(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT 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; providing for a statewide system of voter registration; 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 a
1-2 new section to read as follows:
1-3 1. The secretary of state shall establish and maintain a statewide
1-4 system to organize and manage the registration of voters and information
1-5 relating to the registration of voters.
1-6 2. Upon the request of the secretary of state, a county clerk shall
1-7 provide, in the form required by the secretary of state, all requested
1-8 information relating to voter registration in the county.
1-9 3. Notwithstanding the provisions of chapter 239 of NRS, the
1-10 secretary of state may not sell or otherwise distribute a copy of any list of
1-11 the persons who are registered to vote in this state or a precinct, district
1-12 or county of this state. Nothing in this subsection prevents a person from
1-13 obtaining a copy of a list of the persons who are registered to vote in a
1-14 precinct, district or county pursuant to NRS 293.440.
1-15 4. The secretary of state may adopt regulations to carry out the
1-16 provisions of this section.
1-17 Sec. 2. NRS 293.128 is hereby amended to read as follows:
1-18 293.128 1. To qualify as a major political party, any organization
1-19 must, under a common name:
2-1 (a) On January 1 preceding any primary election, have been designated
2-2 as a political party on the applications to register to vote of at least 10
2-3 percent of the total number of registered voters in this state; or
2-4 (b) File a petition with the secretary of state not later than the last Friday
2-5 in April before any primary election signed by a number of registered
2-6 voters equal to or more than 10 percent of the total number of votes cast at
2-7 the last preceding general election for the offices of Representative in
2-8 Congress.
2-9 2. If a petition is filed pursuant to paragraph (b) of subsection 1, the
2-10 names of the voters need not all be on one document, but each document of
2-11 the petition must be verified by [at least one of its signers] the circulator of
2-12 the document to the effect that the signers are registered voters of this state
2-13 according to his best information and belief and that the signatures are
2-14 genuine and were signed in his presence. Each document of the petition
2-15 must bear the name of a county and only registered voters of that county
2-16 may sign the document. The documents which are circulated for signature
2-17 must then be submitted for verification pursuant to NRS 293.1276 to
2-18 293.1279, inclusive, not later than 25 working days before the last Friday
2-19 in April preceding a primary election.
2-20 3. In addition to the requirements set forth in subsection 1, each
2-21 organization which wishes to qualify as a political party must file with the
2-22 secretary of state a certificate of existence which includes the:
2-23 (a) Name of the political party;
2-24 (b) Names and addresses of its officers;
2-25 (c) Names of the members of its executive committee; and
2-26 (d) Name of the person who is authorized by the party to act as resident
2-27 agent in this state.
2-28 4. A political party shall file with the secretary of state an amended
2-29 certificate of existence within 5 days after any change in the information
2-30 contained in the certificate.
2-31 Sec. 3. NRS 293.1755 is hereby amended to read as follows:
2-32 293.1755 1. In addition to any other requirement provided by law, no
2-33 person may be a candidate for any office unless, for at least the 30 days
2-34 immediately preceding the date of the close of filing of declarations of
2-35 candidacy or acceptances of candidacy for the office which he seeks, he
2-36 has, in accordance with NRS 281.050, actually, as opposed to
2-37 constructively, resided in the state, district, county, township or other area
2-38 prescribed by law to which the office pertains and, if elected, over which
2-39 he will have jurisdiction or which he will represent.
2-40 2. Any person who knowingly and willfully files an acceptance of
2-41 candidacy or declaration of candidacy which contains a false statement in
2-42 this respect is guilty of a gross misdemeanor.
2-43 3. Any person convicted pursuant to the provisions of this section is
2-44 disqualified from entering upon the duties of the office for which he was a
2-45 candidate.
2-46 4. The provisions of this section do not apply to candidates for [the] :
2-47 (a) The office of district attorney[.] ; or
2-48 (b) A federal office.
3-1 Sec. 4. NRS 293.194 is hereby amended to read as follows:
3-2 293.194 1. Except as otherwise provided in subsection 2, the filing
3-3 fee paid by a candidate must not be returned to the candidate.
3-4 2. The filing fee of an independent candidate who files a petition
3-5 pursuant to NRS 293.200 or 298.109, of a candidate of a minor political
3-6 party or of a candidate of a new major political party, must be returned to
3-7 the candidate by the officer to whom the fee was paid within 10 days after
3-8 the date on which a final determination is made that the petition of the
3-9 candidate, minor political party or new major political party failed to
3-10 contain the required number of signatures.
