S.B. 297
Senate Bill No. 297–Senator O’Connell (by request)
March 8, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to provisions governing elections. (BDR 24‑841)
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 elections; establishing uniform, statewide standards for counting votes cast using certain methods of voting; requiring the secretary of state to adopt regulations establishing uniform, statewide standards for counting votes cast using all other methods of voting; making various changes relating to requests for absent ballots; designating the office of county clerk as a nonpartisan office; establishing procedures concerning the custody of certain ballots; limiting a recount requested by a candidate to a recount of the votes received for that candidate and the votes received for the candidate who won the election; prohibiting members of a board of county commissioners or a city council from serving on a recount board under certain circumstances; requiring a circulator of certain petitions to provide specified information to a voter before the voter signs the petition; providing a civil penalty for a circulator of certain petitions who willfully misrepresents the provisions of the petition; 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. When counting a vote in an election, if more choices
1-4 than permitted by the instructions for a ballot are marked for any office
1-5 or question, the vote for that office or question may not be counted.
1-6 2. Except as otherwise provided in subsection 1, in an election in
1-7 which a paper ballot is used whereby a vote is cast by placing a cross in
1-8 the designated square on the paper ballot, a vote on the ballot must not
1-9 be counted unless indicated by a cross in the designated square.
1-10 3. Except as otherwise provided in subsection 1, in an election in
1-11 which a mechanical voting system is used whereby a vote is cast by
1-12 punching a card:
1-13 (a) A chip on the card must be counted as a vote if:
2-1 (1) The chip has at least one corner that is detached from the card;
2-2 or
2-3 (2) The fibers of paper on at least one edge of the chip are broken
2-4 in a way that permits unimpeded light to be seen through the card.
2-5 (b) A writing or other mark on the card, including, without limitation,
2-6 a cross, check, tear or scratch, may not be counted as a vote. The votes
2-7 on such a card must be counted unless the ballot is otherwise
2-8 disqualified.
2-9 4. Except as otherwise provided in subsection 1, in an election in
2-10 which a mechanical voting system is used whereby a vote is cast by
2-11 darkening a designated space on the ballot:
2-12 (a) Except as otherwise provided in paragraph (b), a vote must be
2-13 counted if:
2-14 (1) There is a cross or dot in the designated space on the ballot;
2-15 (2) A line is drawn on the ballot around the name of a candidate; or
2-16 (3) In a general election, a line is drawn on the ballot around the
2-17 name of the political party of a candidate or the word “independent” or
2-18 “nonpartisan” following the name of a candidate.
2-19 (b) A dot or line described in paragraph (a) must not be counted as a
2-20 vote if there is a cross marked over the dot or line.
2-21 5. The secretary of state:
2-22 (a) May adopt regulations establishing additional uniform, statewide
2-23 standards, not inconsistent with this section, for counting a vote cast by a
2-24 method of voting described in subsection 2, 3 or 4; and
2-25 (b) Shall adopt regulations establishing uniform, statewide standards
2-26 for counting a vote cast by each method of voting used in this state that is
2-27 not described in subsection 2, 3 or 4, including, without limitation, a vote
2-28 cast on a mechanical recording device which directly records the votes
2-29 electronically.
2-30 Sec. 3. 1. If a political party provides a form to request an absent
2-31 ballot to a registered voter and the political party includes incorrect or
2-32 incomplete information on the form, the political party may correct the
2-33 information on the form after the registered voter completes the form
2-34 upon the approval of the county clerk.
2-35 2. If the county clerk authorizes a political party to correct
2-36 information pursuant to subsection 1, the county clerk shall:
2-37 (a) Notify all other political parties in this state of the authorization;
2-38 and
2-39 (b) Authorize the other political parties in this state to make similar
2-40 corrections.
2-41 3. An error in the information included in a form to request an
2-42 absent ballot does not constitute grounds for rejecting an absent ballot
2-43 cast by the voter.
2-44 Sec. 4. NRS 293.127 is hereby amended to read as follows:
2-45 293.127 1. This Title shall be liberally construed to the end that all
2-46 electors shall have an opportunity to participate in elections and that the
2-47 real will of the electors may not be defeated by any informality or by
2-48 failure substantially to comply with the provisions of this Title with respect
3-1 to the giving of any notice or the conducting of an election or certifying the
3-2 results thereof.
3-3 2. For purposes of counting a vote, the real will of an elector must be
3-4 determined pursuant to section 2 or 25 of this act or regulations adopted
3-5 pursuant to section 2 or 25 of this act.
3-6 Sec. 5. NRS 293.195 is hereby amended to read as follows:
3-7 293.195 1. Judicial offices, school offices, the office of county
3-8 sheriff, the office of county clerk, the board of regents of the University of
3-9 Nevada, city and town officers, the state board of education and members
3-10 of boards of hospital trustees of public hospitals are hereby designated
3-11 nonpartisan offices.
3-12 2. No words designating the party affiliation of a candidate for
3-13 nonpartisan offices may be printed upon the ballot.
3-14 Sec. 6. NRS 293.304 is hereby amended to read as follows:
3-15 293.304 1. If a person is successfully challenged on the ground set
3-16 forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person
3-17 refuses to provide an affirmation pursuant to NRS 293.525, the election
3-18 board shall instruct the voter that he may vote only at the special polling
3-19 place in the manner set forth in this section.
3-20 2. The county clerk of each county shall maintain a special polling
3-21 place in his office and at such other locations as he deems necessary during
3-22 each election. The ballots voted at the special polling place must be kept
3-23 separate from the ballots of voters who have not been so challenged or who
3-24 have provided an affirmation pursuant to NRS 293.525 in:
3-25 (a) A special ballot box if the ballots are paper ballots or ballots which
3-26 are voted by punching a card; or
3-27 (b) A special sealed container if the ballots are ballots which are voted
3-28 on a mechanical recording device which directly records the votes
3-29 electronically.
3-30 3. At the end of each day before election day, the county clerk shall
3-31 remove the ballots from the special ballot box, neatly stack the ballots in
3-32 a container and seal the container with a numbered seal.
3-33 4. A person who votes at a special polling place may place his vote
3-34 only for the following offices and questions:
3-35 (a) President and Vice President of the United States;
3-36 (b) United States Senator;
3-37 (c) All state officers for whom all voters in the state may vote;
3-38 (d) All officers for whom all voters in the county may vote; and
3-39 (e) Questions which have been submitted to all voters of the county or
3-40 state.
3-41 [4.] 5. The ballots voted at the special polling place must be counted
3-42 when other ballots are counted and:
3-43 (a) If the ballots are paper ballots or ballots which are voted by
3-44 punching a card, maintained in a separate ballot box[;] or separate sealed
3-45 container; or
3-46 (b) If the ballots are ballots which are voted on a mechanical recording
3-47 device which directly records the votes electronically, maintained in a
3-48 separate sealed container,
4-1 until any contest of election is resolved or the date for filing a contest of
4-2 election has passed, whichever is later.
4-3 Sec. 7. NRS 293.3095 is hereby amended to read as follows:
4-4 293.3095 1. A person who, during the 6 months immediately
4-5 preceding an election, mails to more than a total of 500 registered voters a
4-6 form to request an absent ballot for the election shall:
4-7 (a) Mail the form prescribed by the secretary of state, which must, in
4-8 14-point type or larger:
4-9 (1) Identify the person who is mailing the form;
4-10 (2) Include a notice stating, “This is a request for an absent ballot.”;
4-11 and
4-12 (3) State that [by returning the form,] the registered voter must
4-13 return the form to the county clerk and that the person who mailed the
4-14 form [will be submitted] to the registered voter may not return the form to
4-15 the county clerk[;] on behalf of the registered voter;
4-16 (b) Not later than 14 days before mailing such a form, notify the county
4-17 clerk of each county to which a form will be mailed of the number of forms
4-18 to be mailed to voters in the county and the date of the mailing of the
4-19 forms; [and]
4-20 (c) Not return or offer to return to a county clerk a form that was
4-21 mailed to a registered voter pursuant to this subsection; and
4-22 (d) Not mail such a form later than 21 days before the election.
