(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to 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; establishing procedures concerning the custody of certain ballots; limiting, under certain circumstances, 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; 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:

1-14      (1) The chip has at least one corner that is detached from the card;

1-15  or

1-16      (2) The fibers of paper on at least one edge of the chip are broken

1-17  in a way that permits unimpeded light to be seen through the card.

2-1    (b) A writing or other mark on the card, including, without limitation,

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

2-3  remaining votes on such a card must be counted unless the ballot is

2-4  otherwise disqualified.

2-5    4.  Except as otherwise provided in subsection 1, in an election in

2-6  which a mechanical voting system is used whereby a vote is cast by

2-7  darkening a designated space on the ballot:

2-8  (a) A vote must be counted if the designated space is darkened or

2-9  there is a writing in the designated space, including, without limitation, a

2-10  cross or check; and

2-11    (b) Except as otherwise provided in paragraph (a), a writing or other

2-12  mark on the ballot, including, without limitation, a cross, check, tear or

2-13  scratch may not be counted as a vote.

2-14    5.  The secretary of state:

2-15    (a) May adopt regulations establishing additional uniform, statewide

2-16  standards, not inconsistent with this section, for counting a vote cast by a

2-17  method of voting described in subsection 2, 3 or 4; and

2-18    (b) Shall adopt regulations establishing uniform, statewide standards

2-19  for counting a vote cast by each method of voting used in this state that is

2-20  not described in subsection 2, 3 or 4, including, without limitation, a vote

2-21  cast on a mechanical recording device which directly records the votes

2-22  electronically.

2-23    Sec. 3. An error in the information included in a form to request an

2-24  absent ballot does not constitute grounds for rejecting an absent ballot

2-25  cast by the voter.

2-26    Sec. 4.  NRS 293.127 is hereby amended to read as follows:

2-27    293.127  1. This Title shall be liberally construed to the end that all

2-28  electors shall have an opportunity to participate in elections and that the

2-29  real will of the electors may not be defeated by any informality or by

2-30  failure substantially to comply with the provisions of this Title with respect

2-31  to the giving of any notice or the conducting of an election or certifying the

2-32  results thereof.

2-33    2.  For purposes of counting a vote, the real will of an elector must be

2-34  determined pursuant to section 2 or 23 of this act or regulations adopted

2-35  pursuant to section 2 or 23 of this act.

2-36    Sec. 5.  NRS 293.3095 is hereby amended to read as follows:

2-37    293.3095  1.  A person who, during the 6 months immediately

2-38  preceding an election, [mails] distributes to more than a total of 500

2-39  registered voters a form to request an absent ballot for the election shall:

2-40    (a) [Mail] Distribute the form prescribed by the secretary of state,

2-41  which must, in 14-point type or larger:

2-42      (1) Identify the person who is [mailing] distributing the form; and

2-43      (2) Include a notice stating, “This is a request for an absent ballot.”;

2-44  [and

2-45      (3) State that by returning the form, the form will be submitted to the

2-46  county clerk;]

2-47    (b) Not later than 14 days before [mailing] distributing such a form,

2-48  [notify]provide tothe county clerk of each county to which a form will be

2-49  [mailed] distributed written notification of the approximate number of

3-1  formsto be [mailed] distributed to voters in the county and of the first date

3-2  [of the mailing of] on which the forms [; and] will be distributed;

3-3    (c) Not return or offer to return to a county clerk a form that was

3-4  mailed to a registered voter pursuant to this subsection; and

3-5    (d)Not mail such a form later than 21 days before the election.

3-6    2.  The provisions of this section do not authorize a person to vote by

3-7  absent ballot if he is not otherwise eligible to vote by absent ballot.

3-8    Sec. 6.  NRS 293.315 is hereby amended to read as follows:

3-9    293.315  1.  A registered voter referred to in NRS 293.313 may, at

3-10  any time before 5 p.m. on the [Tuesday] seventh calendar day preceding

3-11  any election, make an application to that clerk for an absent voter’s ballot.

3-12  The application must be made available for public inspection.

3-13    2.  When the voter has identified himself to the satisfaction of the clerk,

3-14  he is entitled to receive the appropriate ballot or ballots, but only for his

3-15  own use.

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

3-17  application for an absent ballot is immune from any civil or criminal

3-18  liability for any damage caused by the distribution of that information,

3-19  unless he knowingly and willingly allows a person who intends to use the

3-20  information to further an unlawful act to copy such information.

3-21    Sec. 7.  NRS 293.323 is hereby amended to read as follows:

3-22    293.323  1.  [If] Except as otherwise provided in subsection 2, if the

3-23  request for an absent ballot is made by mail or [telegram,] facsimile

3-24  machine, the county clerk shall, as soon as the official absent ballot for the

3-25  precinct or district in which the applicant resides has been printed, send to

3-26  the voter by first-class mail if the absent voter is within the boundaries of

3-27  the United States, its territories or possessions or on a military base, or by

3-28  air mail if the absent voter is in a foreign country but not on a military

3-29  base : [, postage prepaid:]

3-30    (a) Except as otherwise provided in paragraph (b):

3-31      (1) An absent ballot;

3-32      (2) A return envelope;

3-33      (3) Supplies for marking the ballot;

3-34      (4) An envelope or similar device into which the ballot is inserted to

3-35  ensure its secrecy; and

3-36      (5) Instructions.

3-37    (b) In those counties using a mechanical voting system whereby a vote

3-38  is cast by punching a card:

3-39      (1) A card attached to a sheet of foam plastic or similar backing

3-40  material;

3-41      (2) A return envelope;

3-42      (3) A punching instrument;

3-43      (4) A sample ballot;

3-44      (5) An envelope or similar device into which the card is inserted to

3-45  ensure its secrecy; and

3-46      (6) Instructions.

3-47    2.  If the county clerk fails to send an absent ballot pursuant to

3-48  subsection 1 to a voter who resides within the continental United States,

3-49  the county clerk may use a facsimile machine to send an absent ballot

4-1  and instructions to the voter. The voter shall mail his absent ballot to the

4-2  county clerk.

4-3    3. The return envelope sent pursuant to subsection 1 must include

4-4  postage prepaid by first-class mail if the absent voter is within the

4-5  boundaries of the United States, its territories or possessions or on a

4-6  military base.

4-7    [3.] 4. Nothing may be enclosed or sent with an absent ballot except

4-8  as required by subsection 1[.

4-9    4.] or 2.

4-10    5. Before depositing [the] a ballot in the mails[,] or sending a ballot

4-11  by facsimile machine,the county clerk shall record the date the ballot is

4-12  issued, the name of the registered voter to whom it is issued, his precinct or

4-13  district, his political affiliation, if any, the number of the ballot and any

4-14  remarks he finds appropriate.

4-15    6.  The secretary of state shall adopt regulations to carry out the

4-16  provisions of subsection 2.

4-17    7.  As used in this section, “facsimile machine” means a device which

4-18  sends or receives a reproduction or facsimile of a document or

4-19  photograph which is transmitted electronically or telephonically by

4-20  telecommunications lines.

