Assembly Bill No. 125–Committee on Elections,
Procedures, and Ethics

 

(On Behalf of the Nevada Association
of County Clerks)

 

February 13, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes to laws governing elections. (BDR 24‑294)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to elections; revising deadlines relating to the filing of certain documents before an election; requiring a county or city clerk to verify the identity of a person filing for candidacy; providing for the filing and storage of certain documents by electronic means; revising provisions relating to pupils serving as trainees for the position of election board officer; revising provisions relating to absent ballots; authorizing a county or city clerk to designate centralized voting locations for certain elderly or disabled voters under certain circumstances; revising certain provisions relating to the hours of operation of polling places and certain government offices; providing that certain voting records will be printed on paper only in the event of an election contest or recount; making various changes to election procedures; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1.  NRS 293.1715 is hereby amended to read as

2-2  follows:

2-3  293.1715  1.  The names of the candidates for partisan office

2-4  of a minor political party must not appear on the ballot for a primary

2-5  election.

2-6  2.  The names of the candidates for partisan office of a minor

2-7  political party must be placed on the ballot for the general election if

2-8  the party has filed a certificate of existence and a list of its

2-9  candidates for partisan office pursuant to the provisions of NRS

2-10  293.1725 with the Secretary of State and:

2-11      (a) At the last preceding general election, the minor political

2-12  party polled for any of its candidates for partisan office a number of

2-13  votes equal to or more than 1 percent of the total number of votes

2-14  cast for the offices of Representative in Congress;

2-15      (b) On January 1 preceding a primary election, the minor

2-16  political party has been designated as the political party on the

2-17  applications to register to vote of at least 1 percent of the total

2-18  number of registered voters in this state; or

2-19      (c) Not later than the second Friday in August preceding the

2-20  general election, files a petition with the Secretary of State which is

2-21  signed by a number of registered voters equal to at least 1 percent of

2-22  the total number of votes cast at the last preceding general election

2-23  for the offices of Representative in Congress.

2-24      3.  The name of a candidate for partisan office for a minor

2-25  political party other than a candidate for the office of President

2-26  or Vice President of the United States must be placed on the ballot

2-27  for the general election if the party has filed:

2-28      (a) A certificate of existence;

2-29      (b) A list of candidates for partisan office containing the name

2-30  of the candidate pursuant to the provisions of NRS 293.1725 with

2-31  the Secretary of State; and

2-32      (c) Not earlier than the first Monday in May preceding the

2-33  general election and not later than 5 p.m. on the [third] second

2-34  Friday after the first Monday in May, a petition on behalf of

2-35  the candidate with the Secretary of State containing not less than:

2-36          (1) Two hundred fifty signatures of registered voters if the

2-37  candidate is to be nominated for a statewide office; or

2-38          (2) One hundred signatures of registered voters if the

2-39  candidate is to be nominated for any office except a statewide

2-40  office.

2-41  A minor political party that places names of one or more candidates

2-42  for partisan office on the ballot pursuant to this subsection may also

2-43  place the names of one or more candidates for partisan office on the

2-44  ballot pursuant to subsection 2.

3-1  4.  The name of only one candidate of each minor political

3-2  party for each partisan office may appear on the ballot for a general

3-3  election.

3-4  5.  A minor political party must file a copy of the petition

3-5  required by paragraph (c) of subsection 2 or paragraph (c) of

3-6  subsection 3 with the Secretary of State before the petition may be

3-7  circulated for signatures.

3-8  Sec. 2.  NRS 293.1725 is hereby amended to read as follows:

3-9  293.1725  1.  Except as otherwise provided in subsection 4, a

3-10  minor political party that wishes to place its candidates for partisan

3-11  office on the ballot for a general election and:

3-12      (a) Is entitled to do so pursuant to paragraph (a) or (b) of

3-13  subsection 2 of NRS 293.1715;

3-14      (b) Files a petition pursuant to paragraph (c) of subsection 2 of

3-15  NRS 293.1715; or

3-16      (c) Whose candidates are entitled to appear on the ballot

3-17  pursuant to subsection 3 of NRS 293.1715,

3-18  must file with the Secretary of State a list of its candidates for

3-19  partisan office not earlier than the first Monday in May preceding

3-20  the election nor later than 5 p.m. on the [third] second Friday after

3-21  the first Monday in May. The list must be signed by the person so

3-22  authorized in the certificate of existence of the minor political party

3-23  before a notary public or other person authorized to take

3-24  acknowledgments. The Secretary of State shall strike from the list

3-25  each candidate who is not entitled to appear on the ballot pursuant to

3-26  subsection 3 of NRS 293.1715 if the minor political party is not

3-27  entitled to place candidates on the ballot pursuant to subsection 2 of

3-28  NRS 293.1715. The list must not be amended after it is filed.

3-29      2.  The Secretary of State shall immediately forward a certified

3-30  copy of the list of candidates for partisan office of each minor

3-31  political party to the filing officer with whom each candidate must

3-32  file his declaration of candidacy.

3-33      3.  Each candidate on the list must file his declaration of

3-34  candidacy with the appropriate filing officer and pay the fee

3-35  required by NRS 293.193 not earlier than the date on which the list

3-36  of candidates for partisan office of his minor political party is filed

3-37  with the Secretary of State nor later than 5 p.m. on the [third]

3-38  second Friday after the first Monday in May.

3-39      4.  A minor political party that wishes to place candidates for

3-40  the offices of President and Vice President of the United States on

3-41  the ballot and has qualified to place the names of its candidates for

3-42  partisan office on the ballot for the general election pursuant to

3-43  subsection 2 of NRS 293.1715 must file with the Secretary of State

3-44  a certificate of nomination for these offices not later than the first

3-45  Tuesday in September.

