Assembly Bill No. 638–Committee on Elections,
Procedures, and Ethics

 

March 26, 2001

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes regarding elections, ethics and financial disclosures. (BDR 24‑873)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

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

 

AN ACT relating to governmental administration; requiring the county or city clerk under certain circumstances to provide the result of a challenge of a voter to the person who initiated the challenge; revising the standards for counting a vote cast using certain methods of voting; allowing an elector who is not a registered voter to vote for President, Vice President, United States Senator and Representative in Congress; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising certain ethical standards applicable to public officers and employees; removing the requirement that a judicial officer and a candidate for judicial office must file certain statements of financial disclosure; 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, 3 and 4 of this act.

1-3    Sec. 2.  1.  Not later than 10 working days after each election, the

1-4  county clerk shall mail a notice to each person who is listed on the

1-5  challenge list as the registered voter who initiated a challenge pursuant

1-6  to NRS 293.303.

1-7    2.  The notice mailed pursuant to subsection 1 must indicate:

1-8    (a) The name of the person who was challenged, if known; and

1-9    (b) The result of the challenge.

1-10    Sec. 3.  1.  When counting a vote in an election, if more choices

1-11  than permitted by the instructions for a ballot are marked for any office

1-12  or question, the vote for that office or question may not be counted.

2-1    2.  Except as otherwise provided in subsection 1, in an election in

2-2  which a paper ballot is used whereby a vote is cast by placing a mark in

2-3  the designated space on the paper ballot, a vote must be counted if the

2-4  designated space is darkened or there is another mark in the designated

2-5  space.

2-6    3.  Except as otherwise provided in subsection 1, in an election in

2-7  which a mechanical voting system is used whereby a vote is cast by

2-8  punching a card:

2-9    (a) A chip on the card must be counted as a vote if:

2-10      (1) The chip has at least one corner that is detached from the card;

2-11  or

2-12      (2) The fibers of paper on at least one edge of the chip are broken

2-13  in a way that permits unimpeded light to be seen through the card.

2-14    (b) A writing or other mark on the card, including, without limitation,

2-15  a cross, check, tear or scratch, may not be counted as a vote.

2-16    4.  Except as otherwise provided in subsection 1, in an election in

2-17  which a mechanical voting system is used whereby a vote is cast by

2-18  darkening a designated space on the ballot:

2-19    (a) A vote must be counted if the designated space is darkened or

2-20  there is a cross, check or other writing in the designated space; and

2-21    (b) Except for a mark described in paragraph (a), a writing or other

2-22  mark on the card, including, without limitation, a cross, check, tear or

2-23  scratch, may not be counted as a vote.

2-24    Sec. 4.  1.  An elector who is not a registered voter may vote

2-25  pursuant to this section.

2-26    2.  To vote pursuant to this section, the elector must:

2-27    (a) Apply to the county clerk for the appropriate ballot using the form

2-28  prescribed by the secretary of state; and

2-29    (b) Vote only in the office of the county clerk during regular office

2-30  hours.

2-31    3.  A county clerk, upon receipt of an application pursuant to this

2-32  section, shall provide the elector a ballot and any other materials

2-33  necessary to vote:

2-34    (a) For President and Vice President of the United States;

2-35    (b) For United States Senator; and

2-36    (c) If the elector furnishes satisfactory identification containing proof

2-37  of the location at which he actually resides, for the appropriate

2-38  Representative in Congress.

2-39    4.  A vote cast pursuant to this section must not be:

2-40    (a) Combined with the total of a precinct but must be segregated at the

2-41  precinct and then combined with the totals for the county.

2-42    (b) Included in precinct, district, county or state totals for other

2-43  electoral purposes.

2-44    5.  The secretary of state may, in a manner consistent with the

2-45  election laws of this state, adopt regulations to effectuate the purposes of

2-46  this section.

 

 

 

3-1    Sec. 5.  NRS 293.303 is hereby amended to read as follows:

3-2    293.303  1.  A person applying to vote may be challenged:

3-3    (a) Orally by any registered voter of the precinct or district upon the

3-4  ground that he is not the person entitled to vote as claimed or has voted

3-5  before at the same election; or

3-6    (b) On any ground set forth in a challenge filed with the county clerk

3-7  pursuant to the provisions of NRS 293.547.

3-8    2.  If a person is challenged, an election board officer shall tender the

3-9  challenged person the following oath or affirmation:

3-10    (a) If the challenge is on the ground that he does not belong to the

3-11  political party designated upon the register, “I swear or affirm under

3-12  penalty of perjury that I belong to the political party designated upon the

3-13  register”;

3-14    (b) If the challenge is on the ground that the register does not show that

3-15  he designated the political party to which he claims to belong, “I swear or

3-16  affirm under penalty of perjury that I designated on the application to

3-17  register to vote the political party to which I claim to belong”;

3-18    (c) If the challenge is on the ground that he does not reside at the

3-19  residence for which the address is listed in the election board register, “I

3-20  swear or affirm under penalty of perjury that I reside at the residence for

3-21  which the address is listed in the election board register”;

3-22    (d) If the challenge is on the ground that he previously voted a ballot for

3-23  the election, “I swear or affirm under penalty of perjury that I have not

3-24  voted for any of the candidates or questions included on this ballot for this

3-25  election”; or

3-26    (e) If the challenge is on the ground that he is not the person he claims

3-27  to be, “I swear or affirm under penalty of perjury that I am the person

3-28  whose name is in this election board register.”

3-29  The oath or affirmation must be set forth on a form prepared by the

3-30  secretary of state and signed by the challenged person under penalty of

3-31  perjury.

3-32    3.  Except as otherwise provided in subsection 4, if the challenged

3-33  person refuses to execute the oath or affirmation so tendered, he must not

3-34  be issued a ballot, and the officer in charge of the election board register

3-35  shall write the words “Challenged ................” opposite his name in the

3-36  election board register.

3-37    4.  If the challenged person refuses to execute the oath or affirmation

3-38  set forth in paragraph (a) or (b) of subsection 2, the election board officers

3-39  shall issue him a nonpartisan ballot.

3-40    5.  If the challenged person refuses to execute the oath or affirmation

3-41  set forth in paragraph (c) of subsection 2, the election board officers shall

3-42  inform him that he is entitled to vote only in the manner prescribed in NRS

3-43  293.304.