4-21    Sec. 8.  NRS 293.325 is hereby amended to read as follows:

4-22    293.325  1.  Except as otherwise provided in subsections 2 and 3,

4-23  when an absent ballot is returned by a registered voter to the county clerk

4-24  through the mails and record thereof is made in the absent ballot record

4-25  book, the county clerk shall neatly stack, unopened, the absent ballot with

4-26  any other absent ballot received that day in a container and deliver, or

4-27  cause to be delivered, that [ballot] container to the precinct or district

4-28  election board.

4-29    2.  If the county clerk has appointed an absent ballot central counting

4-30  board, the county clerk shall, upon receipt of each absent voter’s ballot,

4-31  make a record of the return and check the signature on the return envelope

4-32  against the original signature of the voter on the county clerk’s register. If

4-33  the county clerk determines that the absent voter is entitled to cast his

4-34  ballot, he shall deposit the ballot in the proper ballot box. [On] At the end

4-35  of each day before election day, the county clerk may remove the ballots

4-36  from each ballot box and neatly stack the ballots in a container. Except

4-37  as otherwise provided in subsection 3, on election day the county clerk

4-38  shall deliver the ballot box and, if applicable, each container to the absent

4-39  ballot counting board to be counted.

4-40    3.  If the county uses a mechanical voting system, the county clerk

4-41  shall, upon receipt of each absent voter’s ballot, make a record of the return

4-42  and check the signature on the return envelope against the original

4-43  signature of the county clerk’s register. If the county clerk determines that

4-44  the absent voter is entitled to cast his ballot, he shall deposit the ballot in

4-45  the proper ballot box [. On] or place the ballot, unopened, in a container

4-46  that must be securely locked or under the control of the county clerk at

4-47  all times. At the end of each day before election day, the county clerk may

4-48  remove the ballots from each ballot box, neatly stack the ballots in a

4-49  container and seal the container with a numbered seal. Except as

5-1  otherwise provided in this subsection, on election day the county clerk

5-2  shall deliver the ballot box and each container, if applicable, to the

5-3  central counting place. If the county uses a mechanical voting system

5-4  and the county clerk has appointed an absent ballot central counting

5-5  board, the county clerk may, not earlier than 4 working days before the

5-6  election, deliver the ballots to the absent ballot central counting board to

5-7  be processed and prepared for tabulation pursuant to the procedures

5-8  established by the secretary of state.

5-9    Sec. 9.  NRS 293.330 is hereby amended to read as follows:

5-10    293.330  1.  [When] Except as otherwise provided in NRS 293.3157

5-11  and subsection 2 of NRS 293.323 and any regulations adopted pursuant

5-12  thereto, when an absent voter receives his ballot, he must mark and fold it,

5-13  if it is a paper ballot, or punch it, if the ballot is voted by punching a card,

5-14  in accordance with the instructions, deposit it in the return envelope, seal

5-15  the envelope, affix his signature on the back of the envelope in the space

5-16  provided therefor and mail the return envelope.

5-17    2.  If the absent voter who has received a ballot by mail applies to vote

5-18  the ballot in person at:

5-19    (a) The county clerk’s office, he must mark or punch the ballot, seal it

5-20  in the return envelope and affix his signature in the same manner as

5-21  provided in subsection 1, and deliver the envelope to the clerk.

5-22    (b) A polling place, he must surrender the absent ballot and provide

5-23  satisfactory identification before being issued a ballot to vote at the polling

5-24  place. A person who receives a surrendered absent ballot shall mark it

5-25  “Canceled.”

5-26    3.  Except as otherwise provided in NRS 293.316, it is unlawful for any

5-27  person to return an absent ballot other than the voter who requested the

5-28  absent ballot or, at the request of the voter, a member of his family. A

5-29  person who returns an absent ballot and who is a member of the family of

5-30  the voter who requested the absent ballot shall, under penalty of perjury,

5-31  indicate on a form prescribed by the county clerk that he is a member of

5-32  the family of the voter who requested the absent ballot and that the voter

5-33  requested that he return the absent ballot. A person who violates the

5-34  provisions of this subsection is guilty of a category E felony and shall be

5-35  punished as provided in NRS 193.130.

5-36    Sec. 10.  NRS 293.333 is hereby amended to read as follows:

5-37    293.333  [1.] On the day of an election, the precinct or district

5-38  election boards receiving the absent voters’ ballots from the county clerk

5-39  shall, in the presence of a majority of the election board officers, remove

5-40  the ballots from the ballot box and the containers in which the ballots

5-41  were transported pursuant to NRS 293.325 and deposit the ballots in the

5-42  regular ballot box in the following manner:

5-43    [(a)] 1.  The name of the voter, as shown on the return envelope, must

5-44  be called and checked as if the voter were voting in person; [and

5-45    (b)] 2.  The signature on the back of the return envelope must be

5-46  compared with that on the original application to register to vote[.

5-47    2.] ;

5-48    3.  If the board determines that the absent voter is entitled to cast his

5-49  ballot, the envelope must be opened, the numbers on the ballot and

6-1  envelope compared, the number strip or stub detached from the ballot, and,

6-2  if the numbers are the same, the ballot deposited in the regular ballot box[.

6-3    3.] ; and

6-4    4. The election board officers shall mark in the pollbook opposite the

6-5  name of the voter the word “Voted.”

6-6    Sec. 11.  NRS 293.3602 is hereby amended to read as follows:

6-7    293.3602  If paper ballots or ballots which are voted by punching a

6-8  card are used during the period for early voting by personal appearance:

6-9    1.  [The] Each voting day during that period, the ballots voted at the

6-10  permanent or temporary polling place must be removed from the ballot

6-11  box, neatly stacked in a container that is sealed with a numbered seal

6-12  after the ballots are stacked inside. The sealed container must be

6-13  delivered by an election board officer to the county clerk’s office at the

6-14  close of each voting day. The seal on the [ballot box] container must

6-15  indicate the number of voted ballots contained in that [box] container for

6-16  that day.

6-17    2.  When the [ballot box] container is delivered pursuant to subsection

6-18  1, the county clerk shall provide a new [ballot box] container that may be

6-19  sealed in the manner prescribed in NRS [293.359.] 293.462.

6-20    3.  At the close of [the fourth] each voting day , [before the last day to

6-21  vote early and at the close of each of the 3 days thereafter,] the county

6-22  clerk shall deliver all ballots voted to the ballot board for early voting. At

6-23  the close of the last voting day, the county clerk shall deliver to the ballot

6-24  board for early voting:

6-25    (a) Each remaining [ballot box containing] container that holds the

6-26  ballots voted early by personal appearance;

6-27    (b) A voting roster of all persons who voted early by personal

6-28  appearance; and

6-29    (c) Any list of registered voters used in conducting early voting.

6-30    4.  Upon the receipt of ballots, the board shall:

6-31    (a) Remove all ballots from the [ballot boxes] containers and sort the

6-32  ballots by precinct or voting district;

6-33    (b) Count the number of ballots by precinct or voting district;

6-34    (c) Account for all ballots on an official statement of ballots; and

6-35    (d) Place all official ballots in the container provided to transport those

6-36  items to a central counting place and seal the container with a numbered

6-37  seal. The official statement of ballots must accompany the voted ballots to

6-38  the central counting place.