4-1  Sec. 3.  NRS 293.177 is hereby amended to read as follows:

4-2  293.177  1.  Except as otherwise provided in NRS 293.165, a

4-3  name may not be printed on a ballot to be used at a primary election

4-4  unless the person named has filed a declaration of candidacy or an

4-5  acceptance of candidacy, and paid the fee required by NRS 293.193

4-6  not earlier than the first Monday in May of the year in which the

4-7  election is to be held nor later than 5 p.m. on the [third] second

4-8  Friday after the first Monday in May.

4-9  2.  A declaration of candidacy or an acceptance of candidacy

4-10  required to be filed by this section must be in substantially the

4-11  following form:

4-12      (a) For partisan office:

 

4-13  Declaration of Candidacy of ........ for the

4-14  Office of ................

 

4-15  State of Nevada

 

4-16  County of.........  

 

4-17  For the purpose of having my name placed on the official ballot as a

4-18  candidate for the ................ Party nomination for the office of

4-19  ………, I, the undersigned …….., do swear or affirm under penalty

4-20  of perjury that I actually, as opposed to constructively, reside at

4-21  ………., in the City or Town of ……., County of ………., State of

4-22  Nevada; that my actual, as opposed to constructive, residence in the

4-23  state, district, county, township, city or other area prescribed by law

4-24  to which the office pertains began on a date at least 30 days

4-25  immediately preceding the date of the close of filing of declarations

4-26  of candidacy for this office; that my telephone number is ............,

4-27  and the address at which I receive mail, if different than my

4-28  residence, is .........; that I am registered as a member of the

4-29  ................ Party; that I have not, in violation of the provisions of

4-30  NRS 293.176, changed the designation of my political party or

4-31  political party affiliation on an official application to register to vote

4-32  in any state since September 1 before the closing filing date for this

4-33  election; that I generally believe in and intend to support the

4-34  concepts found in the principles and policies of that political party in

4-35  the coming election; that if nominated as a candidate of the

4-36  ................ Party at the ensuing election, I will accept that

4-37  nomination and not withdraw; that I will not knowingly violate any

4-38  election law or any law defining and prohibiting corrupt and

4-39  fraudulent practices in campaigns and elections in this state; that I

4-40  will qualify for the office if elected thereto, including, but not

4-41  limited to, complying with any limitation prescribed by the

5-1  Constitution and laws of this state concerning the number of years

5-2  or terms for which a person may hold the office; and that I

5-3  understand that my name will appear on all ballots as designated in

5-4  this declaration.

 

5-5                                                                               .........................................

5-6                                        (Designation of name)

 

5-7                                                                               .........................................

5-8                               (Signature of candidate for office)

 

5-9  Subscribed and sworn to before

5-10  me this ..... day of the month of ........ of the year....

 

5-11  ......................................

5-12  Notary Public or other person

5-13  authorized to administer an oath

 

5-14      (b) For nonpartisan office:

 

5-15  Declaration of Candidacy of ........ for the

5-16  Office of ................

 

5-17  State of Nevada

 

5-18  County of.........  

 

5-19  For the purpose of having my name placed on the official ballot as a

5-20  candidate for the office of ................, I, the undersigned ................,

5-21  do swear or affirm under penalty of perjury that I actually, as

5-22  opposed to constructively, reside at ………, in the City or Town of

5-23  ……., County of ………, State of Nevada; that my actual, as

5-24  opposed to constructive, residence in the state, district, county,

5-25  township, city or other area prescribed by law to which the office

5-26  pertains began on a date at least 30 days immediately preceding the

5-27  date of the close of filing of declarations of candidacy for this

5-28  office; that my telephone number is ..........., and the address at

5-29  which I receive mail, if different than my residence, is ..........; that if

5-30  nominated as a nonpartisan candidate at the ensuing election, I will

5-31  accept the nomination and not withdraw; that I will not knowingly

5-32  violate any election law or any law defining and prohibiting corrupt

5-33  and fraudulent practices in campaigns and elections in this state; that

5-34  I will qualify for the office if elected thereto, including, but not

5-35  limited to, complying with any limitation prescribed by the

5-36  Constitution and laws of this state concerning the number of years

6-1  or terms for which a person may hold the office; and my name will

6-2  appear on all ballots as designated in this declaration.

 

6-3                                                                               .........................................

6-4                                        (Designation of name)

 

6-5                                                                               .........................................

6-6                               (Signature of candidate for office)

 

6-7  Subscribed and sworn to before

6-8  me this ..... day of the month of ........ of the year ....

 

6-9  .......................................

6-10  Notary Public or other person

6-11  authorized to administer an oath

 

6-12      3.  A person may be a candidate under his given name and

6-13  surname, a contraction or familiar form of his given name followed

6-14  by his surname or the initial of his given name followed by his

6-15  surname. A nickname of not more than 10 letters may be

6-16  incorporated into a candidate’s name. The nickname must be in

6-17  quotation marks and appear immediately before the candidate’s

6-18  surname. A nickname must not indicate any political, economic,

6-19  social or religious view or affiliation and must not be the name of

6-20  any person, living or dead, whose reputation is known on a

6-21  statewide, nationwide or worldwide basis, or in any other manner

6-22  deceive a voter regarding the person or principles for which he is

6-23  voting.

6-24      4.  The address of a candidate which must be included in the

6-25  declaration of candidacy or acceptance of candidacy pursuant to

6-26  subsection 2 must be the street address of the residence where he

6-27  actually, as opposed to constructively, resides in accordance with

6-28  NRS 281.050, if one has been assigned. The declaration or

6-29  acceptance of candidacy must not be accepted for filing if the

6-30  candidate’s address is listed as a post office box unless a street

6-31  address has not been assigned to his residence.