3-44    6.  If the challenged person executes the oath or affirmation and the

3-45  challenge is not based on the ground set forth in paragraph (e) of

3-46  subsection 2, the election board officers shall issue him a partisan ballot.

3-47    7.  If the challenge is based on the ground set forth in paragraph (c) of

3-48  subsection 2, and the challenged person executes the oath or affirmation,

3-49  the election board shall not issue the person a ballot until he furnishes

4-1  satisfactory identification which contains proof of the address at which he

4-2  actually resides.

4-3    8.  If the challenge is based on the ground set forth in paragraph (e) of

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

4-5  the election board shall not issue the person a ballot unless he:

4-6    (a) Furnishes official identification which contains a photograph of

4-7  himself, such as his driver’s license or other official document; or

4-8    (b) Brings before the election board officers a person who is at least 18

4-9  years [old] of age who:

4-10      (1) Furnishes official identification which contains a photograph of

4-11  himself, such as his driver’s license or other official document; and

4-12      (2) Executes an oath or affirmation under penalty of perjury that the

4-13  challenged person is who he swears he is.

4-14    9.  The election board officers shall [record the result of the
challenge] :

4-15    (a) Record on the challenge list[, and the election board officer in

4-16  charge of the checklist shall indicate] :

4-17      (1) The name of the challenged person;

4-18      (2) The name of the registered voter who initiated the challenge;

4-19  and

4-20      (3) The result of the challenge;

4-21    (b) If possible, orally notify the registered voter who initiated the

4-22  challenge of the result of the challenge; and

4-23    (c) Indicate on the checklist next to the name of the challenged person

4-24  the result of the challenge.

4-25    Sec. 6.  NRS 293.317 is hereby amended to read as follows:

4-26    293.317  Absent ballots , including special absent ballots described in

4-27  NRS 293.3155, received by the county or city clerk after the polls are

4-28  closed on the day of election are invalid.

4-29    Sec. 7.  NRS 293.367 is hereby amended to read as follows:

4-30    293.367  1.  The basic factor to be considered by an election board

4-31  when making a determination of whether a particular ballot must be

4-32  rejected is whether any identifying mark appears on the ballot which, in the

4-33  opinion of the election board, constitutes an identifying mark such that

4-34  there is a reasonable belief entertained in good faith that the ballot has been

4-35  tampered with and, as a result of the tampering, the outcome of the election

4-36  would be affected.

4-37    2.  The regulations for counting ballots must include provisions that:

4-38    (a) [A vote on a paper ballot may not be counted unless indicated by a

4-39  cross in the appropriate square.

4-40    (b)] An error in marking one or more votes on a ballot does not

4-41  invalidate any votes properly marked on that ballot.

4-42    [(c) If more choices than permitted by the instructions are marked for

4-43  any office or question, the vote for that office or question may not be

4-44  counted.

4-45    (d) If it is impossible to determine a voter’s choice for any office or

4-46  question, his vote or votes for that office or question may not be counted.

5-1    (e)] (b) A soiled or defaced ballot may not be rejected if it appears that

5-2  the soiling or defacing was inadvertent and was not done purposely to

5-3  identify the ballot.

5-4    [(f)] (c) Only devices provided for in this chapter or chapter 293B of

5-5  NRS may be used in marking ballots.

5-6    [(g)] (d) It is unlawful for any election board officer to place any mark

5-7  upon any ballot other than a spoiled ballot.

5-8    [(h)] (e) When an election board officer rejects a ballot for any alleged

5-9  defect or illegality, the officer shall seal the ballot in an envelope and write

5-10  upon the envelope a statement that it was rejected and the reason for

5-11  rejecting it. Each election board officer shall sign the envelope.

5-12    [(i)] (f) In counties where mechanical voting systems are used whereby

5-13  a vote is cast by punching a card, a superfluous punch into any card does

5-14  not constitute grounds for rejection of the ballot unless the election board

5-15  determines that the condition of the ballot justifies its exclusion pursuant to

5-16  subsection 1.

5-17    Sec. 8.  NRS 293B.330 is hereby amended to read as follows:

5-18    293B.330  1.  Upon closing of the polls, the election board shall:

5-19    (a) Secure all mechanical recording devices against further voting.

5-20    (b) If a mechanical voting system is used whereby votes are cast by

5-21  punching a card:

5-22      (1) Count the number of ballots in the ballot boxes.

5-23      (2) Account for all ballots on the statement of ballots.

5-24      (3) Place all official ballots, the ballot statement and any other

5-25  records, reports and materials as directed by the county clerk into the

5-26  container provided by him to transport those items to a central counting

5-27  place and seal the container.

5-28    (c) If a mechanical voting system is used whereby votes are directly

5-29  recorded electronically:

5-30      (1) Ensure that each mechanical recording device:

5-31          (I) Provides a record printed on paper of the total number of votes

5-32  recorded on the device for each candidate and for or against each measure;

5-33  and

5-34          (II) Transfers the ballots voted on that device to the storage device

5-35  required pursuant to NRS 293B.084.

5-36      (2) Count the number of ballots voted at the polling place.

5-37      (3) Account for all ballots on the statement of ballots.

5-38      (4) Place all records printed on paper provided by the mechanical

5-39  recording devices, all storage devices which store the ballots voted on the

5-40  mechanical recording devices, and any other records, reports and materials

5-41  as directed by the county clerk into the container provided by him to

5-42  transport those items to a central counting place and seal the container.

5-43    (d) Record the number of voters on a form provided by the county

5-44  clerk.

5-45    2.  If a difference exists between the number of voters and the

5-46  number of ballots voted, the election board shall report the difference

5-47  and any known reasons for the difference, in writing, to the county clerk.

5-48    3.  After closing the polls, the election board shall:

6-1    (a) Compare the quantity of the supplies furnished by the county clerk

6-2  with the inventory of those supplies; and

6-3    (b) Note any shortages.

6-4    4.  The county clerk shall allow members of the general public to

6-5  observe the handling of the ballots pursuant to subsection 1 if those

6-6  members do not interfere with the handling of the ballots.

6-7    Sec. 9.  NRS 293B.375 is hereby amended to read as follows:

6-8    293B.375  If ballots which are voted by punching a card are used, the

6-9  ballot duplicating board shall:

6-10    1.  Receive damaged ballots, including ballots which have been torn,

6-11  bent or mutilated.

6-12    2.  Receive cards with incompletely punched chips.

6-13    3.  Prepare on a distinctly colored, serially numbered ballot marked

6-14  “duplicate” an exact copy of each damaged ballot.

