S.B. 565
Senate Bill No. 565–Committee on Government Affairs
(On Behalf of Office of the Secretary of State)
March 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to elections. (BDR 24‑608)
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; allowing certain members of the Armed Forces of the United States to vote through the use of the Internet; providing for a statewide system of voter registration; providing for one presidential elector to represent each congressional district of this state and two presidential electors to represent this state at large; revising various deadlines and procedures relating to petitions, ballots, elections, recounts and campaign practices; 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. A registered voter who is a member of the Armed Forces
1-4 of the United States residing outside of the continental United States may
1-5 vote in a primary or general election through the use of the Internet
1-6 pursuant to the program developed and administered by the secretary of
1-7 state pursuant to this section.
1-8 2. The secretary of state shall:
1-9 (a) Develop and administer a program to allow for voting through the
1-10 use of the Internet as provided in this section.
1-11 (b) Adopt regulations to carry out the provisions of this section.
1-12 Sec. 3. 1. The secretary of state shall establish and maintain a
1-13 statewide system to organize and manage the registration of voters and
1-14 information relating to the registration of voters.
1-15 2. Upon the request of the secretary of state, a county clerk shall
1-16 provide, in the form required by the secretary of state, all requested
1-17 information relating to voter registration in the county.
2-1 3. The secretary of state may adopt regulations to carry out the
2-2 provisions of this section.
2-3 Sec. 4. NRS 293.1277 is hereby amended to read as follows:
2-4 293.1277 1. If the secretary of state finds that the total number of
2-5 signatures submitted to all the county clerks is 100 percent or more of the
2-6 number of registered voters needed to declare the petition sufficient, he
2-7 shall immediately so notify the county clerks. Within 9 days, excluding
2-8 Saturdays, Sundays and holidays, after notification, each of the county
2-9 clerks shall determine the number of registered voters who have signed the
2-10 documents submitted in his county.
2-11 2. If more than 500 names have been signed on the documents
2-12 submitted to him, a county clerk [shall] may examine the signatures by
2-13 sampling them at random for verification. [The] If taken, the random
2-14 sample of signatures to be verified must be drawn in such a manner that
2-15 every signature which has been submitted to the county clerk is given an
2-16 equal opportunity to be included in the sample. The sample must include
2-17 an examination of at least 500 or 5 percent of the signatures, whichever is
2-18 greater.
2-19 3. In determining from the records of registration the number of
2-20 registered voters who signed the documents, the county clerk may use the
2-21 signatures contained in the file of applications to register to vote. If the
2-22 county clerk uses that file, he shall ensure that every application in the file
2-23 is examined, including any application in his possession which may not yet
2-24 be entered into his records. The county clerk shall rely only on the
2-25 appearance of the signature and the address and date included with each
2-26 signature in making his determination.
2-27 4. Except as otherwise provided in subsection 6, upon completing the
2-28 examination, the county clerk shall immediately attach to the documents a
2-29 certificate properly dated, showing the result of his examination and
2-30 transmit the documents with the certificate to the secretary of state. A copy
2-31 of this certificate must be filed in the clerk’s office.
2-32 5. A person who submits a petition to the county clerk which is
2-33 required to be verified pursuant to NRS 293.128, 293.165, 293.172,
2-34 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness
2-35 the verification of the signatures. A public officer who is the subject of a
2-36 recall petition must also be allowed to witness the verification of the
2-37 signatures on the petition.
2-38 6. For any petition containing signatures which are required to be
2-39 verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or
2-40 306.110 for any county, district or municipal office within one county, the
2-41 county clerk shall not transmit to the secretary of state the documents
2-42 containing the signatures of the registered voters.
2-43 7. The secretary of state may by regulation establish further procedures
2-44 for carrying out the provisions of this section.
2-45 Sec. 5. NRS 293.128 is hereby amended to read as follows:
2-46 293.128 1. To qualify as a major political party, any organization
2-47 must, under a common name:
3-1 (a) On January 1 preceding any primary election, have been designated
3-2 as a political party on the applications to register to vote of at least 10
3-3 percent of the total number of registered voters in this state; or
3-4 (b) File a petition with the secretary of state not later than the last Friday
3-5 in April before any primary election signed by a number of registered
3-6 voters equal to or more than 10 percent of the total number of votes cast at
3-7 the last preceding general election for the offices of Representative in
3-8 Congress.
3-9 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the
3-10 names of the voters need not all be on one document, but each document of
3-11 the petition must be verified by [at least one of its signers] the circulator of
3-12 the document to the effect that the signers are registered voters of this state
3-13 according to his best information and belief and that the signatures are
3-14 genuine and were signed in his presence. Each document of the petition
3-15 must bear the name of a county and only registered voters of that county
3-16 may sign the document. The documents which are circulated for signature
3-17 must then be submitted for verification pursuant to NRS 293.1276 to
3-18 293.1279, inclusive, not later than 25 working days before the last Friday
3-19 in April preceding a primary election.
3-20 3. In addition to the requirements set forth in subsection 1, each
3-21 organization which wishes to qualify as a political party must file with the
3-22 secretary of state a certificate of existence which includes the:
3-23 (a) Name of the political party;
3-24 (b) Names and addresses of its officers;
3-25 (c) Names of the members of its executive committee; and
3-26 (d) Name of the person who is authorized by the party to act as resident
3-27 agent in this state.
3-28 4. A political party shall file with the secretary of state an amended
3-29 certificate of existence within 5 days after any change in the information
3-30 contained in the certificate.
3-31 Sec. 6. NRS 293.1755 is hereby amended to read as follows:
3-32 293.1755 1. In addition to any other requirement provided by law, no
3-33 person may be a candidate for any office unless, for at least the 30 days
3-34 immediately preceding the date of the close of filing of declarations of
3-35 candidacy or acceptances of candidacy for the office which he seeks, he
3-36 has, in accordance with NRS 281.050, actually, as opposed to
3-37 constructively, resided in the state, district, county, township or other area
3-38 prescribed by law to which the office pertains and, if elected, over which
3-39 he will have jurisdiction or which he will represent.
3-40 2. Any person who knowingly and willfully files an acceptance of
3-41 candidacy or declaration of candidacy which contains a false statement in
3-42 this respect is guilty of a gross misdemeanor.
3-43 3. Any person convicted pursuant to the provisions of this section is
3-44 disqualified from entering upon the duties of the office for which he was a
3-45 candidate.
3-46 4. The provisions of this section do not apply to candidates for [the] :
3-47 (a) The office of district attorney[.] ; or
3-48 (b) A federal office.
4-1 Sec. 7. NRS 293.194 is hereby amended to read as follows:
4-2 293.194 1. Except as otherwise provided in subsection 2, the filing
4-3 fee paid by a candidate must not be returned to the candidate.
4-4 2. The filing fee of an independent candidate who files a petition
4-5 pursuant to NRS 293.200 or 298.109, of a candidate of a minor political
4-6 party or of a candidate of a new major political party, must be returned to
4-7 the candidate by the officer to whom the fee was paid within 10 days after
4-8 the date on which a final determination is made that the petition of the
4-9 candidate, minor political party or new major political party failed to
4-10 contain the required number of signatures.
