(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 638
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.
~
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 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; 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 the provisions governing appeals from certain decisions of the commission on ethics; revising 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 and 3 of this act.
1-3 Sec. 2. 1. As soon as practicable, but in no case later than 21
1-4 calendar days after each election, the county clerk shall mail a notice to
1-5 each person who is listed on the challenge list as the registered voter who
1-6 initiated a challenge pursuant 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.
1-13 2. Except as otherwise provided in subsection 1, in an election in
1-14 which a paper ballot is used whereby a vote is cast by placing a mark in
1-15 the designated space on the paper ballot, a vote must be counted if the
2-1 designated space is darkened or there is another mark in the designated
2-2 space.
2-3 3. Except as otherwise provided in subsection 1, in an election in
2-4 which a mechanical voting system is used whereby a vote is cast by
2-5 punching a card:
2-6 (a) A chip on the card must be counted as a vote if:
2-7 (1) The chip has at least one corner that is detached from the
2-8 card; or
2-9 (2) The fibers of paper on at least one edge of the chip are broken
2-10 in a way that permits unimpeded light to be seen through the card.
2-11 (b) A writing or other mark on the card, including, without limitation,
2-12 a cross, check, tear or scratch, may not be counted as a vote.
2-13 4. Except as otherwise provided in subsection 1, in an election in
2-14 which a mechanical voting system is used whereby a vote is cast by
2-15 darkening a designated space on the ballot:
2-16 (a) A vote must be counted if the designated space is darkened or
2-17 there is a cross, check or other writing in the designated space; and
2-18 (b) Except for a mark described in paragraph (a), a writing or other
2-19 mark on the card, including, without limitation, a cross, check, tear or
2-20 scratch, may not be counted as a vote.
2-21 Sec. 4. NRS 293.303 is hereby amended to read as follows:
2-22 293.303 1. A person applying to vote may be challenged:
2-23 (a) Orally by any registered voter of the precinct or district upon the
2-24 ground that he is not the person entitled to vote as claimed or has voted
2-25 before at the same election; or
2-26 (b) On any ground set forth in a challenge filed with the county clerk
2-27 pursuant to the provisions of NRS 293.547.
2-28 2. If a person is challenged, an election board officer shall tender the
2-29 challenged person the following oath or affirmation:
2-30 (a) If the challenge is on the ground that he does not belong to the
2-31 political party designated upon the register, “I swear or affirm under
2-32 penalty of perjury that I belong to the political party designated upon the
2-33 register”;
2-34 (b) If the challenge is on the ground that the register does not show that
2-35 he designated the political party to which he claims to belong, “I swear or
2-36 affirm under penalty of perjury that I designated on the application to
2-37 register to vote the political party to which I claim to belong”;
2-38 (c) If the challenge is on the ground that he does not reside at the
2-39 residence for which the address is listed in the election board register, “I
2-40 swear or affirm under penalty of perjury that I reside at the residence for
2-41 which the address is listed in the election board register”;
2-42 (d) If the challenge is on the ground that he previously voted a ballot for
2-43 the election, “I swear or affirm under penalty of perjury that I have not
2-44 voted for any of the candidates or questions included on this ballot for this
2-45 election”; or
2-46 (e) If the challenge is on the ground that he is not the person he claims
2-47 to be, “I swear or affirm under penalty of perjury that I am the person
2-48 whose name is in this election board register.”
3-1 The oath or affirmation must be set forth on a form prepared by the
3-2 secretary of state and signed by the challenged person under penalty of
3-3 perjury.
3-4 3. Except as otherwise provided in subsection 4, if the challenged
3-5 person refuses to execute the oath or affirmation so tendered, he must not
3-6 be issued a ballot, and the officer in charge of the election board register
3-7 shall write the words “Challenged ................” opposite his name in the
3-8 election board register.
3-9 4. If the challenged person refuses to execute the oath or affirmation
3-10 set forth in paragraph (a) or (b) of subsection 2, the election board officers
3-11 shall issue him a nonpartisan ballot.
3-12 5. If the challenged person refuses to execute the oath or affirmation
3-13 set forth in paragraph (c) of subsection 2, the election board officers shall
3-14 inform him that he is entitled to vote only in the manner prescribed in NRS
3-15 293.304.
3-16 6. If the challenged person executes the oath or affirmation and the
3-17 challenge is not based on the ground set forth in paragraph (e) of
3-18 subsection 2, the election board officers shall issue him a partisan ballot.
3-19 7. If the challenge is based on the ground set forth in paragraph (c) of
3-20 subsection 2, and the challenged person executes the oath or affirmation,
3-21 the election board shall not issue the person a ballot until he furnishes
3-22 satisfactory identification which contains proof of the address at which he
3-23 actually resides.
3-24 8. If the challenge is based on the ground set forth in paragraph (e) of
3-25 subsection 2 and the challenged person executes the oath or affirmation,
3-26 the election board shall not issue the person a ballot unless he:
3-27 (a) Furnishes official identification which contains a photograph of
3-28 himself, such as his driver’s license or other official document; or
3-29 (b) Brings before the election board officers a person who is at least 18
3-30 years [old] of age who:
3-31 (1) Furnishes official identification which contains a photograph of
3-32 himself, such as his driver’s license or other official document; and
3-33 (2) Executes an oath or affirmation under penalty of perjury that the
3-34 challenged person is who he swears he is.