6-15    4.  In the case of a card with an incompletely punched chip:

6-16    (a) Remove the incompletely punched chip[;] if:

6-17      (1) The chip has at least one corner that is detached from the card;

6-18  or

6-19      (2) The fibers of paper on at least one edge of the chip are broken

6-20  in a way that permits unimpeded light to be seen through the card; or

6-21    (b) Duplicate the card without punching the location of the incompletely

6-22  punched chip[, according to the county clerk’s determination of the

6-23  probable intent of the voter.] if:

6-24      (1) The chip does not have at least one corner that is detached from

6-25  the card; and

6-26      (2) The fibers of paper on no edge of the chip are broken in a way

6-27  that permits unimpeded light to be seen through the card.

6-28    5.  Record the serial number of the duplicate ballot on the damaged

6-29  original ballot and return the damaged and duplicate ballots to the

6-30  appropriate ballot inspection board.

6-31    6.  Hold aside the duplicated ballots for counting after all other ballots

6-32  are counted if this procedure is directed by the county clerk.

6-33    Sec. 10.  Chapter 293C of NRS is hereby amended by adding thereto

6-34  the provisions set forth as sections 11 and 12 of this act.

6-35    Sec. 11.  1.  Not later than 10 working days after each election, the

6-36  city clerk shall mail a notice to each person who is listed on the challenge

6-37  list as a registered voter who initiated a challenge pursuant to NRS

6-38  293C.292.

6-39    2.  The notice mailed pursuant to subsection 1 must indicate:

6-40    (a) The name of the person who was challenged, if known; and

6-41    (b) The result of the challenge.

6-42    Sec. 12.  1.  When counting a vote in an election, if more choices

6-43  than permitted by the instructions for a ballot are marked for any office

6-44  or question, the vote for that office or question may not be counted.

6-45    2.  Except as otherwise provided in subsection 1, in an election in

6-46  which a paper ballot is used whereby a vote is cast by placing a mark in

6-47  the designated space on the paper ballot, a vote must be counted if the

6-48  designated space is darkened or there is another mark in the designated

6-49  space.

7-1    3.  Except as otherwise provided in subsection 1, in an election in

7-2  which a mechanical voting system is used whereby a vote is cast by

7-3  punching a card:

7-4    (a) A chip on the card must be counted as a vote if:

7-5       (1) The chip has at least one corner that is detached from the card;

7-6  or

7-7       (2) The fibers of paper on at least one edge of the chip are broken

7-8  in a way that permits unimpeded light to be seen through the card.

7-9    (b) A writing or other mark on the card, including, without limitation,

7-10  a cross, check, tear or scratch, may not be counted as a vote.

7-11    4.  Except as otherwise provided in subsection 1, in an election in

7-12  which a mechanical voting system is used whereby a vote is cast by

7-13  darkening a designated space on the ballot:

7-14    (a) A vote must be counted if the designated space is darkened or

7-15  there is a cross, check or other writing in the designated space; and

7-16    (b) Except for a mark described in paragraph (a), a writing or other

7-17  mark on the card, including, without limitation, a cross, check, tear or

7-18  scratch, may not be counted as a vote.

7-19    Sec. 13.  NRS 293C.292 is hereby amended to read as follows:

7-20    293C.292  1.  A person applying to vote may be challenged:

7-21    (a) Orally by any registered voter of the precinct or district upon the

7-22  ground that he is not the person entitled to vote as claimed or has voted

7-23  before at the same election; or

7-24    (b) On any ground set forth in a challenge filed with the county clerk

7-25  pursuant to the provisions of NRS 293.547.

7-26    2.  If a person is challenged, an election board officer shall tender the

7-27  challenged person the following oath or affirmation:

7-28    (a) If the challenge is on the ground that he does not reside at the

7-29  residence for which the address is listed in the election board register, “I

7-30  swear or affirm under penalty of perjury that I reside at the residence for

7-31  which the address is listed in the election board register”;

7-32    (b) If the challenge is on the ground that he previously voted a ballot for

7-33  the election, “I swear or affirm under penalty of perjury that I have not

7-34  voted for any of the candidates or questions included on this ballot for this

7-35  election”; or

7-36    (c) If the challenge is on the ground that he is not the person he claims

7-37  to be, “I swear or affirm under penalty of perjury that I am the person

7-38  whose name is in this election board register.”

7-39  The oath or affirmation must be set forth on a form prepared by the

7-40  secretary of state and signed by the challenged person under penalty of

7-41  perjury.

7-42    3.  If the challenged person refuses to execute the oath or affirmation so

7-43  tendered, he must not be issued a ballot, and the officer in charge of the

7-44  election board register shall write the words “Challenged ................”

7-45  opposite his name in the election board register.

7-46    4.  If the challenged person refuses to execute the oath or affirmation

7-47  set forth in paragraph (a) of subsection 2, the election board officers shall

7-48  inform him that he is entitled to vote only in the manner prescribed in NRS

7-49  293C.295.

8-1    5.  If the challenged person executes the oath or affirmation and the

8-2  challenge is not based on the ground set forth in paragraph (c) of

8-3  subsection 2, the election board officers shall issue him a ballot.

8-4    6.  If the challenge is based on the ground set forth in paragraph (a) of

8-5  subsection 2, and the challenged person executes the oath or affirmation,

8-6  the election board shall not issue the person a ballot until he furnishes

8-7  satisfactory identification that contains proof of the address at which he

8-8  actually resides.

8-9    7.  If the challenge is based on the ground set forth in paragraph (c) of

8-10  subsection 2 and the challenged person executes the oath or affirmation,

8-11  the election board shall not issue the person a ballot unless he:

8-12    (a) Furnishes official identification which contains a photograph of

8-13  himself, such as his driver’s license or other official document; or

8-14    (b) Brings before the election board officers a person who is at least 18

8-15  years [old] of age who:

8-16      (1) Furnishes official identification which contains a photograph of

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

8-18      (2) Executes an oath or affirmation under penalty of perjury that the

8-19  challenged person is who he swears he is.

8-20    8.  The election board officers shall [record the result of the
challenge] :

8-21    (a) Record on the challenge list[, and the election board officer in

8-22  charge of the checklist shall indicate] :

8-23      (1) The name of the challenged person;

8-24      (2) The name of the registered voter who initiated the challenge;

8-25  and

8-26      (3) The result of the challenge;

8-27    (b) If possible, orally notify the registered voter who initiated the

8-28  challenge of the result of the challenge; and

8-29    (c) Indicate on the checklist next to the name of the challenged person

8-30  the result of the challenge.