4-11 Sec. 8. NRS 293.200 is hereby amended to read as follows:
4-12 293.200 1. An independent candidate for partisan office must file
4-13 with the appropriate filing officer:
4-14 (a) A copy of the petition of candidacy that he intends to circulate for
4-15 signatures. The copy must be filed not earlier than the January 2 preceding
4-16 the date of the election and not later than 25 working days before the last
4-17 day to file the petition pursuant to subsection 4. [The copy must also be
4-18 filed before the petition may be circulated.]
4-19 (b) Either of the following:
4-20 (1) A petition of candidacy signed by a number of registered voters
4-21 equal to at least 1 percent of the total number of ballots cast in:
4-22 (I) This state for that office at the last preceding general election in
4-23 which a person was elected to that office, if the office is a statewide office;
4-24 (II) The county for that office at the last preceding general election
4-25 in which a person was elected to that office, if the office is a county office;
4-26 or
4-27 (III) The district for that office at the last preceding general
4-28 election in which a person was elected to that office, if the office is a
4-29 district office.
4-30 (2) A petition of candidacy signed by 250 registered voters if the
4-31 candidate is a candidate for statewide office, or signed by 100 registered
4-32 voters if the candidate is a candidate for any office other than a statewide
4-33 office.
4-34 2. The petition may consist of more than one document. Each
4-35 document must bear the name of the county in which it was circulated and
4-36 only registered voters of that county may sign the document. If the office is
4-37 not a statewide office, only the registered voters of the county, district or
4-38 municipality in question may sign the document. The documents that are
4-39 circulated for signature in a county must be submitted to that county clerk
4-40 for verification in the manner prescribed in NRS 293.1276 to 293.1279,
4-41 inclusive, not later than 25 working days before the last day to file the
4-42 petition pursuant to subsection 4. Each person who signs the petition shall
4-43 add to his signature the address of the place at which he actually resides,
4-44 the date that he signs the petition and the name of the county where he is
4-45 registered to vote. The person who circulates each document of the petition
4-46 shall sign an affidavit attesting that the signatures on the document are
4-47 genuine to the best of his knowledge and belief and were signed in his
4-48 presence by persons registered to vote in that county.
5-1 3. The petition of candidacy may state the principle, if any, which the
5-2 person qualified represents.
5-3 4. Petitions of candidacy must be filed not earlier than the first
5-4 Monday in May preceding the general election and not later than 5 p.m. on
5-5 the third Monday in May.
5-6 5. No petition of candidacy may contain the name of more than one
5-7 candidate for each office to be filled.
5-8 6. A person may not file as an independent candidate if he is proposing
5-9 to run as the candidate of a political party.
5-10 7. The names of independent candidates must be placed on the general
5-11 election ballot and must not appear on the primary election ballot.
5-12 8. If the candidacy of any person seeking to qualify pursuant to this
5-13 section is challenged, all affidavits and documents in support of the
5-14 challenge must be filed not later than 5 p.m. on the fourth Monday in May.
5-15 Any judicial proceeding resulting from the challenge must be set for
5-16 hearing not more than 5 days after the fourth Monday in May.
5-17 9. Any challenge pursuant to subsection 8 must be filed with:
5-18 (a) The first judicial district court if the petition of candidacy was filed
5-19 with the secretary of state.
5-20 (b) The district court for the county where the petition of candidacy was
5-21 filed if the petition was filed with a county clerk.
5-22 10. An independent candidate for partisan office must file a
5-23 declaration of candidacy with the appropriate filing officer and pay the fee
5-24 required by NRS 293.193 not earlier than the first Monday in May of the
5-25 year in which the election is held nor later than 5 p.m. on the third Monday
5-26 in May.
5-27 Sec. 9. NRS 293.260 is hereby amended to read as follows:
5-28 293.260 1. Where there is no contest for nomination to a particular
5-29 office, neither the title of the office nor the name of the candidate may
5-30 appear on the ballot.
5-31 2. If more than one major political party has candidates for a particular
5-32 office, the persons who receive the highest number of votes at the primary
5-33 elections must be declared the nominees of those parties for the office[.]
5-34 and their names must be placed on the ballot for the general election.
5-35 3. If only one major political party has candidates for a particular
5-36 office and a minor political party has nominated a candidate for the office
5-37 or an independent candidate has filed for the office, the candidate who
5-38 receives the highest number of votes in the primary election of the major
5-39 political party must be declared the nominee of that party and his name
5-40 must be placed on the general election ballot with the name of the nominee
5-41 of the minor political party for the office and the name of the independent
5-42 candidate who has filed for the office.
5-43 4. If only one major political party has candidates for a particular
5-44 office , [and] no minor political party has nominated a candidate for the
5-45 office [or] and no independent candidate has filed for the office:
5-46 (a) If there are more candidates than twice the number to be elected to
5-47 the office, the names of the candidates must appear on the ballot for a
5-48 primary election. Except as otherwise provided in this paragraph, the
5-49 candidates of that party who receive the highest number of votes in the
6-1 primary election, not to exceed twice the number to be elected to that office
6-2 at the general election, must be declared the nominees for the office[.] and
6-3 their names must be placed on the ballot for the general election. If only
6-4 one candidate is to be elected to the office and a candidate receives a
6-5 majority of the votes in the primary election for that office, that candidate
6-6 must be declared the nominee for that office and his name must be placed
6-7 on the ballot for the general election.
6-8 (b) If there are no more than twice the number of candidates to be
6-9 elected to the office, the candidates must, without a primary election, be
6-10 declared the nominees for the office[.] and their names must be placed on
6-11 the ballot for the general election.
6-12 5. Where no more than the number of candidates to be elected have
6-13 filed for nomination for any office, the names of those candidates must be
6-14 omitted from all ballots for a primary election and placed on all ballots for
6-15 a general election.
6-16 6. If there are more candidates than twice the number to be elected to a
6-17 nonpartisan office, the names of the candidates must appear on the ballot
6-18 for a primary election. Those candidates who receive the highest number of
6-19 votes at that election, not to exceed twice the number to be elected, must be
6-20 declared nominees for the office[.] and their names must be placed on the
6-21 ballot for the general election.
6-22 Sec. 10. NRS 293.269 is hereby amended to read as follows:
6-23 293.269 1. Every ballot upon which appears the names of candidates
6-24 for any statewide office or federal office, or for President and Vice
6-25 President of the United States [shall] , must contain for each such office an
6-26 additional line equivalent to the lines on which the candidates’ names
6-27 appear and placed at the end of the group of lines containing the names of
6-28 the candidates for that office. Each additional line [shall] must contain a
6-29 square in which the voter may express his choice of that line in the same
6-30 manner as he would express his choice of a candidate, and the line [shall]
6-31 must read “None of these candidates.”