4-23 2. The provisions of this section do not authorize a person to vote by
4-24 absent ballot if he is not otherwise eligible to vote by absent ballot.
4-25 Sec. 8. NRS 293.315 is hereby amended to read as follows:
4-26 293.315 1. A registered voter referred to in NRS 293.313 may, at
4-27 any time before 5 p.m. on the [Tuesday] seventh working day preceding
4-28 any election, make an application to that clerk for an absent voter’s ballot.
4-29 The application must be made available for public inspection.
4-30 2. When the voter has identified himself to the satisfaction of the clerk,
4-31 he is entitled to receive the appropriate ballot or ballots, but only for his
4-32 own use.
4-33 3. A county clerk who allows a person to copy information from an
4-34 application for an absent ballot is immune from any civil or criminal
4-35 liability for any damage caused by the distribution of that information,
4-36 unless he knowingly and willingly allows a person who intends to use the
4-37 information to further an unlawful act to copy such information.
4-38 Sec. 9. NRS 293.323 is hereby amended to read as follows:
4-39 293.323 1. [If] Except as otherwise provided in subsection 2, if the
4-40 request for an absent ballot is made by mail or telegram, the county clerk
4-41 shall, as soon as the official absent ballot for the precinct or district in
4-42 which the applicant resides has been printed, send to the voter by first-class
4-43 mail if the absent voter is within the boundaries of the United States, its
4-44 territories or possessions or on a military base, or by air mail if the absent
4-45 voter is in a foreign country but not on a military base, postage prepaid:
4-46 (a) Except as otherwise provided in paragraph (b):
4-47 (1) An absent ballot;
4-48 (2) A return envelope;
4-49 (3) Supplies for marking the ballot;
5-1 (4) An envelope or similar device into which the ballot is inserted to
5-2 ensure its secrecy; and
5-3 (5) Instructions.
5-4 (b) In those counties using a mechanical voting system whereby a vote
5-5 is cast by punching a card:
5-6 (1) A card attached to a sheet of foam plastic or similar backing
5-7 material;
5-8 (2) A return envelope;
5-9 (3) A punching instrument;
5-10 (4) A sample ballot;
5-11 (5) An envelope or similar device into which the card is inserted to
5-12 ensure its secrecy; and
5-13 (6) Instructions.
5-14 2. If the county clerk is unable or otherwise fails to send an absent
5-15 ballot pursuant to subsection 1 in a timely manner to a voter who resides
5-16 within the continental United States, the county clerk may use a facsimile
5-17 machine to send an absent ballot and instructions to the voter. The voter
5-18 shall mail his absent ballot to the county clerk.
5-19 3. The return envelope sent pursuant to subsection 1 must include
5-20 postage prepaid by first-class mail if the absent voter is within the
5-21 boundaries of the United States, its territories or possessions or on a
5-22 military base.
5-23 [3.] 4. Nothing may be enclosed or sent with an absent ballot except
5-24 as required by subsection 1[.
5-25 4.] or 2.
5-26 5. Before depositing [the] a ballot in the mails[,] or sending a ballot
5-27 by facsimile machine, the county clerk shall record the date the ballot is
5-28 issued, the name of the registered voter to whom it is issued, his precinct or
5-29 district, his political affiliation, if any, the number of the ballot and any
5-30 remarks he finds appropriate.
5-31 6. The secretary of state shall adopt regulations to carry out the
5-32 provisions of subsection 2.
5-33 7. As used in this section, “facsimile machine” means a device which
5-34 sends or receives a reproduction or facsimile of a document or
5-35 photograph which is transmitted electronically or telephonically by
5-36 telecommunications lines.
5-37 Sec. 10. NRS 293.325 is hereby amended to read as follows:
5-38 293.325 1. Except as otherwise provided in subsections 2 and 3,
5-39 when an absent ballot is returned by a registered voter to the county clerk
5-40 through the mails and record thereof is made in the absent ballot record
5-41 book, the county clerk shall neatly stack the absent ballot with any other
5-42 absent ballot received that day in a container, seal the container with a
5-43 numbered seal and deliver, or cause to be delivered, that [ballot] container
5-44 to the precinct or district election board.
5-45 2. If the county clerk has appointed an absent ballot central counting
5-46 board, the county clerk shall, upon receipt of each absent voter’s ballot,
5-47 make a record of the return and check the signature on the return envelope
5-48 against the original signature of the voter on the county clerk’s register. If
5-49 the county clerk determines that the absent voter is entitled to cast his
6-1 ballot, he shall deposit the ballot in the proper ballot box. At the end of
6-2 each day before election day, the county clerk shall remove the ballots
6-3 from each ballot box, neatly stack the ballots in a container and seal the
6-4 container with a numbered seal. On election day the county clerk shall
6-5 deliver the ballot box and each container to the absent ballot counting
6-6 board to be counted.
6-7 3. If the county uses a mechanical voting system, the county clerk
6-8 shall, upon receipt of each absent voter’s ballot, make a record of the return
6-9 and check the signature on the return envelope against the original
6-10 signature of the county clerk’s register. If the county clerk determines that
6-11 the absent voter is entitled to cast his ballot, he shall deposit the ballot in
6-12 the proper ballot box. At the end of each day before election day, the
6-13 county clerk shall remove the ballots from each ballot box, neatly stack
6-14 the ballots in a container and seal the container with a numbered seal.
6-15 On election day the county clerk shall deliver the ballot box and each
6-16 container to the central counting place.
6-17 Sec. 11. NRS 293.330 is hereby amended to read as follows:
6-18 293.330 1. [When] Except as otherwise provided in NRS 293.3157
6-19 and subsection 2 of NRS 293.323 and any regulations adopted pursuant
6-20 thereto, when an absent voter receives his ballot, he must mark and fold it,
6-21 if it is a paper ballot, or punch it, if the ballot is voted by punching a card,
6-22 in accordance with the instructions, deposit it in the return envelope, seal
6-23 the envelope, affix his signature on the back of the envelope in the space
6-24 provided therefor and mail the return envelope.
6-25 2. If the absent voter who has received a ballot by mail applies to vote
6-26 the ballot in person at:
6-27 (a) The county clerk’s office, he must mark or punch the ballot, seal it
6-28 in the return envelope and affix his signature in the same manner as
6-29 provided in subsection 1, and deliver the envelope to the clerk.
6-30 (b) A polling place, he must surrender the absent ballot and provide
6-31 satisfactory identification before being issued a ballot to vote at the polling
6-32 place. A person who receives a surrendered absent ballot shall mark it
6-33 “Canceled.”
6-34 3. Except as otherwise provided in NRS 293.316, it is unlawful for any
6-35 person to return an absent ballot other than the voter who requested the
6-36 absent ballot or, at the request of the voter, a member of his family. A
6-37 person who returns an absent ballot and who is a member of the family of
6-38 the voter who requested the absent ballot shall, under penalty of perjury,
6-39 indicate on a form prescribed by the county clerk that he is a member of
6-40 the family of the voter who requested the absent ballot and that the voter
6-41 requested that he return the absent ballot. A person who violates the
6-42 provisions of this subsection is guilty of a category E felony and shall be
6-43 punished as provided in NRS 193.130.
6-44 Sec. 12. NRS 293.333 is hereby amended to read as follows:
6-45 293.333 [1.] On the day of an election, the precinct or district
6-46 election boards receiving the absent voters’ ballots from the county clerk
6-47 shall, in the presence of a majority of the election board officers, remove
6-48 the ballots from the ballot box and the containers in which the ballots
7-1 were transported pursuant to NRS 293.325 and deposit the ballots in the
7-2 regular ballot box in the following manner:
7-3 [(a)] 1. The name of the voter, as shown on the return envelope, must
7-4 be called and checked as if the voter were voting in person; [and
7-5 (b)] 2. The signature on the back of the return envelope must be
7-6 compared with that on the original application to register to vote[.