6-32      5.  Before accepting a declaration of candidacy or an

6-33  acceptance of candidacy, the county clerk or filing officer, as

6-34  applicable, shall require the candidate to provide identification,

6-35  including, without limitation, a driver’s license or other official

6-36  document, indicating the candidate’s current address.

6-37      6.  By filing the declaration or acceptance of candidacy, the

6-38  candidate shall be deemed to have appointed the filing officer for

6-39  the office as his agent for service of process for the purposes of a

6-40  proceeding pursuant to NRS 293.182. Service of such process must

7-1  first be attempted at the appropriate address as specified by the

7-2  candidate in the declaration or acceptance of candidacy. If the

7-3  candidate cannot be served at that address, service must be made by

7-4  personally delivering to and leaving with the filing officer duplicate

7-5  copies of the process. The filing officer shall immediately send, by

7-6  registered or certified mail, one of the copies to the candidate at his

7-7  specified address, unless the candidate has designated in writing to

7-8  the filing officer a different address for that purpose, in which case

7-9  the filing officer shall mail the copy to the last address so

7-10  designated.

7-11      Sec. 4.  NRS 293.200 is hereby amended to read as follows:

7-12      293.200  1.  An independent candidate for partisan office must

7-13  file with the appropriate filing officer:

7-14      (a) A copy of the petition of candidacy that he intends to

7-15  circulate for signatures. The copy must be filed not earlier than the

7-16  January 2 preceding the date of the election and not later than 25

7-17  working days before the last day to file the petition pursuant to

7-18  subsection 4. The copy must also be filed before the petition may be

7-19  circulated.

7-20      (b) Either of the following:

7-21          (1) A petition of candidacy signed by a number of registered

7-22  voters equal to at least 1 percent of the total number of ballots cast

7-23  in:

7-24              (I) This state for that office at the last preceding general

7-25  election in which a person was elected to that office, if the office is a

7-26  statewide office;

7-27              (II) The county for that office at the last preceding general

7-28  election in which a person was elected to that office, if the office is a

7-29  county office; or

7-30              (III) The district for that office at the last preceding

7-31  general election in which a person was elected to that office, if the

7-32  office is a district office.

7-33          (2) A petition of candidacy signed by 250 registered voters if

7-34  the candidate is a candidate for statewide office, or signed by 100

7-35  registered voters if the candidate is a candidate for any office other

7-36  than a statewide office.

7-37      2.  The petition may consist of more than one document. Each

7-38  document must bear the name of the county in which it was

7-39  circulated and only registered voters of that county may sign the

7-40  document. If the office is not a statewide office, only the registered

7-41  voters of the county, district or municipality in question may sign

7-42  the document. The documents that are circulated for signature in a

7-43  county must be submitted to that county clerk for verification in the

7-44  manner prescribed in NRS 293.1276 to 293.1279, inclusive, not

7-45  later than 25 working days before the last day to file the petition

8-1  pursuant to subsection 4. Each person who signs the petition shall

8-2  add to his signature the address of the place at which he actually

8-3  resides, the date that he signs the petition and the name of the

8-4  county where he is registered to vote. The person who circulates

8-5  each document of the petition shall sign an affidavit attesting that

8-6  the signatures on the document are genuine to the best of his

8-7  knowledge and belief and were signed in his presence by persons

8-8  registered to vote in that county.

8-9  3.  The petition of candidacy may state the principle, if any,

8-10  which the person qualified represents.

8-11      4.  Petitions of candidacy must be filed not earlier than the first

8-12  Monday in May preceding the general election and not later than 5

8-13  p.m. on the [third] second Friday after the first Monday in May.

8-14      5.  No petition of candidacy may contain the name of more than

8-15  one candidate for each office to be filled.

8-16      6.  A person may not file as an independent candidate if he is

8-17  proposing to run as the candidate of a political party.

8-18      7.  The names of independent candidates must be placed on the

8-19  general election ballot and must not appear on the primary election

8-20  ballot.

8-21      8.  If the candidacy of any person seeking to qualify pursuant to

8-22  this section is challenged, all affidavits and documents in support of

8-23  the challenge must be filed not later than 5 p.m. on the fourth

8-24  Monday in May. Any judicial proceeding resulting from the

8-25  challenge must be set for hearing not more than 5 days after the

8-26  fourth Monday in May.

8-27      9.  Any challenge pursuant to subsection 8 must be filed with:

8-28      (a) The first judicial district court if the petition of candidacy

8-29  was filed with the Secretary of State.

8-30      (b) The district court for the county where the petition of

8-31  candidacy was filed if the petition was filed with a county clerk.

8-32      10.  An independent candidate for partisan office must file a

8-33  declaration of candidacy with the appropriate filing officer and pay

8-34  the fee required by NRS 293.193 not earlier than the first Monday in

8-35  May of the year in which the election is held nor later than 5 p.m. on

8-36  the [third] second Friday after the first Monday in May.

8-37      Sec. 5.  NRS 293.206 is hereby amended to read as follows:

8-38      293.206  1.  On or before the last day in May of every even-

8-39  numbered year, the county clerk shall provide the Secretary of State

8-40  and the Director of the Legislative Counsel Bureau with a copy or

8-41  electronic file of a map showing the boundaries of all election

8-42  precincts in the county together with a word description of the

8-43  boundaries of the precincts.

8-44      2.  If the Secretary of State determines that the boundaries of an

8-45  election precinct do not comply with the provisions of NRS

9-1  293.205, he must provide the county clerk with a written statement

9-2  of noncompliance setting forth the reasons the precinct is not in

9-3  compliance. Within 15 days after receiving the notice of

9-4  noncompliance, the county clerk shall make any adjustments to the

9-5  boundaries of the precinct which are required to bring the precinct

9-6  into compliance with the provisions of NRS 293.205 and he shall

9-7  submit a corrected copy or electronic file of the precinct map

9-8  together with a corrected word description of the altered boundaries

9-9  of the precinct to the Secretary of State and the Director of the

9-10  Legislative Counsel Bureau.