3-35 9. The election board officers shall [record the result of the
3-36 challenge] :
3-37 (a) Record on the challenge list[, and the election board officer in
3-38 charge of the checklist shall indicate] :
3-39 (1) The name of the challenged person;
3-40 (2) The name of the registered voter who initiated the challenge;
3-41 and
3-42 (3) The result of the challenge;
3-43 (b) If possible, orally notify the registered voter who initiated the
3-44 challenge of the result of the challenge; and
3-45 (c) Indicate on the checklist next to the name of the challenged person
3-46 the result of the challenge.
4-1 Sec. 5. NRS 293.317 is hereby amended to read as follows:
4-2 293.317 Absent ballots , including special absent ballots described in
4-3 NRS 293.3155, received by the county or city clerk after the polls are
4-4 closed on the day of election are invalid.
4-5 Sec. 6. NRS 293.367 is hereby amended to read as follows:
4-6 293.367 1. The basic factor to be considered by an election board
4-7 when making a determination of whether a particular ballot must be
4-8 rejected is whether any identifying mark appears on the ballot which, in the
4-9 opinion of the election board, constitutes an identifying mark such that
4-10 there is a reasonable belief entertained in good faith that the ballot has been
4-11 tampered with and, as a result of the tampering, the outcome of the election
4-12 would be affected.
4-13 2. The regulations for counting ballots must include provisions that:
4-14 (a) [A vote on a paper ballot may not be counted unless indicated by a
4-15 cross in the appropriate square.
4-16 (b)] An error in marking one or more votes on a ballot does not
4-17 invalidate any votes properly marked on that ballot.
4-18 [(c) If more choices than permitted by the instructions are marked for
4-19 any office or question, the vote for that office or question may not be
4-20 counted.
4-21 (d) If it is impossible to determine a voter’s choice for any office or
4-22 question, his vote or votes for that office or question may not be counted.
4-23 (e)] (b) A soiled or defaced ballot may not be rejected if it appears that
4-24 the soiling or defacing was inadvertent and was not done purposely to
4-25 identify the ballot.
4-26 [(f)] (c) Only devices provided for in this chapter or chapter 293B of
4-27 NRS may be used in marking ballots.
4-28 [(g)] (d) It is unlawful for any election board officer to place any mark
4-29 upon any ballot other than a spoiled ballot.
4-30 [(h)] (e) When an election board officer rejects a ballot for any alleged
4-31 defect or illegality, the officer shall seal the ballot in an envelope and write
4-32 upon the envelope a statement that it was rejected and the reason for
4-33 rejecting it. Each election board officer shall sign the envelope.
4-34 [(i)] (f) In counties where mechanical voting systems are used whereby
4-35 a vote is cast by punching a card, a superfluous punch into any card does
4-36 not constitute grounds for rejection of the ballot unless the election board
4-37 determines that the condition of the ballot justifies its exclusion pursuant to
4-38 subsection 1.
4-39 Sec. 7. NRS 293B.330 is hereby amended to read as follows:
4-40 293B.330 1. Upon closing of the polls, the election board shall:
4-41 (a) Secure all mechanical recording devices against further voting.
4-42 (b) If a mechanical voting system is used whereby votes are cast by
4-43 punching a card:
4-44 (1) Count the number of ballots in the ballot boxes.
4-45 (2) Account for all ballots on the statement of ballots.
4-46 (3) Place all official ballots, the ballot statement and any other
4-47 records, reports and materials as directed by the county clerk into the
4-48 container provided by him to transport those items to a central counting
4-49 place and seal the container.
5-1 (c) If a mechanical voting system is used whereby votes are directly
5-2 recorded electronically:
5-3 (1) Ensure that each mechanical recording device:
5-4 (I) Provides a record printed on paper of the total number of votes
5-5 recorded on the device for each candidate and for or against each measure;
5-6 and
5-7 (II) Transfers the ballots voted on that device to the storage device
5-8 required pursuant to NRS 293B.084.
5-9 (2) Count the number of ballots voted at the polling place.
5-10 (3) Account for all ballots on the statement of ballots.
5-11 (4) Place all records printed on paper provided by the mechanical
5-12 recording devices, all storage devices which store the ballots voted on the
5-13 mechanical recording devices, and any other records, reports and materials
5-14 as directed by the county clerk into the container provided by him to
5-15 transport those items to a central counting place and seal the container.
5-16 (d) Record the number of voters on a form provided by the county
5-17 clerk.
5-18 2. If a difference exists between the number of voters and the
5-19 number of ballots voted, the election board shall report the difference
5-20 and any known reasons for the difference, in writing, to the county clerk.
5-21 3. After closing the polls, the election board shall:
5-22 (a) Compare the quantity of the supplies furnished by the county clerk
5-23 with the inventory of those supplies; and
5-24 (b) Note any shortages.
5-25 4. The county clerk shall allow members of the general public to
5-26 observe the handling of the ballots pursuant to subsection 1 if those
5-27 members do not interfere with the handling of the ballots.
5-28 Sec. 8. NRS 293B.375 is hereby amended to read as follows:
5-29 293B.375 If ballots which are voted by punching a card are used, the
5-30 ballot duplicating board shall:
5-31 1. Receive damaged ballots, including ballots which have been torn,
5-32 bent or mutilated.
5-33 2. Receive cards with incompletely punched chips.
5-34 3. Prepare on a distinctly colored, serially numbered ballot marked
5-35 “duplicate” an exact copy of each damaged ballot.
5-36 4. In the case of a card with an incompletely punched chip:
5-37 (a) Remove the incompletely punched chip[;] if:
5-38 (1) The chip has at least one corner that is detached from the
5-39 card; or
5-40 (2) The fibers of paper on at least one edge of the chip are broken
5-41 in a way that permits unimpeded light to be seen through the card; or
5-42 (b) Duplicate the card without punching the location of the incompletely
5-43 punched chip[, according to the county clerk’s determination of the
5-44 probable intent of the voter.] if:
5-45 (1) The chip does not have at least one corner that is detached from
5-46 the card; and
5-47 (2) The fibers of paper on no edge of the chip are broken in a way
5-48 that permits unimpeded light to be seen through the card.
