ballot to vote if the voter:

17-29  (a) Provides satisfactory identification;

17-30  (b) Is a registered voter who is otherwise entitled to vote; and

17-31  (c) Signs an affirmation under penalty of perjury on a form prepared

17-32  by the secretary of state declaring that the voter has not voted during the

17-33  election.

17-34  4.  Except as otherwise provided in NRS 293C.317, it is unlawful for

17-35  any person to return an absent ballot other than the voter who requested the

17-36  absent ballot or, at the request of the voter, a member of his family. A

17-37  person who returns an absent ballot and who is a member of the family of

17-38  the voter who requested the absent ballot shall, under penalty of perjury,

17-39  indicate on a form prescribed by the city clerk that he is a member of the

17-40  family of the voter who requested the absent ballot and that the voter

17-41  requested that he return the absent ballot. A person who violates the

17-42  provisions of this subsection is guilty of a category E felony and shall be

17-43  punished as provided in NRS 193.130.

17-44  Sec. 35.  NRS 293C.375 is hereby amended to read as follows:

17-45  293C.375  If paper ballots or ballots which are voted by punching a

17-46  card are used:

17-47  1.  After the tally lists have been completed, the [counting board

17-48  officers shall:


18-1    (a) File the voted ballots on a string, enclose and seal them in an

18-2  envelope marked “Election returns, voted ballots.”

18-3    (b) File the rejected ballots on a string, enclose and seal them in an

18-4  envelope marked “Election returns, rejected ballots.”

18-5    (c) Place one of the tally lists for regular ballots and one of the

18-6  pollbooks in an envelope marked “Election returns” and seal the envelope.

18-7    2.  The] voted ballots, rejected ballots, tally lists for regular ballots,

18-8  tally list for rejected ballots, challenge list, stubs of used ballots, spoiled

18-9  ballots and unused ballots must be sealed under cover by the counting

18-10  board officers and addressed to the city clerk.

18-11  [3.] 2. The other pollbooks, tally lists and election board register must

18-12  be returned to the city clerk.

18-13  Sec. 36.  NRS 293C.390 is hereby amended to read as follows:

18-14  293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, [tally

18-15  lists, pollbooks,] challenge lists, voting receipts, records printed on paper

18-16  of voted ballots collected pursuant to NRS 293B.400 , and stubs of the

18-17  ballots used, enclosed and sealed , must, after canvass of the votes by the

18-18  governing body of the city, be deposited in the vaults of the city clerk .

18-19  [and] The tally lists and pollbooks collected pursuant to NRS 293B.400

18-20  must, after canvass of the votes by the governing body of the city, be

18-21  deposited in the vaults of the city clerk without being sealed. All materials

18-22  described by this subsection must be preserved for at least 22 months [.

18-23  All] and all such sealed materials must be destroyed immediately after that

18-24  period. A notice of the destruction must be published by the city clerk in at

18-25  least one newspaper of general circulation in the city, or if no newspaper is

18-26  of general circulation in that city, in a newspaper of general circulation in

18-27  the nearest city, not less than 2 weeks before the destruction of the

18-28  materials.

18-29  2.  Unused ballots, enclosed and sealed, must, after canvass of the votes

18-30  by the governing body of the city, be deposited in the vaults of the city

18-31  clerk and preserved for at least the period during which the election may be

18-32  contested and adjudicated, after which the unused ballots may be

18-33  destroyed.

18-34  [2.] 3. The pollbooks containing the signatures of those persons who

18-35  voted in the election and the tally lists deposited with the governing body

18-36  of the city are subject to the inspection of any elector who may wish to

18-37  examine them at any time after their deposit with the city clerk.

18-38  [3.] 4. A contestant of an election may inspect all of the material

18-39  relating to that election which is preserved pursuant to subsection 1[,] or 2,

18-40  except the voted ballots.

18-41  [4.] 5. The voted ballots deposited with the city clerk are not subject to

18-42  the inspection of any person, except in a contested election, and only by the

18-43  judge, body or board before whom the election is being contested, or by the

18-44  parties to the contest, jointly, pursuant to an order of the judge, body or

18-45  board.

18-46  Sec. 37.  NRS 293C.530 is hereby amended to read as follows:

18-47  293C.530  1.  At least 10 days before an election, the city clerk shall

18-48  cause to be mailed to each registered voter in the city a sample ballot for

18-49  his precinct with a notice informing the voter of the location of his polling


19-1  place. If the location of the polling place has changed since the last

19-2  election:

19-3    (a) The city clerk shall mail a notice of the change to each registered

19-4  voter in the city not sooner than 10 days before mailing the sample ballots;

19-5  or

19-6    (b) The sample ballot must also include a notice in at least 10-point bold

19-7  type immediately above the location which states:

 

19-8  NOTICE: THE LOCATION OF YOUR POLLING PLACE

19-9  HAS CHANGED SINCE THE LAST ELECTION

 

19-10  2.  [The city clerk shall include in each sample ballot for a primary city

19-11  election, a separate page on which is printed a list of the offices and

19-12  candidates for those offices for which there is no opposition.