9-11      3.  If the initial or corrected election precinct map is not filed as

9-12  required pursuant to this section or the county clerk fails to make the

9-13  necessary changes to the boundaries of an election precinct pursuant

9-14  to subsection 2, the Secretary of State may establish appropriate

9-15  precinct boundaries in compliance with the provisions of NRS

9-16  293.205 to 293.213, inclusive. If the Secretary of State revises the

9-17  map or description pursuant to this subsection, he shall submit a

9-18  copy or electronic file of the revised map or description to the

9-19  Director of the Legislative Counsel Bureau and the appropriate

9-20  county clerk.

9-21      Sec. 6.  NRS 293.208 is hereby amended to read as follows:

9-22      293.208  1.  Except as otherwise provided in subsections 2, 3

9-23  and 5 and in NRS 293.206, no election precinct may be created,

9-24  divided, abolished or consolidated, or the boundaries thereof

9-25  changed, during the period between the third Wednesday in May of

9-26  any year whose last digit is 6 and the time when the Legislature has

9-27  been redistricted in a year whose last digit is 1, unless the creation,

9-28  division, abolishment or consolidation of the precinct, or the change

9-29  in boundaries thereof, is:

9-30      (a) Ordered by a court of competent jurisdiction;

9-31      (b) Required to meet objections to a precinct by the Attorney

9-32  General of the United States pursuant to the Voting Rights Act of

9-33  1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments

9-34  thereto;

9-35      (c) Required to comply with subsection 2 of NRS 293.205;

9-36      (d) Required by the incorporation of a new city; or

9-37      (e) Required by the creation of or change in the boundaries of a

9-38  special district.

9-39  As used in this subsection, “special district” means any general

9-40  improvement district or any other quasi-municipal corporation

9-41  organized under the local improvement and service district laws of

9-42  this state as enumerated in title 25 of NRS which is required by law

9-43  to hold elections or any fire protection district which is required by

9-44  law to hold elections.

10-1      2.  If a city annexes an unincorporated area located in the same

10-2  county as the city and adjacent to the corporate boundary, the

10-3  annexed area may be included in an election precinct immediately

10-4  adjacent to it.

10-5      3.  A new election precinct may be established at any time if it

10-6  lies entirely within the boundaries of any existing precinct.

10-7      4.  If a change in the boundaries of an election precinct is made

10-8  pursuant to this section during the time specified in subsection 1, the

10-9  county clerk must:

10-10     (a) Within 15 days after the change to the boundary of a precinct

10-11  is established by the county clerk or ordered by a court, send to the

10-12  Director of the Legislative Counsel Bureau and the Secretary of

10-13  State a copy or electronic file of a map showing the new boundaries

10-14  of the precinct together with a word description of the new

10-15  boundaries; and

10-16     (b) Maintain in his office an index providing the name of the

10-17  precinct and describing all changes which were made, including any

10-18  change in the name of the precinct and the name of any new precinct

10-19  created within the boundaries of an existing precinct.

10-20     5.  Cities of population categories two and three are exempt

10-21  from the provisions of subsection 1.

10-22     Sec. 7.  NRS 293.2175 is hereby amended to read as follows:

10-23     293.2175  1.  The county clerk may appoint a pupil as a

10-24  trainee for the position of election board officer. To qualify for such

10-25  an appointment, the pupil must be:

10-26     (a) A United States citizen, a resident of Nevada and a resident

10-27  of the county in which he serves;

10-28     (b) Enrolled as a senior in high school; and

10-29     (c) At the time of service, [enrolled in or have completed a high

10-30  school course in American government in accordance with NRS

10-31  389.020; and

10-32     (d) Performing at an academic level deemed acceptable by the

10-33  principal of the pupil’s high school.] at least 17 years of age.

10-34     2.  The county clerk may only appoint a pupil as a trainee if:

10-35     (a) The pupil is appointed without party affiliation;

10-36     (b) The county clerk sends the pupil a certificate stating the date

10-37  and hours that the pupil[, upon approval,] will act as a trainee;

10-38     (c) At least 20 days before the election in which the pupil will

10-39  act as a trainee, the principal of his high school receives the county

10-40  clerk’s certificate and a written request signed by his parent or

10-41  guardian to be excused from school for the time specified in the

10-42  certificate;

10-43     (d) The principal of the high school approves the pupil’s

10-44  request; and

11-1      (e) The pupil attends the training class required by

11-2  NRS 293B.260.

11-3      3.  [The] Except as otherwise provided in this subsection, the

11-4  county clerk may assign a trainee such duties as the county clerk

11-5  deems appropriate. The county clerk shall not [require] :

11-6      (a) Require the trainee to perform those duties later than 10 p.m.

11-7  or any applicable curfew, whichever is earlier[.] ; or

11-8      (b) Assign more than one trainee to serve as an election board

11-9  officer in any one precinct.

11-10     4.  The county clerk may compensate a trainee for his service at

11-11  the same rate fixed for election board officers generally.

11-12     Sec. 8.  NRS 293.227 is hereby amended to read as follows:

11-13     293.227  1.  Each election board consists of at least three

11-14  members, one of whom must be designated chairman by the county

11-15  or city clerk. The boards shall make the records of election required

11-16  by this chapter.

11-17     2.  The appointment of a trainee as set forth in NRS 293.2175

11-18  and 293C.222 may be used to determine the number of members on

11-19  the election board, but under no circumstances may [trainees

11-20  comprise more than one-third of the] :

11-21     (a) The election board of any precinct [or] include more than

11-22  one trainee; or

11-23     (b) A trainee serve as chairman of the election board.