7-7 2.] ;
7-8 3. If the board determines that the absent voter is entitled to cast his
7-9 ballot, the envelope must be opened, the numbers on the ballot and
7-10 envelope compared, the number strip or stub detached from the ballot, and,
7-11 if the numbers are the same, the ballot deposited in the regular ballot box[.
7-12 3.] ; and
7-13 4. The election board officers shall mark in the pollbook opposite the
7-14 name of the voter the word “Voted.”
7-15 Sec. 13. NRS 293.3602 is hereby amended to read as follows:
7-16 293.3602 If paper ballots or ballots which are voted by punching a
7-17 card are used during the period for early voting by personal appearance:
7-18 1. [The] Each voting day during that period, the ballots voted at the
7-19 permanent or temporary polling place must be removed from the ballot
7-20 box, neatly stacked in a container that is sealed with a numbered seal
7-21 after the ballots are stacked inside. The sealed container must be
7-22 delivered by an election board officer to the county clerk’s office at the
7-23 close of each voting day. The seal on the [ballot box] container must
7-24 indicate the number of voted ballots contained in that [box] container for
7-25 that day.
7-26 2. When the [ballot box] container is delivered pursuant to subsection
7-27 1, the county clerk shall provide a new [ballot box] container that may be
7-28 sealed in the manner prescribed in NRS [293.359.] 293.462.
7-29 3. At the close of [the fourth] each voting day , [before the last day to
7-30 vote early and at the close of each of the 3 days thereafter,] the county
7-31 clerk shall deliver all ballots voted to the ballot board for early voting. At
7-32 the close of the last voting day, the county clerk shall deliver to the ballot
7-33 board for early voting:
7-34 (a) Each remaining [ballot box containing] container that holds the
7-35 ballots voted early by personal appearance;
7-36 (b) A voting roster of all persons who voted early by personal
7-37 appearance; and
7-38 (c) Any list of registered voters used in conducting early voting.
7-39 4. Upon the receipt of ballots, the board shall:
7-40 (a) Remove all ballots from the [ballot boxes] containers and sort the
7-41 ballots by precinct or voting district;
7-42 (b) Count the number of ballots by precinct or voting district;
7-43 (c) Account for all ballots on an official statement of ballots; and
7-44 (d) Place all official ballots in the container provided to transport those
7-45 items to a central counting place and seal the container with a numbered
7-46 seal. The official statement of ballots must accompany the voted ballots to
7-47 the central counting place.
8-1 5. The county clerk shall allow members of the general public to
8-2 observe the handling of the ballots pursuant to [subsection] subsections 1
8-3 and 4 if those members do not interfere with the handling of the ballots.
8-4 Sec. 14. NRS 293.3625 is hereby amended to read as follows:
8-5 293.3625 The county clerk shall make a record of the receipt at the
8-6 central counting place of each sealed container used to transport official
8-7 ballots pursuant to NRS 293.304, 293.325, 293.3602, 293B.330 and
8-8 293B.335. The record must include the numbers indicated on the container
8-9 and its seal pursuant to NRS 293.462.
8-10 Sec. 15. NRS 293.363 is hereby amended to read as follows:
8-11 293.363 When the polls are closed, the counting board shall prepare to
8-12 count the ballots voted . [that day.] The counting procedure must be public
8-13 and continue without adjournment until completed. If the ballots are paper
8-14 ballots or ballots which are voted by punching a card, the counting board
8-15 shall prepare in the following manner:
8-16 1. The pollbooks must be compared and errors corrected until the
8-17 books agree.
8-18 2. The container that holds the ballots, or the ballot box must be
8-19 opened and the ballots contained therein counted by the counting board and
8-20 opened far enough to ascertain whether each ballot is single. If two or more
8-21 ballots are found folded together to present the appearance of a single
8-22 ballot, they must be laid aside until the count of the ballots is completed. If,
8-23 on comparison of the count with the pollbook, a majority of the inspectors
8-24 are of the opinion that the ballots folded together were voted by one
8-25 person, the ballots must be rejected and placed in an envelope, upon which
8-26 must be written the reason for their rejection. The envelope must be signed
8-27 by the counting board officers and placed in the container or ballot box
8-28 after the count is completed.
8-29 3. If the ballots in the container or box are found to exceed in number
8-30 the number of names on the pollbooks, the ballots must be replaced in the
8-31 container or box, and a counting board officer, with his back turned to the
8-32 container or box, shall draw out a number of ballots equal to the excess.
8-33 The excess ballots must be marked on the back thereof with the words
8-34 “Excess ballots not counted.” The ballots when so marked must be
8-35 immediately sealed in an envelope and returned to the county clerk with
8-36 the other ballots rejected for any cause.
8-37 4. When it has been ascertained that the pollbook and the number of
8-38 ballots agree with the number of names of registered voters shown to have
8-39 voted, the board shall proceed to count. If there is a discrepancy between
8-40 the number of ballots and the number of voters, a record of the discrepancy
8-41 must be made.
8-42 Sec. 16. NRS 293.367 is hereby amended to read as follows:
8-43 293.367 1. The basic factor to be considered by an election board
8-44 when making a determination of whether a particular ballot must be
8-45 rejected is whether any identifying mark appears on the ballot which, in the
8-46 opinion of the election board, constitutes an identifying mark such that
8-47 there is a reasonable belief entertained in good faith that the ballot has been
8-48 tampered with and, as a result of the tampering, the outcome of the election
8-49 would be affected.
9-1 2. The regulations for counting ballots must include provisions that:
9-2 (a) [A vote on a paper ballot may not be counted unless indicated by a
9-3 cross in the appropriate square.
9-4 (b)] An error in marking one or more votes on a ballot does not
9-5 invalidate any votes properly marked on that ballot.
9-6 [(c If more choices than permitted by the instructions are marked for
9-7 any office or question, the vote for that office or question may not be
9-8 counted.
9-9 (d) If it is impossible to determine a voter’s choice for any office or
9-10 question, his vote or votes for that office or question may not be counted.
9-11 (e)] (b) A soiled or defaced ballot may not be rejected if it appears that
9-12 the soiling or defacing was inadvertent and was not done purposely to
9-13 identify the ballot.
9-14 [(f)] (c) Only devices provided for in this chapter or chapter 293B of
9-15 NRS may be used in marking ballots.
9-16 [(g)] (d) It is unlawful for any election board officer to place any mark
9-17 upon any ballot other than a spoiled ballot.
9-18 [(h)] (e) When an election board officer rejects a ballot for any alleged
9-19 defect or illegality, the officer shall seal the ballot in an envelope and write
9-20 upon the envelope a statement that it was rejected and the reason for
9-21 rejecting it. Each election board officer shall sign the envelope.
9-22 [(i)] (f) In counties where mechanical voting systems are used whereby
9-23 a vote is cast by punching a card, a superfluous punch into any card does
9-24 not constitute grounds for rejection of the ballot unless the election board
9-25 determines that the condition of the ballot justifies its exclusion pursuant to
9-26 subsection 1.
9-27 Sec. 17. NRS 293.384 is hereby amended to read as follows:
9-28 293.384 1. Beginning at 8 a.m. on the day before the day of an
9-29 election, the counting board, if it is responsible for counting absent ballots,
9-30 or the absent ballot central counting board shall withdraw all the ballots
9-31 [deposited in the absent voters’ ballot boxes] from each sealed container
9-32 that holds absent ballots received before that day and ascertain that each
9-33 [box] container has the required number of ballots according to the county
9-34 clerk’s absent voters’ record.
9-35 2. [Any absent ballots received by the county clerk after 8 a.m. on the
9-36 day that the ballots are withdrawn must be held by him until the ballots
9-37 received before that day have been withdrawn pursuant to subsection 1.