6-32 2. Only votes cast for the named candidates [shall] may be counted in
6-33 determining nomination or election to any statewide office or federal
6-34 office, or in determining presidential nominations or the selection of
6-35 presidential electors, but for each such office the number of ballots on
6-36 which the additional line was chosen [shall] must be listed following the
6-37 names of the candidates and the number of their votes in every posting,
6-38 abstract and proclamation of the results of the election.
6-39 3. Every sample ballot or other instruction to voters prescribed or
6-40 approved by the secretary of state [shall] must clearly explain that the voter
6-41 may mark his choice of the line “None of these candidates” only if he has
6-42 not voted for any candidate for the office.
6-43 Sec. 11. NRS 293.302 is hereby amended to read as follows:
6-44 293.302 If a candidate whose name appears on the ballot at a primary
6-45 or general election dies [within the periods set forth in NRS 293.368,]
6-46 before the day of the election, the county clerk shall post a notice of the
6-47 candidate’s death at each polling place where the candidate’s name will
6-48 appear on the ballot.
7-1 Sec. 12. NRS 293.3095 is hereby amended to read as follows:
7-2 293.3095 1. A person who, during the 6 months immediately
7-3 preceding an election, mails to more than a total of 500 registered voters a
7-4 form to request an absent ballot for the election shall:
7-5 (a) Mail the form prescribed by the secretary of state, which must, in
7-6 14-point type or larger:
7-7 (1) Identify the person who is mailing the form;
7-8 (2) Include a notice stating, “This is a request for an absent ballot.”;
7-9 and
7-10 (3) State that [by returning the form,] the registered voter must
7-11 return the form to the county clerk and that the person who mailed the
7-12 form [will be submitted] to the registered voter may not return the form to
7-13 the county clerk[;] on behalf of the registered voter;
7-14 (b) Not later than 14 days before mailing such a form, [notify] provide
7-15 written notification to the county clerk of each county to which a form will
7-16 be mailed of the number of forms to be mailed to voters in the county and
7-17 the date of the mailing of the forms; [and]
7-18 (c) Not return or offer to return to a county clerk a form that was
7-19 mailed to a registered voter pursuant to this subsection; and
7-20 (d) Not mail such a form later than 21 days before the election.
7-21 2. The provisions of this section do not authorize a person to vote by
7-22 absent ballot if he is not otherwise eligible to vote by absent ballot.
7-23 Sec. 13. NRS 293.315 is hereby amended to read as follows:
7-24 293.315 1. A registered voter referred to in NRS 293.313 may, at
7-25 any time before 5 p.m. on the [Tuesday] seventh working day preceding
7-26 any election, make an application to that clerk for an absent voter’s ballot.
7-27 The application must be made available for public inspection.
7-28 2. When the voter has identified himself to the satisfaction of the clerk,
7-29 he is entitled to receive the appropriate ballot or ballots, but only for his
7-30 own use.
7-31 3. A county clerk who allows a person to copy information from an
7-32 application for an absent ballot is immune from any civil or criminal
7-33 liability for any damage caused by the distribution of that information,
7-34 unless he knowingly and willingly allows a person who intends to use the
7-35 information to further an unlawful act to copy such information.
7-36 Sec. 14. NRS 293.384 is hereby amended to read as follows:
7-37 293.384 1. [Beginning at] At 8 a.m. on the fourth working day
7-38 before the day of an election and at 8 a.m. each day thereafter through
7-39 the day before the day of an election, the counting board, if it is responsible
7-40 for counting absent ballots, or the absent ballot central counting board shall
7-41 withdraw all the ballots [deposited] in the absent voters’ ballot boxes
7-42 [before that day] at that time and ascertain that each box has the required
7-43 number of ballots according to the county clerk’s absent voters’ record.
7-44 2. Any absent ballots received by the county clerk [after 8 a.m. on the]
7-45 on a day that the ballots are withdrawn must be held by him until the
7-46 ballots received before that day have been withdrawn pursuant to
7-47 subsection 1. [The] Thereafter, the clerk shall deposit those absent ballots
7-48 in the appropriate ballot boxes.
8-1 3. The counting board or absent ballot central counting board shall
8-2 count the number of ballots in the same manner as election boards.
8-3 Sec. 15. NRS 293.403 is hereby amended to read as follows:
8-4 293.403 1. A candidate defeated at any election may demand and
8-5 receive a recount of the vote for the office for which he is a candidate if
8-6 within 3 working days after the canvass of the vote and the certification by
8-7 the county clerk or city clerk of the abstract of votes:
8-8 (a) He files in writing his demand with the officer with whom he filed
8-9 his declaration of candidacy or acceptance of candidacy; and
8-10 (b) He deposits in advance the estimated costs of the recount with that
8-11 officer.
8-12 2. Any voter at an election may demand and receive a recount of the
8-13 vote for a ballot question if within 3 working days after the canvass of the
8-14 vote and the certification by the county clerk or city clerk of the abstract of
8-15 votes:
8-16 (a) He files in writing his demand with:
8-17 (1) The secretary of state, if the demand is for a recount of a ballot
8-18 question affecting more than one county; or
8-19 (2) The county or city clerk who will conduct the recount, if the
8-20 demand is for a recount of a ballot question affecting only one county or
8-21 city; and
8-22 (b) He deposits in advance the estimated costs of the recount with the
8-23 person to whom he made his demand.
8-24 3. The estimated costs of the recount must be determined by the person
8-25 with whom the advance is deposited based on regulations adopted by the
8-26 secretary of state defining the term “costs.”
8-27 4. As used in this section, “canvass” means:
8-28 (a) In any primary election, the canvass by the board of county
8-29 commissioners of the returns for a candidate or ballot question voted for in
8-30 one county or the canvass by the board of county commissioners last
8-31 completing its canvass of the returns for a candidate or ballot question
8-32 voted for in more than one county.
8-33 (b) In any primary city election, the canvass by the city council of the
8-34 returns for a candidate or ballot question voted for in the city.
8-35 (c) In any general election:
8-36 (1) The canvass by the supreme court of the returns for a candidate
8-37 for a statewide office or a statewide ballot question; or
8-38 (2) [The] Except as otherwise provided in subparagraph (1), the
8-39 canvass of the board of county commissioners [of] :
8-40 (I) Of the returns for [any other] a candidate or ballot question[, as
8-41 provided in paragraph (a).] voted for in one county; or
8-42 (II) That is the last to be completed of the returns for a candidate
8-43 or ballot question voted for in more than one county.
8-44 (d) In any general city election, the canvass by the city council of the
8-45 returns for a candidate or ballot question voted for in the city.
8-46 Sec. 16. NRS 293.405 is hereby amended to read as follows:
8-47 293.405 1. If the person who demanded the recount does not prevail,
8-48 and it is found that the sum deposited was less than the cost of the recount,
8-49 the person shall, upon demand, pay the deficiency to the county clerk, city
9-1 clerk or secretary of state, as the case may be. If the sum deposited is in
9-2 excess of the cost, the excess must be refunded to him.