6-39    5.  The county clerk shall allow members of the general public to

6-40  observe the handling of the ballots pursuant to [subsection] subsections 1

6-41  and 4 if those members do not interfere with the handling of the ballots.

6-42    Sec. 12.  NRS 293.3625 is hereby amended to read as follows:

6-43    293.3625  The county clerk shall make a record of the receipt at the

6-44  central counting place of each sealed container used to transport official

6-45  ballots pursuant to NRS 293.304, 293.325, 293.3602, 293B.330 and

6-46  293B.335. The record must include the numbers indicated on the container

6-47  and its seal pursuant to NRS 293.462.

 

 

7-1    Sec. 13.  NRS 293.363 is hereby amended to read as follows:

7-2    293.363  When the polls are closed, the counting board shall prepare to

7-3  count the ballots voted . [that day.] The counting procedure must be public

7-4  and continue without adjournment until completed. If the ballots are paper

7-5  ballots or ballots which are voted by punching a card, the counting board

7-6  shall prepare in the following manner:

7-7    1.  The pollbooks must be compared and errors corrected until the

7-8  books agree.

7-9    2.  The container that holds the ballots, or the ballot box must be

7-10  opened and the ballots contained therein counted by the counting board and

7-11  opened far enough to ascertain whether each ballot is single. If two or more

7-12  ballots are found folded together to present the appearance of a single

7-13  ballot, they must be laid aside until the count of the ballots is completed. If,

7-14  on comparison of the count with the pollbook, a majority of the inspectors

7-15  are of the opinion that the ballots folded together were voted by one

7-16  person, the ballots must be rejected and placed in an envelope, upon which

7-17  must be written the reason for their rejection. The envelope must be signed

7-18  by the counting board officers and placed in the container or ballot box

7-19  after the count is completed.

7-20    3.  If the ballots in the container or box are found to exceed in number

7-21  the number of names on the pollbooks, the ballots must be replaced in the

7-22  container or box, and a counting board officer, with his back turned to the

7-23  container or box, shall draw out a number of ballots equal to the excess.

7-24  The excess ballots must be marked on the back thereof with the words

7-25  “Excess ballots not counted.” The ballots when so marked must be

7-26  immediately sealed in an envelope and returned to the county clerk with

7-27  the other ballots rejected for any cause.

7-28    4.  When it has been ascertained that the pollbook and the number of

7-29  ballots agree with the number of names of registered voters shown to have

7-30  voted, the board shall proceed to count. If there is a discrepancy between

7-31  the number of ballots and the number of voters, a record of the discrepancy

7-32  must be made.

7-33    Sec. 14.  NRS 293.367 is hereby amended to read as follows:

7-34    293.367  1.  The basic factor to be considered by an election board

7-35  when making a determination of whether a particular ballot must be

7-36  rejected is whether any identifying mark appears on the ballot which, in the

7-37  opinion of the election board, constitutes an identifying mark such that

7-38  there is a reasonable belief entertained in good faith that the ballot has been

7-39  tampered with and, as a result of the tampering, the outcome of the election

7-40  would be affected.

7-41    2.  The regulations for counting ballots must include provisions that:

7-42    (a) [A vote on a paper ballot may not be counted unless indicated by a

7-43  cross in the appropriate square.

7-44    (b)] An error in marking one or more votes on a ballot does not

7-45  invalidate any votes properly marked on that ballot.

7-46    [(c If more choices than permitted by the instructions are marked for

7-47  any office or question, the vote for that office or question may not be

7-48  counted.

8-1    (d) If it is impossible to determine a voter’s choice for any office or

8-2  question, his vote or votes for that office or question may not be counted.

8-3    (e)] (b) A soiled or defaced ballot may not be rejected if it appears that

8-4  the soiling or defacing was inadvertent and was not done purposely to

8-5  identify the ballot.

8-6    [(f)] (c) Only devices provided for in this chapter or chapter 293B of

8-7  NRS may be used in marking ballots.

8-8    [(g)] (d) It is unlawful for any election board officer to place any mark

8-9  upon any ballot other than a spoiled ballot.

8-10    [(h)] (e) When an election board officer rejects a ballot for any alleged

8-11  defect or illegality, the officer shall seal the ballot in an envelope and write

8-12  upon the envelope a statement that it was rejected and the reason for

8-13  rejecting it. Each election board officer shall sign the envelope.

8-14    [(i)] (f) In counties where mechanical voting systems are used whereby

8-15  a vote is cast by punching a card, a superfluous punch into any card does

8-16  not constitute grounds for rejection of the ballot unless the election board

8-17  determines that the condition of the ballot justifies its exclusion pursuant to

8-18  subsection 1.

8-19    Sec. 15.  NRS 293.384 is hereby amended to read as follows:

8-20    293.384  1.  Beginning at 8 a.m. on the day before the day of an

8-21  election, the counting board, if it is responsible for counting absent ballots,

8-22  or the absent ballot central counting board shall withdraw all the ballots

8-23  [deposited in the absent voters’ ballot boxes] from each ballot box or

8-24  container that holds absent ballots received before that day and ascertain

8-25  that each box or container has the required number of ballots according to

8-26  the county clerk’s absent voters’ record.

8-27    2.  [Any absent ballots received by the county clerk after 8 a.m. on the

8-28  day that the ballots are withdrawn must be held by him until the ballots

8-29  received before that day have been withdrawn pursuant to subsection 1.

8-30  The clerk shall deposit those absent ballots in the appropriate ballot boxes.

8-31    3.] The counting board or absent ballot central counting board shall

8-32  count the number of ballots in the same manner as election boards.

8-33    Sec. 16.  NRS 293.385 is hereby amended to read as follows:

8-34    293.385  1.  After 8 a.m. on election day, the counting board, if it is

8-35  responsible for counting absent ballots, or the absent ballot central

8-36  counting board shall withdraw from the appropriate ballot boxes or

8-37  containers all the ballots received the previous day [from absent voters’

8-38  ballot boxes] and ascertain that each box or container has the required

8-39  number of ballots according to the county clerk’s absent voters’ ballot

8-40  record.

8-41    2.  If any absent ballots are received by the county clerk on election day

8-42  pursuant to NRS 293.316, the county clerk shall [hold the ballots until

8-43  ballots received before election day have been withdrawn pursuant to

8-44  subsection 1. Thereafter, the county clerk shall] deposit the absent ballots

8-45  in the appropriate ballot boxes [.] or containers.

8-46    3.  After 8 a.m. on election day, the appropriate board shall count in

8-47  public the votes cast on the absent ballots.