9-38 The clerk shall deposit those absent ballots in the appropriate ballot boxes.
9-39 3.] The counting board or absent ballot central counting board shall
9-40 count the number of ballots in the same manner as election boards.
9-41 Sec. 18. NRS 293.385 is hereby amended to read as follows:
9-42 293.385 1. After 8 a.m. on election day, the counting board, if it is
9-43 responsible for counting absent ballots, or the absent ballot central
9-44 counting board shall withdraw from the appropriate sealed containers all
9-45 the ballots received the previous day [from absent voters’ ballot boxes] and
9-46 ascertain that each [box] container has the required number of ballots
9-47 according to the county clerk’s absent voters’ ballot record.
9-48 2. If any absent ballots are received by the county clerk on election day
9-49 pursuant to NRS 293.316, the county clerk shall [hold the ballots until
10-1 ballots received before election day have been withdrawn pursuant to
10-2 subsection 1. Thereafter, the county clerk shall] deposit the absent ballots
10-3 in the appropriate ballot boxes.
10-4 3. After 8 a.m. on election day, the appropriate board shall count in
10-5 public the votes cast on the absent ballots.
10-6 4. If paper ballots are used, the results of the absent ballot vote in each
10-7 precinct [shall] must be certified and submitted to the county clerk who
10-8 shall have the results added to the regular votes of the precinct. If a
10-9 mechanical voting system is used in which a voter casts his ballot by
10-10 punching a card which is counted by a computer, the absent ballots may be
10-11 counted with the regular votes of the precinct. The returns of absent ballots
10-12 must be reported separately from the regular votes of the precinct, unless
10-13 reporting the returns separately would violate the secrecy of a voter’s
10-14 ballot. The county clerks shall develop a procedure to ensure that each
10-15 ballot is kept secret.
10-16 5. Any person who disseminates to the public in any way information
10-17 pertaining to the count of absent ballots before the polls close is guilty of a
10-18 misdemeanor.
10-19 Sec. 19. NRS 293.403 is hereby amended to read as follows:
10-20 293.403 1. A candidate defeated at any election may demand and
10-21 receive a recount of the vote for the office for which he is a candidate to
10-22 determine the number of votes received for the candidate and the number
10-23 of votes received for the person who won the election if within 3 working
10-24 days after the canvass of the vote and the certification by the county clerk
10-25 or city clerk of the abstract of votes[:
10-26 (a) He files] the candidate who demands the recount:
10-27 (a) Files in writing his demand with the officer with whom he filed his
10-28 declaration of candidacy or acceptance of candidacy; and
10-29 (b) [He deposits] Deposits in advance the estimated costs of the recount
10-30 with that officer.
10-31 2. Any voter at an election may demand and receive a recount of the
10-32 vote for a ballot question if within 3 working days after the canvass of the
10-33 vote and the certification by the county clerk or city clerk of the abstract of
10-34 votes:
10-35 (a) He files in writing his demand with:
10-36 (1) The secretary of state, if the demand is for a recount of a ballot
10-37 question affecting more than one county; or
10-38 (2) The county or city clerk who will conduct the recount, if the
10-39 demand is for a recount of a ballot question affecting only one county or
10-40 city; and
10-41 (b) He deposits in advance the estimated costs of the recount with the
10-42 person to whom he made his demand.
10-43 3. The estimated costs of the recount must be determined by the person
10-44 with whom the advance is deposited based on regulations adopted by the
10-45 secretary of state defining the term “costs.”
10-46 4. As used in this section, “canvass” means:
10-47 (a) In any primary election, the canvass by the board of county
10-48 commissioners of the returns for a candidate or ballot question voted for in
10-49 one county or the canvass by the board of county commissioners last
11-1 completing its canvass of the returns for a candidate or ballot question
11-2 voted for in more than one county.
11-3 (b) In any primary city election, the canvass by the city council of the
11-4 returns for a candidate or ballot question voted for in the city.
11-5 (c) In any general election:
11-6 (1) The canvass by the supreme court of the returns for a candidate
11-7 for a statewide office or a statewide ballot question; or
11-8 (2) The canvass of the board of county commissioners of the returns
11-9 for any other candidate or ballot question, as provided in paragraph (a).
11-10 (d) In any general city election, the canvass by the city council of the
11-11 returns for a candidate or ballot question voted for in the city.
11-12 Sec. 20. NRS 293.404 is hereby amended to read as follows:
11-13 293.404 1. Where a recount is demanded pursuant to the provisions
11-14 of NRS 293.403, the:
11-15 (a) County clerk of each county affected by the recount shall employ a
11-16 recount board to conduct the recount in the county, and shall act as
11-17 chairman of the recount board unless the recount is for the office of county
11-18 clerk, in which case the chairman of the board of county commissioners , if
11-19 he is not a candidate on the ballot, shall act as chairman of the recount
11-20 board. If the recount is for the office of county clerk and the chairman of
11-21 the board of county commissioners is a candidate on the ballot, the
11-22 chairman of the board of county commissioners shall appoint another
11-23 member of the board of county commissioners who is not a candidate on
11-24 the ballot to act as chairman of the recount board. A member of the
11-25 board of county commissioners who is a candidate on the ballot may not
11-26 serve as a member of the recount board. At least one member of the board
11-27 of county commissioners who is not a candidate on the ballot must be
11-28 present at the recount.
11-29 (b) City clerk shall employ a recount board to conduct the recount in the
11-30 city, and shall act as chairman of the recount board unless the recount is for
11-31 the office of city clerk, in which case the mayor of the city , if he is not a
11-32 candidate on the ballot, shall act as chairman of the recount board. If the
11-33 recount is for the office of city clerk and the mayor of the city is a
11-34 candidate on the ballot, the mayor of the city shall appoint another
11-35 member of the city council who is not a candidate on the ballot to act as
11-36 chairman of the recount board. A member of the city council who is a
11-37 candidate on the ballot may not serve as a member of the recount board.
11-38 At least one member of the city council who is not a candidate on the
11-39 ballot must be present at the recount.
11-40 2. Each candidate for the office affected by the recount and the voter
11-41 who demanded the recount, if any, may be present in person or by an
11-42 authorized representative, but may not be a member of the recount board.
11-43 [2.] 3. Except in counties or cities using a mechanical voting system,
11-44 the recount must include a count and inspection of all ballots, including
11-45 rejected ballots, and must determine whether those ballots are marked as
11-46 required by law.
11-47 [3.] 4. If a recount is demanded in a county or city using a mechanical
11-48 voting system, the person who demanded the recount shall select the
11-49 ballots for the office or ballot question affected from 5 percent of the
12-1 precincts, but in no case fewer than three precincts, after consultation with
12-2 each candidate for the office or his authorized representative. The recount
12-3 board shall examine the selected ballots, including any duplicate or
12-4 rejected ballots, shall determine whether the ballots have been voted in
12-5 accordance with this Title and shall count the valid ballots by hand. In
12-6 addition, a recount by computer must be made of all the selected ballots. If
12-7 the count by hand or the recount by computer of the selected ballots shows
12-8 a discrepancy equal to or greater than 1 percent or 5 votes, whichever is
12-9 greater, for any candidate for the office, or in favor of or against a ballot
12-10 question, from the original canvass of the returns, the county or city clerk
12-11 shall order a count by hand of all the ballots for that office[.] or ballot
12-12 question. Otherwise, the county or city clerk shall order a recount by
12-13 computer of all the ballots for the office[.
12-14 4.] or ballot question.
12-15 5. The county or city clerk shall unseal and give to the recount board
12-16 all ballots to be counted.
12-17 [5.] 6. In the case of a demand for a recount affecting more than one
12-18 county, the demand must be made to the secretary of state, who shall notify
12-19 the county clerks to proceed with the recount.