9-3 2. If the person who demanded the recount prevails, the sum deposited
9-4 with the secretary of state, county clerk or city clerk must be refunded to
9-5 the person and the cost of the recount must be paid as follows:
9-6 (a) If the recount concerns an office or ballot question for which voting
9-7 is not statewide, the cost must be borne by the county or city which
9-8 conducted the recount.
9-9 (b) If the recount concerns an office or ballot question for which voting
9-10 is statewide, the clerk of each county shall submit a statement of its costs in
9-11 the recount to the secretary of state for review and approval. The secretary
9-12 of state shall submit the statements to the state board of examiners, which
9-13 shall repay the allowable costs from the reserve for statutory contingency
9-14 account to the respective counties.
9-15 3. Each recount must be commenced within 5 days after demand, and
9-16 must be completed within 5 days after it is begun. Sundays and holidays
9-17 must not be excluded in determining each 5-day period.
9-18 4. Upon completion of a recount:
9-19 (a) If the recount affected more than one county, the secretary of state
9-20 shall certify the results.
9-21 (b) Except as otherwise provided in paragraph (a), the county or city
9-22 clerk who conducted the recount shall certify the results.
9-23 5. After the recount of a precinct is completed, that precinct must not
9-24 be subject to another recount for the same office or ballot question at the
9-25 same election.
9-26 Sec. 17. NRS 293.440 is hereby amended to read as follows:
9-27 293.440 1. Any person who desires a copy of any list of the persons
9-28 who are registered to vote in any precinct, district or county may obtain a
9-29 copy by applying at the office of the county clerk and paying therefor a
9-30 sum of money equal to one cent per name on the list, except that one copy
9-31 of each original and supplemental list for each precinct, district or county
9-32 must be provided to the state and county central committee of any major
9-33 political party[,] or a minor political party, upon request, without charge.
9-34 2. Except as otherwise provided in NRS 293.558, the copy of the list
9-35 provided pursuant to this section must indicate the address, date of birth,
9-36 telephone number and the serial number on each application to register to
9-37 vote. If the county maintains this information in a computer database, the
9-38 date of the most recent addition or revision to an entry, if made on or after
9-39 July 1, 1989, must be included in the database and on any resulting list of
9-40 the information. The date must be expressed numerically in the order of
9-41 month, day and year.
9-42 3. A county may not pay more than 10 cents per folio or more than $6
9-43 per thousand copies for printed lists for a precinct or district.
9-44 4. A county which has a system of computers capable of recording
9-45 information on magnetic tape or diskette shall, upon request of the state or
9-46 county central committee of any major political party or a minor political
9-47 party which has filed a certificate of existence with the secretary of state,
9-48 record for that central committee or minor political party on magnetic tape
9-49 or diskette supplied by it:
10-1 (a) The list of persons who are registered to vote and the information
10-2 required in subsection 2; and
10-3 (b) Not more than four times per year, as requested by the committee:
10-4 (1) A complete list of the persons who are registered to vote with a
10-5 notation for the most recent entry of the date on which the entry or the
10-6 latest change in the information was made; or
10-7 (2) A list that includes additions and revisions made to the list of
10-8 persons who are registered to vote after a date specified by the central
10-9 committee.
10-10 5. If a political party does not provide its own magnetic tape or
10-11 diskette, or if a political party requests the list in any other form that does
10-12 not require printing, the county clerk may charge a fee to cover the actual
10-13 cost of providing the tape, diskette or list.
10-14 Sec. 18. NRS 293.507 is hereby amended to read as follows:
10-15 293.507 1. The secretary of state shall prescribe:
10-16 (a) A standard form for applications to register to vote; and
10-17 (b) A special form for registration to be used in a county where
10-18 registrations are performed and records of registration are kept by
10-19 computer.
10-20 2. The county clerks shall provide forms for applications to register to
10-21 vote to field registrars in the form and number prescribed by the secretary
10-22 of state.
10-23 3. A form for an application to register to vote must include a
10-24 [duplicate copy marked as the] receipt to be retained by the applicant upon
10-25 completion of the form.
10-26 4. The form for an application to register to vote must include:
10-27 (a) A line for use by the county clerk to enter the number:
10-28 (1) Indicated on the voter’s social security card, driver’s license or
10-29 identification card issued by the department of motor vehicles and public
10-30 safety, or any other identification card issued by an agency of this state or
10-31 the Federal Government that contains:
10-32 (I) A unique number; and
10-33 (II) A photograph or physical description of the voter; or
10-34 (2) Issued to the voter pursuant to subsection 5.
10-35 (b) A line on which to enter the address at which the voter actually
10-36 resides. The application must not be accepted if the address is listed as a
10-37 post office box unless a street address has not been assigned to his
10-38 residence.
10-39 (c) A notice that the voter may not list his address as a business unless
10-40 he actually resides there.
10-41 5. If a voter does not:
10-42 (a) Possess any of the identification set forth in subparagraph (1) of
10-43 paragraph (a) of subsection 4; or
10-44 (b) Wish to provide to the county clerk the number indicated on that
10-45 identification,
10-46 the county clerk shall issue [a unique] an identification number to the
10-47 voter.
10-48 6. The secretary of state shall adopt regulations to carry out the
10-49 provisions of subsections 4 and 5.
11-1 Sec. 19. NRS 293.565 is hereby amended to read as follows:
11-2 293.565 1. Except as otherwise provided in subsection 2, sample
11-3 ballots must include:
11-4 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
11-5 for each proposed constitutional amendment or statewide measure;
11-6 (b) An explanation, as provided pursuant to NRS 218.443, of each
11-7 proposed constitutional amendment or statewide measure, including
11-8 arguments for and against it; and
11-9 (c) The full text of each proposed constitutional amendment.
11-10 2. Sample ballots that are mailed to registered voters may be printed
11-11 without the full text of each proposed constitutional amendment if:
11-12 (a) The cost of printing the sample ballots would be significantly
11-13 reduced if the full text of each proposed constitutional amendment were
11-14 not included;
11-15 (b) The county clerk ensures that a sample ballot that includes the full
11-16 text of each proposed constitutional amendment is provided at no charge to
11-17 each registered voter who requests such a sample ballot; and
11-18 (c) The sample ballots provided to each polling place include the full
11-19 text of each proposed constitutional amendment.
11-20 3. [At] Except as otherwise provided in this subsection, at least 10
11-21 days before any election, the county clerk shall cause to be mailed to each
11-22 registered voter in the county a sample ballot for his precinct with a notice
11-23 informing the voter of the location of his polling place. If there is early
11-24 voting by personal appearance for the election, the sample ballot must be
11-25 mailed by the later of 10 days before the first day for early voting or the
11-26 earliest practicable date after all information necessary to prepare the
11-27 sample ballot is available. If the location of the polling place has changed
11-28 since the last election:
11-29 (a) The county clerk shall mail a notice of the change to each registered
11-30 voter in the county not sooner than 10 days before mailing the sample
11-31 ballots; or
11-32 (b) The sample ballot must also include a notice in at least 10-point bold
11-33 type immediately above the location which states:
11-34 NOTICE: THE LOCATION OF YOUR POLLING PLACE
11-35 HAS CHANGED SINCE THE LAST ELECTION
11-36 4. The county clerk shall include in each sample ballot for a primary
11-37 election, a separate page on which is printed a list of the offices and
11-38 candidates for those offices for which there is no opposition.