8-31    Sec. 14.  NRS 293C.367 is hereby amended to read as follows:

8-32    293C.367  1.  The basic factor to be considered by an election board

8-33  when making a determination of whether a particular ballot must be

8-34  rejected is whether any identifying mark appears on the ballot which, in the

8-35  opinion of the election board, constitutes an identifying mark such that

8-36  there is a reasonable belief entertained in good faith that the ballot has been

8-37  tampered with and, as a result of the tampering, the outcome of the election

8-38  would be affected.

8-39    2.  Regulations for counting ballots must include provisions that:

8-40    (a) [A vote on a paper ballot may not be counted unless indicated by a

8-41  cross in the appropriate square.

8-42    (b)] An error in marking one or more votes on a ballot does not

8-43  invalidate any votes properly marked on that ballot.

8-44    [(c) If more choices than allowed by the instructions are marked for any

8-45  office or question, the vote for that office or question may not be counted.

8-46    (d) If it is impossible to determine a voter’s choice for any office or

8-47  question, his vote or votes for that office or question may not be counted.

9-1    (e)] (b) A soiled or defaced ballot may not be rejected if it appears that

9-2  the soiling or defacing was inadvertent and was not done purposely to

9-3  identify the ballot.

9-4    [(f)] (c) Only devices provided for in this chapter, chapter 293 or 293B

9-5  of NRS may be used in marking ballots.

9-6    [(g)] (d) It is unlawful for any election board officer to place any mark

9-7  upon any ballot other than a spoiled ballot.

9-8    [(h)] (e) When an election board officer rejects a ballot for any alleged

9-9  defect or illegality, the officer shall seal the ballot in an envelope and write

9-10  upon the envelope a statement that it was rejected and the reason for

9-11  rejecting it. Each election board officer shall sign the envelope.

9-12    [(i)] (f) In cities where mechanical voting systems are used whereby a

9-13  vote is cast by punching a card, a superfluous punch into any card does not

9-14  constitute grounds for rejection of the ballot unless the election board

9-15  determines that the condition of the ballot justifies its exclusion pursuant to

9-16  subsection 1.

9-17    Sec. 15.  NRS 293C.630 is hereby amended to read as follows:

9-18    293C.630  1.  Upon closing of the polls, the election board shall:

9-19    (a) Secure all mechanical recording devices against further voting.

9-20    (b) If a mechanical voting system is used whereby votes are cast by

9-21  punching a card:

9-22      (1) Count the number of ballots in the ballot boxes.

9-23      (2) Account for all ballots on the statement of ballots.

9-24      (3) Place all official ballots, the ballot statement and any other

9-25  records, reports and materials as directed by the city clerk into the

9-26  container provided by him to transport those items to a central counting

9-27  place and seal the container.

9-28    (c) If a mechanical voting system is used whereby votes are directly

9-29  recorded electronically:

9-30      (1) Ensure that each mechanical recording device:

9-31          (I) Provides a record printed on paper of the total number of votes

9-32  recorded on the device for each candidate and for or against each measure;

9-33  and

9-34          (II) Transfers the ballots voted on that device to the storage device

9-35  required pursuant to NRS 293B.084.

9-36      (2) Count the number of ballots voted at the polling place.

9-37      (3) Account for all ballots on the statement of ballots.

9-38      (4) Place all records printed on paper provided by the mechanical

9-39  recording devices, all storage devices which store the ballots voted on the

9-40  mechanical recording devices, and any other records, reports and materials

9-41  as directed by the city clerk into the container provided by him to transport

9-42  those items to a central counting place and seal the container.

9-43    (d) Record the number of voters on a form provided by the city clerk.

9-44    2.  If a difference exists between the number of voters and the

9-45  number of ballots voted, the election board shall report the difference

9-46  and any known reasons for the difference, in writing, to the city clerk.

9-47    3.  After closing the polls, the election board shall:

9-48    (a) Compare the quantity of the supplies furnished by the city clerk

9-49  with the inventory of those supplies; and

10-1    (b) Note any shortages.

10-2    4.  The city clerk shall allow members of the general public to observe

10-3  the handling of the ballots pursuant to subsection 1 if those members do

10-4  not interfere with the handling of the ballots.

10-5    Sec. 16.  NRS 293C.655 is hereby amended to read as follows:

10-6    293C.655  If ballots that are voted by punching a card are used, the

10-7  ballot duplicating board shall:

10-8    1.  Receive damaged ballots, including ballots that have been torn, bent

10-9  or mutilated.

10-10  2.  Receive cards with incompletely punched chips.

10-11  3.  Prepare on a distinctly colored, serially numbered ballot marked

10-12  “duplicate” an exact copy of each damaged ballot.

10-13  4.  In the case of a card with an incompletely punched chip:

10-14  (a) Remove the incompletely punched chip[;] if:

10-15     (1) The chip has at least one corner that is detached from the card;

10-16  or

10-17     (2) The fibers of paper on at least one edge of the chip are broken

10-18  in a way that permits unimpeded light to be seen through the card; or

10-19  (b) Duplicate the card without punching the location of the incompletely

10-20  punched chip[, according to the city clerk’s determination of the probable

10-21  intent of the voter.] if:

10-22     (1) The chip does not have at least one corner that is detached from

10-23  the card; and

10-24     (2) The fibers of paper on no edge of the chip are broken in a way

10-25  that permits unimpeded light to be seen through the card.

10-26  5.  Record the serial number of the duplicate ballot on the damaged

10-27  original ballot and return the damaged and duplicate ballots to the

10-28  appropriate ballot inspection board.

10-29  6.  Hold aside the duplicated ballots for counting after all other ballots

10-30  are counted if this procedure is directed by the city clerk.

10-31  Sec. 17.  Chapter 298 of NRS is hereby amended by adding thereto a

10-32  new section to read as follows:

10-33  1.  If a new resident of the State of Nevada otherwise qualified to vote

10-34  in another state in any election for President and Vice President of the

10-35  United States has commenced his residence in this state after the 30th

10-36  day next preceding that election and for this reason does not satisfy the

10-37  requirements for registration in this state, he may vote for President and

10-38  Vice President in this state.