19-13  3.] The cost of mailing sample ballots for a city election must be borne

19-14  by the city holding the election.

19-15  Sec. 38.  NRS 293C.540 is hereby amended to read as follows:

19-16  293C.540  Not later than 3 days before the day on which any regular or

19-17  special city election is held, the county clerk shall deliver to the city

19-18  clerk[:

19-19  1.  The] the official register for the city.

19-20  [2.  The checklists for each ward or voting district therein.]

19-21  Sec. 39.  Chapter 295 of NRS is hereby amended by adding thereto the

19-22  provisions set forth as sections 40 to 44, inclusive, of this act.

19-23  Sec. 40.  1.  Upon submission of a petition containing signatures

19-24  that are required to be verified pursuant to NRS 295.095, 295.140 or

19-25  295.205, the county or city clerk shall determine the total number of

19-26  signatures on the petition.

19-27  2.  If the county or city clerk finds that the total number of signatures

19-28  on the petition is:

19-29  (a) One hundred percent or more of the required number of

19-30  signatures of registered voters, the county or city clerk shall examine the

19-31  signatures for verification as provided in section 41 of this act.

19-32  (b) Less than 100 percent of the required number of signatures of

19-33  registered voters:

19-34     (1) The petition shall be deemed insufficient; and

19-35     (2) The county or city clerk shall not examine the signatures for

19-36  verification as provided in section 41 of this act.

19-37  Sec. 41.  1.  If the total number of signatures on the petition is 500

19-38  or less, the county or city clerk shall examine every signature on the

19-39  petition for verification.

19-40  2.  Except as otherwise provided in this subsection, if the total

19-41  number of signatures on the petition is more than 500, the county or city

19-42  clerk shall examine the signatures only by sampling them at random for

19-43  verification. The random sample of signatures to be verified must be

19-44  drawn in such a manner that every signature which has been submitted

19-45  to the county or city clerk is given an equal opportunity to be included in

19-46  the sample. The sample must include an examination of at least 500, or 5

19-47  percent, of the signatures, whichever is greater. If the examination of the


20-1  random sample shows that the number of valid signatures is less than 90

20-2  percent of the number of signatures of registered voters needed to certify

20-3  the petition sufficient, the petition must be certified insufficient pursuant

20-4  to subsection 5. If the examination of the random sample shows that the

20-5  number of valid signatures is 90 percent or more but less than 100

20-6  percent of the number of signatures of registered voters needed to certify

20-7  the petition sufficient, the county or city clerk shall continue to examine

20-8  the signatures for verification until he has:

20-9    (a) Determined that 100 percent of the number of signatures of

20-10  registered voters needed to certify the petition sufficient are valid; or

20-11  (b) Examined every signature for verification.

20-12  3.  In determining from the records of registration the number of

20-13  registered voters who have signed the petition, and in examining the

20-14  signatures on the petition for verification, the county or city clerk may

20-15  use any file or list of registered voters maintained by his office or

20-16  facsimiles of the signatures of voters. If the county or city clerk uses the

20-17  file of applications to register to vote, he shall ensure that every

20-18  application in the file is examined, including any application in his

20-19  possession which may not yet be entered into his records. The county or

20-20  city clerk may rely on the appearance of the signature, and the address

20-21  and date included with each signature, in making his determination.

20-22  Notwithstanding the provisions of this subsection, a petition must not be

20-23  certified insufficient for lack of the required number of valid signatures

20-24  if, in the absence of other proof of disqualification, any signature on the

20-25  face thereof does not exactly correspond with the signature appearing on

20-26  the file or list of registered voters used by the county or city clerk and the

20-27  identity of the signer can be ascertained from the face of the petition.

20-28  4.  If necessary, the board of county commissioners or the governing

20-29  body of the city shall allow the county or city clerk additional assistants

20-30  for examining the signatures and provide for their compensation.

20-31  5.  If, pursuant to the examination of signatures for verification as

20-32  required by this section, the number of valid signatures is:

20-33  (a) One hundred percent or more of the number of signatures of

20-34  registered voters needed to certify the petition sufficient, the petition must

20-35  be certified sufficient.

20-36  (b) Less than 100 percent of the number of signatures of registered

20-37  voters needed to certify the petition sufficient, the petition must be

20-38  certified insufficient.