11-39 5. The cost of mailing sample ballots for any election other than a
11-40 primary or general election must be borne by the political subdivision
11-41 holding the election.
11-42 Sec. 20. NRS 293C.291 is hereby amended to read as follows:
11-43 293C.291 If a candidate whose name appears on the ballot at a
11-44 primary or general city election dies [within the periods set forth in NRS
11-45 293C.370,] before the day of the election, the city clerk shall post a notice
11-46 of the candidate’s death at each polling place where the candidate’s name
11-47 will appear on the ballot.
12-1 Sec. 21. NRS 293C.306 is hereby amended to read as follows:
12-2 293C.306 1. A person who, during the 6 months immediately
12-3 preceding an election, mails to more than a total of 500 registered voters a
12-4 form to request an absent ballot for the election shall:
12-5 (a) Mail the form prescribed by the secretary of state, which must, in
12-6 14-point type or larger:
12-7 (1) Identify the person who is mailing the form;
12-8 (2) Include a notice stating, “This is a request for an absent ballot.”;
12-9 and
12-10 (3) State that [by returning the form] the registered voter must return
12-11 the form to the city clerk and that the person who mailed the form [will
12-12 be submitted] to the registered voter may not return the form to the city
12-13 clerk[;] on behalf of the registered voter;
12-14 (b) Not later than 14 days before mailing such a form, [notify] provide
12-15 written notification to the city clerk of each city to which a form will be
12-16 mailed of the number of forms to be mailed to voters in the city and the
12-17 date of the mailing of the forms; [and]
12-18 (c) Not return or offer to return to a city clerk a form that was mailed
12-19 to a registered voter pursuant to this subsection; and
12-20 (d) Not mail such a form later than 21 days before the election.
12-21 2. The provisions of this section do not authorize a person to vote by
12-22 absent ballot if he is not otherwise eligible to vote by absent ballot.
12-23 Sec. 22. NRS 293C.312 is hereby amended to read as follows:
12-24 293C.312 1. A registered voter referred to in NRS 293C.310 may, at
12-25 any time before 5 p.m. on the [Tuesday] seventh working day preceding
12-26 any election, make an application to the city clerk for an absent voter’s
12-27 ballot. The application must be made available for public inspection.
12-28 2. When the voter has identified himself to the satisfaction of the city
12-29 clerk, he is entitled to receive the appropriate ballot or ballots, but only for
12-30 his own use.
12-31 3. A city clerk who allows a person to copy information from an
12-32 application for an absent ballot is immune from any civil or criminal
12-33 liability for any damage caused by the distribution of that information,
12-34 unless he knowingly and willingly allows a person who intends to use the
12-35 information to further an unlawful act to copy the information.
12-36 Sec. 23. NRS 293C.382 is hereby amended to read as follows:
12-37 293C.382 1. [Beginning at] At 8 a.m. on the fourth working day
12-38 before the day of an election and at 8 a.m. each day thereafter through
12-39 the day before the day of an election, the counting board, if it is responsible
12-40 for counting absent ballots, or the absent ballot central counting board shall
12-41 withdraw the ballots [deposited] in the absent voters’ ballot boxes [before
12-42 that day] at that time and determine whether each box has the required
12-43 number of ballots according to the city clerk’s absent voters’ record.
12-44 2. Any absent ballots received by the city clerk [after 8 a.m. on the] on
12-45 a day that the ballots are withdrawn must be held by him until the ballots
12-46 received before that day have been withdrawn pursuant to subsection 1.
12-47 [The] Thereafter, the clerk shall deposit those absent ballots in the
12-48 appropriate ballot boxes.
13-1 3. The counting board or absent ballot central counting board shall
13-2 count the number of ballots in the same manner as election boards.
13-3 Sec. 24. NRS 293C.530 is hereby amended to read as follows:
13-4 293C.530 1. [At] Except as otherwise provided in this subsection, at
13-5 least 10 days before an election, the city clerk shall cause to be mailed to
13-6 each registered voter in the city a sample ballot for his precinct with a
13-7 notice informing the voter of the location of his polling place. If there is
13-8 early voting by personal appearance for the election, the sample ballot
13-9 must be mailed by the later of 10 days before the first day for early voting
13-10 or the earliest practicable date after all information necessary to prepare
13-11 the sample ballot is available. If the location of the polling place has
13-12 changed since the last election:
13-13 (a) The city clerk shall mail a notice of the change to each registered
13-14 voter in the city not sooner than 10 days before mailing the sample ballots;
13-15 or
13-16 (b) The sample ballot must also include a notice in at least 10-point bold
13-17 type immediately above the location which states:
13-18 NOTICE: THE LOCATION OF YOUR POLLING PLACE
13-19 HAS CHANGED SINCE THE LAST ELECTION
13-20 2. The city clerk shall include in each sample ballot for a primary city
13-21 election, a separate page on which is printed a list of the offices and
13-22 candidates for those offices for which there is no opposition.
13-23 3. The cost of mailing sample ballots for a city election must be borne
13-24 by the city holding the election.
13-25 Sec. 25. Chapter 294A of NRS is hereby amended by adding thereto a
13-26 new section to read as follows:
13-27 “Question on the ballot” means an initiative, referendum or other
13-28 question that has qualified to appear on the ballot, including, without
13-29 limitation, a question for which the underlying petition qualified
13-30 pursuant to NRS 293.1276 to 293.1279, inclusive.
13-31 Sec. 26. NRS 294A.002 is hereby amended to read as follows:
13-32 294A.002 As used in this chapter, unless the context otherwise
13-33 requires, the words and terms defined in NRS 294A.004 to 294A.009,
13-34 inclusive, and section 25 of this act have the meanings ascribed to them in
13-35 those sections.
13-36 Sec. 27. NRS 294A.180 is hereby amended to read as follows:
13-37 294A.180 1. Each candidate for a state, district, county, city or
13-38 township office who is not elected to that office shall, not later than the
13-39 15th day of the second month after his defeat, file a report [with the
13-40 secretary of state] stating the amount of contributions which he received
13-41 for that campaign but did not spend and the disposition of those unspent
13-42 contributions.