10-39  2.  If a new resident of the State of Nevada wishes to vote for the

10-40  President and Vice President of the Untied States pursuant to this

10-41  section, he must:

10-42  (a) Apply to the county clerk for the appropriate ballot using the form

10-43  prescribed by the secretary of state; and

10-44  (b) Vote only in the office of the county clerk during regular office

10-45  hours.

10-46  3.  A county clerk, upon receipt of an application pursuant to this

10-47  section, shall provide the applicant a ballot and any other materials

10-48  necessary to vote only for President and Vice President of the United

10-49  States.

11-1    4.  A vote cast pursuant to this section must not be:

11-2    (a) Combined with the total of a precinct but must be segregated at the

11-3  precinct and then combined with the totals for the county.

11-4    (b) Included in precinct, district, county or state totals for other

11-5  electoral purposes.

11-6    5.  The secretary of state may, in a manner consistent with the

11-7  election laws of this state, adopt regulations to effectuate the purposes of

11-8  this section.

11-9    Sec. 18.  NRS 298.250 is hereby amended to read as follows:

11-10  298.250  1.  If a former resident of the State of Nevada otherwise

11-11  qualified to vote in another state in any election for President and Vice

11-12  President of the United States has commenced his residence in the other

11-13  state after the 30th day next preceding that election and for this reason does

11-14  not satisfy the requirements for registration in the other state, he may vote

11-15  for President and Vice President only in that election:

11-16  (a) In person in the county of the State of Nevada which was his former

11-17  residence, if he is otherwise qualified to vote there; or

11-18  (b) By absent ballot in the county of the State of Nevada which was his

11-19  former residence, if he is otherwise qualified to vote there and complies

11-20  with the applicable requirements of NRS 293.310 to 293.340, inclusive.

11-21  2.  [If a new resident of the State of Nevada otherwise qualified to vote

11-22  in another state in any election for President and Vice President has

11-23  commenced his residence in this state after the 30th day next preceding that

11-24  election and for this reason does not satisfy the requirements for

11-25  registration in this state, he may vote for President and Vice President in

11-26  this state.

11-27  3.] The secretary of state may, in a manner consistent with the election

11-28  laws of this state, adopt [such regulations as may be necessary] regulations

11-29  to effectuate the purposes of this section.

11-30  Sec. 19.  NRS 218.920 is hereby amended to read as follows:

11-31  218.920  The registration statement of a lobbyist must contain the

11-32  following information:

11-33  1.  The registrant’s full name, permanent address, place of business and

11-34  temporary address while lobbying.

11-35  2.  The full name and complete address of each person, if any, by

11-36  whom the registrant is retained or employed or on whose behalf the

11-37  registrant appears.

11-38  3.  A listing of any direct business associations or partnerships

11-39  involving any current member of the legislature and the registrant or any

11-40  person by whom the registrant is retained or employed. The listing must

11-41  include any such association or partnership constituting a source of income

11-42  or involving a debt or interest in real estate required to be disclosed in a

11-43  statement of financial disclosure made by a candidate for public office or a

11-44  public [or judicial] officer pursuant to NRS 281.571.

11-45  4.  The name of any current member of the legislature for whom:

11-46  (a) The registrant; or

11-47  (b) Any person by whom the registrant is retained or
employed,

12-1  has, in connection with a political campaign of the legislator, provided

12-2  consulting, advertising or other professional services since the beginning of

12-3  the preceding regular legislative session.

12-4    5.  A description of the principal areas of interest on which the

12-5  registrant expects to lobby.

12-6    6.  If the registrant lobbies or purports to lobby on behalf of members, a

12-7  statement of the number of members.

12-8    7.  A declaration under penalty of perjury that none of the registrant’s

12-9  compensation or reimbursement is contingent, in whole or in part, upon the

12-10  production of any legislative action.

12-11  Sec. 20.  NRS 281.4323 is hereby amended to read as follows:

12-12  281.4323  “Candidate” means any person:

12-13  1.  Who files a declaration of candidacy;

12-14  2.  Who files an acceptance of candidacy; or

12-15  3.  Whose name appears on an official ballot at any election . [,

12-16  for election to any public office, including the office of justice of the

12-17  supreme court, district judge, justice of the peace and municipal judge .]

12-18  Sec. 21.  NRS 281.4365 is hereby amended to read as follows:

12-19  281.4365  1.  “Public officer” means a person elected or appointed to

12-20  a position which is established by the constitution of the State of Nevada, a

12-21  statute of this state or an ordinance of any of its counties or incorporated

12-22  cities and which involves the exercise of a public power, trust or duty. As

12-23  used in this section, “the exercise of a public power, trust or duty”

12-24  includes:

12-25  (a) Actions taken in an official capacity which involve a substantial and

12-26  material exercise of administrative discretion in the formulation of public

12-27  policy;

12-28  (b) The expenditure of public money; and

12-29  (c) The enforcement of laws and rules of the state, a county or a city.

12-30  2.  “Public officer” does not include:

12-31  (a) Any justice, judge or other officer of the court system;

12-32  (b) A commissioner of deeds;

12-33  (c) Any member of a board, commission or other body whose function

12-34  is advisory;

12-35  (d) Any member of a board of trustees for a general improvement

12-36  district or special district whose official duties do not include the

12-37  formulation of a budget for the district or the authorization of the

12-38  expenditure of the district’s money; or

12-39  (e) A county health officer appointed pursuant to NRS 439.290.

12-40  3.  “Public office” does not include an office held by:

12-41  (a) Any justice, judge or other officer of the court system;

12-42  (b) A commissioner of deeds;

12-43  (c) Any member of a board, commission or other body whose function

12-44  is advisory;

12-45  (d) Any member of a board of trustees for a general improvement

12-46  district or special district whose official duties do not include the

12-47  formulation of a budget for the district or the authorization of the

12-48  expenditure of the district’s money; or

12-49  (e) A county health officer appointed pursuant to NRS 439.290.

13-1    Sec. 22.  NRS 281.477 is hereby amended to read as follows:

13-2    281.477  1.  If a request for an opinion is filed with the commission

13-3  pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a

13-4  public hearing on the request. Except as otherwise provided in subsection

13-5  6, the hearing must be held as expeditiously as possible, but not later than

13-6  15 days after the receipt of the request for the opinion.

13-7    2.  Such a request must be accompanied by all evidence and arguments

13-8  to be offered by the requester concerning the issues related to the request.

