(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD 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 may 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. The provisions of this section do not apply to candidates for [the] :
2-44 (a) The office of district attorney[.] ; or
2-45 (b) A federal office.
2-46 Sec. 4. NRS 293.194 is hereby amended to read as follows:
2-47 293.194 1. Except as otherwise provided in subsection 2, the filing
2-48 fee paid by a candidate must not be returned to the candidate.
3-1 2. The filing fee of an independent candidate who files a petition
3-2 pursuant to NRS 293.200 or 298.109, of a candidate of a minor political
3-3 party or of a candidate of a new major political party, must be returned to
3-4 the candidate by the officer to whom the fee was paid within 10 days after
3-5 the date on which a final determination is made that the petition of the
3-6 candidate, minor political party or new major political party failed to
3-7 contain the required number of signatures.
3-8 Sec. 5. NRS 293.200 is hereby amended to read as follows:
3-9 293.200 1. An independent candidate for partisan office must file
3-10 with the appropriate filing officer:
3-11 (a) A copy of the petition of candidacy that he intends to circulate for
3-12 signatures. The copy must be filed not earlier than the January 2 preceding
3-13 the date of the election and not later than 25 working days before the last
3-14 day to file the petition pursuant to subsection 4. [The copy must also be
3-15 filed before the petition may be circulated.]
3-16 (b) Either of the following:
3-17 (1) A petition of candidacy signed by a number of registered voters
3-18 equal to at least 1 percent of the total number of ballots cast in:
3-19 (I) This state for that office at the last preceding general election in
3-20 which a person was elected to that office, if the office is a statewide office;
3-21 (II) The county for that office at the last preceding general election
3-22 in which a person was elected to that office, if the office is a county office;
3-23 or
3-24 (III) The district for that office at the last preceding general
3-25 election in which a person was elected to that office, if the office is a
3-26 district office.
3-27 (2) A petition of candidacy signed by 250 registered voters if the
3-28 candidate is a candidate for statewide office, or signed by 100 registered
3-29 voters if the candidate is a candidate for any office other than a statewide
3-30 office.
3-31 2. The petition may consist of more than one document. Each
3-32 document must bear the name of the county in which it was circulated and
3-33 only registered voters of that county may sign the document. If the office is
3-34 not a statewide office, only the registered voters of the county, district or
3-35 municipality in question may sign the document. The documents that are
3-36 circulated for signature in a county must be submitted to that county clerk
3-37 for verification in the manner prescribed in NRS 293.1276 to 293.1279,
3-38 inclusive, not later than 25 working days before the last day to file the
3-39 petition pursuant to subsection 4. Each person who signs the petition shall
3-40 add to his signature the address of the place at which he actually resides,
3-41 the date that he signs the petition and the name of the county where he is
3-42 registered to vote. The person who circulates each document of the petition
3-43 shall sign an affidavit attesting that the signatures on the document are
3-44 genuine to the best of his knowledge and belief and were signed in his
3-45 presence by persons registered to vote in that county.
3-46 3. The petition of candidacy may state the principle, if any, which the
3-47 person qualified represents.
4-1 4. Petitions of candidacy must be filed not earlier than the first
4-2 Monday in May preceding the general election and not later than 5 p.m. on
4-3 the third Monday in May.
4-4 5. No petition of candidacy may contain the name of more than one
4-5 candidate for each office to be filled.
4-6 6. A person may not file as an independent candidate if he is proposing
4-7 to run as the candidate of a political party.
4-8 7. The names of independent candidates must be placed on the general
4-9 election ballot and must not appear on the primary election ballot.
4-10 8. If the candidacy of any person seeking to qualify pursuant to this
4-11 section is challenged, all affidavits and documents in support of the
4-12 challenge must be filed not later than 5 p.m. on the fourth Monday in May.
4-13 Any judicial proceeding resulting from the challenge must be set for
4-14 hearing not more than 5 days after the fourth Monday in May.
4-15 9. Any challenge pursuant to subsection 8 must be filed with:
4-16 (a) The first judicial district court if the petition of candidacy was filed
4-17 with the secretary of state.
4-18 (b) The district court for the county where the petition of candidacy was
4-19 filed if the petition was filed with a county clerk.