3-11 Sec. 5. NRS 293.200 is hereby amended to read as follows:
3-12 293.200 1. An independent candidate for partisan office must file
3-13 with the appropriate filing officer:
3-14 (a) A copy of the petition of candidacy that he intends to circulate for
3-15 signatures. The copy must be filed not earlier than the January 2 preceding
3-16 the date of the election and not later than 25 working days before the last
3-17 day to file the petition pursuant to subsection 4. [The copy must also be
3-18 filed before the petition may be circulated.]
3-19 (b) Either of the following:
3-20 (1) A petition of candidacy signed by a number of registered voters
3-21 equal to at least 1 percent of the total number of ballots cast in:
3-22 (I) This state for that office at the last preceding general election in
3-23 which a person was elected to that office, if the office is a statewide office;
3-24 (II) The county for that office at the last preceding general election
3-25 in which a person was elected to that office, if the office is a county office;
3-26 or
3-27 (III) The district for that office at the last preceding general
3-28 election in which a person was elected to that office, if the office is a
3-29 district office.
3-30 (2) A petition of candidacy signed by 250 registered voters if the
3-31 candidate is a candidate for statewide office, or signed by 100 registered
3-32 voters if the candidate is a candidate for any office other than a statewide
3-33 office.
3-34 2. The petition may consist of more than one document. Each
3-35 document must bear the name of the county in which it was circulated and
3-36 only registered voters of that county may sign the document. If the office is
3-37 not a statewide office, only the registered voters of the county, district or
3-38 municipality in question may sign the document. The documents that are
3-39 circulated for signature in a county must be submitted to that county clerk
3-40 for verification in the manner prescribed in NRS 293.1276 to 293.1279,
3-41 inclusive, not later than 25 working days before the last day to file the
3-42 petition pursuant to subsection 4. Each person who signs the petition shall
3-43 add to his signature the address of the place at which he actually resides,
3-44 the date that he signs the petition and the name of the county where he is
3-45 registered to vote. The person who circulates each document of the petition
3-46 shall sign an affidavit attesting that the signatures on the document are
3-47 genuine to the best of his knowledge and belief and were signed in his
3-48 presence by persons registered to vote in that county.
4-1 3. The petition of candidacy may state the principle, if any, which the
4-2 person qualified represents.
4-3 4. Petitions of candidacy must be filed not earlier than the first
4-4 Monday in May preceding the general election and not later than 5 p.m. on
4-5 the third Monday in May.
4-6 5. No petition of candidacy may contain the name of more than one
4-7 candidate for each office to be filled.
4-8 6. A person may not file as an independent candidate if he is proposing
4-9 to run as the candidate of a political party.
4-10 7. The names of independent candidates must be placed on the general
4-11 election ballot and must not appear on the primary election ballot.
4-12 8. If the candidacy of any person seeking to qualify pursuant to this
4-13 section is challenged, all affidavits and documents in support of the
4-14 challenge must be filed not later than 5 p.m. on the fourth Monday in May.
4-15 Any judicial proceeding resulting from the challenge must be set for
4-16 hearing not more than 5 days after the fourth Monday in May.
4-17 9. Any challenge pursuant to subsection 8 must be filed with:
4-18 (a) The first judicial district court if the petition of candidacy was filed
4-19 with the secretary of state.
4-20 (b) The district court for the county where the petition of candidacy was
4-21 filed if the petition was filed with a county clerk.
4-22 10. An independent candidate for partisan office must file a
4-23 declaration of candidacy with the appropriate filing officer and pay the fee
4-24 required by NRS 293.193 not earlier than the first Monday in May of the
4-25 year in which the election is held nor later than 5 p.m. on the third Monday
4-26 in May.
4-27 Sec. 6. NRS 293.260 is hereby amended to read as follows:
4-28 293.260 1. Where there is no contest for nomination to a particular
4-29 office, neither the title of the office nor the name of the candidate may
4-30 appear on the ballot.
4-31 2. If more than one major political party has candidates for a particular
4-32 office, the persons who receive the highest number of votes at the primary
4-33 elections must be declared the nominees of those parties for the office[.]
4-34 and their names must be placed on the ballot for the general election.