20-39  Sec. 42.  1.  Upon the determination of the sufficiency or

20-40  insufficiency of the petition pursuant to section 40 or 41 of this act, the

20-41  county or city clerk shall:

20-42  (a) Attach a certificate to the petition indicating the date and the

20-43  sufficiency or insufficiency of the petition;

20-44  (b) If the petition is certified insufficient, specify the deficiencies in

20-45  the petition that render it insufficient;

20-46  (c) If the petition was submitted pursuant to NRS 295.095 or 295.205,

20-47  promptly send a copy of the certificate by registered or certified mail to

20-48  the petitioners’ committee;


21-1    (d) If the petition was submitted pursuant to NRS 295.140, promptly

21-2  send a copy of the certificate by registered or certified mail to the person

21-3  who submitted the petition; and

21-4    (e) Retain the petition and the original certificate at the office of the

21-5  county or city clerk.

21-6    2.  The petition shall be deemed filed with the county or city clerk as

21-7  of the date of the certificate showing the petition to be validly signed by

21-8  the number of registered voters needed to certify the petition sufficient.

21-9    Sec. 43.  After the submission of the petition to the county or city

21-10  clerk for verification pursuant to sections 40 to 44, inclusive, of this act,

21-11  the petition must not be handled by any person other than an employee of

21-12  the office of the county or city clerk until the county or city clerk has

21-13  attached a certificate to the petition pursuant to section 42 of this act.

21-14  Sec. 44.  The county or city clerk shall allow the person who

21-15  submitted the petition or a member of the petitioners’ committee, if any,

21-16  to witness:

21-17  1.  The determination of the total number of signatures on the

21-18  petition; and

21-19  2.  The examination of the signatures on the petition for verification.

21-20  Sec. 45.  (Deleted by amendment.)

21-21  Sec. 46.  NRS 295.095 is hereby amended to read as follows:

21-22  295.095  1.  Any five registered voters of the county may commence

21-23  initiative or referendum proceedings by filing with the county clerk an

21-24  affidavit stating they will constitute the petitioners’ committee and be

21-25  responsible for circulating the petition and filing it in proper form, stating

21-26  their names and addresses and specifying the address to which all notices

21-27  to the committee are to be sent, and setting out in full the proposed

21-28  initiative ordinance or citing the ordinance sought to be reconsidered.

21-29  2.  Initiative petitions must be signed by a number of registered voters

21-30  of the county equal to 15 percent or more of the number of voters who

21-31  voted at the last preceding general election in the county.

21-32  3.  Referendum petitions must be signed by a number of registered

21-33  voters of the county equal to 10 percent or more of the number of voters

21-34  who voted at the last preceding general election in the county.

21-35  4.  A petition must be [filed] submitted to the county clerk for

21-36  verification, pursuant to sections 40 to 44, inclusive, of this act, not later

21-37  than:

21-38  (a) One hundred and eighty days after the date that the affidavit required

21-39  by subsection 1 is filed with the county clerk; or

21-40  (b) One hundred and thirty days before the election,

21-41  whichever is earlier.

21-42  5.  A petition may consist of more than one document, but all

21-43  documents of a petition must be uniform in size and style, numbered and

21-44  assembled as one instrument for [filing.] submission. Each signature must

21-45  be executed in ink or indelible pencil and followed by the address of the

21-46  person signing and the date on which he signed the petition. All signatures

21-47  on a petition must be obtained within the period specified in subsection 4.

21-48  Each document must contain , or have attached thereto throughout its


22-1  circulation , the full text of the ordinance proposed or sought to be

22-2  reconsidered.

22-3    6.  Each document of a petition must have attached to it when [filed]

22-4  submitted an affidavit executed by the circulator thereof stating:

22-5    (a) That he personally circulated the document;

22-6    (b) The number of signatures thereon;

22-7    (c) That all the signatures were affixed in his presence;

22-8    (d) That he believes them to be genuine signatures of the persons whose

22-9  names they purport to be; and

22-10  (e) That each signer had an opportunity before signing to read the full

22-11  text of the ordinance proposed or sought to be reconsidered.

22-12  7.  The county clerk shall issue a receipt to any person who submits a

22-13  petition pursuant to this section. The receipt must set forth the number of:

22-14  (a) Documents included in the petition;

22-15  (b) Pages in each document; and

22-16  (c) Signatures that the person declares are included in the petition.

22-17  Sec. 47.  NRS 295.105 is hereby amended to read as follows:

22-18  295.105  1.  Within 20 days after the petition is [filed,] submitted to

22-19  the county clerk pursuant to NRS 295.095, the county clerk shall

22-20  complete a certificate as to its sufficiency . [, specifying, if it is insufficient,

22-21  the particulars wherein it is defective and shall promptly send a copy of the

22-22  certificate to the petitioners’ committee by registered or certified mail.