4-20 10. An independent candidate for partisan office must file a
4-21 declaration of candidacy with the appropriate filing officer and pay the fee
4-22 required by NRS 293.193 not earlier than the first Monday in May of the
4-23 year in which the election is held nor later than 5 p.m. on the third Monday
4-24 in May.
4-25 Sec. 6. NRS 293.260 is hereby amended to read as follows:
4-26 293.260 1. Where there is no contest for nomination to a particular
4-27 office, neither the title of the office nor the name of the candidate may
4-28 appear on the ballot.
4-29 2. If more than one major political party has candidates for a particular
4-30 office, the persons who receive the highest number of votes at the primary
4-31 elections must be declared the nominees of those parties for the office[.]
4-32 and their names must be placed on the ballot for the general election.
4-33 3. If only one major political party has candidates for a particular
4-34 office and a minor political party has nominated a candidate for the office
4-35 or an independent candidate has filed for the office, the candidate who
4-36 receives the highest number of votes in the primary election of the major
4-37 political party must be declared the nominee of that party and his name
4-38 must be placed on the general election ballot with the name of the nominee
4-39 of the minor political party for the office and the name of the independent
4-40 candidate who has filed for the office.
4-41 4. If only one major political party has candidates for a particular
4-42 office , [and] no minor political party has nominated a candidate for the
4-43 office [or] and no independent candidate has filed for the office:
4-44 (a) If there are more candidates than twice the number to be elected to
4-45 the office, the names of the candidates must appear on the ballot for a
4-46 primary election. Except as otherwise provided in this paragraph, the
4-47 candidates of that party who receive the highest number of votes in the
4-48 primary election, not to exceed twice the number to be elected to that office
4-49 at the general election, must be declared the nominees for the office[.] and
5-1 their names must be placed on the ballot for the general election. If only
5-2 one candidate is to be elected to the office and a candidate receives a
5-3 majority of the votes in the primary election for that office, that candidate
5-4 must be declared the nominee for that office and his name must be placed
5-5 on the ballot for the general election.
5-6 (b) If there are no more than twice the number of candidates to be
5-7 elected to the office, the candidates must, without a primary election, be
5-8 declared the nominees for the office[.] and their names must be placed on
5-9 the ballot for the general election.
5-10 5. Where no more than the number of candidates to be elected have
5-11 filed for nomination for any office, the names of those candidates must be
5-12 omitted from all ballots for a primary election and placed on all ballots for
5-13 a general election.
5-14 6. If there are more candidates than twice the number to be elected to a
5-15 nonpartisan office, the names of the candidates must appear on the ballot
5-16 for a primary election. Those candidates who receive the highest number of
5-17 votes at that election, not to exceed twice the number to be elected, must be
5-18 declared nominees for the office[.] and their names must be placed on the
5-19 ballot for the general election.
5-20 Sec. 7. NRS 293.269 is hereby amended to read as follows:
5-21 293.269 1. Every ballot upon which appears the names of candidates
5-22 for any statewide office or federal office, or for President and Vice
5-23 President of the United States [shall] , must contain for each such office an
5-24 additional line equivalent to the lines on which the candidates’ names
5-25 appear and placed at the end of the group of lines containing the names of
5-26 the candidates for that office. Each additional line [shall] must contain a
5-27 square in which the voter may express his choice of that line in the same
5-28 manner as he would express his choice of a candidate, and the line [shall]
5-29 must read “None of these candidates.”
5-30 2. Only votes cast for the named candidates [shall] may be counted in
5-31 determining nomination or election to any statewide office or federal
5-32 office, or in determining presidential nominations or the selection of
5-33 presidential electors, but for each such office the number of ballots on
5-34 which the additional line was chosen [shall] must be listed following the
5-35 names of the candidates and the number of their votes in every posting,
5-36 abstract and proclamation of the results of the election.
5-37 3. Every sample ballot or other instruction to voters prescribed or
5-38 approved by the secretary of state [shall] must clearly explain that the voter
5-39 may mark his choice of the line “None of these candidates” only if he has
5-40 not voted for any candidate for the office.
5-41 Sec. 8. NRS 293.302 is hereby amended to read as follows:
5-42 293.302 If a candidate whose name appears on the ballot at a primary
5-43 or general election dies [within the periods set forth in NRS 293.368,]
5-44 before the day of the election, the county clerk shall post a notice of the
5-45 candidate’s death at each polling place where the candidate’s name will
5-46 appear on the ballot.