4-35 3. If only one major political party has candidates for a particular
4-36 office and a minor political party has nominated a candidate for the office
4-37 or an independent candidate has filed for the office, the candidate who
4-38 receives the highest number of votes in the primary election of the major
4-39 political party must be declared the nominee of that party and his name
4-40 must be placed on the general election ballot with the name of the nominee
4-41 of the minor political party for the office and the name of the independent
4-42 candidate who has filed for the office.
4-43 4. If only one major political party has candidates for a particular
4-44 office , [and] no minor political party has nominated a candidate for the
4-45 office [or] and no independent candidate has filed for the office:
4-46 (a) If there are more candidates than twice the number to be elected to
4-47 the office, the names of the candidates must appear on the ballot for a
4-48 primary election. Except as otherwise provided in this paragraph, the
4-49 candidates of that party who receive the highest number of votes in the
5-1 primary election, not to exceed twice the number to be elected to that office
5-2 at the general election, must be declared the nominees for the office[.] and
5-3 their names must be placed on the ballot for the general election. If only
5-4 one candidate is to be elected to the office and a candidate receives a
5-5 majority of the votes in the primary election for that office, that candidate
5-6 must be declared the nominee for that office and his name must be placed
5-7 on the ballot for the general election.
5-8 (b) If there are no more than twice the number of candidates to be
5-9 elected to the office, the candidates must, without a primary election, be
5-10 declared the nominees for the office[.] and their names must be placed on
5-11 the ballot for the general election.
5-12 5. Where no more than the number of candidates to be elected have
5-13 filed for nomination for any office, the names of those candidates must be
5-14 omitted from all ballots for a primary election and placed on all ballots for
5-15 a general election.
5-16 6. If there are more candidates than twice the number to be elected to a
5-17 nonpartisan office, the names of the candidates must appear on the ballot
5-18 for a primary election. Those candidates who receive the highest number of
5-19 votes at that election, not to exceed twice the number to be elected, must be
5-20 declared nominees for the office[.] and their names must be placed on the
5-21 ballot for the general election.
5-22 Sec. 7. NRS 293.269 is hereby amended to read as follows:
5-23 293.269 1. Every ballot upon which appears the names of candidates
5-24 for any statewide office or federal office, or for President and Vice
5-25 President of the United States [shall] , must contain for each such office an
5-26 additional line equivalent to the lines on which the candidates’ names
5-27 appear and placed at the end of the group of lines containing the names of
5-28 the candidates for that office. Each additional line [shall] must contain a
5-29 square in which the voter may express his choice of that line in the same
5-30 manner as he would express his choice of a candidate, and the line [shall]
5-31 must read “None of these candidates.”
5-32 2. Only votes cast for the named candidates [shall] may be counted in
5-33 determining nomination or election to any statewide office or federal
5-34 office, or in determining presidential nominations or the selection of
5-35 presidential electors, but for each such office the number of ballots on
5-36 which the additional line was chosen [shall] must be listed following the
5-37 names of the candidates and the number of their votes in every posting,
5-38 abstract and proclamation of the results of the election.
5-39 3. Every sample ballot or other instruction to voters prescribed or
5-40 approved by the secretary of state [shall] must clearly explain that the voter
5-41 may mark his choice of the line “None of these candidates” only if he has
5-42 not voted for any candidate for the office.
5-43 Sec. 8. NRS 293.302 is hereby amended to read as follows:
5-44 293.302 If a candidate whose name appears on the ballot at a primary
5-45 or general election dies [within the periods set forth in NRS 293.368,]
5-46 before the day of the election, the county clerk shall post a notice of the
5-47 candidate’s death at each polling place where the candidate’s name will
5-48 appear on the ballot.
6-1 Sec. 9. NRS 293.403 is hereby amended to read as follows:
6-2 293.403 1. A candidate defeated at any election may demand and
6-3 receive a recount of the vote for the office for which he is a candidate if
6-4 within 3 working days after the canvass of the vote and the certification by
6-5 the county clerk or city clerk of the abstract of votes:
6-6 (a) He files in writing his demand with the officer with whom he filed
6-7 his declaration of candidacy or acceptance of candidacy; and
6-8 (b) He deposits in advance the estimated costs of the recount with that
6-9 officer.