22-23  2.  A petition must not be certified insufficient for lack of the required

22-24  number of valid signatures if, in the absence of other proof of

22-25  disqualification, any signature on the face thereof does not exactly

22-26  correspond with the signature appearing on the official register of voters

22-27  and the identity of the signer can be ascertained from the face of the

22-28  petition. A petition certified insufficient for lack of the required number of

22-29  valid signatures may be amended once if the petitioners’ committee files a

22-30  notice of intention to amend it with the county clerk within 2 days after

22-31  receiving the copy of his certificate and files a supplementary petition upon

22-32  additional papers within 10 days after receiving the copy of the certificate.

22-33  A supplementary petition must comply with the requirements of

22-34  subsections 5 and 6 of NRS 295.095, and within 5 days after it is filed the

22-35  county clerk shall complete a certificate as to the sufficiency of the petition

22-36  as amended and promptly send a copy of the certificate to the petitioners’

22-37  committee by registered or certified mail.

22-38  3.] 2. If a petition [or amended petition] is certified sufficient, or if a

22-39  petition [or amended petition] is certified insufficient and the petitioners’

22-40  committee does not elect to [amend or] request board review under

22-41  subsection [4] 3 within the time required, the county clerk shall promptly

22-42  present his certificate to the board and the certificate is a final

22-43  determination as to the sufficiency of the petition.

22-44  [4.] 3. If a [petition has been certified insufficient and the petitioners’

22-45  committee does not file notice of intention to amend it or if an amended]

22-46  petition has been certified insufficient, the committee may, within 2 days

22-47  after receiving a copy of the certificate, file a request that it be reviewed by

22-48  the board. The board shall review the certificate at its next meeting

22-49  following the filing of the request and approve or disapprove it, and the


23-1  determination of the board is a final determination as to the sufficiency of

23-2  the petition.

23-3    [5.] 4.  A final determination as to the sufficiency of a petition is

23-4  subject to [court] judicial review. A final determination of insufficiency,

23-5  even if sustained upon [court] judicial review, does not prejudice the filing

23-6  of a new petition for the same purpose.

23-7    Sec. 48.  NRS 295.115 is hereby amended to read as follows:

23-8    295.115  1.  When an initiative or referendum petition has been finally

23-9  determined sufficient, the board shall promptly consider the proposed

23-10  initiative ordinance in the manner provided by law for the consideration of

23-11  ordinances generally or reconsider the referred ordinance by voting its

23-12  repeal. If , within 30 days after the date the petition was finally

23-13  determined sufficient, the board fails to adopt [a] the proposed initiative

23-14  ordinance without any change in substance [within 60 days] or fails to

23-15  repeal the referred ordinance [within 30 days after the date the petition was

23-16  finally determined sufficient, it] , the board shall submit the proposed or

23-17  referred ordinance to the registered voters of the county.

23-18  2.  The vote of the county on [a] the proposed or referred ordinance

23-19  must be held at the next primary or general election. Copies of the

23-20  proposed or referred ordinance must be made available at the polls.

23-21  3.  An initiative or referendum petition may be withdrawn at any time

23-22  before the 30th day preceding the day scheduled for a vote of the county or

23-23  the deadline for placing questions on the ballot, whichever is earlier, by

23-24  filing with the county clerk a request for withdrawal signed by at least four

23-25  members of the petitioners’ original committee. Upon the filing of that

23-26  request, the petition has no further effect and all proceedings thereon must

23-27  be terminated.

23-28  Sec. 49.  NRS 295.140 is hereby amended to read as follows:

23-29  295.140  1.  Whenever 10 percent or more of the registered voters of

23-30  any county of this state, as shown by the number of registered voters who

23-31  voted at the last preceding general election, express their wish that any act

23-32  or resolution enacted by the legislature, and pertaining to that county only,

23-33  be submitted to the vote of the people, they shall [file with] submit to the

23-34  county clerk[, not less than 4 months before the time set for the next

23-35  succeeding general election,] a petition, which must contain the names and

23-36  residence addresses of at least 10 percent of the registered voters of that

23-37  county, demanding that a referendum vote be had by the people of the

23-38  county at the next primary or general election upon the act or resolution on

23-39  which the referendum is demanded.

23-40  2.  A petition must be submitted to the county clerk for verification,

23-41  pursuant to sections 40 to 44, inclusive, of this act, not later than 130

23-42  days before the time set for the next succeeding general election.

23-43  3.  A petition may consist of more than one document, but all

23-44  documents of a petition must be uniform in size and style, numbered and

23-45  assembled as one instrument for submission. Each signature must be

23-46  executed in ink or indelible pencil and followed by the address of the

23-47  person signing and the date on which he signed the petition. Each

23-48  document must contain, or have attached thereto throughout its


24-1  circulation, the full text of the act or resolution on which the referendum

24-2  is demanded.