6-1 5. Record the serial number of the duplicate ballot on the damaged
6-2 original ballot and return the damaged and duplicate ballots to the
6-3 appropriate ballot inspection board.
6-4 6. Hold aside the duplicated ballots for counting after all other ballots
6-5 are counted if this procedure is directed by the county clerk.
6-6 Sec. 9. Chapter 293C of NRS is hereby amended by adding thereto
6-7 the provisions set forth as sections 10 and 11 of this act.
6-8 Sec. 10. 1. As soon as practicable, but in no case later than 21
6-9 calendar days after each election, the city clerk shall mail a notice to
6-10 each person who is listed on the challenge list as a registered voter who
6-11 initiated a challenge pursuant to NRS 293C.292.
6-12 2. The notice mailed pursuant to subsection 1 must indicate:
6-13 (a) The name of the person who was challenged, if known; and
6-14 (b) The result of the challenge.
6-15 Sec. 11. 1. When counting a vote in an election, if more choices
6-16 than permitted by the instructions for a ballot are marked for any office
6-17 or question, the vote for that office or question may not be counted.
6-18 2. Except as otherwise provided in subsection 1, in an election in
6-19 which a paper ballot is used whereby a vote is cast by placing a mark in
6-20 the designated space on the paper ballot, a vote must be counted if the
6-21 designated space is darkened or there is another mark in the designated
6-22 space.
6-23 3. Except as otherwise provided in subsection 1, in an election in
6-24 which a mechanical voting system is used whereby a vote is cast by
6-25 punching a card:
6-26 (a) A chip on the card must be counted as a vote if:
6-27 (1) The chip has at least one corner that is detached from the card;
6-28 or
6-29 (2) The fibers of paper on at least one edge of the chip are broken
6-30 in a way that permits unimpeded light to be seen through the card.
6-31 (b) A writing or other mark on the card, including, without limitation,
6-32 a cross, check, tear or scratch, may not be counted as a vote.
6-33 4. Except as otherwise provided in subsection 1, in an election in
6-34 which a mechanical voting system is used whereby a vote is cast by
6-35 darkening a designated space on the ballot:
6-36 (a) A vote must be counted if the designated space is darkened or
6-37 there is a cross, check or other writing in the designated space; and
6-38 (b) Except for a mark described in paragraph (a), a writing or other
6-39 mark on the card, including, without limitation, a cross, check, tear or
6-40 scratch, may not be counted as a vote.
6-41 Sec. 12. NRS 293C.292 is hereby amended to read as follows:
6-42 293C.292 1. A person applying to vote may be challenged:
6-43 (a) Orally by any registered voter of the precinct or district upon the
6-44 ground that he is not the person entitled to vote as claimed or has voted
6-45 before at the same election; or
6-46 (b) On any ground set forth in a challenge filed with the county clerk
6-47 pursuant to the provisions of NRS 293.547.
6-48 2. If a person is challenged, an election board officer shall tender the
6-49 challenged person the following oath or affirmation:
7-1 (a) If the challenge is on the ground that he does not reside at the
7-2 residence for which the address is listed in the election board register, “I
7-3 swear or affirm under penalty of perjury that I reside at the residence for
7-4 which the address is listed in the election board register”;
7-5 (b) If the challenge is on the ground that he previously voted a ballot for
7-6 the election, “I swear or affirm under penalty of perjury that I have not
7-7 voted for any of the candidates or questions included on this ballot for this
7-8 election”; or
7-9 (c) If the challenge is on the ground that he is not the person he claims
7-10 to be, “I swear or affirm under penalty of perjury that I am the person
7-11 whose name is in this election board register.”
7-12 The oath or affirmation must be set forth on a form prepared by the
7-13 secretary of state and signed by the challenged person under penalty of
7-14 perjury.
7-15 3. If the challenged person refuses to execute the oath or affirmation so
7-16 tendered, he must not be issued a ballot, and the officer in charge of the
7-17 election board register shall write the words “Challenged ................”
7-18 opposite his name in the election board register.
7-19 4. If the challenged person refuses to execute the oath or affirmation
7-20 set forth in paragraph (a) of subsection 2, the election board officers shall
7-21 inform him that he is entitled to vote only in the manner prescribed in NRS
7-22 293C.295.
7-23 5. If the challenged person executes the oath or affirmation and the
7-24 challenge is not based on the ground set forth in paragraph (c) of
7-25 subsection 2, the election board officers shall issue him a ballot.
7-26 6. If the challenge is based on the ground set forth in paragraph (a) of
7-27 subsection 2, and the challenged person executes the oath or affirmation,
7-28 the election board shall not issue the person a ballot until he furnishes
7-29 satisfactory identification that contains proof of the address at which he
7-30 actually resides.
7-31 7. If the challenge is based on the ground set forth in paragraph (c) of
7-32 subsection 2 and the challenged person executes the oath or affirmation,
7-33 the election board shall not issue the person a ballot unless he:
7-34 (a) Furnishes official identification which contains a photograph of
7-35 himself, such as his driver’s license or other official document; or
7-36 (b) Brings before the election board officers a person who is at least 18
7-37 years [old] of age who:
7-38 (1) Furnishes official identification which contains a photograph of
7-39 himself, such as his driver’s license or other official document; and
7-40 (2) Executes an oath or affirmation under penalty of perjury that the
7-41 challenged person is who he swears he is.