13-9  Except as otherwise provided in this subsection, if such evidence and

13-10  arguments are not submitted with the request, the commission may:

13-11  (a) Draw any conclusions it deems appropriate from the failure of the

13-12  person or group of persons requesting the opinion to submit the evidence

13-13  and arguments, other than a conclusion that a person alleged to have

13-14  violated NRS 294A.345 acted with actual malice; and

13-15  (b) Decline to render an opinion.

13-16  The provisions of this subsection do not prohibit the commission from

13-17  considering evidence or arguments presented by the requester after

13-18  submission of the request for an opinion if the commission determines that

13-19  consideration of such evidence or arguments is in the interest of justice.

13-20  3.  The commission shall immediately notify any person alleged to

13-21  have violated NRS 294A.345 or 294A.346 that such an opinion has been

13-22  requested by the most expedient means possible. If notice is given orally

13-23  by telephone or in any other manner, a second notice must be given in

13-24  writing not later than the next calendar day by facsimile machine or

13-25  overnight mail. The notice must include the time and place of the

13-26  commission’s hearing on the matter.

13-27  4.  A person notified pursuant to subsection 3 shall submit a response

13-28  to the commission not later than the close of business on the second

13-29  business day following the receipt of the notice. The response must be

13-30  accompanied by any evidence concerning the issues related to the request

13-31  that the person has in his possession or may obtain without undue financial

13-32  hardship. Except as otherwise provided in this subsection, if such evidence

13-33  is not submitted within that time, the commission may:

13-34  (a) Draw any conclusions it deems appropriate from the failure of that

13-35  person to submit the evidence and argument; and

13-36  (b) Prohibit that person from responding and presenting evidence at the

13-37  hearing.

13-38  The provisions of this subsection do not prohibit the commission from

13-39  allowing that person to respond and present evidence or arguments, or

13-40  both, after the close of business on the second business day if the

13-41  commission determines that consideration of such evidence or arguments is

13-42  in the interest of justice.

13-43  5.  Except as otherwise provided in subsection 4, the commission shall

13-44  allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

13-45  (a) Be represented by counsel; and

13-46  (b) Hear the evidence presented to the commission and respond and

13-47  present evidence on his own behalf.

13-48  6.  At the request of:

14-1    (a) The person or group of persons that filed the request for the opinion

14-2  pursuant to NRS 294A.345 or 294A.346; or

14-3    (b) The person alleged to have violated the provisions of NRS

14-4  294A.345 or 294A.346,

14-5  the commission may grant a continuance of a hearing held pursuant to the

14-6  provisions of this section upon a showing of the existence of extraordinary

14-7  circumstances that would prohibit the commission from rendering a fair

14-8  and impartial opinion. A continuance may be granted for not more than 15

14-9  days. Not more than one continuance may be granted by the commission

14-10  pursuant to this subsection.

14-11  7.  The person or group of persons that filed the request for the opinion

14-12  pursuant to NRS 294A.345 or 294A.346 has the burden of proving the

14-13  elements of the offense, including that a person alleged to have violated

14-14  NRS 294A.345 acted with actual malice. The existence of actual malice

14-15  may not be presumed. A final opinion of the commission rendered pursuant

14-16  to this section must be supported by clear and convincing evidence. In

14-17  addition to the other requirements for issuing an opinion pursuant to this

14-18  subsection, the commission shall not render a final opinion determining

14-19  that a person has violated NRS 294A.345 unless the commission makes

14-20  specific findings that:

14-21  (a) The person caused to be published a false statement of fact

14-22  concerning a candidate[;] for public or judicial office;

14-23  (b) The person acted with actual malice in causing the false statement to

14-24  be published ; [.]

14-25  (c) The person acted with the intent to impede the success of the

14-26  campaign of the candidate for public or judicial office in causing the false

14-27  statement to be published; and

14-28  (d) The publication of the false statement did in fact impede the success

14-29  of the campaign of the candidate[.] for public or judicial office.

14-30  In addition to the other requirements for issuing an opinion pursuant to this

14-31  subsection, the commission shall not render a final opinion determining

14-32  that a person has violated NRS 294A.346 unless a finding that each of the

14-33  elements of the offense has been proven receives the affirmative vote of

14-34  two-thirds of the commission.

14-35  8.  The commission shall render its opinion, or decline to render an

14-36  opinion, as expeditiously as possible, but not later than 3 days after the date

14-37  of the hearing. If additional time is required to determine the state of mind

14-38  or the intent of the person alleged to have violated the provisions of NRS

14-39  294A.345 or 294A.346 or to determine the amount of any civil penalty that

14-40  may be imposed pursuant to NRS 281.551, the commission may continue

14-41  its jurisdiction to investigate those issues but shall render its opinion as to

14-42  the truth or falsity of the statement made concerning the candidate for

14-43  public or judicial office or the ballot question or its opinion as to whether

14-44  the person impeded the success of the campaign or induced another person

14-45  to impede the success of the campaign. If the commission continues its

14-46  jurisdiction pursuant to this subsection, it may render a final opinion after

14-47  the time set forth in this subsection.

14-48  9.  A final opinion of the commission rendered pursuant to this section

14-49  is subject to judicial review pursuant to NRS 233B.130. The district court

15-1  shall give a petition for judicial review of a final opinion of the

15-2  commission priority over other civil matters that are not expressly given

15-3  priority by law. Notwithstanding the provisions of NRS 233B.130, the

15-4  court may provide for such expedited review of the final opinion, including

15-5  shortened periods for filing documents, as it deems appropriate for the

15-6  circumstances.

15-7    10.  Each request for an opinion filed pursuant to NRS 294A.345 or

15-8  294A.346, each opinion rendered by the commission pursuant thereto and

15-9  any motion, evidence or record of a hearing relating to the request are

15-10  public and must be open to inspection pursuant to NRS 239.010.

15-11  11.  For the purposes of NRS 41.032, the members of the commission

15-12  and its employees shall be deemed to be exercising or performing a

15-13  discretionary function or duty when taking any action related to the

15-14  rendering of an opinion pursuant to this section.

15-15  12.  Except as otherwise provided in this section, a meeting or hearing

15-16  held by the commission to carry out the provisions of this section and the

15-17  commission’s deliberations on the information or evidence are not subject

15-18  to any provision of chapter 241 of NRS.

15-19  13.  As used in this section:

15-20  (a) “Actual malice” has the meaning ascribed to it in NRS 294A.345.