24-3    4.  Each document of a petition must have attached to it when

24-4  submitted an affidavit executed by the circulator thereof stating:

24-5    (a) That he personally circulated the document;

24-6    (b) The number of signatures thereon;

24-7    (c) That all the signatures were affixed in his presence;

24-8    (d) That he believes them to be genuine signatures of the persons

24-9  whose names they purport to be; and

24-10  (e) That each signer had an opportunity before signing to read the full

24-11  text of the act or resolution on which the referendum is demanded.

24-12  5.  The county clerk shall issue a receipt to any person who submits a

24-13  petition pursuant to this section. The receipt must set forth the number

24-14  of:

24-15  (a) Documents included in the petition;

24-16  (b) Pages in each document; and

24-17  (c) Signatures that the person declares are included in the petition.

24-18  6.  Within 20 days after a petition is submitted, the county clerk shall

24-19  complete a certificate as to its sufficiency. Unless a request for review is

24-20  filed pursuant to subsection 7, the certificate is a final determination as

24-21  to the sufficiency of the petition.

24-22  7.  If a petition is certified insufficient, the person who submitted the

24-23  petition may, within 2 days after receiving a copy of the certificate, file a

24-24  request that it be reviewed by the board of county commissioners. The

24-25  board shall review the certificate at its next meeting following the filing

24-26  of the request and approve or disapprove it, and the determination of the

24-27  board is a final determination as to the sufficiency of the petition.

24-28  8.  A final determination as to the sufficiency of a petition is subject

24-29  to judicial review. A final determination of insufficiency, even if

24-30  sustained upon judicial review, does not prejudice the filing of a new

24-31  petition for the same purpose.

24-32  Sec. 50.  NRS 295.160 is hereby amended to read as follows:

24-33  295.160  1.  [The] If the petition is determined to be sufficient, the

24-34  county clerk shall [file the petition upon its receipt by him. At] , at the next

24-35  primary or general election , [he shall] submit the act or resolution, by

24-36  appropriate questions on the ballot, for the approval or disapproval of the

24-37  people of that county.

24-38  2.  The county clerk shall publish those questions in accordance with

24-39  the provisions of law requiring county clerks to publish questions and

24-40  proposed constitutional amendments which are to be submitted for popular

24-41  vote.

24-42  Sec. 51.  NRS 295.205 is hereby amended to read as follows:

24-43  295.205  1.  Any five registered voters of the city may commence

24-44  initiative or referendum proceedings by filing with the city clerk an

24-45  affidavit:

24-46  (a) Stating they will constitute the petitioners’ committee and be

24-47  responsible for circulating the petition and filing it in proper form;

24-48  (b) Stating their names and addresses;


25-1    (c) Specifying the address to which all notices to the committee are to

25-2  be sent; and

25-3    (d) Setting out in full the proposed initiative ordinance or citing the

25-4  ordinance sought to be reconsidered.

25-5    2.  Initiative petitions must be signed by a number of registered voters

25-6  of the city equal to 15 percent or more of the number of voters who voted

25-7  at the last preceding city election.

25-8    3.  Referendum petitions must be signed by a number of registered

25-9  voters of the city equal to 10 percent or more of the number of voters who

25-10  voted at the last preceding city election.

25-11  4.  A petition must be [filed] submitted to the city clerk for

25-12  verification, pursuant to sections 40 to 44, inclusive, of this act, not later

25-13  than:

25-14  (a) One hundred and eighty days after the date that the affidavit required

25-15  by subsection 1 is filed with the city clerk; or

25-16  (b) One hundred and thirty days before the election,

25-17  whichever is earlier.

25-18  5.  A petition may consist of more than one document, but all

25-19  documents of a petition must be uniform in size and style, numbered and

25-20  assembled as one instrument for [filing.] submission. Each signature must

25-21  be executed in ink or indelible pencil and followed by the address of the

25-22  person signing and the date on which he signed the petition. All signatures

25-23  on a petition must be obtained within the period specified in subsection 4.

25-24  Each document must contain , or have attached thereto throughout its

25-25  circulation , the full text of the ordinance proposed or sought to be

25-26  reconsidered.

25-27  6.  Each document of a petition must have attached to it when [filed]

25-28  submitted an affidavit executed by the circulator thereof stating:

25-29  (a) That he personally circulated the document;

25-30  (b) The number of signatures thereon;

25-31  (c) That all the signatures were affixed in his presence;

25-32  (d) That he believes them to be genuine signatures of the persons whose

25-33  names they purport to be; and

25-34  (e) That each signer had an opportunity before signing to read the full

25-35  text of the ordinance proposed or sought to be reconsidered.