6-10 2. Any voter at an election may demand and receive a recount of the
6-11 vote for a ballot question if within 3 working days after the canvass of the
6-12 vote and the certification by the county clerk or city clerk of the abstract of
6-13 votes:
6-14 (a) He files in writing his demand with:
6-15 (1) The secretary of state, if the demand is for a recount of a ballot
6-16 question affecting more than one county; or
6-17 (2) The county or city clerk who will conduct the recount, if the
6-18 demand is for a recount of a ballot question affecting only one county or
6-19 city; and
6-20 (b) He deposits in advance the estimated costs of the recount with the
6-21 person to whom he made his demand.
6-22 3. The estimated costs of the recount must be determined by the person
6-23 with whom the advance is deposited based on regulations adopted by the
6-24 secretary of state defining the term “costs.”
6-25 4. As used in this section, “canvass” means:
6-26 (a) In any primary election, the canvass by the board of county
6-27 commissioners of the returns for a candidate or ballot question voted for in
6-28 one county or the canvass by the board of county commissioners last
6-29 completing its canvass of the returns for a candidate or ballot question
6-30 voted for in more than one county.
6-31 (b) In any primary city election, the canvass by the city council of the
6-32 returns for a candidate or ballot question voted for in the city.
6-33 (c) In any general election:
6-34 (1) The canvass by the supreme court of the returns for a candidate
6-35 for a statewide office or a statewide ballot question; or
6-36 (2) [The] Except as otherwise provided in subparagraph (1), the
6-37 canvass of the board of county commissioners [of] :
6-38 (I) Of the returns for [any other] a candidate or ballot question[, as
6-39 provided in paragraph (a).] voted for in one county; or
6-40 (II) That is the last to be completed of the returns for a candidate
6-41 or ballot question voted for in more than one county.
6-42 (d) In any general city election, the canvass by the city council of the
6-43 returns for a candidate or ballot question voted for in the city.
6-44 Sec. 10. NRS 293.405 is hereby amended to read as follows:
6-45 293.405 1. If the person who demanded the recount does not prevail,
6-46 and it is found that the sum deposited was less than the cost of the recount,
6-47 the person shall, upon demand, pay the deficiency to the county clerk, city
6-48 clerk or secretary of state, as the case may be. If the sum deposited is in
6-49 excess of the cost, the excess must be refunded to him.
7-1 2. If the person who demanded the recount prevails, the sum deposited
7-2 with the secretary of state, county clerk or city clerk must be refunded to
7-3 the person and the cost of the recount must be paid as follows:
7-4 (a) If the recount concerns an office or ballot question for which voting
7-5 is not statewide, the cost must be borne by the county or city which
7-6 conducted the recount.
7-7 (b) If the recount concerns an office or ballot question for which voting
7-8 is statewide, the clerk of each county shall submit a statement of its costs in
7-9 the recount to the secretary of state for review and approval. The secretary
7-10 of state shall submit the statements to the state board of examiners, which
7-11 shall repay the allowable costs from the reserve for statutory contingency
7-12 account to the respective counties.
7-13 3. Each recount must be commenced within 5 days after demand, and
7-14 must be completed within 5 days after it is begun. Sundays and holidays
7-15 must not be excluded in determining each 5-day period.
7-16 4. Upon completion of a recount:
7-17 (a) If the recount affected more than one county, the secretary of state
7-18 shall certify the results.
7-19 (b) Except as otherwise provided in paragraph (a), the county or city
7-20 clerk who conducted the recount shall certify the results.
7-21 5. After the recount of a precinct is completed, that precinct must not
7-22 be subject to another recount for the same office or ballot question at the
7-23 same election.
7-24 Sec. 11. NRS 293.440 is hereby amended to read as follows:
7-25 293.440 1. Any person who desires a copy of any list of the persons
7-26 who are registered to vote in any precinct, district or county may obtain a
7-27 copy by applying at the office of the county clerk and paying therefor a
7-28 sum of money equal to one cent per name on the list, except that one copy
7-29 of each original and supplemental list for each precinct, district or county
7-30 must be provided to the state and county central committee of any major
7-31 political party[,] or a minor political party, upon request, without charge.
7-32 2. Except as otherwise provided in NRS 293.558, the copy of the list
7-33 provided pursuant to this section must indicate the address, date of birth,
7-34 telephone number and the serial number on each application to register to
7-35 vote. If the county maintains this information in a computer database, the
7-36 date of the most recent addition or revision to an entry, if made on or after
7-37 July 1, 1989, must be included in the database and on any resulting list of
7-38 the information. The date must be expressed numerically in the order of
7-39 month, day and year.