7-42 8. The election board officers shall [record the result of the
7-43 challenge] :
7-44 (a) Record on the challenge list[, and the election board officer in
7-45 charge of the checklist shall indicate] :
7-46 (1) The name of the challenged person;
7-47 (2) The name of the registered voter who initiated the challenge;
7-48 and
7-49 (3) The result of the challenge;
8-1 (b) If possible, orally notify the registered voter who initiated the
8-2 challenge of the result of the challenge; and
8-3 (c) Indicate on the checklist next to the name of the challenged person
8-4 the result of the challenge.
8-5 Sec. 13. NRS 293C.367 is hereby amended to read as follows:
8-6 293C.367 1. The basic factor to be considered by an election board
8-7 when making a determination of whether a particular ballot must be
8-8 rejected is whether any identifying mark appears on the ballot which, in the
8-9 opinion of the election board, constitutes an identifying mark such that
8-10 there is a reasonable belief entertained in good faith that the ballot has been
8-11 tampered with and, as a result of the tampering, the outcome of the election
8-12 would be affected.
8-13 2. Regulations for counting ballots must include provisions that:
8-14 (a) [A vote on a paper ballot may not be counted unless indicated by a
8-15 cross in the appropriate square.
8-16 (b)] An error in marking one or more votes on a ballot does not
8-17 invalidate any votes properly marked on that ballot.
8-18 [(c) If more choices than allowed by the instructions are marked for any
8-19 office or question, the vote for that office or question may not be counted.
8-20 (d) If it is impossible to determine a voter’s choice for any office or
8-21 question, his vote or votes for that office or question may not be counted.
8-22 (e)] (b) A soiled or defaced ballot may not be rejected if it appears that
8-23 the soiling or defacing was inadvertent and was not done purposely to
8-24 identify the ballot.
8-25 [(f)] (c) Only devices provided for in this chapter, chapter 293 or 293B
8-26 of NRS may be used in marking ballots.
8-27 [(g)] (d) It is unlawful for any election board officer to place any mark
8-28 upon any ballot other than a spoiled ballot.
8-29 [(h)] (e) When an election board officer rejects a ballot for any alleged
8-30 defect or illegality, the officer shall seal the ballot in an envelope and write
8-31 upon the envelope a statement that it was rejected and the reason for
8-32 rejecting it. Each election board officer shall sign the envelope.
8-33 [(i)] (f) In cities where mechanical voting systems are used whereby a
8-34 vote is cast by punching a card, a superfluous punch into any card does not
8-35 constitute grounds for rejection of the ballot unless the election board
8-36 determines that the condition of the ballot justifies its exclusion pursuant to
8-37 subsection 1.
8-38 Sec. 14. NRS 293C.630 is hereby amended to read as follows:
8-39 293C.630 1. Upon closing of the polls, the election board shall:
8-40 (a) Secure all mechanical recording devices against further voting.
8-41 (b) If a mechanical voting system is used whereby votes are cast by
8-42 punching a card:
8-43 (1) Count the number of ballots in the ballot boxes.
8-44 (2) Account for all ballots on the statement of ballots.
8-45 (3) Place all official ballots, the ballot statement and any other
8-46 records, reports and materials as directed by the city clerk into the
8-47 container provided by him to transport those items to a central counting
8-48 place and seal the container.
9-1 (c) If a mechanical voting system is used whereby votes are directly
9-2 recorded electronically:
9-3 (1) Ensure that each mechanical recording device:
9-4 (I) Provides a record printed on paper of the total number of votes
9-5 recorded on the device for each candidate and for or against each measure;
9-6 and
9-7 (II) Transfers the ballots voted on that device to the storage device
9-8 required pursuant to NRS 293B.084.
9-9 (2) Count the number of ballots voted at the polling place.
9-10 (3) Account for all ballots on the statement of ballots.
9-11 (4) Place all records printed on paper provided by the mechanical
9-12 recording devices, all storage devices which store the ballots voted on the
9-13 mechanical recording devices, and any other records, reports and materials
9-14 as directed by the city clerk into the container provided by him to transport
9-15 those items to a central counting place and seal the container.
9-16 (d) Record the number of voters on a form provided by the city clerk.
9-17 2. If a difference exists between the number of voters and the
9-18 number of ballots voted, the election board shall report the difference
9-19 and any known reasons for the difference, in writing, to the city clerk.
9-20 3. After closing the polls, the election board shall:
9-21 (a) Compare the quantity of the supplies furnished by the city clerk
9-22 with the inventory of those supplies; and
9-23 (b) Note any shortages.
9-24 4. The city clerk shall allow members of the general public to observe
9-25 the handling of the ballots pursuant to subsection 1 if those members do
9-26 not interfere with the handling of the ballots.
9-27 Sec. 15. NRS 293C.655 is hereby amended to read as follows:
9-28 293C.655 If ballots that are voted by punching a card are used, the
9-29 ballot duplicating board shall:
9-30 1. Receive damaged ballots, including ballots that have been torn, bent
9-31 or mutilated.
9-32 2. Receive cards with incompletely punched chips.
9-33 3. Prepare on a distinctly colored, serially numbered ballot marked
9-34 “duplicate” an exact copy of each damaged ballot.
9-35 4. In the case of a card with an incompletely punched chip:
9-36 (a) Remove the incompletely punched chip[;] if:
9-37 (1) The chip has at least one corner that is detached from the
9-38 card; or
9-39 (2) The fibers of paper on at least one edge of the chip are broken
9-40 in a way that permits unimpeded light to be seen through the card; or
9-41 (b) Duplicate the card without punching the location of the incompletely
9-42 punched chip[, according to the city clerk’s determination of the probable
9-43 intent of the voter.] if:
9-44 (1) The chip does not have at least one corner that is detached from
9-45 the card; and
9-46 (2) The fibers of paper on no edge of the chip are broken in a way
9-47 that permits unimpeded light to be seen through the card.