8-48    4.  If paper ballots are used, the results of the absent ballot vote in each

8-49  precinct [shall] must be certified and submitted to the county clerk who

9-1  shall have the results added to the regular votes of the precinct. If a

9-2  mechanical voting system is used in which a voter casts his ballot by

9-3  punching a card which is counted by a computer, the absent ballots may be

9-4  counted with the regular votes of the precinct. The returns of absent ballots

9-5  must be reported separately from the regular votes of the precinct, unless

9-6  reporting the returns separately would violate the secrecy of a voter’s

9-7  ballot. The county clerks shall develop a procedure to ensure that each

9-8  ballot is kept secret.

9-9    5.  Any person who disseminates to the public in any way information

9-10  pertaining to the count of absent ballots before the polls close is guilty of a

9-11  misdemeanor.

9-12    Sec. 17.  NRS 293.403 is hereby amended to read as follows:

9-13    293.403  1.  A candidate defeated at any election may demand and

9-14  receive a recount of the vote for the office for which he is a candidate to

9-15  determine the number of votes received for the candidate and the number

9-16  of votes received for the person who won the election if within 3 working

9-17  days after the canvass of the vote and the certification by the county clerk

9-18  or city clerk of the abstract of votes[:

9-19    (a) He files] the candidate who demands the recount:

9-20    (a) Files in writing his demand with the officer with whom he filed his

9-21  declaration of candidacy or acceptance of candidacy; and

9-22    (b) [He deposits] Deposits in advance the estimated costs of the recount

9-23  with that officer.

9-24    2.  Any voter at an election may demand and receive a recount of the

9-25  vote for a ballot question if within 3 working days after the canvass of the

9-26  vote and the certification by the county clerk or city clerk of the abstract of

9-27  votes:

9-28    (a) He files in writing his demand with:

9-29      (1) The secretary of state, if the demand is for a recount of a ballot

9-30  question affecting more than one county; or

9-31      (2) The county or city clerk who will conduct the recount, if the

9-32  demand is for a recount of a ballot question affecting only one county or

9-33  city; and

9-34    (b) He deposits in advance the estimated costs of the recount with the

9-35  person to whom he made his demand.

9-36    3.  The estimated costs of the recount must be determined by the person

9-37  with whom the advance is deposited based on regulations adopted by the

9-38  secretary of state defining the term “costs.”

9-39    4.  As used in this section, “canvass” means:

9-40    (a) In any primary election, the canvass by the board of county

9-41  commissioners of the returns for a candidate or ballot question voted for in

9-42  one county or the canvass by the board of county commissioners last

9-43  completing its canvass of the returns for a candidate or ballot question

9-44  voted for in more than one county.

9-45    (b) In any primary city election, the canvass by the city council of the

9-46  returns for a candidate or ballot question voted for in the city.

9-47    (c) In any general election:

9-48      (1) The canvass by the supreme court of the returns for a candidate

9-49  for a statewide office or a statewide ballot question; or

10-1      (2) The canvass of the board of county commissioners of the returns

10-2  for any other candidate or ballot question, as provided in paragraph (a).

10-3    (d) In any general city election, the canvass by the city council of the

10-4  returns for a candidate or ballot question voted for in the city.

10-5    Sec. 18.  NRS 293.404 is hereby amended to read as follows:

10-6    293.404  1.  Where a recount is demanded pursuant to the provisions

10-7  of NRS 293.403, the:

10-8    (a) County clerk of each county affected by the recount shall employ a

10-9  recount board to conduct the recount in the county, and shall act as

10-10  chairman of the recount board unless the recount is for the office of county

10-11  clerk, in which case the registrar of voters of the county, if a registrar of

10-12  voters has been appointed for the county, shall act as chairman of the

10-13  recount board. If a registrar of voters has not been appointed for the

10-14  county, the chairman of the board of county commissioners , if he is not a

10-15  candidate on the ballot, shall act as chairman of the recount board. If the

10-16  recount is for the office of county clerk, a registrar of voters has not been

10-17  appointed for the county and the chairman of the board of county

10-18  commissioners is a candidate on the ballot, the chairman of the board of

10-19  county commissioners shall appoint another member of the board of

10-20  county commissioners who is not a candidate on the ballot to act as

10-21  chairman of the recount board. A member of the board of county

10-22  commissioners who is a candidate on the ballot may not serve as a

10-23  member of the recount board. At least one member of the board of county

10-24  commissioners who is not a candidate on the ballot must be present at the

10-25  recount.

10-26  (b) City clerk shall employ a recount board to conduct the recount in the

10-27  city, and shall act as chairman of the recount board unless the recount is for

10-28  the office of city clerk, in which case the mayor of the city , if he is not a

10-29  candidate on the ballot, shall act as chairman of the recount board. If the

10-30  recount is for the office of city clerk and the mayor of the city is a

10-31  candidate on the ballot, the mayor of the city shall appoint another

10-32  member of the city council who is not a candidate on the ballot to act as

10-33  chairman of the recount board. A member of the city council who is a

10-34  candidate on the ballot may not serve as a member of the recount board.

10-35  At least one member of the city council who is not a candidate on the

10-36  ballot must be present at the recount.

10-37  2. Each candidate for the office affected by the recount and the voter

10-38  who demanded the recount, if any, may be present in person or by an

10-39  authorized representative, but may not be a member of the recount board.

10-40  [2.] 3. Except in counties or cities using a mechanical voting system,

10-41  the recount must include a count and inspection of all ballots, including

10-42  rejected ballots, and must determine whether those ballots are marked as

10-43  required by law.

10-44  [3.] 4. If a recount is demanded in a county or city using a mechanical

10-45  voting system, the person who demanded the recount shall select the

10-46  ballots for the office or ballot question affected from 5 percent of the

10-47  precincts, but in no case fewer than three precincts, after [consultation

10-48  with] notification to each candidate for the office or his authorized

10-49  representative. The recount board shall examine the selected ballots,

11-1  including any duplicate or rejected ballots, shall determine whether the

11-2  ballots have been voted in accordance with this Title and shall count the

11-3  valid ballots by hand. In addition, a recount by computer must be made of

11-4  all the selected ballots. If the count by hand or the recount by computer of

11-5  the selected ballots shows a discrepancy equal to or greater than 1 percent

11-6  or 5 votes, whichever is greater, for [any candidate for the office,] the

11-7  candidate demanding the recount or the candidate who won the election

11-8  according to the original canvass of the returns, or in favor of or against a

11-9  ballot question, [from] according to the original canvass of the returns, the

11-10  county or city clerk shall order a count by hand of all the ballots for that

11-11  office[.] or ballot question. Otherwise, the county or city clerk shall order

11-12  a recount by computer of all the ballots for all candidates for the office[.

11-13  4.] or all the ballots for the ballot question.

11-14  5. The county or city clerk shall unseal and give to the recount board

11-15  all ballots to be counted.

11-16  [5.] 6. In the case of a demand for a recount affecting more than one

11-17  county, the demand must be made to the secretary of state, who shall notify

11-18  the county clerks to proceed with the recount.

11-19  Sec. 19.  NRS 293.462 is hereby amended to read as follows:

11-20  293.462  1. Each container used to transport official ballots [to a

11-21  central counting place] pursuant to NRS 293.304, 293.325, 293.3602,

11-22  293B.330 and 293B.335 must:

11-23  [1.] (a) Be constructed of metal or any other rigid material; and

11-24  [2.] (b) Contain a seal which is placed on the container to ensure

11-25  detection of any opening of the container.