7-40 3. A county may not pay more than 10 cents per folio or more than $6
7-41 per thousand copies for printed lists for a precinct or district.
7-42 4. A county which has a system of computers capable of recording
7-43 information on magnetic tape or diskette shall, upon request of the state or
7-44 county central committee of any major political party or a minor political
7-45 party which has filed a certificate of existence with the secretary of state,
7-46 record for that central committee or minor political party on magnetic tape
7-47 or diskette supplied by it:
7-48 (a) The list of persons who are registered to vote and the information
7-49 required in subsection 2; and
8-1 (b) Not more than four times per year, as requested by the committee:
8-2 (1) A complete list of the persons who are registered to vote with a
8-3 notation for the most recent entry of the date on which the entry or the
8-4 latest change in the information was made; or
8-5 (2) A list that includes additions and revisions made to the list of
8-6 persons who are registered to vote after a date specified by the central
8-7 committee.
8-8 5. If a political party does not provide its own magnetic tape or
8-9 diskette, or if a political party requests the list in any other form that does
8-10 not require printing, the county clerk may charge a fee to cover the actual
8-11 cost of providing the tape, diskette or list.
8-12 Sec. 12. NRS 293.565 is hereby amended to read as follows:
8-13 293.565 1. Except as otherwise provided in subsection 2, sample
8-14 ballots must include:
8-15 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
8-16 for each proposed constitutional amendment or statewide measure;
8-17 (b) An explanation, as provided pursuant to NRS 218.443, of each
8-18 proposed constitutional amendment or statewide measure, including
8-19 arguments for and against it; and
8-20 (c) The full text of each proposed constitutional amendment.
8-21 2. Sample ballots that are mailed to registered voters may be printed
8-22 without the full text of each proposed constitutional amendment if:
8-23 (a) The cost of printing the sample ballots would be significantly
8-24 reduced if the full text of each proposed constitutional amendment were
8-25 not included;
8-26 (b) The county clerk ensures that a sample ballot that includes the full
8-27 text of each proposed constitutional amendment is provided at no charge to
8-28 each registered voter who requests such a sample ballot; and
8-29 (c) The sample ballots provided to each polling place include the full
8-30 text of each proposed constitutional amendment.
8-31 3. [At] Except as otherwise provided in this subsection, at least 10
8-32 days before any election, the county clerk shall cause to be mailed to each
8-33 registered voter in the county a sample ballot for his precinct with a notice
8-34 informing the voter of the location of his polling place. If there is early
8-35 voting by personal appearance for the election, the sample ballot must be
8-36 mailed by the later of 10 days before the first day for early voting or the
8-37 earliest practicable date after all information necessary to prepare the
8-38 sample ballot is available. If the location of the polling place has changed
8-39 since the last election:
8-40 (a) The county clerk shall mail a notice of the change to each registered
8-41 voter in the county not sooner than 10 days before mailing the sample
8-42 ballots; or
8-43 (b) The sample ballot must also include a notice in at least 10-point bold
8-44 type immediately above the location which states:
9-1 NOTICE: THE LOCATION OF YOUR POLLING PLACE
9-2 HAS CHANGED SINCE THE LAST ELECTION
9-3 4. The county clerk shall include in each sample ballot for a primary
9-4 election, a separate page on which is printed a list of the offices and
9-5 candidates for those offices for which there is no opposition.
9-6 5. The cost of mailing sample ballots for any election other than a
9-7 primary or general election must be borne by the political subdivision
9-8 holding the election.
9-9 Sec. 13. NRS 293C.291 is hereby amended to read as follows:
9-10 293C.291 If a candidate whose name appears on the ballot at a
9-11 primary or general city election dies [within the periods set forth in NRS
9-12 293C.370,] before the day of the election, the city clerk shall post a notice
9-13 of the candidate’s death at each polling place where the candidate’s name
9-14 will appear on the ballot.