11-24     3.  The county or city clerk shall conduct or cause to be

11-25  conducted, at least 5 days before the date of the election for which

11-26  the boards are appointed, a school to acquaint the chairmen with the

11-27  election laws, duties of election boards, regulations of the Secretary

11-28  of State and with the procedure for making the records of election

11-29  and using the register for election boards. If the person appointed

11-30  chairman is unable for any reason to attend the school, he shall

11-31  appoint some other member of his election board to attend the

11-32  school in his stead.

11-33     4.  The board of county commissioners of any county or the city

11-34  council of any city may reimburse the chairmen or their designees

11-35  who attend the school for their travel expenses at a rate not

11-36  exceeding 10 cents per mile.

11-37     5.  Each chairman shall instruct his board before election day.

11-38     Sec. 9.  NRS 293.262 is hereby amended to read as follows:

11-39     293.262  An absent ballot or a ballot voted by a voter who

11-40  resides in a mailing precinct must be voted [on] :

11-41     1.  On a paper ballot [or] ;

11-42     2.  On a ballot which is voted by punching a card[.] ; or

11-43     3.  By any other system approved by the Secretary of State or

11-44  specifically authorized by law.

 

12-1      Sec. 10.  NRS 293.2955 is hereby amended to read as follows:

12-2      293.2955  1.  Except as otherwise provided in subsection 2, at

12-3  all times during which a polling place is open, the polling place

12-4  must:

12-5      (a) Be accessible to a voter who is elderly or disabled; and

12-6      (b) Have at least one voting booth that is:

12-7          (1) Designed to allow a voter in a wheelchair to vote;

12-8          (2) Designated for use by a voter who is elderly or disabled;

12-9  and

12-10         (3) Equipped to allow a voter who is elderly or disabled to

12-11  vote with the same privacy as a voter who is not elderly or disabled.

12-12     2.  A polling place that does not comply with the provisions of

12-13  subsection 1 may be used if necessary because of a natural disaster,

12-14  including, without limitation, an earthquake, flood, fire or storm.

12-15     3.  At each polling place, the county clerk is encouraged to:

12-16     (a) Post in a conspicuous place, in at least 12-point type,

12-17  instructions for voting;

12-18     (b) Provide ballots in alternative audio and visual formats for

12-19  use by a voter who is elderly or disabled; and

12-20     (c) Provide, in alternative audio and visual formats for use by a

12-21  voter who is elderly or disabled, all materials that are:

12-22         (1) Related to the election; and

12-23         (2) Made available to a voter in printed form at the polling

12-24  place.

12-25     4.  As an alternative to carrying out the functions described in

12-26  subsection 3, if in the opinion of the county clerk the needs of

12-27  voters who are elderly or disabled requiring the use of specially

12-28  equipped voting devices will be best served by placing such devices

12-29  at centralized voting locations, he may so provide. If the county

12-30  clerk provides for the placement of specially equipped voting

12-31  devices at centralized locations, a voter who is elderly or disabled

12-32  and requires the use of such a device to be able to cast his ballot

12-33  without assistance may cast his ballot at any centralized voting

12-34  location designated by the county clerk.

12-35     Sec. 11.  NRS 293.313 is hereby amended to read as follows:

12-36     293.313  1.  Except as otherwise provided in NRS 293.272

12-37  and 293.502, a registered voter who provides sufficient written

12-38  notice to the county clerk may vote an absent ballot as provided in

12-39  this chapter.

12-40     2.  A registered voter who:

12-41     (a) Is at least 65 years of age; or

 

 

 

13-1      (b) Has a physical disability or condition which substantially

13-2  impairs his ability to go to the polling place,

13-3  may request an absent ballot for all elections held during the year he

13-4  requests an absent ballot. [The registered voter must include in his

13-5  request a description of his physical disability or condition.]

13-6      3.  As used in this section, “sufficient written notice” means a:

13-7      (a) Written request for an absent ballot which is signed by the

13-8  registered voter and returned to the county clerk in person or by

13-9  mail or facsimile machine;

13-10     (b) Form prescribed by the Secretary of State which is

13-11  completed and signed by the registered voter and returned to the

13-12  county clerk in person or by mail or facsimile machine; or

13-13     (c) Form provided by the Federal Government.

13-14     4.  A county clerk shall consider a request from a voter who has

13-15  given sufficient written notice on a form provided by the Federal

13-16  Government as a request for both the primary and general elections

13-17  unless otherwise specified in the request.

13-18     5.  It is unlawful for a person fraudulently to request an absent

13-19  ballot in the name of another person or to induce or coerce another

13-20  person fraudulently to request an absent ballot in the name of

13-21  another person. A person who violates this subsection is guilty

13-22  of a category E felony and shall be punished as provided in

13-23  NRS 193.130.

13-24     Sec. 12.  NRS 293.356 is hereby amended to read as follows:

13-25     293.356  1.  If a request is made to vote early by a registered

13-26  voter in person, the county clerk shall issue a ballot for early voting

13-27  to the voter. Such a ballot must be voted on the premises of the

13-28  clerk’s office and returned to the clerk. If the ballot is a paper ballot

13-29  , [or] a ballot which is voted by punching a card[,] or a ballot

13-30  which is voted by any other system approved by the Secretary of

13-31  State or specifically authorized by law, the clerk shall follow the

13-32  same procedure as in the case of absent ballots received by mail.

13-33     2.  On the dates for early voting prescribed in NRS 293.3568,

13-34  each county clerk shall provide a voting booth, with suitable

13-35  equipment for voting, on the premises of his office for use by

13-36  registered voters who are issued ballots for early voting in

13-37  accordance with this section.

13-38     Sec. 13.  NRS 293.3568 is hereby amended to read as follows:

13-39     293.3568  1.  The period for early voting by personal

13-40  appearance begins the third Saturday preceding a primary or general

13-41  election and extends through the Friday before election day,

13-42  Sundays and holidays excepted.