10-1 5. Record the serial number of the duplicate ballot on the damaged
10-2 original ballot and return the damaged and duplicate ballots to the
10-3 appropriate ballot inspection board.
10-4 6. Hold aside the duplicated ballots for counting after all other ballots
10-5 are counted if this procedure is directed by the city clerk.
10-6 Sec. 16. Chapter 298 of NRS is hereby amended by adding thereto a
10-7 new section to read as follows:
10-8 1. If a new resident of the State of Nevada otherwise qualified to vote
10-9 in another state in any election for President and Vice President of the
10-10 United States has commenced his residence in this state after the 30th
10-11 day next preceding that election and for this reason does not satisfy the
10-12 requirements for registration in this state, he may vote for President and
10-13 Vice President in this state.
10-14 2. If a new resident of the State of Nevada wishes to vote for the
10-15 President and Vice President of the Untied States pursuant to this
10-16 section, he must:
10-17 (a) Apply to the county clerk for the appropriate ballot using the form
10-18 prescribed by the secretary of state; and
10-19 (b) Vote only in the office of the county clerk during regular office
10-20 hours.
10-21 3. A county clerk, upon receipt of an application pursuant to this
10-22 section, shall provide the applicant a ballot and any other materials
10-23 necessary to vote only for President and Vice President of the United
10-24 States.
10-25 4. A vote cast pursuant to this section must not be:
10-26 (a) Combined with the total of a precinct but must be segregated at the
10-27 precinct and then combined with the totals for the county.
10-28 (b) Included in precinct, district, county or state totals for other
10-29 electoral purposes.
10-30 5. The secretary of state may, in a manner consistent with the
10-31 election laws of this state, adopt regulations to effectuate the purposes of
10-32 this section.
10-33 Sec. 17. NRS 298.250 is hereby amended to read as follows:
10-34 298.250 1. If a former resident of the State of Nevada otherwise
10-35 qualified to vote in another state in any election for President and Vice
10-36 President of the United States has commenced his residence in the other
10-37 state after the 30th day next preceding that election and for this reason does
10-38 not satisfy the requirements for registration in the other state, he may vote
10-39 for President and Vice President only in that election:
10-40 (a) In person in the county of the State of Nevada which was his former
10-41 residence, if he is otherwise qualified to vote there; or
10-42 (b) By absent ballot in the county of the State of Nevada which was his
10-43 former residence, if he is otherwise qualified to vote there and complies
10-44 with the applicable requirements of NRS 293.310 to 293.340, inclusive.
10-45 2. [If a new resident of the State of Nevada otherwise qualified to vote
10-46 in another state in any election for President and Vice President has
10-47 commenced his residence in this state after the 30th day next preceding that
10-48 election and for this reason does not satisfy the requirements for
11-1 registration in this state, he may vote for President and Vice President in
11-2 this state.
11-3 3.] The secretary of state may, in a manner consistent with the election
11-4 laws of this state, adopt [such regulations as may be necessary] regulations
11-5 to effectuate the purposes of this section.
11-6 Sec. 18. NRS 218.920 is hereby amended to read as follows:
11-7 218.920 The registration statement of a lobbyist must contain the
11-8 following information:
11-9 1. The registrant’s full name, permanent address, place of business and
11-10 temporary address while lobbying.
11-11 2. The full name and complete address of each person, if any, by
11-12 whom the registrant is retained or employed or on whose behalf the
11-13 registrant appears.
11-14 3. A listing of any direct business associations or partnerships
11-15 involving any current member of the legislature and the registrant or any
11-16 person by whom the registrant is retained or employed. The listing must
11-17 include any such association or partnership constituting a source of income
11-18 or involving a debt or interest in real estate required to be disclosed in a
11-19 statement of financial disclosure made by a candidate for public office or a
11-20 public [or judicial] officer pursuant to NRS 281.571.
11-21 4. The name of any current member of the legislature for whom:
11-22 (a) The registrant; or
11-23 (b) Any person by whom the registrant is retained or
11-24 employed,
11-25 has, in connection with a political campaign of the legislator, provided
11-26 consulting, advertising or other professional services since the beginning of
11-27 the preceding regular legislative session.
11-28 5. A description of the principal areas of interest on which the
11-29 registrant expects to lobby.
11-30 6. If the registrant lobbies or purports to lobby on behalf of members, a
11-31 statement of the number of members.
11-32 7. A declaration under penalty of perjury that none of the registrant’s
11-33 compensation or reimbursement is contingent, in whole or in part, upon the
11-34 production of any legislative action.
11-35 Sec. 19. NRS 281.4323 is hereby amended to read as follows:
11-36 281.4323 “Candidate” means any person:
11-37 1. Who files a declaration of candidacy;
11-38 2. Who files an acceptance of candidacy; or
11-39 3. Whose name appears on an official ballot at any election . [,
11-40 for election to any public office, including the office of justice of the
11-41 supreme court, district judge, justice of the peace and municipal judge .]
11-42 Sec. 20. NRS 281.4365 is hereby amended to read as follows:
11-43 281.4365 1. “Public officer” means a person elected or appointed to
11-44 a position which is established by the constitution of the State of Nevada, a
11-45 statute of this state or an ordinance of any of its counties or incorporated
11-46 cities and which involves the exercise of a public power, trust or duty. As
11-47 used in this section, “the exercise of a public power, trust or duty”
11-48 includes:
12-1 (a) Actions taken in an official capacity which involve a substantial and
12-2 material exercise of administrative discretion in the formulation of public
12-3 policy;
12-4 (b) The expenditure of public money; and
12-5 (c) The enforcement of laws and rules of the state, a county or a city.