9-15 Sec. 14. NRS 293C.530 is hereby amended to read as follows:
9-16 293C.530 1. [At] Except as otherwise provided in this subsection, at
9-17 least 10 days before an election, the city clerk shall cause to be mailed to
9-18 each registered voter in the city a sample ballot for his precinct with a
9-19 notice informing the voter of the location of his polling place. If there is
9-20 early voting by personal appearance for the election, the sample ballot
9-21 must be mailed by the later of 10 days before the first day for early voting
9-22 or the earliest practicable date after all information necessary to prepare
9-23 the sample ballot is available. If the location of the polling place has
9-24 changed since the last election:
9-25 (a) The city clerk shall mail a notice of the change to each registered
9-26 voter in the city not sooner than 10 days before mailing the sample ballots;
9-27 or
9-28 (b) The sample ballot must also include a notice in at least 10-point bold
9-29 type immediately above the location which states:
9-30 NOTICE: THE LOCATION OF YOUR POLLING PLACE
9-31 HAS CHANGED SINCE THE LAST ELECTION
9-32 2. The city clerk shall include in each sample ballot for a primary city
9-33 election, a separate page on which is printed a list of the offices and
9-34 candidates for those offices for which there is no opposition.
9-35 3. The cost of mailing sample ballots for a city election must be borne
9-36 by the city holding the election.
9-37 Sec. 15. Chapter 294A of NRS is hereby amended by adding thereto a
9-38 new section to read as follows:
9-39 “Question on the ballot” means an initiative, referendum or other
9-40 question that has qualified to appear on the ballot, including, without
9-41 limitation, a question for which the underlying petition qualified
9-42 pursuant to NRS 293.1276 to 293.1279, inclusive.
9-43 Sec. 16. NRS 294A.002 is hereby amended to read as follows:
9-44 294A.002 As used in this chapter, unless the context otherwise
9-45 requires, the words and terms defined in NRS 294A.004 to 294A.009,
10-1 inclusive, and section 15 of this act have the meanings ascribed to them in
10-2 those sections.
10-3 Sec. 17. NRS 294A.180 is hereby amended to read as follows:
10-4 294A.180 1. Each candidate for a state, district, county, city or
10-5 township office who is not elected to that office shall, not later than the
10-6 15th day of the second month after his defeat, file a report [with the
10-7 secretary of state] pursuant to subsection 4 stating the amount of
10-8 contributions which he received for that campaign but did not spend and
10-9 the disposition of those unspent contributions.
10-10 2. Each public officer who is elected to a state, district, county, city or
10-11 township office shall file a report [:] pursuant to subsection 4:
10-12 (a) Not later than the 15th day of the second month after his election,
10-13 stating the amount of campaign contributions which he received but did not
10-14 spend and the amount, if any, of those unspent contributions disposed of
10-15 pursuant to subsection 2 of NRS 294A.160 as of the last day of the first
10-16 month after his election;
10-17 (b) Not later than January 15th of each year of his term beginning the
10-18 year after he filed the report required by paragraph (a), stating the amount,
10-19 if any, of those unspent contributions disposed of pursuant to NRS
10-20 294A.160 during the period from the last date covered by his last report
10-21 through December 31 of the immediately preceding year and the manner in
10-22 which they were disposed of; and
10-23 (c) Not later than the 15th day of the second month after he no longer
10-24 holds that office, stating the amount and disposition of any remaining
10-25 unspent contributions.
10-26 3. The reports required by subsections 1 and 2 must be submitted on a
10-27 form designed and provided by the secretary of state and signed by the
10-28 candidate or public officer under penalty of perjury.
10-29 4. A candidate or public officer filing a report pursuant to subsection 1
10-30 or 2:
10-31 (a) Shall file the report with the officer with whom he filed his
10-32 declaration of candidacy or acceptance of candidacy.
10-33 (b) May file the report by certified mail. If certified mail is used, the
10-34 date of mailing shall be deemed the date of filing.
10-35 5. A county clerk who receives from a legislative or judicial officer,
10-36 other than a justice of the peace or municipal judge, a report pursuant to
10-37 subsection 4 shall file a copy of the report with the secretary of state within
10-38 10 working days after he receives the report.
10-39 Sec. 18. NRS 294A.420 is hereby amended to read as follows:
10-40 294A.420 1. If the secretary of state receives information that a
10-41 person or entity that is subject to the provisions of NRS 294A.120,
10-42 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,
10-43 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the
10-44 applicable provisions of those sections, the secretary of state may, after
10-45 giving notice to that person or entity, cause the appropriate proceedings to
10-46 be instituted in the first judicial district court.
10-47 2. Except as otherwise provided in this section, a person or entity that
10-48 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,
10-49 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,
11-1 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,
11-2 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000
11-3 for each violation and payment of court costs and attorney’s fees. The civil
11-4 penalty must be recovered in a civil action brought in the name of the State
11-5 of Nevada by the secretary of state in the first judicial district court and
11-6 deposited with the state treasurer for credit to the state general fund.