5-47 Sec. 9. NRS 293.403 is hereby amended to read as follows:
5-48 293.403 1. A candidate defeated at any election may demand and
5-49 receive a recount of the vote for the office for which he is a candidate if
6-1 within 3 working days after the canvass of the vote and the certification by
6-2 the county clerk or city clerk of the abstract of votes:
6-3 (a) He files in writing his demand with the officer with whom he filed
6-4 his declaration of candidacy or acceptance of candidacy; and
6-5 (b) He deposits in advance the estimated costs of the recount with that
6-6 officer.
6-7 2. Any voter at an election may demand and receive a recount of the
6-8 vote for a ballot question if within 3 working days after the canvass of the
6-9 vote and the certification by the county clerk or city clerk of the abstract of
6-10 votes:
6-11 (a) He files in writing his demand with:
6-12 (1) The secretary of state, if the demand is for a recount of a ballot
6-13 question affecting more than one county; or
6-14 (2) The county or city clerk who will conduct the recount, if the
6-15 demand is for a recount of a ballot question affecting only one county or
6-16 city; and
6-17 (b) He deposits in advance the estimated costs of the recount with the
6-18 person to whom he made his demand.
6-19 3. The estimated costs of the recount must be determined by the person
6-20 with whom the advance is deposited based on regulations adopted by the
6-21 secretary of state defining the term “costs.”
6-22 4. As used in this section, “canvass” means:
6-23 (a) In any primary election, the canvass by the board of county
6-24 commissioners of the returns for a candidate or ballot question voted for in
6-25 one county or the canvass by the board of county commissioners last
6-26 completing its canvass of the returns for a candidate or ballot question
6-27 voted for in more than one county.
6-28 (b) In any primary city election, the canvass by the city council of the
6-29 returns for a candidate or ballot question voted for in the city.
6-30 (c) In any general election:
6-31 (1) The canvass by the supreme court of the returns for a candidate
6-32 for a statewide office or a statewide ballot question; or
6-33 (2) [The] Except as otherwise provided in subparagraph (1), the
6-34 canvass of the board of county commissioners [of] :
6-35 (I) Of the returns for [any other] a candidate or ballot question[, as
6-36 provided in paragraph (a).] voted for in one county; or
6-37 (II) That is the last to be completed of the returns for a candidate
6-38 or ballot question voted for in more than one county.
6-39 (d) In any general city election, the canvass by the city council of the
6-40 returns for a candidate or ballot question voted for in the city.
6-41 Sec. 10. NRS 293.405 is hereby amended to read as follows:
6-42 293.405 1. If the person who demanded the recount does not prevail,
6-43 and it is found that the sum deposited was less than the cost of the recount,
6-44 the person shall, upon demand, pay the deficiency to the county clerk, city
6-45 clerk or secretary of state, as the case may be. If the sum deposited is in
6-46 excess of the cost, the excess must be refunded to him.
6-47 2. If the person who demanded the recount prevails, the sum deposited
6-48 with the secretary of state, county clerk or city clerk must be refunded to
6-49 the person and the cost of the recount must be paid as follows:
7-1 (a) If the recount concerns an office or ballot question for which voting
7-2 is not statewide, the cost must be borne by the county or city which
7-3 conducted the recount.
7-4 (b) If the recount concerns an office or ballot question for which voting
7-5 is statewide, the clerk of each county shall submit a statement of its costs in
7-6 the recount to the secretary of state for review and approval. The secretary
7-7 of state shall submit the statements to the state board of examiners, which
7-8 shall repay the allowable costs from the reserve for statutory contingency
7-9 account to the respective counties.
7-10 3. Each recount must be commenced within 5 days after demand, and
7-11 must be completed within 5 days after it is begun. Sundays and holidays
7-12 must not be excluded in determining each 5-day period.
7-13 4. Upon completion of a recount:
7-14 (a) If the recount affected more than one county, the secretary of state
7-15 shall certify the results.
7-16 (b) Except as otherwise provided in paragraph (a), the county or city
7-17 clerk who conducted the recount shall certify the results.
7-18 5. After the recount of a precinct is completed, that precinct must not
7-19 be subject to another recount for the same office or ballot question at the
7-20 same election.