12-20 7. If a recount of the ballots for an office or ballot question is
12-21 conducted pursuant to this section, all the ballots cast for that office or
12-22 ballot question must be recounted. A recount conducted pursuant to this
12-23 section must not be limited to any portion of the votes cast for that office
12-24 or ballot question.
12-25 Sec. 21. NRS 293.462 is hereby amended to read as follows:
12-26 293.462 1. Each container used to transport official ballots [to a
12-27 central counting place] pursuant to NRS 293.304, 293.325, 293.3602,
12-28 293B.330 and 293B.335 must:
12-29 [1.] (a) Be constructed of metal or any other rigid material; and
12-30 [2.] (b) Contain a seal which is placed on the container to ensure
12-31 detection of any opening of the container.
12-32 2. The container and seal must be separately numbered for
12-33 identification.
12-34 Sec. 22. NRS 293B.360 is hereby amended to read as follows:
12-35 293B.360 1. To facilitate the processing and computation of votes
12-36 cast at any election conducted under a mechanical voting system, the
12-37 county clerk shall create a computer program and processing accuracy
12-38 board, and may create:
12-39 (a) A central ballot inspection board;
12-40 (b) An absent ballot mailing precinct inspection board;
12-41 (c) A ballot duplicating board;
12-42 (d) A ballot processing and packaging board; and
12-43 (e) Such additional boards or appoint such officers as he deems
12-44 necessary for the expeditious processing of ballots.
12-45 2. [The] Except as otherwise provided in subsection 3, the county
12-46 clerk may determine the number of members to constitute any board. He
12-47 shall make any appointments from among competent persons who are
12-48 registered voters in this state. The members of each board must represent
12-49 all political parties as equally as possible. The same person may be
13-1 appointed to more than one board but must meet the particular
13-2 qualifications for each board to which he is appointed.
13-3 3. If the county clerk creates a ballot duplicating board, the county
13-4 clerk shall appoint to the board at least two members. The members of
13-5 the ballot duplicating board must not all be of the same political party.
13-6 4. All persons appointed pursuant to this section serve at the pleasure
13-7 of the county clerk.
13-8 Sec. 23. NRS 293B.375 is hereby amended to read as follows:
13-9 293B.375 If ballots which are voted by punching a card are used, the
13-10 ballot duplicating board shall:
13-11 1. Receive damaged ballots, including ballots which have been torn,
13-12 bent or mutilated.
13-13 2. Receive cards with incompletely punched chips.
13-14 3. Prepare on a distinctly colored, serially numbered ballot marked
13-15 “duplicate” an exact copy of each damaged ballot.
13-16 4. In the case of a card with an incompletely punched chip:
13-17 (a) Remove the incompletely punched chip[;] if:
13-18 (1) The chip has at least one corner that is detached from the card;
13-19 or
13-20 (2) The fibers of paper on at least one edge of the chip are broken
13-21 in a way that permits unimpeded light to be seen through the card; or
13-22 (b) Duplicate the card without punching the location of the incompletely
13-23 punched chip[, according to the county clerk’s determination of the
13-24 probable intent of the voter.] if:
13-25 (1) The chip does not have at least one corner that is detached from
13-26 the card; and
13-27 (2) The fibers of paper on no edge of the chip are broken in a way
13-28 that permits unimpeded light to be seen through the card.
13-29 5. Record the serial number of the duplicate ballot on the damaged
13-30 original ballot and return the damaged and duplicate ballots to the
13-31 appropriate ballot inspection board.
13-32 6. Hold aside the duplicated ballots for counting after all other ballots
13-33 are counted if this procedure is directed by the county clerk.
13-34 Sec. 24. Chapter 293C of NRS is hereby amended by adding thereto
13-35 the provisions set forth as sections 25 and 26 of this act.
13-36 Sec. 25. 1. When counting a vote in an election, if more choices
13-37 than permitted by the instructions for a ballot are marked for any office
13-38 or question, the vote for that office or question may not be counted.
13-39 2. Except as otherwise provided in subsection 1, in an election in
13-40 which a paper ballot is used whereby a vote is cast by placing a cross in
13-41 the designated square on the paper ballot, a cross in the designated
13-42 square must be counted as a vote.
13-43 3. Except as otherwise provided in subsection 1, in an election in
13-44 which a mechanical voting system is used whereby a vote is cast by
13-45 punching a card:
13-46 (a) A chip on the card must be counted as a vote if:
13-47 (1) The chip has at least one corner that is detached from the card;
13-48 or
14-1 (2) The fibers of paper on at least one edge of the chip are broken
14-2 in a way that permits unimpeded light to be seen through the card.
14-3 (b) A writing or other mark on the card, including, without limitation,
14-4 a cross, check, tear or scratch, may not be counted as a vote. The votes
14-5 on such a card must be counted unless the ballot is otherwise
14-6 disqualified.
14-7 4. Except as otherwise provided in subsection 1, in an election in
14-8 which a mechanical voting system is used whereby a vote is cast by
14-9 darkening a designated space on the ballot:
14-10 (a) Except as otherwise provided in paragraph (b), a vote must be
14-11 counted if:
14-12 (1) There is a cross or dot in the designated space on the ballot;
14-13 (2) A line is drawn on the ballot around the name of a candidate; or
14-14 (3) In a general election, a line is drawn on the ballot around the
14-15 name of the political party of a candidate or the word “independent” or
14-16 “nonpartisan” following the name of a candidate.
14-17 (b) A dot or line described in paragraph (a) must not be counted as a
14-18 vote if there is a cross marked over the dot or line.
14-19 5. The secretary of state:
14-20 (a) May adopt regulations establishing additional uniform, statewide
14-21 standards, not inconsistent with this section, for counting a vote cast by a
14-22 method of voting described in subsection 2, 3 or 4; and
14-23 (b) Shall adopt regulations establishing uniform, statewide standards
14-24 for counting a vote cast by each method of voting used in this state that is
14-25 not described in subsection 2, 3 or 4, including, without limitation, a vote
14-26 cast on a mechanical recording device which directly records the votes
14-27 electronically.
14-28 Sec. 26. 1. If a political party provides a form to request an absent
14-29 ballot to a registered voter and the political party includes incorrect or
14-30 incomplete information on the form, the political party may correct the
14-31 information on the form after the registered voter completes the form
14-32 upon the approval of the city clerk.
14-33 2. If the city clerk authorizes a political party to correct information
14-34 pursuant to subsection 1, the city clerk shall:
14-35 (a) Notify all other political parties in this state of the authorization;
14-36 and
14-37 (b) Authorize the other political parties in this state to make similar
14-38 corrections.
14-39 3. An error in the information included by a political party in a form
14-40 to request an absent ballot does not constitute grounds for rejecting an
14-41 absent ballot cast by the voter.
14-42 Sec. 27. NRS 293C.295 is hereby amended to read as follows:
14-43 293C.295 1. If a person is successfully challenged on the ground set
14-44 forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person
14-45 refuses to provide an affirmation pursuant to NRS 293C.525, the election
14-46 board shall instruct the voter that he may vote only at the special polling
14-47 place in the manner set forth in this section.
14-48 2. The city clerk shall maintain at least one special polling place at
14-49 such locations as he deems necessary during each election. The ballots
15-1 voted at the special polling place must be kept separate from the ballots of
15-2 voters who have not been so challenged or who have provided an
15-3 affirmation pursuant to NRS 293C.525 in:
15-4 (a) A special ballot box if the ballots are paper ballots or ballots that are
15-5 voted by punching a card; or
15-6 (b) A special sealed container if the ballots are ballots that are voted on
15-7 a mechanical recording device which directly records the votes
15-8 electronically.
15-9 3. At the end of each day before election day, the city clerk shall
15-10 remove the ballots from the special ballot box, neatly stack the ballots,
15-11 place the ballots in a container and seal the container with a numbered
15-12 seal.
15-13 4. A person who votes at a special polling place may place his vote
15-14 only for the following offices and questions:
15-15 (a) All officers for whom all voters in the city may vote; and
15-16 (b) Questions that have been submitted to all voters of the city.