11-7 3. If a civil penalty is imposed because a person or entity has reported
11-8 its contributions, expenses or expenditures after the date the report is due,
11-9 the amount of the civil penalty is:
11-10 (a) If the report is [not] :
11-11 (1) Not more than 7 days late, $25 for each day the report is late[.
11-12 (b) If the report is more] ;
11-13 (2) More than 7 days late but not more than 15 days late, $50 for each
11-14 day the report is late[.
11-15 (c) If the report is more] ; or
11-16 (3) More than 15 days late, $100 for each day the report is late[.] ;
11-17 and
11-18 (b) Notwithstanding the provisions of paragraph (a), not to exceed
11-19 $100 for a person who:
11-20 (1) Was a candidate for an office the holder of which receives no
11-21 compensation;
11-22 (2) Received no contributions; and
11-23 (3) Incurred no campaign expenses and made no expenditures
11-24 except for the filing fee, if any, for the office for which he was a
11-25 candidate.
11-26 4. For good cause shown, the secretary of state may waive a civil
11-27 penalty that would otherwise be imposed pursuant to this section. If the
11-28 secretary of state waives a civil penalty pursuant to this subsection, the
11-29 secretary of state shall:
11-30 (a) Create a record which sets forth that the civil penalty has been
11-31 waived and describes the circumstances that constitute the good cause
11-32 shown; and
11-33 (b) Ensure that the record created pursuant to paragraph (a) is available
11-34 for review by the general public.
11-35 Sec. 19. NRS 295.055 is hereby amended to read as follows:
11-36 295.055 1. The secretary of state shall by regulation specify:
11-37 (a) The format for the signatures on a petition for an initiative or
11-38 referendum and make free specimens of the format available upon request.
11-39 Each signature must be dated.
11-40 (b) The manner of fastening together several sheets circulated by one
11-41 person to constitute a single document.
11-42 2. Each document of the petition must bear the name of a county, and
11-43 only registered voters of that county may sign the document.
11-44 3. A person who signs a petition may remove his name from it by
11-45 transmitting his request in writing to the county clerk at any time before the
11-46 petition is [filed with] submitted to the county clerk.
11-47 Sec. 20. NRS 295.115 is hereby amended to read as follows:
11-48 295.115 1. When an initiative or referendum petition has been finally
11-49 determined sufficient, the board shall promptly consider the proposed
12-1 initiative ordinance in the manner provided by law for the consideration of
12-2 ordinances generally or reconsider the referred ordinance by voting its
12-3 repeal. If , not later than 45 days after the date the petition was finally
12-4 determined sufficient, the board fails to adopt [a] the proposed initiative
12-5 ordinance without any change in substance [within 60 days] or fails to
12-6 repeal the referred ordinance [within 30 days after the date the petition was
12-7 finally determined sufficient, it] , the board shall submit the proposed or
12-8 referred ordinance to the registered voters of the county.
12-9 2. The vote of the county on [a] the proposed or referred ordinance
12-10 must be held at the next primary or general election. Copies of the
12-11 proposed or referred ordinance must be made available at the polls.
12-12 3. An initiative or referendum petition may be withdrawn at any time
12-13 before the 30th day preceding the day scheduled for a vote of the county or
12-14 the deadline for placing questions on the ballot, whichever is earlier, by
12-15 filing with the county clerk a request for withdrawal signed by at least four
12-16 members of the petitioners’ original committee. Upon the filing of that
12-17 request, the petition has no further effect and all proceedings thereon must
12-18 be terminated.
12-19 Sec. 21. NRS 295.150 is hereby amended to read as follows:
12-20 295.150 1. The names of the registered voters petitioning need not be
12-21 all upon one petition, but may be contained on one or more petitions; but
12-22 each petition [shall] must be verified by [at least one of the voters who has
12-23 signed such] the circulator of that petition.
12-24 2. The [voter] circulator, in making the verification , shall swear, on
12-25 information and belief, that the persons signing the petition are registered
12-26 voters of the county and state, and that such signatures are genuine and
12-27 were executed in his presence.