12-6 2. “Public officer” does not include:
12-7 (a) Any justice, judge or other officer of the court system;
12-8 (b) A commissioner of deeds;
12-9 (c) Any member of a board, commission or other body whose function
12-10 is advisory;
12-11 (d) Any member of a board of trustees for a general improvement
12-12 district or special district whose official duties do not include the
12-13 formulation of a budget for the district or the authorization of the
12-14 expenditure of the district’s money; or
12-15 (e) A county health officer appointed pursuant to NRS 439.290.
12-16 3. “Public office” does not include an office held by:
12-17 (a) Any justice, judge or other officer of the court system;
12-18 (b) A commissioner of deeds;
12-19 (c) Any member of a board, commission or other body whose function
12-20 is advisory;
12-21 (d) Any member of a board of trustees for a general improvement
12-22 district or special district whose official duties do not include the
12-23 formulation of a budget for the district or the authorization of the
12-24 expenditure of the district’s money; or
12-25 (e) A county health officer appointed pursuant to NRS 439.290.
12-26 Sec. 21. NRS 281.477 is hereby amended to read as follows:
12-27 281.477 1. If a request for an opinion is filed with the commission
12-28 pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a
12-29 public hearing on the request. Except as otherwise provided in subsection
12-30 6, the hearing must be held as expeditiously as possible, but not later than
12-31 15 days after the receipt of the request for the opinion.
12-32 2. Such a request must be accompanied by all evidence and arguments
12-33 to be offered by the requester concerning the issues related to the request.
12-34 Except as otherwise provided in this subsection, if such evidence and
12-35 arguments are not submitted with the request, the commission may:
12-36 (a) Draw any conclusions it deems appropriate from the failure of the
12-37 person or group of persons requesting the opinion to submit the evidence
12-38 and arguments, other than a conclusion that a person alleged to have
12-39 violated NRS 294A.345 acted with actual malice; and
12-40 (b) Decline to render an opinion.
12-41 The provisions of this subsection do not prohibit the commission from
12-42 considering evidence or arguments presented by the requester after
12-43 submission of the request for an opinion if the commission determines that
12-44 consideration of such evidence or arguments is in the interest of justice.
12-45 3. The commission shall immediately notify any person alleged to
12-46 have violated NRS 294A.345 or 294A.346 that such an opinion has been
12-47 requested by the most expedient means possible. If notice is given orally
12-48 by telephone or in any other manner, a second notice must be given in
12-49 writing not later than the next calendar day by facsimile machine or
13-1 overnight mail. The notice must include the time and place of the
13-2 commission’s hearing on the matter.
13-3 4. A person notified pursuant to subsection 3 shall submit a response
13-4 to the commission not later than the close of business on the second
13-5 business day following the receipt of the notice. The response must be
13-6 accompanied by any evidence concerning the issues related to the request
13-7 that the person has in his possession or may obtain without undue financial
13-8 hardship. Except as otherwise provided in this subsection, if such evidence
13-9 is not submitted within that time, the commission may:
13-10 (a) Draw any conclusions it deems appropriate from the failure of that
13-11 person to submit the evidence and argument; and
13-12 (b) Prohibit that person from responding and presenting evidence at the
13-13 hearing.
13-14 The provisions of this subsection do not prohibit the commission from
13-15 allowing that person to respond and present evidence or arguments, or
13-16 both, after the close of business on the second business day if the
13-17 commission determines that consideration of such evidence or arguments is
13-18 in the interest of justice.
13-19 5. Except as otherwise provided in subsection 4, the commission shall
13-20 allow any person alleged to have violated NRS 294A.345 or 294A.346 to:
13-21 (a) Be represented by counsel; and
13-22 (b) Hear the evidence presented to the commission and respond and
13-23 present evidence on his own behalf.
13-24 6. At the request of:
13-25 (a) The person or group of persons that filed the request for the opinion
13-26 pursuant to NRS 294A.345 or 294A.346; or
13-27 (b) The person alleged to have violated the provisions of NRS
13-28 294A.345 or 294A.346,
13-29 the commission may grant a continuance of a hearing held pursuant to the
13-30 provisions of this section upon a showing of the existence of extraordinary
13-31 circumstances that would prohibit the commission from rendering a fair
13-32 and impartial opinion. A continuance may be granted for not more than 15
13-33 days. Not more than one continuance may be granted by the commission
13-34 pursuant to this subsection.
13-35 7. The person or group of persons that filed the request for the opinion
13-36 pursuant to NRS 294A.345 or 294A.346 has the burden of proving the
13-37 elements of the offense, including that a person alleged to have violated
13-38 NRS 294A.345 acted with actual malice. The existence of actual malice
13-39 may not be presumed. A final opinion of the commission rendered pursuant
13-40 to this section must be supported by clear and convincing evidence. In
13-41 addition to the other requirements for issuing an opinion pursuant to this
13-42 subsection, the commission shall not render a final opinion determining
13-43 that a person has violated NRS 294A.345 unless the commission makes
13-44 specific findings that:
13-45 (a) The person caused to be published a false statement of fact
13-46 concerning a candidate;
13-47 (b) The person acted with actual malice in causing the false statement to
13-48 be published ; [.]