13-43 2. Each public officer who is elected to a state, district, county, city or
13-44 township office shall file a report:
13-45 (a) Not later than the 15th day of the second month after his election,
13-46 stating the amount of campaign contributions which he received but did not
13-47 spend and the amount, if any, of those unspent contributions disposed of
14-1 pursuant to subsection 2 of NRS 294A.160 as of the last day of the first
14-2 month after his election;
14-3 (b) Not later than January 15th of each year of his term beginning the
14-4 year after he filed the report required by paragraph (a), stating the amount,
14-5 if any, of those unspent contributions disposed of pursuant to NRS
14-6 294A.160 during the period from the last date covered by his last report
14-7 through December 31 of the immediately preceding year and the manner in
14-8 which they were disposed of; and
14-9 (c) Not later than the 15th day of the second month after he no longer
14-10 holds that office, stating the amount and disposition of any remaining
14-11 unspent contributions.
14-12 3. The reports required by subsections 1 and 2 must be submitted on a
14-13 form designed and provided by the secretary of state and signed by the
14-14 candidate or public officer under penalty of perjury.
14-15 4. A candidate or public officer filing a report pursuant to subsection 1
14-16 or 2:
14-17 (a) Shall file the report with the officer with whom he filed his
14-18 declaration of candidacy or acceptance of candidacy.
14-19 (b) May file the report by certified mail. If certified mail is used, the
14-20 date of mailing shall be deemed the date of filing.
14-21 5. A county clerk who receives from a legislative or judicial officer,
14-22 other than a justice of the peace or municipal judge, a report pursuant to
14-23 subsection 4 shall file a copy of the report with the secretary of state within
14-24 10 working days after he receives the report.
14-25 Sec. 28. NRS 294A.420 is hereby amended to read as follows:
14-26 294A.420 1. If the secretary of state receives information that a
14-27 person or entity that is subject to the provisions of NRS 294A.120,
14-28 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,
14-29 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the
14-30 applicable provisions of those sections, the secretary of state may, after
14-31 giving notice to that person or entity, cause the appropriate proceedings to
14-32 be instituted in the first judicial district court.
14-33 2. Except as otherwise provided in this section, a person or entity that
14-34 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,
14-35 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,
14-36 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,
14-37 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000
14-38 for each violation and payment of court costs and attorney’s fees. The civil
14-39 penalty must be recovered in a civil action brought in the name of the State
14-40 of Nevada by the secretary of state in the first judicial district court and
14-41 deposited with the state treasurer for credit to the state general fund.
14-42 3. If a civil penalty is imposed because a person or entity has reported
14-43 its contributions, expenses or expenditures after the date the report is due,
14-44 the amount of the civil penalty is:
14-45 (a) If the report is [not] :
14-46 (1) Not more than 7 days late, $25 for each day the report is late[.
14-47 (b) If the report is more] ;
14-48 (2) More than 7 days late but not more than 15 days late, $50 for each
14-49 day the report is late[.
15-1 (c) If the report is more] ; or
15-2 (3) More than 15 days late, $100 for each day the report is late[.] ;
15-3 and
15-4 (b) Notwithstanding the provisions of paragraph (a), not to exceed
15-5 $100 for a person who:
15-6 (1) Was a candidate for an office the holder of which receives no
15-7 compensation;
15-8 (2) Received no contributions; and
15-9 (3) Incurred no campaign expenses and made no expenditures
15-10 except for the filing fee, if any, for the office for which he was a
15-11 candidate.
15-12 4. For good cause shown, the secretary of state may waive a civil
15-13 penalty that would otherwise be imposed pursuant to this section. If the
15-14 secretary of state waives a civil penalty pursuant to this subsection, the
15-15 secretary of state shall:
15-16 (a) Create a record which sets forth that the civil penalty has been
15-17 waived and describes the circumstances that constitute the good cause
15-18 shown; and
15-19 (b) Ensure that the record created pursuant to paragraph (a) is available
15-20 for review by the general public.
15-21 Sec. 29. NRS 295.055 is hereby amended to read as follows:
15-22 295.055 1. The secretary of state shall by regulation specify:
15-23 (a) The format for the signatures on a petition for an initiative or
15-24 referendum and make free specimens of the format available upon request.
15-25 Each signature must be dated.
15-26 (b) The manner of fastening together several sheets circulated by one
15-27 person to constitute a single document.
15-28 2. Each document of the petition must bear the name of a county, and
15-29 only registered voters of that county may sign the document.
15-30 3. A person who signs a petition may remove his name from it by
15-31 transmitting his request in writing to the county clerk at any time before the
15-32 petition is [filed with] submitted to the county clerk.
15-33 Sec. 30. NRS 295.115 is hereby amended to read as follows:
15-34 295.115 1. When an initiative or referendum petition has been finally
15-35 determined sufficient, the board shall promptly consider the proposed
15-36 initiative ordinance in the manner provided by law for the consideration of
15-37 ordinances generally or reconsider the referred ordinance by voting its
15-38 repeal. If , not later than 30 days after the date the petition was finally
15-39 determined sufficient, the board fails to adopt [a] the proposed initiative
15-40 ordinance without any change in substance [within 60 days] or fails to
15-41 repeal the referred ordinance [within 30 days after the date the petition was
15-42 finally determined sufficient, it] , the board shall submit the proposed or
15-43 referred ordinance to the registered voters of the county.
15-44 2. The vote of the county on [a] the proposed or referred ordinance
15-45 must be held at the next primary or general election. Copies of the
15-46 proposed or referred ordinance must be made available at the polls.
15-47 3. An initiative or referendum petition may be withdrawn at any time
15-48 before the 30th day preceding the day scheduled for a vote of the county or
15-49 the deadline for placing questions on the ballot, whichever is earlier, by
16-1 filing with the county clerk a request for withdrawal signed by at least four
16-2 members of the petitioners’ original committee. Upon the filing of that
16-3 request, the petition has no further effect and all proceedings thereon must
16-4 be terminated.
16-5 Sec. 31. NRS 295.150 is hereby amended to read as follows:
16-6 295.150 1. The names of the registered voters petitioning need not be
16-7 all upon one petition, but may be contained on one or more petitions; but
16-8 each petition [shall] must be verified by [at least one of the voters who has
16-9 signed such] the circulator of that petition.
16-10 2. The [voter] circulator, in making the verification , shall swear, on
16-11 information and belief, that the persons signing the petition are registered
16-12 voters of the county and state, and that such signatures are genuine and
16-13 were executed in his presence.
16-14 Sec. 32. NRS 295.210 is hereby amended to read as follows:
16-15 295.210 1. Within 20 days after the petition is filed, the city clerk
16-16 shall examine the signatures thereon, complete a certificate as to its
16-17 sufficiency, specifying, if it is insufficient, the particulars wherein it is
16-18 defective and shall promptly send a copy of the certificate to the
16-19 petitioners’ committee by registered or certified mail.
16-20 2. If more than 500 names are signed on the documents filed with him,
16-21 the city clerk [must] may examine the signatures by sampling them
16-22 randomly for verification. [The] If taken, the random sample of signatures
16-23 to be verified must be drawn in such a manner that every signature which
16-24 has been submitted to the city clerk is given an equal opportunity to be
16-25 included in the sample. The sample must include an examination of at least
16-26 500 signatures or 5 percent of the signatures, whichever is greater.