15-17 [4.] 5. The ballots voted at the special polling place must be counted
15-18 when other ballots are counted and:
15-19 (a) If the ballots are paper ballots or ballots that are voted by punching a
15-20 card, maintained in a separate ballot box[;] or sealed container; or
15-21 (b) If the ballots are ballots that are voted on a mechanical recording
15-22 device that directly records the votes electronically, maintained in a
15-23 separate sealed container,
15-24 until any contest of election is resolved or the date for filing a contest of
15-25 election has passed, whichever is later.
15-26 Sec. 28. NRS 293C.306 is hereby amended to read as follows:
15-27 293C.306 1. A person who, during the 6 months immediately
15-28 preceding an election, mails to more than a total of 500 registered voters a
15-29 form to request an absent ballot for the election shall:
15-30 (a) Mail the form prescribed by the secretary of state, which must, in
15-31 14-point type or larger:
15-32 (1) Identify the person who is mailing the form;
15-33 (2) Include a notice stating, “This is a request for an absent ballot.”;
15-34 and
15-35 (3) State that [by returning the form] the registered voter must return
15-36 the form to the county clerk and that the person who mailed the form
15-37 [will be submitted] to the registered voter may not return the form to the
15-38 city clerk[;] on behalf of the registered voter;
15-39 (b) Not later than 14 days before mailing such a form, notify the city
15-40 clerk of each city to which a form will be mailed of the number of forms to
15-41 be mailed to voters in the city and the date of the mailing of the forms;
15-42 [and]
15-43 (c) Not return or offer to return to the city clerk a form that was
15-44 mailed to a registered voter pursuant to this subsection; and
15-45 (d) Not mail such a form later than 21 days before the election.
15-46 2. The provisions of this section do not authorize a person to vote by
15-47 absent ballot if he is not otherwise eligible to vote by absent ballot.
16-1 Sec. 29. NRS 293C.312 is hereby amended to read as follows:
16-2 293C.312 1. A registered voter referred to in NRS 293C.310 may, at
16-3 any time before 5 p.m. on the [Tuesday] seventh working day preceding
16-4 any election, make an application to the city clerk for an absent voter’s
16-5 ballot. The application must be made available for public inspection.
16-6 2. When the voter has identified himself to the satisfaction of the city
16-7 clerk, he is entitled to receive the appropriate ballot or ballots, but only for
16-8 his own use.
16-9 3. A city clerk who allows a person to copy information from an
16-10 application for an absent ballot is immune from any civil or criminal
16-11 liability for any damage caused by the distribution of that information,
16-12 unless he knowingly and willingly allows a person who intends to use the
16-13 information to further an unlawful act to copy the information.
16-14 Sec. 30. NRS 293C.322 is hereby amended to read as follows:
16-15 293C.322 1. [If] Except as otherwise provided in subsection 2, if the
16-16 request for an absent ballot is made by mail or telegram, the city clerk
16-17 shall, as soon as the official absent ballot for the precinct or district in
16-18 which the applicant resides has been printed, send to the voter by first-class
16-19 mail if the absent voter is within the boundaries of the United States, its
16-20 territories or possessions or on a military base, or by air mail if the absent
16-21 voter is in a foreign country but not on a military base, postage prepaid:
16-22 (a) Except as otherwise provided in paragraph (b):
16-23 (1) An absent ballot;
16-24 (2) A return envelope;
16-25 (3) Supplies for marking the ballot;
16-26 (4) An envelope or similar device into which the ballot is inserted to
16-27 ensure its secrecy; and
16-28 (5) Instructions.
16-29 (b) In those cities using a mechanical voting system whereby a vote is
16-30 cast by punching a card:
16-31 (1) A card attached to a sheet of foam plastic or similar backing
16-32 material;
16-33 (2) A return envelope;
16-34 (3) A punching instrument;
16-35 (4) A sample ballot;
16-36 (5) An envelope or similar device into which the card is inserted to
16-37 ensure its secrecy; and
16-38 (6) Instructions.
16-39 2. If the city clerk is unable or otherwise fails to send an absent
16-40 ballot pursuant to subsection 1 in a timely manner to a voter who resides
16-41 within the continental United States, the city clerk may use a facsimile
16-42 machine to send an absent ballot and instructions to the voter. The voter
16-43 shall mail his absent ballot to the city clerk.
16-44 3. The return envelope sent pursuant to subsection 1 must include
16-45 postage prepaid by first-class mail if the absent voter is within the
16-46 boundaries of the United States, its territories or possessions or on a
16-47 military base.
16-48 [3.] 4. Nothing may be enclosed or sent with an absent ballot except
16-49 as required by subsection 1[.
17-1 4.] or 2.
17-2 5. Before depositing [the] a ballot with the United States Postal
17-3 Service[,] or sending a ballot by facsimile machine, the city clerk shall
17-4 record the date the ballot is issued, the name of the registered voter to
17-5 whom it is issued, his precinct or district, the number of the ballot and any
17-6 remarks he finds appropriate.
17-7 6. The secretary of state shall adopt regulations to carry out the
17-8 provisions of subsection 2.
17-9 7. As used in this section, “facsimile machine” means a device which
17-10 sends or receives a reproduction or facsimile of a document or
17-11 photograph which is transmitted electronically or telephonically by
17-12 telecommunications lines.
17-13 Sec. 31. NRS 293C.325 is hereby amended to read as follows:
17-14 293C.325 1. Except as otherwise provided in subsections 2 and 3,
17-15 when an absent ballot is returned by a registered voter to the city clerk
17-16 through the mails, and record thereof is made in the absent ballot record
17-17 book, the city clerk shall neatly stack the absent ballot with any other
17-18 absent ballot received that day in a container, seal the container with a
17-19 numbered seal and deliver, or cause to be delivered, that [ballot] container
17-20 to the precinct or district election board.
17-21 2. If the city clerk has appointed an absent ballot central counting
17-22 board, the city clerk shall, upon receipt of each absent voter’s ballot, make
17-23 a record of the return and check the signature on the return envelope
17-24 against the original signature of the voter on the county clerk’s register. If
17-25 the city clerk determines that the absent voter is entitled to cast his ballot,
17-26 he shall deposit the ballot in the proper ballot box. At the end of each day
17-27 before election day, the city clerk shall remove the ballots from each
17-28 ballot box, neatly stack the ballots in a container and seal the container
17-29 with a numbered seal. On election day the city clerk shall deliver the ballot
17-30 box and each container to the absent ballot counting board to be counted.
17-31 3. If the city uses a mechanical voting system, the city clerk shall,
17-32 upon receipt of each absent voter’s ballot, make a record of the return and
17-33 check the signature on the return envelope against the original signature of
17-34 the county clerk’s register. If the city clerk determines that the absent voter
17-35 is entitled to cast his ballot, he shall deposit the ballot in the proper ballot
17-36 box. At the end of each day before election day, the city clerk shall
17-37 remove the ballots from each ballot box, neatly stack the ballots in a
17-38 container and seal the container with a numbered seal. On election day
17-39 the city clerk shall deliver the ballot box and each container to the central
17-40 counting place.
17-41 Sec. 32. NRS 293C.330 is hereby amended to read as follows:
17-42 293C.330 1. [When] Except as otherwise provided in 293C.315 and
17-43 subsection 2 of NRS 293C.322 and any regulations adopted pursuant
17-44 thereto, when an absent voter receives his ballot, he must mark and fold it,
17-45 if it is a paper ballot, or punch it, if the ballot is voted by punching a card,
17-46 in accordance with the instructions, deposit it in the return envelope, seal
17-47 the envelope, affix his signature on the back of the envelope in the space
17-48 provided therefor and mail the return envelope.