13-43     2.  The county clerk may:

13-44     (a) Include any Sunday or holiday that falls within the period for

13-45  early voting by personal appearance.

14-1      (b) Require a permanent polling place for early voting to remain

14-2  open until 8 p.m. on any Saturday that falls within the period for

14-3  early voting.

14-4      3.  A permanent polling place for early voting must remain

14-5  open:

14-6      (a) On Monday through Friday:

14-7          (1) During the first week of early voting, from 8 a.m. until

14-8  6 p.m.

14-9          (2) During the second week of early voting, from 8 a.m. until

14-10  6 p.m. or until 8 p.m. if the county clerk so requires.

14-11     (b) On any Saturday that falls within the period for early voting,

14-12  [from 10 a.m. until 6 p.m.] during such hours as the county clerk

14-13  may establish, but not less than a total of 4 hours.

14-14     (c) If the county clerk includes a Sunday that falls within the

14-15  period for early voting pursuant to subsection 2, during such hours

14-16  as he may establish.

14-17     Sec. 14.  NRS 293.3608 is hereby amended to read as follows:

14-18     293.3608  On election day the county clerk shall:

14-19     1.  Ensure that each mechanical recording device used during

14-20  the period for early voting provides a record [printed on paper] of

14-21  the total number of votes recorded on the device for each candidate

14-22  and for or against each measure; and

14-23     2.  Deliver to the central counting place:

14-24     (a) The items sorted and counted pursuant to subsection 3 of

14-25  NRS 293.3604;

14-26     (b) The records [printed on paper] provided pursuant to

14-27  subsection 1; and

14-28     (c) The storage device required pursuant to NRS 293B.084 from

14-29  each mechanical recording device used during the period for early

14-30  voting.

14-31     Sec. 15.  NRS 293.391 is hereby amended to read as follows:

14-32     293.391  1.  The voted ballots, rejected ballots, spoiled ballots,

14-33  challenge lists, voting receipts, records printed on paper of voted

14-34  ballots collected pursuant to NRS 293B.400, and stubs of the ballots

14-35  used, enclosed and sealed, must, after canvass of the votes by the

14-36  board of county commissioners, be deposited in the vaults of the

14-37  county clerk. The records of voted ballots that are maintained in

14-38  electronic form must be preserved by the county clerk in such a

14-39  manner as the county clerk may determine to be reasonably

14-40  calculated to safeguard those records. The tally lists and pollbooks

14-41  collected pursuant to NRS 293B.400 must, after canvass of the votes

14-42  by the board of county commissioners, be deposited in the vaults of

14-43  the county clerk without being sealed. All materials described by

14-44  this subsection must be preserved for at least 22 months and all

14-45  such sealed materials must be destroyed immediately after the

15-1  preservation period. A notice of the destruction must be published

15-2  by the clerk in at least one newspaper of general circulation in the

15-3  county not less than 2 weeks before the destruction.

15-4      2.  Unused ballots, enclosed and sealed, must, after canvass of

15-5  the votes by the board of county commissioners, be deposited in the

15-6  vaults of the county clerk and preserved for at least the period

15-7  during which the election may be contested and adjudicated, after

15-8  which the unused ballots may be destroyed.

15-9      3.  The pollbooks containing the signatures of those persons

15-10  who voted in the election and the tally lists deposited with the board

15-11  of county commissioners are subject to the inspection of any elector

15-12  who may wish to examine them at any time after their deposit with

15-13  the county clerk.

15-14     4.  A contestant of an election may inspect all of the material

15-15  regarding that election which is preserved pursuant to subsection 1

15-16  or 2, except the voted ballots.

15-17     5.  The voted ballots deposited with the county clerk are not

15-18  subject to the inspection of anyone, except in cases of contested

15-19  election, and then only by the judge, body or board before whom the

15-20  election is being contested, or by the parties to the contest, jointly,

15-21  pursuant to an order of such judge, body or board.

15-22     Sec. 16.  NRS 293.469 is hereby amended to read as follows:

15-23     293.469  Each county clerk is encouraged to:

15-24     1.  Not later than the earlier date of the notice provided pursuant

15-25  to NRS 293.203 or the first notice provided pursuant to subsection 3

15-26  of NRS 293.560, notify the public, through means designed to reach

15-27  members of the public who are elderly or disabled, of the provisions

15-28  of NRS 293.2955, 293.296, 293.313, subsection 1 of NRS 293.315,

15-29  NRS 293.316 and 293.3165.

15-30     2.  Provide in alternative audio and visual formats information

15-31  concerning elections, information concerning how to register to vote

15-32  and information concerning the manner of voting for use by a

15-33  person who is elderly or disabled, including, without limitation,

15-34  providing such information through a telecommunications device

15-35  that is accessible to a person who is deaf.

15-36     3.  Not later than 5 working days after receiving the request of

15-37  an elderly or disabled person, provide to the person, in a format that

15-38  can be used by the person, any requested material that is:

15-39     (a) Related to elections; and

15-40     (b) Made available by the county clerk to the public in printed

15-41  form.

15-42     Sec. 17.  NRS 293.481 is hereby amended to read as follows:

15-43     293.481  1.  Except as otherwise provided in subsection 2 or

15-44  NRS 295.121 or 295.217, every governing body of a political

15-45  subdivision, public or quasi-public corporation, or other local

16-1  agency authorized by law to submit questions to the qualified

16-2  electors or registered voters of a designated territory, when the

16-3  governing body decides to submit a question:

16-4      (a) At a general election, shall provide a copy of the question,

16-5  including an explanation of and arguments for and against the

16-6  question, to each county clerk within the designated territory on or

16-7  before the third Monday in July preceding the election.