25-36  7.  The city clerk shall issue a receipt to any person who submits a

25-37  petition pursuant to this section. The receipt must set forth the number of:

25-38  (a) Documents included in the petition;

25-39  (b) Pages in each document; and

25-40  (c) Signatures that the person declares are included in the petition.

25-41  Sec. 52.  NRS 295.210 is hereby amended to read as follows:

25-42  295.210  1.  Within 20 days after the petition is [filed,] submitted to

25-43  the city clerk pursuant to NRS 295.205, the city clerk shall [examine the

25-44  signatures thereon,] complete a certificate as to its sufficiency . [,

25-45  specifying, if it is insufficient, the particulars wherein it is defective and

25-46  shall promptly send a copy of the certificate to the petitioners’ committee

25-47  by registered or certified mail.

25-48  2.  If more than 500 names are signed on the documents filed with him,

25-49  the city clerk must examine the signatures by sampling them randomly for


26-1  verification. The random sample of signatures to be verified must be drawn

26-2  in such a manner that every signature which has been submitted to the city

26-3  clerk is given an equal opportunity to be included in the sample. The

26-4  sample must include an examination of at least 500 signatures or 5 percent

26-5  of the signatures, whichever is greater.

26-6  3.  A petition must not be certified insufficient for lack of the required

26-7  number of valid signatures if, in the absence of other proof of

26-8  disqualification, any signature on the face thereof does not exactly

26-9  correspond with the signature appearing on the official register of voters

26-10  and the identity of the signer can be ascertained from the face of the

26-11  petition. A petition certified insufficient for lack of the required number of

26-12  valid signatures may be amended once if the petitioners’ committee files a

26-13  notice of intention to amend it with the city clerk within 2 days after

26-14  receiving the copy of his certificate and files a supplementary petition upon

26-15  additional papers within 10 days after receiving the copy of the certificate.

26-16  A supplementary petition must comply with the requirements of

26-17  subsections 5 and 6 of NRS 295.205, and within 5 days after it is filed the

26-18  city clerk shall complete a certificate as to the sufficiency of the petition as

26-19  amended and promptly send a copy of the certificate to the petitioners’

26-20  committee by registered or certified mail.

26-21  4.] 2. If a petition [or amended petition] is certified sufficient, or if a

26-22  petition [or amended petition] is certified insufficient and the petitioners’

26-23  committee does not elect to [amend or] request council review under

26-24  subsection [5] 3 within the time required, the city clerk must promptly

26-25  present his certificate to the council and the certificate is a final

26-26  determination as to the sufficiency of the petition.

26-27  [5.] 3. If a [petition has been certified insufficient and the petitioners’

26-28  committee does not file notice of intention to amend it or if an amended]

26-29  petition has been certified insufficient, the committee may, within 2 days

26-30  after receiving the copy of the certificate, file a request that it be reviewed

26-31  by the council. The council shall review the certificate at its next meeting

26-32  following the filing of the request and approve or disapprove it, and the

26-33  council’s determination is a final determination as to the sufficiency of the

26-34  petition.

26-35  [6.] 4. A final determination as to the sufficiency of a petition is

26-36  subject to [court] judicial review. A final determination of insufficiency,

26-37  even if sustained upon [court] judicial review, does not prejudice the filing

26-38  of a new petition for the same purpose.

26-39  Sec. 53.  NRS 295.215 is hereby amended to read as follows:

26-40  295.215  1.  When an initiative or referendum petition has been finally

26-41  determined sufficient, the council shall promptly consider the proposed

26-42  initiative ordinance in the manner provided by law for the consideration of

26-43  ordinances generally or reconsider the referred ordinance by voting its

26-44  repeal. If , within 30 days after the date the petition was finally

26-45  determined sufficient, the council fails to adopt [a] the proposed initiative

26-46  ordinance without any change in substance [within 60 days] or fails to

26-47  repeal the referred ordinance [within 30 days after the date the petition was

26-48  finally determined sufficient, it] , the council shall submit the proposed or

26-49  referred ordinance to the registered voters of the city.


27-1    2.  The vote of the city on [a] the proposed or referred ordinance must

27-2  be held at the next primary or general city election or primary or general

27-3  election. Copies of the proposed or referred ordinance must be made

27-4  available at the polls.

27-5    3.  An initiative or referendum petition may be withdrawn at any time

27-6  before the 30th day preceding the day scheduled for a vote of the city or

27-7  the deadline for placing questions on the ballot, whichever is earlier, by

27-8  filing with the city clerk a request for withdrawal signed by at least four

27-9  members of the petitioners’ original committee. Upon the filing of that

27-10  request the petition has no further effect and all proceedings thereon must

27-11  be terminated.