18-1 2. If the absent voter who has received a ballot by mail applies to vote
18-2 the ballot in person at:
18-3 (a) The city clerk’s office, he must mark or punch the ballot, seal it in
18-4 the return envelope and affix his signature in the same manner as provided
18-5 in subsection 1, and deliver the envelope to the city clerk.
18-6 (b) A polling place, he must surrender the absent ballot and provide
18-7 satisfactory identification before being issued a ballot to vote at the polling
18-8 place. A person who receives a surrendered absent ballot shall mark it
18-9 “Canceled.”
18-10 3. Except as otherwise provided in NRS 293C.317, it is unlawful for
18-11 any person to return an absent ballot other than the voter who requested the
18-12 absent ballot or, at the request of the voter, a member of his family. A
18-13 person who returns an absent ballot and who is a member of the family of
18-14 the voter who requested the absent ballot shall, under penalty of perjury,
18-15 indicate on a form prescribed by the city clerk that he is a member of the
18-16 family of the voter who requested the absent ballot and that the voter
18-17 requested that he return the absent ballot. A person who violates the
18-18 provisions of this subsection is guilty of a category E felony and shall be
18-19 punished as provided in NRS 193.130.
18-20 Sec. 33. NRS 293C.332 is hereby amended to read as follows:
18-21 293C.332 [1.] On the day of an election, the precinct or district
18-22 election boards receiving the absent voters’ ballots from the city clerk
18-23 shall, in the presence of a majority of the election board officers, remove
18-24 the ballots from the ballot box and the containers in which the ballots
18-25 were transported pursuant to NRS 293C.325 and deposit the ballots in the
18-26 regular ballot box in the following manner:
18-27 [(a)] 1. The name of the voter, as shown on the return envelope, must
18-28 be called and checked as if the voter were voting in person; [and
18-29 (b)] 2. The signature on the back of the return envelope must be
18-30 compared with that on the original application to register to vote[.
18-31 2.] ;
18-32 3. If the board determines that the absent voter is entitled to cast his
18-33 ballot, the envelope must be opened, the numbers on the ballot and
18-34 envelope compared, the number strip or stub detached from the ballot and,
18-35 if the numbers are the same, the ballot deposited in the regular ballot box[.
18-36 3.] ; and
18-37 4. The election board officers shall mark in the pollbook opposite the
18-38 name of the voter the word “Voted.”
18-39 Sec. 34. NRS 293C.3602 is hereby amended to read as follows:
18-40 293C.3602 If paper ballots or ballots which are voted by punching a
18-41 card are used during the period for early voting by personal appearance:
18-42 1. [The] Each voting day during that period, the ballots voted at the
18-43 permanent or temporary polling place must be removed from the ballot
18-44 box, neatly stacked in a container that is sealed with a numbered seal
18-45 after the ballots are stacked inside. The sealed container must be
18-46 delivered by an election board officer to the city clerk’s office at the close
18-47 of each voting day. The seal on the [ballot box] container must indicate the
18-48 number of voted ballots contained in that [box] container for that day.
19-1 2. When the [ballot box] container is delivered pursuant to subsection
19-2 1, the city clerk shall provide a new [ballot box] container that may be
19-3 sealed in the manner prescribed in NRS [293C.359.] 293C.700.
19-4 3. At the close of [the fourth] each voting day , [before the last day to
19-5 vote early and at the close of each of the 3 days thereafter,] the city clerk
19-6 shall deliver all ballots voted to the ballot board for early voting. At the
19-7 close of the last voting day, the city clerk shall deliver to the ballot board
19-8 for early voting:
19-9 (a) Each remaining [ballot box containing] container that holds the
19-10 ballots voted early by personal appearance;
19-11 (b) A voting roster of all persons who voted early by personal
19-12 appearance; and
19-13 (c) Any list of registered voters used in conducting early voting.
19-14 4. Upon the receipt of ballots, the board shall:
19-15 (a) Remove all ballots from the [ballot boxes] containers and sort the
19-16 ballots by precinct or voting district;
19-17 (b) Count the number of ballots by precinct or voting district;
19-18 (c) Account for all ballots on an official statement of ballots; and
19-19 (d) Place all official ballots in the container provided to transport those
19-20 items to a central counting place and seal the container with a numbered
19-21 seal. The official statement of ballots must accompany the voted ballots to
19-22 the central counting place.
19-23 5. The city clerk shall allow members of the general public to observe
19-24 the handling of the ballots pursuant to [subsection] subsections 1 and 4 if
19-25 those members do not interfere with the handling of the ballots.
19-26 Sec. 35. NRS 293C.3615 is hereby amended to read as follows:
19-27 293C.3615 The city clerk shall make a record of the receipt at the
19-28 central counting place of each sealed container used to transport official
19-29 ballots pursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and
19-30 293C.635. The record must include the numbers indicated on the container
19-31 and its seal pursuant to NRS [293.462.] 293C.700.
19-32 Sec. 36. NRS 293C.362 is hereby amended to read as follows:
19-33 293C.362 When the polls are closed, the counting board shall prepare
19-34 to count the ballots voted . [that day.] The counting procedure must be
19-35 public and continue without adjournment until completed. If the ballots are
19-36 paper ballots or ballots that are voted by punching a card, the counting
19-37 board shall prepare in the following manner:
19-38 1. The pollbooks must be compared and errors corrected until the
19-39 books agree.
19-40 2. The container that holds the ballots, or the ballot box must be
19-41 opened and the ballots contained therein counted by the counting board and
19-42 opened far enough to determine whether each ballot is single. If two or
19-43 more ballots are found folded together to present the appearance of a single
19-44 ballot, they must be laid aside until the count of the ballots is completed. If,
19-45 on comparison of the count with the pollbook, a majority of the inspectors
19-46 are of the opinion that the ballots folded together were voted by one
19-47 person, the ballots must be rejected and placed in an envelope, upon which
19-48 must be written the reason for their rejection. The envelope must be signed
20-1 by the counting board officers and placed in the container or ballot box
20-2 after the count is completed.
20-3 3. If the ballots in the container or box are found to exceed the
20-4 number of names on the pollbooks, the ballots must be replaced in the
20-5 container or box and a counting board officer shall, with his back turned to
20-6 the container or box, draw out a number of ballots equal to the excess. The
20-7 excess ballots must be marked on the back thereof with the words “Excess
20-8 ballots not counted.” The ballots when so marked must be immediately
20-9 sealed in an envelope and returned to the city clerk with the other ballots
20-10 rejected for any cause.
20-11 4. When it has been determined that the pollbook and the number of
20-12 ballots agree with the number of names of registered voters shown to have
20-13 voted, the board shall proceed to count. If there is a discrepancy between
20-14 the number of ballots and the number of voters, a record of the discrepancy
20-15 must be made.
20-16 Sec. 37. NRS 293C.367 is hereby amended to read as follows:
20-17 293C.367 1. The basic factor to be considered by an election board
20-18 when making a determination of whether a particular ballot must be
20-19 rejected is whether any identifying mark appears on the ballot which, in the
20-20 opinion of the election board, constitutes an identifying mark such that
20-21 there is a reasonable belief entertained in good faith that the ballot has been
20-22 tampered with and, as a result of the tampering, the outcome of the election
20-23 would be affected.
20-24 2. Regulations for counting ballots must include provisions that:
20-25 (a) [A vote on a paper ballot may not be counted unless indicated by a
20-26 cross in the appropriate square.
20-27 (b)] An error in marking one or more votes on a ballot does not
20-28 invalidate any votes properly marked on that ballot.
20-29 [(c) If more choices than allowed by the instructions are marked for any
20-30 office or question, the vote for that office or question may not be counted.
20-31 (d) If it is impossible to determine a voter’s choice for any office or
20-32 question, his vote or votes for that office or question may not be counted.
20-33 (e)] (b) A soiled or defaced ballot may not be rejected if it appears that
20-34 the soiling or defacing was inadvertent and was not done purposely to
20-35 identify the ballot.