16-8      (b) At a primary election, shall provide a copy of the question,

16-9  including an explanation of and arguments for and against the

16-10  question, to each county clerk within the designated territory on or

16-11  before the [third] second Friday after the first Monday in May

16-12  preceding the election.

16-13     (c) At any election other than a primary or general election at

16-14  which the county clerk gives notice of the election or otherwise

16-15  performs duties in connection therewith other than the registration

16-16  of electors and the making of records of registered voters available

16-17  for the election, shall provide a copy of the question, including an

16-18  explanation of and arguments for and against the question, to each

16-19  county clerk at least 60 days before the election.

16-20     (d) At any city election at which the city clerk gives notice of

16-21  the election or otherwise performs duties in connection therewith,

16-22  shall provide a copy of the question, including an explanation of and

16-23  arguments for and against the question, to the city clerk at least 60

16-24  days before the election.

16-25     2.  A question may be submitted after the dates specified in

16-26  subsection 1 if the question is expressly privileged or required to be

16-27  submitted pursuant to the provisions of Article 19 of the

16-28  Constitution of the State of Nevada, or pursuant to the provisions of

16-29  chapter 295 of NRS or any other statute except NRS 293.482,

16-30  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

16-31  authorizes the governing body to issue bonds upon the approval of

16-32  the voters.

16-33     3.  A county or city clerk may charge any political subdivision,

16-34  public or quasi-public corporation or other local agency which

16-35  submits a question a reasonable fee sufficient to pay for the

16-36  increased costs incurred in including the question, explanation and

16-37  arguments on the ballot.

16-38     Sec. 18.  NRS 293.518 is hereby amended to read as follows:

16-39     293.518  1.  At the time an elector registers to vote he must

16-40  indicate:

16-41     (a) His political party affiliation; or

16-42     (b) That he is not affiliated with a political party.

16-43  An elector who indicates that he is “independent” shall be deemed

16-44  not affiliated with a political party.

17-1      2.  If an elector indicates that he is not affiliated with a political

17-2  party, or that he is independent, the county clerk or field registrar of

17-3  voters shall list the elector’s political party as nonpartisan.

17-4      3.  If an elector indicates an affiliation with a major political

17-5  party or a minor political party that has filed a certificate of

17-6  existence with the Secretary of State, the county clerk or field

17-7  registrar of voters shall list the elector’s political party as indicated

17-8  by the elector.

17-9      4.  If an elector indicates an affiliation with a minor political

17-10  party that has not filed a certificate of existence with the Secretary

17-11  of State, the county clerk or field registrar of voters shall:

17-12     (a) List the elector’s political party as the party indicated in the

17-13  application to register to vote.

17-14     (b) When compiling data related to voter registration for the

17-15  county, report the elector’s political party as “other party.”

17-16     5.  If an elector does not make any of the indications

17-17  described in subsection 1, the county clerk or field registrar of

17-18  voters shall:

17-19     (a) List the elector’s political party as nonpartisan; and

17-20     (b) Mail to the elector a notice setting forth that the elector has

17-21  been registered to vote as a nonpartisan because the elector did

17-22  not make any of the indications described in subsection 1.

17-23     Sec. 19.  NRS 293.5235 is hereby amended to read as follows:

17-24     293.5235  1.  Except as otherwise provided in NRS 293.502, a

17-25  person may register to vote by mailing an application to register to

17-26  vote to the county clerk of the county in which he resides. The

17-27  county clerk shall, upon request, mail an application to register to

17-28  vote to an applicant. The county clerk shall make the applications

17-29  available at various public places in the county. An application to

17-30  register to vote may be used to correct information in the registrar of

17-31  voters’ register.

17-32     2.  An application to register to vote which is mailed to an

17-33  applicant by the county clerk or made available to the public at

17-34  various locations or voter registration agencies in the county may be

17-35  returned to the county clerk by mail or in person. For the purposes

17-36  of this section, an application which is personally delivered to the

17-37  county clerk shall be deemed to have been returned by mail.

17-38     3.  The applicant must complete and sign the application.

17-39     4.  The county clerk shall, upon receipt of an application,

17-40  determine whether the application is complete.

17-41     5.  If he determines that the application is complete, he shall,

17-42  within 10 days after he receives the application, mail to the

17-43  applicant:

18-1      (a) A notice informing him that he is registered to vote and a

18-2  voter registration card as required by subsection 6 of NRS 293.517;

18-3  or

18-4      (b) A notice informing him that the registrar of voters’ register

18-5  has been corrected to reflect any changes indicated on the

18-6  application.

18-7  The applicant shall be deemed to be registered or to have corrected

18-8  the information in the register as of the date the application is

18-9  postmarked or personally delivered.

18-10     6.  [If] Except as otherwise provided in subsection 5 of NRS

18-11  293.518, if the county clerk determines that the application is not

18-12  complete, he shall, as soon as possible, mail a notice to the applicant

18-13  informing him that additional information is required to complete

18-14  the application. If the applicant provides the information requested

18-15  by the county clerk within 15 days after the county clerk mails the

18-16  notice, the county clerk shall, within 10 days after he receives the

18-17  information, mail to the applicant:

18-18     (a) A notice informing him that he is registered to vote and a

18-19  voter registration card as required by subsection 6 of NRS 293.517;

18-20  or

18-21     (b) A notice informing him that the registrar of voters’ register

18-22  has been corrected to reflect any changes indicated on the

18-23  application.

18-24  The applicant shall be deemed to be registered or to have corrected

18-25  the information in the register as of the date the application is

18-26  postmarked or personally delivered. If the applicant does not

18-27  provide the additional information within the prescribed period, the

18-28  application is void.