7-21 Sec. 11. NRS 293.440 is hereby amended to read as follows:
7-22 293.440 1. Any person who desires a copy of any list of the persons
7-23 who are registered to vote in any precinct, district or county may obtain a
7-24 copy by applying at the office of the county clerk and paying therefor a
7-25 sum of money equal to one cent per name on the list, except that one copy
7-26 of each original and supplemental list for each precinct, district or county
7-27 must be provided to the state and county central committee of any major
7-28 political party[,] or a minor political party, upon request, without charge.
7-29 2. Except as otherwise provided in NRS 293.558, the copy of the list
7-30 provided pursuant to this section must indicate the address, date of birth,
7-31 telephone number and the serial number on each application to register to
7-32 vote. If the county maintains this information in a computer database, the
7-33 date of the most recent addition or revision to an entry, if made on or after
7-34 July 1, 1989, must be included in the database and on any resulting list of
7-35 the information. The date must be expressed numerically in the order of
7-36 month, day and year.
7-37 3. A county may not pay more than 10 cents per folio or more than $6
7-38 per thousand copies for printed lists for a precinct or district.
7-39 4. A county which has a system of computers capable of recording
7-40 information on magnetic tape or diskette shall, upon request of the state or
7-41 county central committee of any major political party or a minor political
7-42 party which has filed a certificate of existence with the secretary of state,
7-43 record for that central committee or minor political party on magnetic tape
7-44 or diskette supplied by it:
7-45 (a) The list of persons who are registered to vote and the information
7-46 required in subsection 2; and
7-47 (b) Not more than four times per year, as requested by the committee:
8-1 (1) A complete list of the persons who are registered to vote with a
8-2 notation for the most recent entry of the date on which the entry or the
8-3 latest change in the information was made; or
8-4 (2) A list that includes additions and revisions made to the list of
8-5 persons who are registered to vote after a date specified by the central
8-6 committee.
8-7 5. If a political party does not provide its own magnetic tape or
8-8 diskette, or if a political party requests the list in any other form that does
8-9 not require printing, the county clerk may charge a fee to cover the actual
8-10 cost of providing the tape, diskette or list.
8-11 Sec. 12. NRS 293.565 is hereby amended to read as follows:
8-12 293.565 1. Except as otherwise provided in subsection 2, sample
8-13 ballots must include:
8-14 (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250,
8-15 for each proposed constitutional amendment or statewide measure;
8-16 (b) An explanation, as provided pursuant to NRS 218.443, of each
8-17 proposed constitutional amendment or statewide measure, including
8-18 arguments for and against it; and
8-19 (c) The full text of each proposed constitutional amendment.
8-20 2. Sample ballots that are mailed to registered voters may be printed
8-21 without the full text of each proposed constitutional amendment if:
8-22 (a) The cost of printing the sample ballots would be significantly
8-23 reduced if the full text of each proposed constitutional amendment were
8-24 not included;
8-25 (b) The county clerk ensures that a sample ballot that includes the full
8-26 text of each proposed constitutional amendment is provided at no charge to
8-27 each registered voter who requests such a sample ballot; and
8-28 (c) The sample ballots provided to each polling place include the full
8-29 text of each proposed constitutional amendment.
8-30 3. [At] Except as otherwise provided in this subsection, at least 10
8-31 days before any election, the county clerk shall cause to be mailed to each
8-32 registered voter in the county a sample ballot for his precinct with a notice
8-33 informing the voter of the location of his polling place. If there is early
8-34 voting by personal appearance for the election, the sample ballot must be
8-35 mailed by the later of 5 days before the first day for early voting or the
8-36 earliest practicable date after all information necessary to prepare the
8-37 sample ballot is available. If the location of the polling place has changed
8-38 since the last election:
8-39 (a) The county clerk shall mail a notice of the change to each registered
8-40 voter in the county not sooner than 10 days before mailing the sample
8-41 ballots; or
8-42 (b) The sample ballot must also include a notice in at least 10-point bold
8-43 type immediately above the location which states:
8-44 NOTICE: THE LOCATION OF YOUR POLLING PLACE
8-45 HAS CHANGED SINCE THE LAST ELECTION
9-1 4. The county clerk shall include in each sample ballot for a primary
9-2 election, a separate page on which is printed a list of the offices and
9-3 candidates for those offices for which there is no opposition.
9-4 5. The cost of mailing sample ballots for any election other than a
9-5 primary or general election must be borne by the political subdivision
9-6 holding the election.