20-36 [(f)] (c) Only devices provided for in this chapter, chapter 293 or 293B
20-37 of NRS may be used in marking ballots.
20-38 [(g)] (d) It is unlawful for any election board officer to place any mark
20-39 upon any ballot other than a spoiled ballot.
20-40 [(h)] (e) When an election board officer rejects a ballot for any alleged
20-41 defect or illegality, the officer shall seal the ballot in an envelope and write
20-42 upon the envelope a statement that it was rejected and the reason for
20-43 rejecting it. Each election board officer shall sign the envelope.
20-44 [(i)] (f) In cities where mechanical voting systems are used whereby a
20-45 vote is cast by punching a card, a superfluous punch into any card does not
20-46 constitute grounds for rejection of the ballot unless the election board
20-47 determines that the condition of the ballot justifies its exclusion pursuant to
20-48 subsection 1.
21-1 Sec. 38. NRS 293C.382 is hereby amended to read as follows:
21-2 293C.382 1. Beginning at 8 a.m. on the day before the day of an
21-3 election, the counting board, if it is responsible for counting absent ballots,
21-4 or the absent ballot central counting board shall withdraw the ballots
21-5 [deposited in the absent voters’ ballot boxes] from each sealed container
21-6 that holds absent ballots received before that day and determine whether
21-7 each [box] container has the required number of ballots according to the
21-8 city clerk’s absent voters’ record.
21-9 2. [Any absent ballots received by the city clerk after 8 a.m. on the day
21-10 that the ballots are withdrawn must be held by him until the ballots
21-11 received before that day have been withdrawn pursuant to subsection 1.
21-12 The clerk shall deposit those absent ballots in the appropriate ballot boxes.
21-13 3.] The counting board or absent ballot central counting board shall
21-14 count the number of ballots in the same manner as election boards.
21-15 Sec. 39. NRS 293C.385 is hereby amended to read as follows:
21-16 293C.385 1. After 8 a.m. on election day, the counting board, if it is
21-17 responsible for counting absent ballots, or the absent ballot central
21-18 counting board shall withdraw from the appropriate sealed containers all
21-19 the ballots received the previous day from [absent voters’ ballot boxes] and
21-20 determine whether each [box] container has the required number of ballots
21-21 according to the city clerk’s absent voters’ ballot record.
21-22 2. If any absent ballots are received by the city clerk on election day
21-23 pursuant to NRS 293C.317, the city clerk shall [hold the ballots until the
21-24 ballots received before election day have been withdrawn pursuant to
21-25 subsection 1. Thereafter, the city clerk shall] deposit the absent ballots in
21-26 the appropriate ballot boxes.
21-27 3. After 8 a.m. on election day, the appropriate board shall count in
21-28 public the votes cast on the absent ballots.
21-29 4. If paper ballots are used, the results of the absent ballot vote in each
21-30 precinct must be certified and submitted to the city clerk, who shall have
21-31 the results added to the regular votes of the precinct. If a mechanical voting
21-32 system is used in which a voter casts his ballot by punching a card that is
21-33 counted by a computer, the absent ballots may be counted with the regular
21-34 votes of the precinct. The returns of absent ballots must be reported
21-35 separately from the regular votes of the precinct, unless reporting the
21-36 returns separately would violate the secrecy of a voter’s ballot. The city
21-37 clerks shall develop a procedure to ensure that each ballot is kept secret.
21-38 5. Any person who disseminates to the public information relating to
21-39 the count of absent ballots before the polls close is guilty of a
21-40 misdemeanor.
21-41 Sec. 40. NRS 293C.640 is hereby amended to read as follows:
21-42 293C.640 1. To facilitate the processing and computation of votes
21-43 cast at an election conducted under a mechanical voting system, the city
21-44 clerk shall create a computer program and processing accuracy board, and
21-45 may create:
21-46 (a) A central ballot inspection board;
21-47 (b) An absent ballot mailing precinct inspection board;
21-48 (c) A ballot duplicating board;
21-49 (d) A ballot processing and packaging board; and
22-1 (e) Such additional boards or appoint such officers as he deems
22-2 necessary for the expeditious processing of ballots.
22-3 2. [The] Except as otherwise provided in subsection 3, the city clerk
22-4 may determine the number of members to constitute any board. He shall
22-5 make any appointments from among competent persons who are registered
22-6 voters in this state. The same person may be appointed to more than one
22-7 board but must meet the qualifications for each board to which he is
22-8 appointed.
22-9 3. If the city clerk creates a ballot duplicating board, the city clerk
22-10 shall appoint to the board at least two members. The members of the
22-11 ballot duplicating board must not all be of the same political party.
22-12 4. All persons appointed pursuant to this section serve at the pleasure
22-13 of the city clerk.
22-14 Sec. 41. NRS 293C.655 is hereby amended to read as follows:
22-15 293C.655 If ballots that are voted by punching a card are used, the
22-16 ballot duplicating board shall:
22-17 1. Receive damaged ballots, including ballots that have been torn, bent
22-18 or mutilated.
22-19 2. Receive cards with incompletely punched chips.
22-20 3. Prepare on a distinctly colored, serially numbered ballot marked
22-21 “duplicate” an exact copy of each damaged ballot.
22-22 4. In the case of a card with an incompletely punched chip:
22-23 (a) Remove the incompletely punched chip[;] if:
22-24 (1) The chip has at least one corner that is detached from the card;
22-25 or
22-26 (2) The fibers of paper on at least one edge of the chip are broken
22-27 in a way that permits unimpeded light to be seen through the card; or
22-28 (b) Duplicate the card without punching the location of the incompletely
22-29 punched chip[, according to the city clerk’s determination of the probable
22-30 intent of the voter.] if:
22-31 (1) The chip does not have at least one corner that is detached from
22-32 the card; and
22-33 (2) The fibers of paper on no edge of the chip are broken in a way
22-34 that permits unimpeded light to be seen through the card.
22-35 5. Record the serial number of the duplicate ballot on the damaged
22-36 original ballot and return the damaged and duplicate ballots to the
22-37 appropriate ballot inspection board.
22-38 6. Hold aside the duplicated ballots for counting after all other ballots
22-39 are counted if this procedure is directed by the city clerk.
22-40 Sec. 42. NRS 293C.700 is hereby amended to read as follows:
22-41 293C.700 1. Each container used to transport official ballots [to a
22-42 central counting place] pursuant to NRS 293C.295, 293C.325, 293C.3602,
22-43 293C.630 and 293C.635 must:
22-44 [1.] (a) Be constructed of metal or any other rigid material; and
22-45 [2.] (b) Contain a seal which is placed on the container to ensure
22-46 detection of any opening of the container.
22-47 2. The container and seal must be separately numbered for
22-48 identification.
23-1 Sec. 43. Chapter 295 of NRS is hereby amended by adding thereto the
23-2 provisions set forth as sections 44 and 45 of this act.
23-3 Sec. 44. A person who obtains the signature of a voter on a petition
23-4 for initiative or referendum that is governed by this chapter shall, before
23-5 the voter signs the petition:
23-6 1. Inform the voter of the provisions of the petition; and
23-7 2. Identify any provision of Nevada Revised Statutes or of the
23-8 constitution of this state proposed to be amended by the petition.
23-9 Sec. 45. 1. A person who circulates a petition for initiative or
23-10 referendum that is governed by this chapter shall not willfully
23-11 misrepresent the provisions of the petition to a voter to obtain the
23-12 signature of the voter on the petition.
23-13 2. A person who violates the provisions of this section is subject to a
23-14 civil penalty of not more than $5,000 for each violation and payment of
23-15 court costs and attorney’s fees. The civil penalty must be recovered in a
23-16 civil action brought in the name of the State of Nevada by the secretary
23-17 of state in the first judicial district court and deposited with the state
23-18 treasurer for credit to the state general fund.
23-19 Sec. 46. This act becomes effective upon passage and approval.
23-20 H