27-12  Sec. 54.  NRS 306.015 is hereby amended to read as follows:

27-13  306.015  1.  Before a petition to recall a public officer is circulated,

27-14  the persons proposing to circulate the petition must file a notice of intent

27-15  with the filing officer.

27-16  2.  The notice of intent:

27-17  (a) Must be signed by three registered voters who actually voted in this

27-18  state or in the county, district or municipality electing the officer at the last

27-19  preceding general election.

27-20  (b) Must be signed before a person authorized by law to administer

27-21  oaths that the statements and signatures contained in the notice are true.

27-22  (c) Is valid until the date on which the call for a special election is

27-23  issued, as set forth in NRS 306.040.

27-24  3.  The petition may consist of more than one document. The persons

27-25  filing the notice of intent shall submit the petition that was circulated for

27-26  signatures to the filing officer within 60 days after the date on which the

27-27  notice of intent was filed. The filing officer shall immediately submit the

27-28  petition to the county clerk for verification pursuant to NRS 306.035. Any

27-29  person who fails to [file] submit the petition to the filing officer as

27-30  required by this subsection is guilty of a misdemeanor. Copies of the

27-31  petition are not valid for any subsequent petition.

27-32  4.  The county clerk shall, upon completing the verification of the

27-33  signatures on the petition, file the petition with the filing officer.

27-34  5.  Any person who signs a petition to recall any public officer may

27-35  request that the county clerk remove his name from the petition by

27-36  submitting a request in writing to the county clerk at any time before the

27-37  petition is submitted for the verification of the signatures thereon pursuant

27-38  to NRS 306.035.

27-39  6.  A person who signs a notice of intent pursuant to subsection 1 or a

27-40  petition to recall a public officer is immune from civil liability for conduct

27-41  related to the exercise of his right to participate in the recall of a public

27-42  officer.

27-43  7.  As used in this section, “filing officer” means the officer with whom

27-44  the public officer to be recalled filed his declaration of candidacy or

27-45  acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

27-46  Sec. 55.  (Deleted by amendment.)

 

 


28-1    Sec. 56.  Chapter 283 of NRS is hereby amended by adding thereto a

28-2  new section to read as follows:

28-3    1.  Upon making an appointment to fill a vacancy in an elected office,

28-4  the appointing authority shall notify the filing officer for that elected

28-5  office. The notice must include:

28-6    (a) The name, residence address and telephone number of the

28-7  appointed person;

28-8    (b) The political party of the appointed person; and

28-9    (c) The term of the appointment.

28-10  2.  This section applies to each appointment to fill a vacancy in an

28-11  elected office, including, without limitation, the initial appointment to fill

28-12  a vacancy in a newly created elected office.

28-13  3.  As used in this section, “filing officer” has the meaning ascribed

28-14  to it in NRS 293.057.

28-15  Sec. 57.  Section 5.070 of the charter of the City of Caliente, being

28-16  chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read

28-17  as follows:

28-18  Sec. 5.070  Availability of lists of registered voters.  If, for any

28-19  purpose relating to a municipal election or to candidates or issues

28-20  involved in such an election, any organization, group or person

28-21  requests a list of registered voters of the city, the department, office or

28-22  agency which has custody of the official register of voters shall ,

28-23  except as otherwise provided in NRS 293.558, either permit the

28-24  organization, group or person to copy the voters’ names and addresses

28-25  from the official register of voters or furnish such a list.

28-26  Sec. 58.  Section 5.060 of the charter of the City of Carlin, being

28-27  chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to

28-28  read as follows:

28-29  Sec. 5.060  Availability of lists of registered voters.  If, for any

28-30  purpose relating to a municipal election or to candidates or issues

28-31  involved in such an election, any organization, group or person

28-32  requests a list of registered voters of the city, the department, office or

28-33  agency which has custody of the official register of voters shall ,

28-34  except as otherwise provided in NRS 293.558, either permit the

28-35  organization, group or person to copy the voters’ names and addresses

28-36  from the official register of voters or furnish such a list.

28-37  Sec. 59.  Section 5.070 of the charter of Carson City, being chapter

28-38  213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of

28-39  Nevada 1985, at page 478, is hereby amended to read as follows:

28-40  Sec. 5.070  Availability of list of registered voters.  If, for any

28-41  purpose relating to a municipal election or to the candidates or issues

28-42  involved in that election, any organization, group or person requests a

28-43  list of the registered voters of Carson City, the department, office or

28-44  agency which has custody of the official register of voters shall[:] ,

28-45  except as otherwise provided in NRS 293.558:

28-46  1.  Permit the organization, group or person to copy the voters’

28-47  names and addresses from the official register of voters; or

28-48  2.  Furnish the list upon payment of the fee which is prescribed in

28-49  chapter 293 of NRS.