15-21  (b) “Publish” has the meaning ascribed to it in NRS 294A.345.

15-22  Sec. 23.  NRS 281.501 is hereby amended to read as follows:

15-23  281.501  1.  Except as otherwise provided in subsection 2 or 3, a

15-24  public officer may vote upon a matter if the benefit or detriment accruing

15-25  to him as a result of the decision either individually or in a representative

15-26  capacity as a member of a general business, profession, occupation or

15-27  group is not greater than that accruing to any other member of the general

15-28  business, profession, occupation or group.

15-29  2.  In addition to the requirements of the code of ethical standards, a

15-30  public officer shall not vote upon or advocate the passage or failure of, but

15-31  may otherwise participate in the consideration of a matter with respect to

15-32  which the independence of judgment of a reasonable person in his situation

15-33  would be materially affected by:

15-34  (a) His acceptance of a gift or loan;

15-35  (b) His pecuniary interest; or

15-36  (c) His commitment in a private capacity to the private interests of

15-37  others.

15-38  It must be presumed that the independence of judgment of a reasonable

15-39  person would not be materially affected by his pecuniary interest or his

15-40  commitment in a private capacity to the private interests of others where

15-41  the resulting benefit or detriment accruing to him or to the other persons

15-42  whose private interests to which the member is committed in a private

15-43  capacity is not greater than that accruing to any other member of the

15-44  general business, profession, occupation or group. The presumption set

15-45  forth in this subsection does not affect the applicability of the requirements

15-46  set forth in subsection 3 relating to the disclosure of the pecuniary interest

15-47  or commitment in a private capacity to the private interests of others.

15-48  3.  A public officer or employee shall not approve, disapprove, vote,

15-49  abstain from voting or otherwise act upon any matter:

16-1    (a) Regarding which he has accepted a gift or loan;

16-2    (b) Which would reasonably be affected by his commitment in a private

16-3  capacity to the private interest of others; or

16-4    (c) In which he has a pecuniary interest,

16-5  without disclosing sufficient information concerning the gift, loan,

16-6  commitment or interest to inform the public of the potential effect of the

16-7  action or abstention upon the person who provided the gift or loan, upon

16-8  the person to whom he has a commitment, or upon his interest. Except as

16-9  otherwise provided in subsection 6, such a disclosure must be made at the

16-10  time the matter is considered. If the officer or employee is a member of a

16-11  body which makes decisions, he shall make the disclosure in public to the

16-12  chairman and other members of the body. If the officer or employee is not

16-13  a member of such a body and holds an appointive office, he shall make the

16-14  disclosure to the supervisory head of his organization or, if he holds an

16-15  elective office, to the general public in the area from which he is elected.

16-16  This subsection does not require a public officer to disclose any campaign

16-17  contributions that the public officer reported pursuant to NRS 294A.120 or

16-18  294A.125 in a timely manner.

16-19  4.  If a public officer declares to the body or committee in which the

16-20  vote is to be taken that he will abstain from voting because of the

16-21  requirements of this section, the necessary quorum to act upon and the

16-22  number of votes necessary to act upon the matter, as fixed by any statute,

16-23  ordinance or rule, is reduced as though the member abstaining were not a

16-24  member of the body or committee.

16-25  5.  If a public officer is voting on a matter which affects public

16-26  employees, he shall make a full public disclosure of any personal pecuniary

16-27  interest which he may have in the matter.

16-28  6.  After a member of the legislature makes a disclosure pursuant to

16-29  subsection 3, he may file with the director of the legislative counsel bureau

16-30  a written statement of his disclosure. The written statement must designate

16-31  the matter to which the disclosure applies. After a legislator files a written

16-32  statement pursuant to this subsection, he is not required to disclose orally

16-33  his interest when the matter is further considered by the legislature or any

16-34  committee thereof. A written statement of disclosure is a public record and

16-35  must be made available for inspection by the public during the regular

16-36  office hours of the legislative counsel bureau.

16-37  7.  The provisions of this section do not, under any circumstances:

16-38  (a) Prohibit a member of the legislative branch from requesting or

16-39  introducing a legislative measure; or

16-40  (b) Require a member of the legislative branch to take any particular

16-41  action before or while requesting or introducing a legislative measure.

16-42  8.  As used in this section, “commitment in a private capacity to the

16-43  private interests of others” means [a] :

16-44  (a) A commitment to a person:

16-45  [(a)] (1) Who is a member of his household;

16-46  [(b)] (2) Who is related to him by blood, adoption or marriage within

16-47  the third degree of consanguinity or affinity;

16-48  [(c)] (3) Who employs him or a member of his household;

16-49  [(d)] or

17-1      (4) With whom he has a substantial and continuing business

17-2  relationship; or

17-3    [(e) Any other]

17-4    (b) Any commitment or relationship that [is substantially similar to] a

17-5  reasonable person would believe would cause impartiality and

17-6  independence of judgment to be replaced by partiality or unwarranted

17-7  preference toward the interests of that commitment or relationship .

17-8  [described in this subsection.] As used in this paragraph, “unwarranted”

17-9  means without justification or adequate reason.

17-10  Sec. 24.  NRS 281.561 is hereby amended to read as follows:

17-11  281.561  1.  Except as otherwise provided in subsection 2 or 3, if a

17-12  candidate for public [or judicial] office or a public [or judicial] officer is

17-13  entitled to receive compensation for serving in the office in question, he

17-14  shall file with the commission, and with the officer with whom declarations

17-15  of candidacy for the office in question are filed, a statement of financial

17-16  disclosure, as follows:

17-17  (a) A candidate for nomination, election or reelection to public office

17-18  shall file a statement of financial disclosure no later than the 10th day after

17-19  the last day to qualify as a candidate for the office.

17-20  (b) A public [or judicial] officer appointed to fill the unexpired term of

17-21  an elected public [or judicial] officer shall file a statement of financial

17-22  disclosure within 30 days after his appointment.

17-23  (c) Every public [or judicial] officer, whether appointed or elected, shall

17-24  file a statement of financial disclosure on or before March 31 of each year

17-25  of the term, including the year the term expires.

17-26  (d) A public [or judicial] officer who leaves office on a date other than

17-27  the expiration of his term or anniversary of his appointment or election,

17-28  shall file a statement of financial disclosure within 60 days after leaving

17-29  office.