11-26  2.  The container and seal must be separately numbered for

11-27  identification.

11-28  Sec. 20.  NRS 293B.360 is hereby amended to read as follows:

11-29  293B.360  1.  To facilitate the processing and computation of votes

11-30  cast at any election conducted under a mechanical voting system, the

11-31  county clerk shall create a computer program and processing accuracy

11-32  board, and may create:

11-33  (a) A central ballot inspection board;

11-34  (b) An absent ballot mailing precinct inspection board;

11-35  (c) A ballot duplicating board;

11-36  (d) A ballot processing and packaging board; and

11-37  (e) Such additional boards or appoint such officers as he deems

11-38  necessary for the expeditious processing of ballots.

11-39  2.  [The] Except as otherwise provided in subsection 3, the county

11-40  clerk may determine the number of members to constitute any board. He

11-41  shall make any appointments from among competent persons who are

11-42  registered voters in this state. The members of each board must represent

11-43  all political parties as equally as possible. The same person may be

11-44  appointed to more than one board but must meet the particular

11-45  qualifications for each board to which he is appointed.

11-46  3.  If the county clerk creates a ballot duplicating board, the county

11-47  clerk shall appoint to the board at least two members. The members of

11-48  the ballot duplicating board must not all be of the same political party.

12-1    4.  All persons appointed pursuant to this section serve at the pleasure

12-2  of the county clerk.

12-3    Sec. 21.  NRS 293B.375 is hereby amended to read as follows:

12-4    293B.375  If ballots which are voted by punching a card are used, the

12-5  ballot duplicating board shall:

12-6    1.  Receive damaged ballots, including ballots which have been torn,

12-7  bent or mutilated.

12-8    2.  Receive cards with incompletely punched chips.

12-9    3.  Prepare on a distinctly colored, serially numbered ballot marked

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

12-11  4.  In the case of a card with an incompletely punched chip:

12-12  (a) Remove the incompletely punched chip[;] if:

12-13     (1) The chip has at least one corner that is detached from the card;

12-14  or

12-15     (2) The fibers of paper on at least one edge of the chip are broken

12-16  in a way that permits unimpeded light to be seen through the card; or

12-17  (b) Duplicate the card without punching the location of the incompletely

12-18  punched chip[, according to the county clerk’s determination of the

12-19  probable intent of the voter.] if:

12-20     (1) The chip does not have at least one corner that is detached from

12-21  the card; and

12-22     (2) The fibers of paper on no edge of the chip are broken in a way

12-23  that permits unimpeded light to be seen through the card.

12-24  5.  Record the serial number of the duplicate ballot on the damaged

12-25  original ballot and return the damaged and duplicate ballots to the

12-26  appropriate ballot inspection board.

12-27  6.  Hold aside the duplicated ballots for counting after all other ballots

12-28  are counted if this procedure is directed by the county clerk.

12-29  Sec. 22.  Chapter 293C of NRS is hereby amended by adding thereto

12-30  the provisions set forth as sections 23 and 24 of this act.

12-31  Sec. 23.  1.  When counting a vote in an election, if more choices

12-32  than permitted by the instructions for a ballot are marked for any office

12-33  or question, the vote for that office or question may not be counted.

12-34  2.  Except as otherwise provided in subsection 1, in an election in

12-35  which a paper ballot is used whereby a vote is cast by placing a cross in

12-36  the designated square on the paper ballot, a cross in the designated

12-37  square must be counted as a vote.

12-38  3.  Except as otherwise provided in subsection 1, in an election in

12-39  which a mechanical voting system is used whereby a vote is cast by

12-40  punching a card:

12-41  (a) A chip on the card must be counted as a vote if:

12-42     (1) The chip has at least one corner that is detached from the card;

12-43  or

12-44     (2) The fibers of paper on at least one edge of the chip are broken

12-45  in a way that permits unimpeded light to be seen through the card.

12-46  (b) A writing or other mark on the card, including, without limitation,

12-47  a cross, check, tear or scratch, may not be counted as a vote. The

12-48  remaining votes on such a card must be counted unless the ballot is

12-49  otherwise disqualified.

13-1    4.  Except as otherwise provided in subsection 1, in an election in

13-2  which a mechanical voting system is used whereby a vote is cast by

13-3  darkening a designated space on the ballot:

13-4      (a) A vote must be counted if the designated space is darkened or

13-5  there is a writing in the designated space, including, without limitation, a

13-6  cross or check; and

13-7    (b) Except as otherwise provided in paragraph (a), a writing or other

13-8  mark on the ballot, including, without limitation, a cross, check, tear or

13-9  scratch may not be counted as a vote.

13-10  5.  The secretary of state:

13-11  (a) May adopt regulations establishing additional uniform, statewide

13-12  standards, not inconsistent with this section, for counting a vote cast by a

13-13  method of voting described in subsection 2, 3 or 4; and

13-14  (b) Shall adopt regulations establishing uniform, statewide standards

13-15  for counting a vote cast by each method of voting used in this state that is

13-16  not described in subsection 2, 3 or 4, including, without limitation, a vote

13-17  cast on a mechanical recording device which directly records the votes

13-18  electronically.

13-19  Sec. 24.  An error in the information included by a political party in

13-20  a form to request an absent ballot does not constitute grounds for

13-21  rejecting an absent ballot cast by the voter.

13-22  Sec. 25.  NRS 293C.306 is hereby amended to read as follows:

13-23  293C.306  1.  A person who, during the 6 months immediately

13-24  preceding an election, [mails] distributes to more than a total of 500

13-25  registered voters a form to request an absent ballot for the election shall:

13-26  (a) [Mail] Distribute the form prescribed by the secretary of state,

13-27  which must, in 14-point type or larger:

13-28     (1) Identify the person who is [mailing] distributing the form; and

13-29     (2) Include a notice stating, “This is a request for an absent ballot.”;

13-30  [and

13-31     (3) State that by returning the form, the form will be submitted to the

13-32  city clerk;]

13-33  (b) Not later than 14 days before [mailing] distributing such a form,

13-34  [notify] provide to the city clerk of each city to which a form will be

13-35  [mailed] distributed written notification of the approximate number of

13-36  formsto be [mailed] distributed to voters in the city and of the first date

13-37  [of the mailing of] on which the forms [; and] will be distributed;

13-38  (c) Not return or offer to return to the city clerk a form that was

13-39  mailed to a registered voter pursuant to this subsection; and

13-40  (d) Not mail such a form later than 21 days before the election.

13-41  2.  The provisions of this section do not authorize a person to vote by

13-42  absent ballot if he is not otherwise eligible to vote by absent ballot.

13-43  Sec. 26.  NRS 293C.312 is hereby amended to read as follows:

13-44  293C.312  1.  A registered voter referred to in NRS 293C.310 may, at

13-45  any time before 5 p.m. on the [Tuesday] seventh calendar day preceding

13-46  any election, make an application to the city clerk for an absent voter’s

13-47  ballot. The application must be made available for public inspection.