12-28 Sec. 22. NRS 295.215 is hereby amended to read as follows:
12-29 295.215 1. When an initiative or referendum petition has been finally
12-30 determined sufficient, the council shall promptly consider the proposed
12-31 initiative ordinance in the manner provided by law for the consideration of
12-32 ordinances generally or reconsider the referred ordinance by voting its
12-33 repeal. If , not later than 45 days after the date the petition was finally
12-34 determined sufficient, the council fails to adopt [a] the proposed initiative
12-35 ordinance without any change in substance [within 60 days] or fails to
12-36 repeal the referred ordinance [within 30 days after the date the petition was
12-37 finally determined sufficient, it] , the council shall submit the proposed or
12-38 referred ordinance to the registered voters of the city.
12-39 2. The vote of the city on [a] the proposed or referred ordinance must
12-40 be held at the next primary or general city election or primary or general
12-41 election. Copies of the proposed or referred ordinance must be made
12-42 available at the polls.
12-43 3. An initiative or referendum petition may be withdrawn at any time
12-44 before the 30th day preceding the day scheduled for a vote of the city or
12-45 the deadline for placing questions on the ballot, whichever is earlier, by
12-46 filing with the city clerk a request for withdrawal signed by at least four
12-47 members of the petitioners’ original committee. Upon the filing of that
12-48 request the petition has no further effect and all proceedings thereon must
12-49 be terminated.
13-1 Sec. 23. NRS 306.030 is hereby amended to read as follows:
13-2 306.030 1. The petition may consist of any number of copies which
13-3 are identical in form with the original, except for the name of the county
13-4 and the signatures and addresses of the residences of the signers. The pages
13-5 of the petition with the signatures and of any copy must be consecutively
13-6 numbered. Each page must bear the name of a county and only registered
13-7 voters of that county may sign the page.
13-8 2. Every copy must be verified by [at least one of the signers] the
13-9 circulator thereof, who shall swear or affirm, before a person authorized
13-10 by law to administer oaths, that the statements and signatures contained in
13-11 the petition are true to the best of his knowledge and belief. The
13-12 verification must also contain a statement of the number of signatures
13-13 being verified by the [signer.] circulator.
13-14 Sec. 24. NRS 306.040 is hereby amended to read as follows:
13-15 306.040 1. Upon determining that the number of signatures on a
13-16 petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279,
13-17 inclusive, the secretary of state shall notify the county clerk, the officer
13-18 with whom the petition is to be filed pursuant to subsection 4 of NRS
13-19 306.015 and the public officer who is the subject of the petition.
13-20 2. After the verification of signatures is complete, but not later than the
13-21 date a complaint is filed pursuant to subsection 5 or the date the call for a
13-22 special election is issued, whichever is earlier, a person who signs a
13-23 petition to recall may request the secretary of state to strike his name from
13-24 the petition. [If] Upon receipt of the request from the person ,
13-25 [demonstrates good cause therefor,] the secretary of state shall strike his
13-26 name from the petition.
13-27 3. Not sooner than 10 days nor more than 20 days after the secretary of
13-28 state completes the notification required by subsection 1, if a complaint is
13-29 not filed pursuant to subsection 5, the officer with whom the petition is
13-30 filed shall issue a call for a special election in the jurisdiction in which the
13-31 public officer who is the subject of the petition was elected to determine
13-32 whether the people will recall him.
13-33 4. The call for a special election pursuant to subsection 3 or 6 must
13-34 include, without limitation:
13-35 (a) The last day on which a person may register to vote to qualify to
13-36 vote in the special election; and
13-37 (b) The last day on which a petition to nominate other candidates for the
13-38 office may be filed.
13-39 5. The legal sufficiency of the petition may be challenged by filing a
13-40 complaint in district court not later than 5 days, Saturdays, Sundays and
13-41 holidays excluded, after the secretary of state completes the notification
13-42 required by subsection 1. All affidavits and documents in support of the
13-43 challenge must be filed with the complaint. The court shall set the matter
13-44 for hearing not later than 30 days after the complaint is filed and shall give
13-45 priority to such a complaint over all other matters pending with the court,
13-46 except for criminal proceedings.
13-47 6. Upon the conclusion of the hearing, if the court determines that the
13-48 petition is sufficient, it shall order the officer with whom the petition is
13-49 filed to issue a call for a special election in the jurisdiction in which the
14-1 public officer who is the subject of the petition was elected to determine
14-2 whether the people will recall him. If the court determines that the petition
14-3 is not sufficient, it shall order the officer with whom the petition is filed to
14-4 cease any further proceedings regarding the petition.
14-5 H