17-30  2.  A statement filed pursuant to one of the paragraphs of subsection 1

17-31  may be used to satisfy the requirements of another paragraph of subsection

17-32  1 if the initial statement was filed not more than 3 months before the other

17-33  statement is required to be filed. The public [or judicial] officer shall notify

17-34  the commission in writing of his intention to use the previously filed

17-35  statement to fulfill the present requirement.

17-36  3.  If a person is serving in a public [or judicial] office for which he is

17-37  required to file a statement pursuant to subsection 1, he may use the

17-38  statement he files for that initial office to satisfy the requirements of

17-39  subsection 1 for every other public [or judicial] office in which he is also

17-40  serving. The person shall notify the commission in writing of his intention

17-41  to use the statement for the initial office to fulfill the requirements of

17-42  subsection 1 for every other office.

17-43  4.  A person may satisfy the requirements of subsection 1 by filing with

17-44  the commission a copy of a statement of financial disclosure that was filed

17-45  pursuant to the requirements of a specialized or local ethics committee if

17-46  the form of the statement has been approved by the commission.

 

 

 

18-1    Sec. 25.  NRS 281.571 is hereby amended to read as follows:

18-2    281.571  1.  Statements of financial disclosure, as approved pursuant

18-3  to NRS 281.541 or in such form as the commission otherwise prescribes,

18-4  must contain the following information concerning the candidate for public

18-5  office or public [or judicial] officer:

18-6    (a) His length of residence in the State of Nevada and the district in

18-7  which he is registered to vote.

18-8    (b) Each source of his income, or that of any member of his household

18-9  who is 18 years of age or older. No listing of individual clients, customers

18-10  or patients is required, but if that is the case, a general source such as

18-11  “professional services” must be disclosed.

18-12  (c) A list of the specific location and particular use of real estate, other

18-13  than a personal residence:

18-14     (1) In which he or a member of his household has a legal or

18-15  beneficial interest;

18-16     (2) Whose fair market value is $2,500 or more; and

18-17     (3) That is located in this state or an adjacent state.

18-18  (d) The name of each creditor to whom he or a member of his

18-19  household owes $5,000 or more, except for:

18-20     (1) A debt secured by a mortgage or deed of trust of real property

18-21  which is not required to be listed pursuant to paragraph (c); and

18-22     (2) A debt for which a security interest in a motor vehicle for

18-23  personal use was retained by the seller.

18-24  (e) If the candidate for public office or public [or judicial] officer has

18-25  received gifts in excess of an aggregate value of $200 from a donor during

18-26  the preceding taxable year, a list of all such gifts, including the identity of

18-27  the donor and value of each gift, except:

18-28     (1) A gift received from a person who is related to the candidate for

18-29  public office or public [or judicial] officer within the third degree of

18-30  consanguinity or affinity.

18-31     (2) Ceremonial gifts received for a birthday, wedding, anniversary,

18-32  holiday or other ceremonial occasion if the donor does not have a

18-33  substantial interest in the legislative, administrative[, judicial] or political

18-34  action of the candidate for public office or public [or judicial] officer.

18-35  (f) A list of each business entity with which he or a member of his

18-36  household is involved as a trustee, beneficiary of a trust, director, officer,

18-37  owner in whole or in part, limited or general partner, or holder of a class of

18-38  stock or security representing 1 percent or more of the total outstanding

18-39  stock or securities issued by the business entity.

18-40  (g) A list of all public offices presently held by him for which this

18-41  statement of financial disclosure is required.

18-42  2.  The commission shall distribute or cause to be distributed the forms

18-43  required for such a statement to each candidate for public office and public

18-44  [or judicial] officer who is required to file one. The commission is not

18-45  responsible for the costs of producing or distributing a form for filing

18-46  statements of financial disclosure which is prescribed pursuant to

18-47  subsection 1 of NRS 281.541.

18-48  3.  As used in this section:

19-1    (a) “Business entity” means an organization or enterprise operated for

19-2  economic gain, including a proprietorship, partnership, firm, business,

19-3  trust, joint venture, syndicate, corporation or association.

19-4    (b) “Household” includes:

19-5      (1) The spouse of a candidate for public office or public [or judicial]

19-6  officer;

19-7      (2) A person who does not live in the same home or dwelling, but

19-8  who is dependent on and receiving substantial support from the candidate

19-9  for public office or public [or judicial] officer; and

19-10     (3) A person who lived in the home or dwelling of the candidate for

19-11  public office or public [or judicial] officer for 6 months or more in the year

19-12  immediately preceding the year in which the candidate for public office or

19-13  public [or judicial] officer files the statement of financial disclosure.

19-14  Sec. 26.  NRS 281.575 is hereby amended to read as follows:

19-15  281.575  The secretary of state and each county or city clerk who

19-16  receives from a candidate for public office a declaration of candidacy,

19-17  acceptance of candidacy or certificate of candidacy shall give to the

19-18  candidate the form prescribed by the commission for the making of a

19-19  statement of financial disclosure, accompanied by instructions on how to

19-20  complete the form, where it must be filed and the time by which it must be

19-21  filed.

19-22  Sec. 27.  NRS 281.581 is hereby amended to read as follows:

19-23  281.581  1.  A candidate for public office or public [or judicial]

19-24  officer who fails to file his statement of financial disclosure in a timely

19-25  manner pursuant to NRS 281.561 is subject to a civil penalty and payment

19-26  of court costs and attorney’s fees. The amount of the civil penalty is:

19-27  (a) If the statement is filed not more than 7 days late, $25 for each day

19-28  the statement is late.

19-29  (b) If the statement is filed more than 7 days late but not more than 15

19-30  days late, $175 for the first 7 days, plus $50 for each additional day the

19-31  statement is late.

19-32  (c) If the statement is filed more than 15 days late, $575 for the first 15

19-33  days, plus $100 for each additional day the statement is late.

19-34  2.  The commission may, for good cause shown, waive or reduce the

19-35  civil penalty.

19-36  3.  The civil penalty must be recovered in a civil action brought in the

19-37  name of the State of Nevada by the commission in a court of competent

19-38  jurisdiction and deposited with the state treasurer for credit to the state

19-39  general fund.

19-40  4.  If the commission waives a civil penalty pursuant to subsection 2,

19-41  the commission shall:

19-42  (a) Create a record which sets forth that the civil penalty has been

19-43  waived and describes the circumstances that constitute the good cause

19-44  shown; and

19-45  (b) Ensure that the record created pursuant to paragraph (a) is available

19-46  for review by the general public.

 

19-47  H