14-1    2.  When the voter has identified himself to the satisfaction of the city

14-2  clerk, he is entitled to receive the appropriate ballot or ballots, but only for

14-3  his own use.

14-4    3.  A city clerk who allows a person to copy information from an

14-5  application for an absent ballot is immune from any civil or criminal

14-6  liability for any damage caused by the distribution of that information,

14-7  unless he knowingly and willingly allows a person who intends to use the

14-8  information to further an unlawful act to copy the information.

14-9    Sec. 27.  NRS 293C.322 is hereby amended to read as follows:

14-10  293C.322  1.  [If] Except as otherwise provided in subsection 2, if the

14-11  request for an absent ballot is made by mail or [telegram,] facsimile

14-12  machine, the city clerk shall, as soon as the official absent ballot for the

14-13  precinct or district in which the applicant resides has been printed, send to

14-14  the voter by first-class mail if the absent voter is within the boundaries of

14-15  the United States, its territories or possessions or on a military base, or by

14-16  air mail if the absent voter is in a foreign country but not on a military

14-17  base : [, postage prepaid:]

14-18  (a) Except as otherwise provided in paragraph (b):

14-19     (1) An absent ballot;

14-20     (2) A return envelope;

14-21     (3) Supplies for marking the ballot;

14-22     (4) An envelope or similar device into which the ballot is inserted to

14-23  ensure its secrecy; and

14-24     (5) Instructions.

14-25  (b) In those cities using a mechanical voting system whereby a vote is

14-26  cast by punching a card:

14-27     (1) A card attached to a sheet of foam plastic or similar backing

14-28  material;

14-29     (2) A return envelope;

14-30     (3) A punching instrument;

14-31     (4) A sample ballot;

14-32     (5) An envelope or similar device into which the card is inserted to

14-33  ensure its secrecy; and

14-34     (6) Instructions.

14-35  2.  If the city clerk fails to send an absent ballot pursuant to

14-36  subsection 1 to a voter who resides within the continental United States,

14-37  the city clerk may use a facsimile machine to send an absent ballot and

14-38  instructions to the voter. The voter shall mail his absent ballot to the city

14-39  clerk.

14-40  3.  The return envelope sent pursuant to subsection 1 must include

14-41  postage prepaid by first-class mail if the absent voter is within the

14-42  boundaries of the United States, its territories or possessions or on a

14-43  military base.

14-44  [3.] 4. Nothing may be enclosed or sent with an absent ballot except

14-45  as required by subsection 1[.

14-46  4.] or 2.

14-47  5. Before depositing [the] a ballot with the United States Postal

14-48  Service[,] or sending a ballot by facsimile machine, the city clerk shall

14-49  record the date the ballot is issued, the name of the registered voter to

15-1  whom it is issued, his precinct or district, the number of the ballot and any

15-2  remarks he finds appropriate.

15-3    6.  The secretary of state shall adopt regulations to carry out the

15-4  provisions of subsection 2.

15-5    7.  As used in this section, “facsimile machine” means a device which

15-6  sends or receives a reproduction or facsimile of a document or

15-7  photograph which is transmitted electronically or telephonically by

15-8  telecommunications lines.

15-9    Sec. 28.  NRS 293C.325 is hereby amended to read as follows:

15-10  293C.325  1.  Except as otherwise provided in subsections 2 and 3,

15-11  when an absent ballot is returned by a registered voter to the city clerk

15-12  through the mails, and record thereof is made in the absent ballot record

15-13  book, the city clerk shall neatly stack, unopened, the absent ballot with

15-14  any other absent ballot received that day in a container and deliver, or

15-15  cause to be delivered, that [ballot] container to the precinct or district

15-16  election board.

15-17  2.  If the city clerk has appointed an absent ballot central counting

15-18  board, the city clerk shall, upon receipt of each absent voter’s ballot, make

15-19  a record of the return and check the signature on the return envelope

15-20  against the original signature of the voter on the county clerk’s register. If

15-21  the city clerk determines that the absent voter is entitled to cast his ballot,

15-22  he shall deposit the ballot in the proper ballot box. [On] At the end of each

15-23  day before election day, the city clerk may remove the ballots from each

15-24  ballot box and neatly stack the ballots in a container. Except as otherwise

15-25  provided in subsection 3, on election day the city clerk shall deliver the

15-26  ballot box and, if applicable, each container to the absent ballot counting

15-27  board to be counted.

15-28  3.  If the city uses a mechanical voting system, the city clerk shall,

15-29  upon receipt of each absent voter’s ballot, make a record of the return and

15-30  check the signature on the return envelope against the original signature of

15-31  the county clerk’s register. If the city clerk determines that the absent voter

15-32  is entitled to cast his ballot, he shall deposit the ballot in the proper ballot

15-33  box [. On] or place the ballot, unopened, in a container that must be

15-34  securely locked or under the control of the city clerk at all times. At the

15-35  end of each day before election day, the city clerk may remove the ballots

15-36  from each ballot box, neatly stack the ballots in a container and seal the

15-37  container with a numbered seal. Except as otherwise provided in this

15-38  subsection, on election day the city clerk shall deliver the ballot box and

15-39  each container, if applicable, to the central counting place. If the city uses

15-40  a mechanical voting system and the city clerk has appointed an absent

15-41  ballot central counting board, the city clerk may, not earlier than 4

15-42  working days before the election, deliver the ballots to the absent ballot

15-43  central counting board to be processed and prepared for tabulation

15-44  pursuant to the procedures established by the secretary of state.

15-45  Sec. 29.  NRS 293C.330 is hereby amended to read as follows:

15-46  293C.330  1.  [When] Except as otherwise provided in 293C.315 and

15-47  subsection 2 of NRS 293C.322 and any regulations adopted pursuant

15-48  thereto, when an absent voter receives his ballot, he must mark and fold it,

15-49  if it is a paper ballot, or punch it, if the ballot is voted by punching a card,

16-1  in accordance with the instructions, deposit it in the return envelope, seal

16-2  the envelope, affix his signature on the back of the envelope in the space

16-3  provided therefor and mail the return envelope.

16-4    2.  If the absent voter who has received a ballot by mail applies to vote

16-5  the ballot in person at:

16-6    (a) The city clerk’s office, he must mark or punch the ballot, seal it in

16-7  the return envelope and affix his signature in the same manner as provided

16-8  in subsection 1, and deliver the envelope to the city clerk.

16-9    (b) A polling place, he must surrender the absent ballot and provide

16-10  satisfactory identification before being issued a ballot to vote at the polling

16-11  place. A person who receives a surrendered absent ballot shall mark it

16-12  “Canceled.”