9-7 Sec. 13. NRS 293C.291 is hereby amended to read as follows:
9-8 293C.291 If a candidate whose name appears on the ballot at a
9-9 primary or general city election dies [within the periods set forth in NRS
9-10 293C.370,] before the day of the election, the city clerk shall post a notice
9-11 of the candidate’s death at each polling place where the candidate’s name
9-12 will appear on the ballot.
9-13 Sec. 14. NRS 293C.530 is hereby amended to read as follows:
9-14 293C.530 1. [At] Except as otherwise provided in this subsection, at
9-15 least 10 days before an election, the city clerk shall cause to be mailed to
9-16 each registered voter in the city a sample ballot for his precinct with a
9-17 notice informing the voter of the location of his polling place. If there is
9-18 early voting by personal appearance for the election, the sample ballot
9-19 must be mailed by the later of 5 days before the first day for early voting
9-20 or the earliest practicable date after all information necessary to prepare
9-21 the sample ballot is available. If the location of the polling place has
9-22 changed since the last election:
9-23 (a) The city clerk shall mail a notice of the change to each registered
9-24 voter in the city not sooner than 10 days before mailing the sample ballots;
9-25 or
9-26 (b) The sample ballot must also include a notice in at least 10-point bold
9-27 type immediately above the location which states:
9-28 NOTICE: THE LOCATION OF YOUR POLLING PLACE
9-29 HAS CHANGED SINCE THE LAST ELECTION
9-30 2. The city clerk shall include in each sample ballot for a primary city
9-31 election, a separate page on which is printed a list of the offices and
9-32 candidates for those offices for which there is no opposition.
9-33 3. The cost of mailing sample ballots for a city election must be borne
9-34 by the city holding the election.
9-35 Sec. 15. Chapter 294A of NRS is hereby amended by adding thereto a
9-36 new section to read as follows:
9-37 “Question on the ballot” means an initiative, referendum or other
9-38 question that has qualified to appear on the ballot, including, without
9-39 limitation, a question for which the underlying petition qualified
9-40 pursuant to NRS 293.1276 to 293.1279, inclusive.
9-41 Sec. 16. NRS 294A.002 is hereby amended to read as follows:
9-42 294A.002 As used in this chapter, unless the context otherwise
9-43 requires, the words and terms defined in NRS 294A.004 to 294A.009,
9-44 inclusive, and section 15 of this act have the meanings ascribed to them in
9-45 those sections.
10-1 Sec. 17. NRS 294A.180 is hereby amended to read as follows:
10-2 294A.180 1. Each candidate for a state, district, county, city or
10-3 township office who is not elected to that office shall, not later than the
10-4 15th day of the second month after his defeat, file a report [with the
10-5 secretary of state] pursuant to subsection 4 stating the amount of
10-6 contributions which he received for that campaign but did not spend and
10-7 the disposition of those unspent contributions.
10-8 2. Each public officer who is elected to a state, district, county, city or
10-9 township office shall file a report [:] pursuant to subsection 4:
10-10 (a) Not later than the 15th day of the second month after his election,
10-11 stating the amount of campaign contributions which he received but did not
10-12 spend and the amount, if any, of those unspent contributions disposed of
10-13 pursuant to subsection 2 of NRS 294A.160 as of the last day of the first
10-14 month after his election;
10-15 (b) Not later than January 15th of each year of his term beginning the
10-16 year after he filed the report required by paragraph (a), stating the amount,
10-17 if any, of those unspent contributions disposed of pursuant to NRS
10-18 294A.160 during the period from the last date covered by his last report
10-19 through December 31 of the immediately preceding year and the manner in
10-20 which they were disposed of; and
10-21 (c) Not later than the 15th day of the second month after he no longer
10-22 holds that office, stating the amount and disposition of any remaining
10-23 unspent contributions.
10-24 3. The reports required by subsections 1 and 2 must be submitted on a
10-25 form designed and provided by the secretary of state and signed by the
10-26 candidate or public officer under penalty of perjury.
10-27 4. A candidate or public officer filing a report pursuant to subsection 1
10-28 or 2:
10-29 (a) Shall file the report with the officer with whom he filed his
10-30 declaration of candidacy or acceptance of candidacy.
10-31 (b) May file the report by certified mail. If certified mail is used, the
10-32 date of mailing shall be deemed the date of filing.