14-1 (c) The person acted with the intent to impede the success of the
14-2 campaign of the candidate in causing the false statement to be published;
14-3 and
14-4 (d) The publication of the false statement did in fact impede the success
14-5 of the campaign of the candidate.
14-6 In addition to the other requirements for issuing an opinion pursuant to this
14-7 subsection, the commission shall not render a final opinion determining
14-8 that a person has violated NRS 294A.346 unless a finding that each of the
14-9 elements of the offense has been proven receives the affirmative vote of
14-10 two-thirds of the commission.
14-11 8. The commission shall render its opinion, or decline to render an
14-12 opinion, as expeditiously as possible, but not later than 3 days after the date
14-13 of the hearing. If additional time is required to determine the state of mind
14-14 or the intent of the person alleged to have violated the provisions of NRS
14-15 294A.345 or 294A.346 or to determine the amount of any civil penalty that
14-16 may be imposed pursuant to NRS 281.551, the commission may continue
14-17 its jurisdiction to investigate those issues but shall render its opinion as to
14-18 the truth or falsity of the statement made concerning the candidate or the
14-19 ballot question or its opinion as to whether the person impeded the success
14-20 of the campaign or induced another person to impede the success of the
14-21 campaign. If the commission continues its jurisdiction pursuant to this
14-22 subsection, it may render a final opinion after the time set forth in this
14-23 subsection.
14-24 9. A final opinion of the commission rendered pursuant to this section
14-25 is subject to judicial review pursuant to NRS 233B.130. The district court
14-26 shall give a petition for judicial review of a final opinion of the
14-27 commission priority over other civil matters that are not expressly given
14-28 priority by law. Notwithstanding the provisions of :
14-29 (a) NRS 233B.130, the court may provide for such expedited review of
14-30 the final opinion, including shortened periods for filing documents, as it
14-31 deems appropriate for the circumstances.
14-32 (b) NRS 233B.135, the court shall conduct its review:
14-33 (1) By trial de novo; and
14-34 (2) With a jury, unless the person alleged to have violated the
14-35 provisions of NRS 294A.345 or 294A.346 requests a review without a
14-36 jury.
14-37 10. Each request for an opinion filed pursuant to NRS 294A.345 or
14-38 294A.346, each opinion rendered by the commission pursuant thereto and
14-39 any motion, evidence or record of a hearing relating to the request are
14-40 public and must be open to inspection pursuant to NRS 239.010.
14-41 11. For the purposes of NRS 41.032, the members of the commission
14-42 and its employees shall be deemed to be exercising or performing a
14-43 discretionary function or duty when taking any action related to the
14-44 rendering of an opinion pursuant to this section.
14-45 12. Except as otherwise provided in this section, a meeting or hearing
14-46 held by the commission to carry out the provisions of this section and the
14-47 commission’s deliberations on the information or evidence are not subject
14-48 to any provision of chapter 241 of NRS.
14-49 13. As used in this section:
15-1 (a) “Actual malice” has the meaning ascribed to it in NRS 294A.345.
15-2 (b) “Publish” has the meaning ascribed to it in NRS 294A.345.
15-3 Sec. 22. NRS 281.561 is hereby amended to read as follows:
15-4 281.561 1. Except as otherwise provided in subsection 2 or 3, if a
15-5 candidate for public [or judicial] office or a public [or judicial] officer is
15-6 entitled to receive compensation for serving in the office in question, he
15-7 shall file with the commission, and with the officer with whom declarations
15-8 of candidacy for the office in question are filed, a statement of financial
15-9 disclosure, as follows:
15-10 (a) A candidate for nomination, election or reelection to public office
15-11 shall file a statement of financial disclosure no later than the 10th day after
15-12 the last day to qualify as a candidate for the office.
15-13 (b) A public [or judicial] officer appointed to fill the unexpired term of
15-14 an elected public [or judicial] officer shall file a statement of financial
15-15 disclosure within 30 days after his appointment.
15-16 (c) Every public [or judicial] officer, whether appointed or elected, shall
15-17 file a statement of financial disclosure on or before March 31 of each year
15-18 of the term, including the year the term expires.
15-19 (d) A public [or judicial] officer who leaves office on a date other than
15-20 the expiration of his term or anniversary of his appointment or election,
15-21 shall file a statement of financial disclosure within 60 days after leaving
15-22 office.
15-23 2. A statement filed pursuant to one of the paragraphs of subsection 1
15-24 may be used to satisfy the requirements of another paragraph of subsection
15-25 1 if the initial statement was filed not more than 3 months before the other
15-26 statement is required to be filed. The public [or judicial] officer shall notify
15-27 the commission in writing of his intention to use the previously filed
15-28 statement to fulfill the present requirement.
15-29 3. If a person is serving in a public [or judicial] office for which he is
15-30 required to file a statement pursuant to subsection 1, he may use the
15-31 statement he files for that initial office to satisfy the requirements of
15-32 subsection 1 for every other public [or judicial] office in which he is also
15-33 serving. The person shall notify the commission in writing of his intention
15-34 to use the statement for the initial office to fulfill the requirements of
15-35 subsection 1 for every other office.
15-36 4. A person may satisfy the requirements of subsection 1 by filing with
15-37 the commission a copy of a statement of financial disclosure that was filed
15-38 pursuant to the requirements of a specialized or local ethics committee if
15-39 the form of the statement has been approved by the commission.
15-40 5. A candidate for judicial office or a judicial officer shall file a
15-41 statement of financial disclosure pursuant to the requirements of Canon
15-42 4I of the Nevada Code of Judicial Conduct. Such a statement of financial
15-43 disclosure must include, without limitation, all information required to
15-44 be included in a statement of financial disclosure pursuant to NRS
15-45 281.571.