16-13  3.  Except as otherwise provided in NRS 293C.317, it is unlawful for

16-14  any person to return an absent ballot other than the voter who requested the

16-15  absent ballot or, at the request of the voter, a member of his family. A

16-16  person who returns an absent ballot and who is a member of the family of

16-17  the voter who requested the absent ballot shall, under penalty of perjury,

16-18  indicate on a form prescribed by the city clerk that he is a member of the

16-19  family of the voter who requested the absent ballot and that the voter

16-20  requested that he return the absent ballot. A person who violates the

16-21  provisions of this subsection is guilty of a category E felony and shall be

16-22  punished as provided in NRS 193.130.

16-23  Sec. 30.  NRS 293C.332 is hereby amended to read as follows:

16-24  293C.332  [1.] On the day of an election, the precinct or district

16-25  election boards receiving the absent voters’ ballots from the city clerk

16-26  shall, in the presence of a majority of the election board officers, remove

16-27  the ballots from the ballot box and the containers in which the ballots

16-28  were transported pursuant to NRS 293C.325 and deposit the ballots in the

16-29  regular ballot box in the following manner:

16-30  [(a)] 1.  The name of the voter, as shown on the return envelope, must

16-31  be called and checked as if the voter were voting in person; [and

16-32  (b)] 2. The signature on the back of the return envelope must be

16-33  compared with that on the original application to register to vote[.

16-34  2.] ;

16-35  3. If the board determines that the absent voter is entitled to cast his

16-36  ballot, the envelope must be opened, the numbers on the ballot and

16-37  envelope compared, the number strip or stub detached from the ballot and,

16-38  if the numbers are the same, the ballot deposited in the regular ballot box[.

16-39  3.] ; and

16-40  4. The election board officers shall mark in the pollbook opposite the

16-41  name of the voter the word “Voted.”

16-42  Sec. 31.  NRS 293C.3602 is hereby amended to read as follows:

16-43  293C.3602  If paper ballots or ballots which are voted by punching a

16-44  card are used during the period for early voting by personal appearance:

16-45  1.  [The] Each voting day during that period, the ballots voted at the

16-46  permanent or temporary polling place must be removed from the ballot

16-47  box, neatly stacked in a container that is sealed with a numbered seal

16-48  after the ballots are stacked inside. The sealed container must be

16-49  delivered by an election board officer to the city clerk’s office at the close

17-1  of each voting day. The seal on the [ballot box] container must indicate the

17-2  number of voted ballots contained in that [box] container for that day.

17-3    2.  When the [ballot box] container is delivered pursuant to subsection

17-4  1, the city clerk shall provide a new [ballot box] container that may be

17-5  sealed in the manner prescribed in NRS [293C.359.] 293C.700.

17-6    3.  At the close of [the fourth] each voting day , [before the last day to

17-7  vote early and at the close of each of the 3 days thereafter,] the city clerk

17-8  shall deliver all ballots voted to the ballot board for early voting. At the

17-9  close of the last voting day, the city clerk shall deliver to the ballot board

17-10  for early voting:

17-11  (a) Each remaining [ballot box containing] container that holds the

17-12  ballots voted early by personal appearance;

17-13  (b) A voting roster of all persons who voted early by personal

17-14  appearance; and

17-15  (c) Any list of registered voters used in conducting early voting.

17-16  4.  Upon the receipt of ballots, the board shall:

17-17  (a) Remove all ballots from the [ballot boxes] containers and sort the

17-18  ballots by precinct or voting district;

17-19  (b) Count the number of ballots by precinct or voting district;

17-20  (c) Account for all ballots on an official statement of ballots; and

17-21  (d) Place all official ballots in the container provided to transport those

17-22  items to a central counting place and seal the container with a numbered

17-23  seal. The official statement of ballots must accompany the voted ballots to

17-24  the central counting place.

17-25  5.  The city clerk shall allow members of the general public to observe

17-26  the handling of the ballots pursuant to [subsection] subsections 1 and 4 if

17-27  those members do not interfere with the handling of the ballots.

17-28  Sec. 32.  NRS 293C.3615 is hereby amended to read as follows:

17-29  293C.3615  The city clerk shall make a record of the receipt at the

17-30  central counting place of each sealed container used to transport official

17-31  ballots pursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and

17-32  293C.635. The record must include the numbers indicated on the container

17-33  and its seal pursuant to NRS [293.462.] 293C.700.

17-34  Sec. 33.  NRS 293C.362 is hereby amended to read as follows:

17-35  293C.362  When the polls are closed, the counting board shall prepare

17-36  to count the ballots voted . [that day.] The counting procedure must be

17-37  public and continue without adjournment until completed. If the ballots are

17-38  paper ballots or ballots that are voted by punching a card, the counting

17-39  board shall prepare in the following manner:

17-40  1.  The pollbooks must be compared and errors corrected until the

17-41  books agree.

17-42  2.  The container that holds the ballots, or the ballot box must be

17-43  opened and the ballots contained therein counted by the counting board and

17-44  opened far enough to determine whether each ballot is single. If two or

17-45  more ballots are found folded together to present the appearance of a single

17-46  ballot, they must be laid aside until the count of the ballots is completed. If,

17-47  on comparison of the count with the pollbook, a majority of the inspectors

17-48  are of the opinion that the ballots folded together were voted by one

17-49  person, the ballots must be rejected and placed in an envelope, upon which

18-1  must be written the reason for their rejection. The envelope must be signed

18-2  by the counting board officers and placed in the container or ballot box

18-3  after the count is completed.

18-4    3.  If the ballots in the container or box are found to exceed the

18-5  number of names on the pollbooks, the ballots must be replaced in the

18-6  container or box and a counting board officer shall, with his back turned to

18-7  the container or box, draw out a number of ballots equal to the excess. The

18-8  excess ballots must be marked on the back thereof with the words “Excess

18-9  ballots not counted.” The ballots when so marked must be immediately

18-10  sealed in an envelope and returned to the city clerk with the other ballots

18-11  rejected for any cause.

18-12  4.  When it has been determined that the pollbook and the number of

18-13  ballots agree with the number of names of registered voters shown to have

18-14  voted, the board shall proceed to count. If there is a discrepancy between

18-15  the number of ballots and the number of voters, a record of the discrepancy

18-16  must be made.

18-17  Sec. 34.  NRS 293C.367 is hereby amended to read as follows:

18-18  293C.367  1.  The basic factor to be considered by an election board

18-19  when making a determination of whether a particular ballot must be

18-20  rejected is whether any identifying mark appears on the ballot which, in the

18-21  opinion of the election board, constitutes an identifying mark such that

18-22  there is a reasonable belief entertained in good faith that the ballot has been

18-23  tampered with and, as a result of the tampering, the outcome of the election

18-24  would be affected.

18-25  2.  Regulations for counting ballots must include provisions that:

18-26  (a) [A vote on a paper ballot may not be counted unless indicated by a

18-27  cross in the appropriate square.

18-28  (b)] An error in marking one or more votes on a ballot does not

18-29  invalidate any votes properly marked on that ballot.

18-30  [(c) If more choices than allowed by the instructions are marked for any

18-31  office or question, the vote for that office or question may not be counted.

18-32  (d) If it is impossible to determine a voter’s choice for any office or

18-33  question, his vote or votes for that office or question may not be counted.