10-33 5. A county clerk who receives from a legislative or judicial officer,
10-34 other than a justice of the peace or municipal judge, a report pursuant to
10-35 subsection 4 shall file a copy of the report with the secretary of state within
10-36 10 working days after he receives the report.
10-37 Sec. 18. NRS 294A.420 is hereby amended to read as follows:
10-38 294A.420 1. If the secretary of state receives information that a
10-39 person or entity that is subject to the provisions of NRS 294A.120,
10-40 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,
10-41 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the
10-42 applicable provisions of those sections, the secretary of state may, after
10-43 giving notice to that person or entity, cause the appropriate proceedings to
10-44 be instituted in the first judicial district court.
10-45 2. Except as otherwise provided in this section, a person or entity that
10-46 violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,
10-47 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,
10-48 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,
10-49 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000
11-1 for each violation and payment of court costs and attorney’s fees. The civil
11-2 penalty must be recovered in a civil action brought in the name of the State
11-3 of Nevada by the secretary of state in the first judicial district court and
11-4 deposited with the state treasurer for credit to the state general fund.
11-5 3. If a civil penalty is imposed because a person or entity has reported
11-6 its contributions, expenses or expenditures after the date the report is due,
11-7 the amount of the civil penalty is:
11-8 (a) If the report is [not] :
11-9 (1) Not more than 7 days late, $25 for each day the report is late[.
11-10 (b) If the report is more] ;
11-11 (2) More than 7 days late but not more than 15 days late, $50 for each
11-12 day the report is late[.
11-13 (c) If the report is more] ; or
11-14 (3) More than 15 days late, $100 for each day the report is late[.] ;
11-15 and
11-16 (b) Notwithstanding the provisions of paragraph (a), not to exceed
11-17 $100 for a person who:
11-18 (1) Was a candidate for an office the holder of which receives no
11-19 compensation;
11-20 (2) Received no contributions; and
11-21 (3) Incurred no campaign expenses and made no expenditures
11-22 except for the filing fee, if any, for the office for which he was a
11-23 candidate.
11-24 4. For good cause shown, the secretary of state may waive a civil
11-25 penalty that would otherwise be imposed pursuant to this section. If the
11-26 secretary of state waives a civil penalty pursuant to this subsection, the
11-27 secretary of state shall:
11-28 (a) Create a record which sets forth that the civil penalty has been
11-29 waived and describes the circumstances that constitute the good cause
11-30 shown; and
11-31 (b) Ensure that the record created pursuant to paragraph (a) is available
11-32 for review by the general public.
11-33 Sec. 19. NRS 295.055 is hereby amended to read as follows:
11-34 295.055 1. The secretary of state shall by regulation specify:
11-35 (a) The format for the signatures on a petition for an initiative or
11-36 referendum and make free specimens of the format available upon request.
11-37 Each signature must be dated.
11-38 (b) The manner of fastening together several sheets circulated by one
11-39 person to constitute a single document.
11-40 2. Each document of the petition must bear the name of a county, and
11-41 only registered voters of that county may sign the document.
11-42 3. A person who signs a petition may request that the county clerk
11-43 remove his name from it by transmitting his request in writing to the
11-44 county clerk at any time before the petition is [filed with] submitted to the
11-45 county clerk.
11-46 Sec. 20. NRS 295.115 is hereby amended to read as follows:
11-47 295.115 1. When an initiative or referendum petition has been finally
11-48 determined sufficient, the board shall promptly consider the proposed
11-49 initiative ordinance in the manner provided by law for the consideration of
12-1 ordinances generally or reconsider the referred ordinance by voting its
12-2 repeal. If , not later than 45 days after the date the petition was finally
12-3 determined sufficient, the board fails to adopt [a] the proposed initiative
12-4 ordinance without any change in substance [within 60 days] or fails to
12-5 repeal the referred ordinance [within 30 days after the date the petition was
12-6 finally determined sufficient, it] , the board shall submit the proposed or
12-7 referred ordinance to the registered voters of the county.
12-8 2. The vote of the county on [a] the proposed or referred ordinance
12-9 must be held at the next primary or general election. Copies of the
12-10 proposed or referred ordinance must be made available at the polls.