16-27 3. A petition must not be certified insufficient for lack of the required
16-28 number of valid signatures if, in the absence of other proof of
16-29 disqualification, any signature on the face thereof does not exactly
16-30 correspond with the signature appearing on the official register of voters
16-31 and the identity of the signer can be ascertained from the face of the
16-32 petition. A petition certified insufficient for lack of the required number of
16-33 valid signatures may be amended once if the petitioners’ committee files a
16-34 notice of intention to amend it with the city clerk within 2 days after
16-35 receiving the copy of his certificate and files a supplementary petition upon
16-36 additional papers within 10 days after receiving the copy of the certificate.
16-37 A supplementary petition must comply with the requirements of
16-38 subsections 5 and 6 of NRS 295.205, and within 5 days after it is filed the
16-39 city clerk shall complete a certificate as to the sufficiency of the petition as
16-40 amended and promptly send a copy of the certificate to the petitioners’
16-41 committee by registered or certified mail.
16-42 4. If a petition or amended petition is certified sufficient, or if a
16-43 petition or amended petition is certified insufficient and the petitioners’
16-44 committee does not elect to amend or request council review under
16-45 subsection 5 within the time required, the city clerk must promptly present
16-46 his certificate to the council and the certificate is a final determination as to
16-47 the sufficiency of the petition.
16-48 5. If a petition has been certified insufficient and the petitioners’
16-49 committee does not file notice of intention to amend it or if an amended
17-1 petition has been certified insufficient, the committee may, within 2 days
17-2 after receiving the copy of the certificate, file a request that it be reviewed
17-3 by the council. The council shall review the certificate at its next meeting
17-4 following the filing of the request and approve or disapprove it, and the
17-5 council’s determination is a final determination as to the sufficiency of the
17-6 petition.
17-7 6. A final determination as to the sufficiency of a petition is subject to
17-8 court review. A final determination of insufficiency, even if sustained upon
17-9 court review, does not prejudice the filing of a new petition for the same
17-10 purpose.
17-11 Sec. 33. NRS 295.215 is hereby amended to read as follows:
17-12 295.215 1. When an initiative or referendum petition has been finally
17-13 determined sufficient, the council shall promptly consider the proposed
17-14 initiative ordinance in the manner provided by law for the consideration of
17-15 ordinances generally or reconsider the referred ordinance by voting its
17-16 repeal. If , not later than 30 days after the date the petition was finally
17-17 determined sufficient, the council fails to adopt [a] the proposed initiative
17-18 ordinance without any change in substance [within 60 days] or fails to
17-19 repeal the referred ordinance [within 30 days after the date the petition was
17-20 finally determined sufficient, it] , the council shall submit the proposed or
17-21 referred ordinance to the registered voters of the city.
17-22 2. The vote of the city on [a] the proposed or referred ordinance must
17-23 be held at the next primary or general city election or primary or general
17-24 election. Copies of the proposed or referred ordinance must be made
17-25 available at the polls.
17-26 3. An initiative or referendum petition may be withdrawn at any time
17-27 before the 30th day preceding the day scheduled for a vote of the city or
17-28 the deadline for placing questions on the ballot, whichever is earlier, by
17-29 filing with the city clerk a request for withdrawal signed by at least four
17-30 members of the petitioners’ original committee. Upon the filing of that
17-31 request the petition has no further effect and all proceedings thereon must
17-32 be terminated.
17-33 Sec. 34. NRS 298.020 is hereby amended to read as follows:
17-34 298.020 1. Each major political party in this state, qualified by law to
17-35 place upon the general election ballot candidates for the office of President
17-36 and Vice President of the United States in the year when they are to be
17-37 elected, shall, at the state convention of the major political party held in
17-38 that year, choose from the qualified electors, who are legally registered
17-39 members of that political party, the number of presidential electors
17-40 required by law and no more, who must be nominated by the delegates at
17-41 the state convention. The major political party shall choose one resident
17-42 of each congressional district of this state to represent that congressional
17-43 district and two residents of this state to represent this state at large.
17-44 Upon the nomination thereof, the chairman and the secretary of the
17-45 convention shall certify the names and addresses of the nominees to the
17-46 secretary of state, who shall record the names in his office as the nominees
17-47 of that political party for presidential elector.
17-48 2. Each minor political party in this state, qualified by law to place
17-49 upon the general election ballot candidates for the office of President and
18-1 Vice President of the United States in the year when they are to be elected,
18-2 shall choose from the qualified electors, the number of presidential electors
18-3 required by law. The minor political party shall choose one resident of
18-4 each congressional district of this state to represent that congressional
18-5 district of this state and two residents of this state to represent this state at
18-6 large. The person who is authorized to file the list of candidates for
18-7 partisan office of the minor political party with the secretary of state
18-8 pursuant to NRS 293.1725 shall certify the names and addresses of the
18-9 nominees to the secretary of state, who shall record the names in his office
18-10 as the nominees of that political party for presidential elector.
18-11 Sec. 35. NRS 298.025 is hereby amended to read as follows:
18-12 298.025 1. Presidential electors are not nominated at the primary
18-13 election or placed upon the general election ballot . [, but the nominees of]
18-14 2. The residents of this state chosen to represent this state at large by
18-15 the applicable major or minor political party or independent candidate
18-16 on behalf of the presidential and vice presidential candidates who receive
18-17 the highest number of votes in this state as a whole at the general election
18-18 thereby become the official presidential electors[.] to represent this state
18-19 at large.
18-20 3. The resident of this state chosen to represent a congressional
18-21 district of this state by the applicable major or minor political party or
18-22 independent candidate on behalf of the presidential and vice presidential
18-23 candidates who receive the highest number of votes in that congressional
18-24 district at the general election thereby becomes the official presidential
18-25 elector to represent that congressional district.
18-26 4. The presidential electors shall perform the duties of such electors as
18-27 required by law and the Constitution of the United States.
18-28 Sec. 36. NRS 298.040 is hereby amended to read as follows:
18-29 298.040 1. In case of the death or absence of any presidential elector
18-30 chosen, or if the number of presidential electors shall from any cause be
18-31 deficient, the [national committeewoman, the national committeeman and
18-32 the state chairman of the party whose nominees for President and Vice
18-33 President received the greatest number of votes in the state at the next
18-34 preceding general election shall forthwith elect, from the qualified electors
18-35 of this state registered as affiliated with such prevailing party, as many
18-36 persons as will supply the deficiency. A majority of such three party
18-37 officials shall be sufficient to fill such vacancies.] applicable major or
18-38 minor political party or independent candidate shall choose presidential
18-39 electors as needed to replace each dead or absent presidential elector and
18-40 fill any deficiency in the number of presidential electors.
18-41 2. Each presidential elector chosen pursuant to this section by a
18-42 major or minor political party or independent candidate must have the
18-43 same qualifications as required of a presidential elector originally chosen
18-44 by the major or minor political party or independent candidate.