29-1    Sec. 60.  Section 5.060 of the charter of the City of Elko, being chapter

29-2  276, Statutes of Nevada 1971, at page 489, is hereby amended to read as

29-3  follows:

29-4  Sec. 5.060  Availability of lists of registered voters.  If, for any

29-5  purpose relating to a municipal election or to candidates or issues

29-6  involved in such an election, any organization, group or person

29-7  requests a list of registered voters of the city, the department, office or

29-8  agency which has custody of the official register of voters shall ,

29-9  except as otherwise provided in NRS 293.558, either permit the

29-10  organization, group or person to copy the voters’ names and addresses

29-11  from the official register of voters or furnish such a list.

29-12  Sec. 61.  (Deleted by amendment.)

29-13  Sec. 62.  Section 5.070 of the charter of the City of Las Vegas, being

29-14  chapter 517, Statutes of Nevada 1983, at page 1416, is hereby amended to

29-15  read as follows:

29-16  Sec. 5.070  Availability of lists of registered voters.  If, for any

29-17  purpose which relates to a municipal election or to the candidates or

29-18  issues which are involved in that election, any organization, group or

29-19  person requests a list of the registered voters of the city, the

29-20  department, office or agency which has custody of the official register

29-21  of voters shall , except as otherwise provided in NRS 293.558, either

29-22  permit that organization, group or person to copy the voters’ names

29-23  and addresses from the official register of voters or furnish the list

29-24  upon payment of the fee which is prescribed in chapter 293 of NRS.

29-25  Sec. 63.  Section 5.070 of the charter of the City of Reno, being

29-26  chapter 662, Statutes of Nevada 1971, as last amended by chapter 9,

29-27  Statutes of Nevada 1993, at page 23, is hereby amended to read as follows:

29-28  Sec. 5.070  Availability of lists of registered voters.  If, for any

29-29  purpose relating to an election or to candidates or issues involved in

29-30  that election, any organization, group or person requests a list of

29-31  registered voters of the city, the department, office or agency which

29-32  has custody of the official register of voters shall , except as otherwise

29-33  provided in NRS 293.558, permit the organization, group or person to

29-34  copy the voters’ names and addresses from the official register of

29-35  voters or furnish such a list upon payment of the cost established by

29-36  state election law.

29-37  Sec. 64.  Section 5.070 of the charter of the City of Sparks, being

29-38  chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to

29-39  read as follows:

29-40     Sec. 5.070  Availability of lists of registered voters.  If, for any

29-41  purpose relating to an election or to candidates or issues involved in

29-42  an election, any organization, group or person requests a list of

29-43  registered voters of the city, the department, office or agency which

29-44  has custody of the official records of voters [shall:] shall, except as

29-45  otherwise provided in NRS 293.558:

29-46     1.  Permit the organization, group or person to copy the names and

29-47  addresses of voters from the official register of voters; or

29-48     2.  Furnish such a list upon payment of the cost established by

29-49  state election law.


30-1    Sec. 65.  Section 5.060 of the charter of the City of Wells, being

30-2  chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to

30-3  read as follows:

30-4  Sec. 5.060  Availability of lists of registered voters.  If, for any

30-5  purpose relating to a municipal election or to candidates or issues

30-6  involved in such an election, any organization, group or person

30-7  requests a list of registered voters of the city, the department, office or

30-8  agency which has custody of the official register of voters shall ,

30-9  except as otherwise provided in NRS 293.558, either permit the

30-10  organization, group or person to copy the voters’ names and addresses

30-11  from the official register of voters or furnish such a list.

30-12  Sec. 66.  Section 5.060 of the charter of the City of Yerington, being

30-13  chapter 465, Statutes of Nevada 1971, at page 913, is hereby amended to

30-14  read as follows:

30-15  Sec. 5.060  Availability of lists of registered voters.  If, for any

30-16  purpose relating to a municipal election or to candidates or issues

30-17  involved in such an election, any organization, group or person

30-18  requests a list of registered voters of the city, the department, office or

30-19  agency which has custody of the official register of voters shall ,

30-20  except as otherwise provided in NRS 293.558, furnish such a list at a

30-21  fee to be established by the city council.

30-22  Sec. 67.  NRS 293.037, 293B.320 and 293C.537 are hereby repealed.

 

 

30-23  LEADLINES OF REPEALED SECTIONS

 

 

30-24  293.037  “Checklist” defined.

30-25  293B.320  Time allowed in booth; removal from booth.

30-26  293C.537  County clerk to prepare checklists for wards or voting

30-27   districts in cities; contents of checklists; use of checklists by election

30-28   board members.

 

30-29  H