12-11 3. An initiative or referendum petition may be withdrawn at any time
12-12 before the 30th day preceding the day scheduled for a vote of the county or
12-13 the deadline for placing questions on the ballot, whichever is earlier, by
12-14 filing with the county clerk a request for withdrawal signed by at least four
12-15 members of the petitioners’ original committee. Upon the filing of that
12-16 request, the petition has no further effect and all proceedings thereon must
12-17 be terminated.
12-18 Sec. 21. NRS 295.150 is hereby amended to read as follows:
12-19 295.150 1. The names of the registered voters petitioning need not be
12-20 all upon one petition, but may be contained on one or more petitions; but
12-21 each petition [shall] must be verified by [at least one of the voters who has
12-22 signed such] the circulator of that petition.
12-23 2. The [voter] circulator, in making the verification , shall swear, on
12-24 information and belief, that the persons signing the petition are registered
12-25 voters of the county and state, and that such signatures are genuine and
12-26 were executed in his presence.
12-27 Sec. 22. NRS 295.215 is hereby amended to read as follows:
12-28 295.215 1. When an initiative or referendum petition has been finally
12-29 determined sufficient, the council shall promptly consider the proposed
12-30 initiative ordinance in the manner provided by law for the consideration of
12-31 ordinances generally or reconsider the referred ordinance by voting its
12-32 repeal. If , not later than 45 days after the date the petition was finally
12-33 determined sufficient, the council fails to adopt [a] the proposed initiative
12-34 ordinance without any change in substance [within 60 days] or fails to
12-35 repeal the referred ordinance [within 30 days after the date the petition was
12-36 finally determined sufficient, it] , the council shall submit the proposed or
12-37 referred ordinance to the registered voters of the city.
12-38 2. The vote of the city on [a] the proposed or referred ordinance must
12-39 be held at the next primary or general city election or primary or general
12-40 election. Copies of the proposed or referred ordinance must be made
12-41 available at the polls.
12-42 3. An initiative or referendum petition may be withdrawn at any time
12-43 before the 30th day preceding the day scheduled for a vote of the city or
12-44 the deadline for placing questions on the ballot, whichever is earlier, by
12-45 filing with the city clerk a request for withdrawal signed by at least four
12-46 members of the petitioners’ original committee. Upon the filing of that
12-47 request the petition has no further effect and all proceedings thereon must
12-48 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 the person [demonstrates good cause therefor] makes such a
13-25 request, and the number of such requests received by the secretary of state
13-26 could affect the sufficiency of the petition, the secretary of state shall strike
13-27 the name of the person from the petition.
13-28 3. Not sooner than 10 days nor more than 20 days after the secretary of
13-29 state completes the notification required by subsection 1, if a complaint is
13-30 not filed pursuant to subsection 5, the officer with whom the petition is
13-31 filed shall issue a call for a special election in the jurisdiction in which the
13-32 public officer who is the subject of the petition was elected to determine
13-33 whether the people will recall him.
13-34 4. The call for a special election pursuant to subsection 3 or 6 must
13-35 include, without limitation:
13-36 (a) The last day on which a person may register to vote to qualify to
13-37 vote in the special election; and
13-38 (b) The last day on which a petition to nominate other candidates for the
13-39 office may be filed.
13-40 5. The legal sufficiency of the petition may be challenged by filing a
13-41 complaint in district court not later than 5 days, Saturdays, Sundays and
13-42 holidays excluded, after the secretary of state completes the notification
13-43 required by subsection 1. All affidavits and documents in support of the
13-44 challenge must be filed with the complaint. The court shall set the matter
13-45 for hearing not later than 30 days after the complaint is filed and shall give
13-46 priority to such a complaint over all other matters pending with the court,
13-47 except for criminal proceedings.
13-48 6. Upon the conclusion of the hearing, if the court determines that the
13-49 petition is sufficient, it shall order the officer with whom the petition is
14-1 filed to issue a call for a special election in the jurisdiction in which the
14-2 public officer who is the subject of the petition was elected to determine
14-3 whether the people will recall him. If the court determines that the petition
14-4 is not sufficient, it shall order the officer with whom the petition is filed to
14-5 cease any further proceedings regarding the petition.
14-6 Sec. 25. 1. This section and sections 1, 2 and 4 to 24, inclusive, of
14-7 this act become effective on October 1, 2001.
14-8 2. Section 3 of this act becomes effective at 12:01 a.m. on October 1,
14-9 2001.
14-10 H