16-1 Sec. 23. NRS 281.571 is hereby amended to read as follows:
16-2 281.571 1. Statements of financial disclosure, as approved pursuant
16-3 to NRS 281.541 or in such form as the commission otherwise prescribes,
16-4 must contain the following information concerning the candidate for public
16-5 office or public [or judicial] officer:
16-6 (a) His length of residence in the State of Nevada and the district in
16-7 which he is registered to vote.
16-8 (b) Each source of his income, or that of any member of his household
16-9 who is 18 years of age or older. No listing of individual clients, customers
16-10 or patients is required, but if that is the case, a general source such as
16-11 “professional services” must be disclosed.
16-12 (c) A list of the specific location and particular use of real estate, other
16-13 than a personal residence:
16-14 (1) In which he or a member of his household has a legal or
16-15 beneficial interest;
16-16 (2) Whose fair market value is $2,500 or more; and
16-17 (3) That is located in this state or an adjacent state.
16-18 (d) The name of each creditor to whom he or a member of his
16-19 household owes $5,000 or more, except for:
16-20 (1) A debt secured by a mortgage or deed of trust of real property
16-21 which is not required to be listed pursuant to paragraph (c); and
16-22 (2) A debt for which a security interest in a motor vehicle for
16-23 personal use was retained by the seller.
16-24 (e) If the candidate for public office or public [or judicial] officer has
16-25 received gifts in excess of an aggregate value of $200 from a donor during
16-26 the preceding taxable year, a list of all such gifts, including the identity of
16-27 the donor and value of each gift, except:
16-28 (1) A gift received from a person who is related to the candidate for
16-29 public office or public [or judicial] officer within the third degree of
16-30 consanguinity or affinity.
16-31 (2) Ceremonial gifts received for a birthday, wedding, anniversary,
16-32 holiday or other ceremonial occasion if the donor does not have a
16-33 substantial interest in the legislative, administrative[, judicial] or political
16-34 action of the candidate for public office or public [or judicial] officer.
16-35 (f) A list of each business entity with which he or a member of his
16-36 household is involved as a trustee, beneficiary of a trust, director, officer,
16-37 owner in whole or in part, limited or general partner, or holder of a class of
16-38 stock or security representing 1 percent or more of the total outstanding
16-39 stock or securities issued by the business entity.
16-40 (g) A list of all public offices presently held by him for which this
16-41 statement of financial disclosure is required.
16-42 2. The commission shall distribute or cause to be distributed the forms
16-43 required for such a statement to each candidate for public office and public
16-44 [or judicial] officer who is required to file one. The commission is not
16-45 responsible for the costs of producing or distributing a form for filing
16-46 statements of financial disclosure which is prescribed pursuant to
16-47 subsection 1 of NRS 281.541.
16-48 3. As used in this section:
17-1 (a) “Business entity” means an organization or enterprise operated for
17-2 economic gain, including a proprietorship, partnership, firm, business,
17-3 trust, joint venture, syndicate, corporation or association.
17-4 (b) “Household” includes:
17-5 (1) The spouse of a candidate for public office or public [or judicial]
17-6 officer;
17-7 (2) A person who does not live in the same home or dwelling, but
17-8 who is dependent on and receiving substantial support from the candidate
17-9 for public office or public [or judicial] officer; and
17-10 (3) A person who lived in the home or dwelling of the candidate for
17-11 public office or public [or judicial] officer for 6 months or more in the year
17-12 immediately preceding the year in which the candidate for public office or
17-13 public [or judicial] officer files the statement of financial disclosure.
17-14 Sec. 24. NRS 281.575 is hereby amended to read as follows:
17-15 281.575 The secretary of state and each county or city clerk who
17-16 receives from a candidate for public office a declaration of candidacy,
17-17 acceptance of candidacy or certificate of candidacy shall give to the
17-18 candidate the form prescribed by the commission for the making of a
17-19 statement of financial disclosure, accompanied by instructions on how to
17-20 complete the form, where it must be filed and the time by which it must be
17-21 filed.
17-22 Sec. 25. NRS 281.581 is hereby amended to read as follows:
17-23 281.581 1. A candidate for public office or public [or judicial]
17-24 officer who fails to file his statement of financial disclosure in a timely
17-25 manner pursuant to NRS 281.561 is subject to a civil penalty and payment
17-26 of court costs and attorney’s fees. The amount of the civil penalty is:
17-27 (a) If the statement is filed not more than 7 days late, $25 for each day
17-28 the statement is late.
17-29 (b) If the statement is filed more than 7 days late but not more than 15
17-30 days late, $175 for the first 7 days, plus $50 for each additional day the
17-31 statement is late.
17-32 (c) If the statement is filed more than 15 days late, $575 for the first 15
17-33 days, plus $100 for each additional day the statement is late.
17-34 2. The commission may, for good cause shown, waive or reduce the
17-35 civil penalty.
17-36 3. The civil penalty must be recovered in a civil action brought in the
17-37 name of the State of Nevada by the commission in a court of competent
17-38 jurisdiction and deposited with the state treasurer for credit to the state
17-39 general fund.
17-40 4. If the commission waives a civil penalty pursuant to subsection 2,
17-41 the commission shall:
17-42 (a) Create a record which sets forth that the civil penalty has been
17-43 waived and describes the circumstances that constitute the good cause
17-44 shown; and
17-45 (b) Ensure that the record created pursuant to paragraph (a) is available
17-46 for review by the general public.
18-1 Sec. 26. The amendatory provisions of section 21 of this act do not
18-2 apply to proceedings for judicial review initiated before October 1, 2001.
18-3 H