18-45 3. If a major or minor political party or independent candidate
18-46 chooses a presidential elector pursuant to this section, the major or
18-47 minor political party or independent candidate shall select the
18-48 presidential elector in a manner to ensure that, among all of the
18-49 presidential electors for the major or minor political party or independent
19-1 candidate, the major or minor political party or independent candidate
19-2 has chosen one resident of each congressional district of this state to
19-3 represent that congressional district and two residents of this state to
19-4 represent this state at large.
19-5 Sec. 37. NRS 298.050 is hereby amended to read as follows:
19-6 298.050 The presidential electors, when convened, shall each vote by
19-7 ballot for one person for President and one person for Vice President of the
19-8 United States, one of whom, at least, must not be an inhabitant of this state.
19-9 [The presidential electors shall vote only for the nominees for President
19-10 and Vice President of the party or the independent candidates that
19-11 prevailed in this state in the preceding general election.] A presidential
19-12 elector who represents:
19-13 1. A congressional district shall vote for the nominees for President
19-14 and Vice President who received the highest number of votes in that
19-15 congressional district.
19-16 2. This state at large shall vote for the nominees for President and
19-17 Vice President who received the highest number of votes in this state as a
19-18 whole.
19-19 Sec. 38. NRS 298.109 is hereby amended to read as follows:
19-20 298.109 1. A person who desires to be an independent candidate for
19-21 the office of President of the United States must, not later than 5 p.m. on
19-22 the second Friday in August in each year in which a presidential election is
19-23 to be held, pay a filing fee of $250 and file with the secretary of state a
19-24 declaration of candidacy and a petition of candidacy, in which he must also
19-25 designate his nominee for Vice President. The petition must be signed by a
19-26 number of registered voters equal to not less than 1 percent of the total
19-27 number of votes cast at the last preceding general election for candidates
19-28 for the offices of Representative in Congress and must request that the
19-29 names of the proposed candidates be placed on the ballot at the general
19-30 election that year. The candidate shall file a copy of the petition he intends
19-31 to circulate for signatures with the secretary of state.
19-32 2. The petition may consist of more than one document. Each
19-33 document must bear the name of a county and only registered voters of that
19-34 county may sign the document. The documents which are circulated for
19-35 signature in a county must be submitted to that county clerk for verification
19-36 in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later
19-37 than 25 working days before the last day to file the petition of candidacy
19-38 with the secretary of state pursuant to subsection 1. Each person signing
19-39 shall add to his signature the address of the place at which he resides, the
19-40 date that he signs and the name of the county wherein he is registered to
19-41 vote. Each document of the petition must also contain the affidavit of the
19-42 person who circulated the document that all signatures thereon are genuine
19-43 to the best of his knowledge and belief and were signed in his presence by
19-44 persons registered to vote in that county.
19-45 3. Each independent candidate so nominated for the office of President
19-46 shall at the time of filing his petition as provided in subsection 1, or within
19-47 10 days thereafter, file with the secretary of state his written designation of
19-48 the names of the number of presidential electors then authorized by law,
19-49 whom the independent candidate desires to act as his electors, all of whom
20-1 must then be registered voters. The independent candidate shall choose
20-2 one resident of each congressional district of this state to represent that
20-3 congressional district and two residents of this state to represent this state
20-4 at large. Immediately following receipt of each candidate’s written
20-5 designation of his nominees for electors, the secretary of state shall record
20-6 them in his office as the nominees for presidential electors of that
20-7 independent candidate.
20-8 4. If the candidacy of any person who seeks to qualify pursuant to this
20-9 section is challenged, all affidavits and documents in support of the
20-10 challenge must be filed with the first judicial district court not later than 5
20-11 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to
20-12 the challenge must be set for hearing not later than 5 days after the fourth
20-13 Tuesday in August.
20-14 5. The county clerk shall not disqualify the signature of a voter who
20-15 fails to provide all the information required by this section if the voter is
20-16 registered in the county named on the document.
20-17 Sec. 39. NRS 306.030 is hereby amended to read as follows:
20-18 306.030 1. The petition may consist of any number of copies which
20-19 are identical in form with the original, except for the name of the county
20-20 and the signatures and addresses of the residences of the signers. The pages
20-21 of the petition with the signatures and of any copy must be consecutively
20-22 numbered. Each page must bear the name of a county and only registered
20-23 voters of that county may sign the page.
20-24 2. Every copy must be verified by [at least one of the signers] the
20-25 circulator thereof, who shall swear or affirm, before a person authorized
20-26 by law to administer oaths, that the statements and signatures contained in
20-27 the petition are true to the best of his knowledge and belief. The
20-28 verification must also contain a statement of the number of signatures
20-29 being verified by the [signer.] circulator.
20-30 Sec. 40. NRS 306.040 is hereby amended to read as follows:
20-31 306.040 1. Upon determining that the number of signatures on a
20-32 petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,
20-33 inclusive, the secretary of state shall notify the county clerk, the officer
20-34 with whom the petition is to be filed pursuant to subsection 4 of NRS
20-35 306.015 and the public officer who is the subject of the petition.
20-36 2. After the verification of signatures is complete, but not later than the
20-37 date a complaint is filed pursuant to subsection 5 or the date the call for a
20-38 special election is issued, whichever is earlier, a person who signs a
20-39 petition to recall may request the secretary of state to strike his name from
20-40 the petition. [If] Upon receipt of the request from the person ,
20-41 [demonstrates good cause therefor,] the secretary of state shall strike his
20-42 name from the petition.
20-43 3. Not sooner than 10 days nor more than 20 days after the secretary of
20-44 state completes the notification required by subsection 1, if a complaint is
20-45 not filed pursuant to subsection 5, the officer with whom the petition is
20-46 filed shall issue a call for a special election in the jurisdiction in which the
20-47 public officer who is the subject of the petition was elected to determine
20-48 whether the people will recall him.
21-1 4. The call for a special election pursuant to subsection 3 or 6 must
21-2 include, without limitation:
21-3 (a) The last day on which a person may register to vote to qualify to
21-4 vote in the special election; and
21-5 (b) The last day on which a petition to nominate other candidates for the
21-6 office may be filed.
21-7 5. The legal sufficiency of the petition may be challenged by filing a
21-8 complaint in district court not later than 5 days, Saturdays, Sundays and
21-9 holidays excluded, after the secretary of state completes the notification
21-10 required by subsection 1. All affidavits and documents in support of the
21-11 challenge must be filed with the complaint. The court shall set the matter
21-12 for hearing not later than 30 days after the complaint is filed and shall give
21-13 priority to such a complaint over all other matters pending with the court,
21-14 except for criminal proceedings.
21-15 6. Upon the conclusion of the hearing, if the court determines that the
21-16 petition is sufficient, it shall order the officer with whom the petition is
21-17 filed to issue a call for a special election in the jurisdiction in which the
21-18 public officer who is the subject of the petition was elected to determine
21-19 whether the people will recall him. If the court determines that the petition
21-20 is not sufficient, it shall order the officer with whom the petition is filed to
21-21 cease any further proceedings regarding the petition.
21-22 H