18-34  (e)] (b) A soiled or defaced ballot may not be rejected if it appears that

18-35  the soiling or defacing was inadvertent and was not done purposely to

18-36  identify the ballot.

18-37  [(f)] (c) Only devices provided for in this chapter, chapter 293 or 293B

18-38  of NRS may be used in marking ballots.

18-39  [(g)] (d) It is unlawful for any election board officer to place any mark

18-40  upon any ballot other than a spoiled ballot.

18-41  [(h)] (e) When an election board officer rejects a ballot for any alleged

18-42  defect or illegality, the officer shall seal the ballot in an envelope and write

18-43  upon the envelope a statement that it was rejected and the reason for

18-44  rejecting it. Each election board officer shall sign the envelope.

18-45  [(i)] (f) In cities where mechanical voting systems are used whereby a

18-46  vote is cast by punching a card, a superfluous punch into any card does not

18-47  constitute grounds for rejection of the ballot unless the election board

18-48  determines that the condition of the ballot justifies its exclusion pursuant to

18-49  subsection 1.

19-1    Sec. 35.  NRS 293C.382 is hereby amended to read as follows:

19-2    293C.382  1.  Beginning at 8 a.m. on the day before the day of an

19-3  election, the counting board, if it is responsible for counting absent ballots,

19-4  or the absent ballot central counting board shall withdraw the ballots

19-5  [deposited in the absent voters’ ballot boxes] from each ballot box or

19-6  container that holds absent ballots received before that day and determine

19-7  whether each box or container has the required number of ballots

19-8  according to the city clerk’s absent voters’ record.

19-9    2.  [Any absent ballots received by the city clerk after 8 a.m. on the day

19-10  that the ballots are withdrawn must be held by him until the ballots

19-11  received before that day have been withdrawn pursuant to subsection 1.

19-12  The clerk shall deposit those absent ballots in the appropriate ballot boxes.

19-13  3.] The counting board or absent ballot central counting board shall

19-14  count the number of ballots in the same manner as election boards.

19-15  Sec. 36.  NRS 293C.385 is hereby amended to read as follows:

19-16  293C.385  1.  After 8 a.m. on election day, the counting board, if it is

19-17  responsible for counting absent ballots, or the absent ballot central

19-18  counting board shall withdraw from the appropriate ballot boxes or

19-19  containers all the ballots received the previous day from [absent voters’

19-20  ballot boxes] and determine whether each box or container has the

19-21  required number of ballots according to the city clerk’s absent voters’

19-22  ballot record.

19-23  2.  If any absent ballots are received by the city clerk on election day

19-24  pursuant to NRS 293C.317, the city clerk shall [hold the ballots until the

19-25  ballots received before election day have been withdrawn pursuant to

19-26  subsection 1. Thereafter, the city clerk shall] deposit the absent ballots in

19-27  the appropriate ballot boxes [.] or containers.

19-28  3.  After 8 a.m. on election day, the appropriate board shall count in

19-29  public the votes cast on the absent ballots.

19-30  4.  If paper ballots are used, the results of the absent ballot vote in each

19-31  precinct must be certified and submitted to the city clerk, who shall have

19-32  the results added to the regular votes of the precinct. If a mechanical voting

19-33  system is used in which a voter casts his ballot by punching a card that is

19-34  counted by a computer, the absent ballots may be counted with the regular

19-35  votes of the precinct. The returns of absent ballots must be reported

19-36  separately from the regular votes of the precinct, unless reporting the

19-37  returns separately would violate the secrecy of a voter’s ballot. The city

19-38  clerks shall develop a procedure to ensure that each ballot is kept secret.

19-39  5.  Any person who disseminates to the public information relating to

19-40  the count of absent ballots before the polls close is guilty of a

19-41  misdemeanor.

19-42  Sec. 37.  NRS 293C.640 is hereby amended to read as follows:

19-43  293C.640  1.  To facilitate the processing and computation of votes

19-44  cast at an election conducted under a mechanical voting system, the city

19-45  clerk shall create a computer program and processing accuracy board, and

19-46  may create:

19-47  (a) A central ballot inspection board;

19-48  (b) An absent ballot mailing precinct inspection board;

19-49  (c) A ballot duplicating board;

20-1    (d) A ballot processing and packaging board; and

20-2    (e) Such additional boards or appoint such officers as he deems

20-3  necessary for the expeditious processing of ballots.

20-4    2.  [The] Except as otherwise provided in subsection 3, the city clerk

20-5  may determine the number of members to constitute any board. He shall

20-6  make any appointments from among competent persons who are registered

20-7  voters in this state. The same person may be appointed to more than one

20-8  board but must meet the qualifications for each board to which he is

20-9  appointed.

20-10  3.  If the city clerk creates a ballot duplicating board, the city clerk

20-11  shall appoint to the board at least two members. The members of the

20-12  ballot duplicating board must not all be of the same political party.

20-13  4.  All persons appointed pursuant to this section serve at the pleasure

20-14  of the city clerk.

20-15  Sec. 38.  NRS 293C.655 is hereby amended to read as follows:

20-16  293C.655  If ballots that are voted by punching a card are used, the

20-17  ballot duplicating board shall:

20-18  1.  Receive damaged ballots, including ballots that have been torn, bent

20-19  or mutilated.

20-20  2.  Receive cards with incompletely punched chips.

20-21  3.  Prepare on a distinctly colored, serially numbered ballot marked

20-22  “duplicate” an exact copy of each damaged ballot.

20-23  4.  In the case of a card with an incompletely punched chip:

20-24  (a) Remove the incompletely punched chip[;] if:

20-25     (1) The chip has at least one corner that is detached from the card;

20-26  or

20-27     (2) The fibers of paper on at least one edge of the chip are broken

20-28  in a way that permits unimpeded light to be seen through the card; or

20-29  (b) Duplicate the card without punching the location of the incompletely

20-30  punched chip[, according to the city clerk’s determination of the probable

20-31  intent of the voter.] if:

20-32     (1) The chip does not have at least one corner that is detached from

20-33  the card; and

20-34     (2) The fibers of paper on no edge of the chip are broken in a way

20-35  that permits unimpeded light to be seen through the card.

20-36  5.  Record the serial number of the duplicate ballot on the damaged

20-37  original ballot and return the damaged and duplicate ballots to the

20-38  appropriate ballot inspection board.

20-39  6.  Hold aside the duplicated ballots for counting after all other ballots

20-40  are counted if this procedure is directed by the city clerk.

20-41  Sec. 39.  NRS 293C.700 is hereby amended to read as follows:

20-42  293C.700  1.  Each container used to transport official ballots [to a

20-43  central counting place] pursuant to NRS 293C.295, 293C.325, 293C.3602,

20-44  293C.630 and 293C.635 must:

20-45  [1.] (a) Be constructed of metal or any other rigid material; and

20-46  [2.] (b) Contain a seal which is placed on the container to ensure

20-47  detection of any opening of the container.

 

 

21-1    2.  The container and seal must be separately numbered for

21-2  identification.

21-3    Sec. 40.  This act becomes effective upon passage and approval.

 

21-4  H