18-29     7.  The Secretary of State shall prescribe the form for an

18-30  application to register to vote by mail which must be used to register

18-31  to vote by mail in this state. The application to register to vote by

18-32  mail must include a notice in at least 10-point type which states:

 

18-33     NOTICE: You are urged to return your application to

18-34  register to vote to the County Clerk in person or by mail. If

18-35  you choose to give your completed application to another

18-36  person to return to the County Clerk on your behalf, and the

18-37  person fails to deliver the application to the County Clerk,

18-38  you will not be registered to vote. Please retain the duplicate

18-39  copy or receipt from your application to register to vote.

 

18-40     8.  [The] Except as otherwise provided in subsection 5 of NRS

18-41  293.518, the county clerk shall not register a person to vote pursuant

18-42  to this section unless that person has provided all of the information

18-43  required by the application.

19-1      9.  The county clerk shall mail, by postcard, the notices

19-2  required pursuant to subsections 5 and 6. If the postcard is returned

19-3  to the county clerk by the United States Postal Service because the

19-4  address is fictitious or the person does not live at that address, the

19-5  county clerk shall attempt to determine whether the person’s current

19-6  residence is other than that indicated on his application to register to

19-7  vote in the manner set forth in NRS 293.530.

19-8      10.  A person who, by mail, registers to vote pursuant to this

19-9  section may be assisted in completing the application to register to

19-10  vote by any other person. The application must include the mailing

19-11  address and signature of the person who assisted the applicant. The

19-12  failure to provide the information required by this subsection will

19-13  not result in the application being deemed incomplete.

19-14     11.  An application to register to vote must be made available to

19-15  all persons, regardless of political party affiliation.

19-16     12.  An application must not be altered or otherwise defaced

19-17  after the applicant has completed and signed it. An application must

19-18  be mailed or delivered in person to the office of the county clerk

19-19  within 10 days after it is completed.

19-20     13.  A person who willfully violates any of the provisions of

19-21  subsection 10, 11 or 12 is guilty of a category E felony and shall be

19-22  punished as provided in NRS 193.130.

19-23     14.  The Secretary of State shall adopt regulations to carry out

19-24  the provisions of this section.

19-25     Sec. 20.  NRS 293.560 is hereby amended to read as follows:

19-26     293.560  1.  Except as otherwise provided in NRS 293.502,

19-27  registration must close at 9 p.m. on the fifth Saturday preceding any

19-28  primary or general election and at 9 p.m. on the third Saturday

19-29  preceding any recall or special election, except that if a recall or

19-30  special election is held on the same day as a primary or general

19-31  election, registration must close at 9 p.m. on the fifth Saturday

19-32  preceding the day of the elections.

19-33     2.  The offices of the county clerk and other ex officio registrars

19-34  must be open [from 9 a.m. to 5 p.m. and the office of the county

19-35  clerk must also be open from 7 p.m. to 9 p.m.,] for at least 11 hours

19-36  per day, including Saturdays, during the last days before the close of

19-37  registration, according to the following schedule:

19-38     (a) In a county whose population is less than 100,000, those

19-39  offices must be open during the last 3 days before registration

19-40  closes.

19-41     (b) In all other counties, those offices must be open during the

19-42  last 5 days before registration closes.

19-43     3.  Except for a special election held pursuant to chapter 306 or

19-44  350 of NRS:

20-1      (a) The county clerk of each county shall cause a notice signed

20-2  by him to be published in a newspaper having a general circulation

20-3  in the county indicating the day that registration will be closed. If no

20-4  such newspaper is published in the county, the publication may be

20-5  made in a newspaper of general circulation published in the nearest

20-6  county in this state.

20-7      (b) The notice must be published once each week for 4

20-8  consecutive weeks next preceding the close of registration for any

20-9  election.

20-10     4.  The offices of the county clerk and other ex officio registrars

20-11  may remain open on the last Friday in October in each even-

20-12  numbered year.

20-13     Sec. 21.  NRS 293.563 is hereby amended to read as follows:

20-14     293.563  1.  During the interval between the closing of

20-15  registration and [5 days before] the election, the county clerk shall:

20-16     (a) In counties where records of registration are not kept by

20-17  computer, prepare for each precinct or district a binder containing in

20-18  alphabetical order the original applications to register to vote of the

20-19  electors in the precinct or district. The binder constitutes the election

20-20  board register.

20-21     (b) In counties where records of registration are kept by

20-22  computer, have printed and placed in a binder for each precinct or

20-23  district a computer listing in alphabetical order of the applications to

20-24  register to vote of the electors in the precinct or district. The binder

20-25  constitutes the election board register.

20-26     2.  Each election board register must be delivered or caused to

20-27  be delivered by the county or city clerk to an election officer of the

20-28  proper precinct or district before the opening of the polls.

20-29     Sec. 22.  NRS 293.565 is hereby amended to read as follows:

20-30     293.565  1.  Except as otherwise provided in subsection 2,

20-31  sample ballots must include:

20-32     (a) The fiscal note, as provided pursuant to NRS 218.443 or

20-33  293.250, for each proposed constitutional amendment or statewide

20-34  measure;

20-35     (b) An explanation, as provided pursuant to NRS 218.443, of

20-36  each proposed constitutional amendment or statewide measure,

20-37  including arguments for and against it; and

20-38     (c) The full text of each proposed constitutional amendment.

20-39     2.  Sample ballots that are mailed to registered voters may be

20-40  printed without the full text of each proposed constitutional

20-41  amendment if:

20-42     (a) The cost of printing the sample ballots would be significantly

20-43  reduced if the full text of each proposed constitutional amendment

20-44  were not included;

21-1      (b) The county clerk ensures that a sample ballot that includes

21-2  the full text of each proposed constitutional amendment is provided

21-3  at no charge to each registered voter who requests such a sample

21-4  ballot; and

21-5      (c) The sample ballots provided to each polling place include the

21-6  full text of each proposed constitutional amendment.

21-7      3.  At least 10 days before any election, the county clerk shall

21-8  cause to be mailed to each registered voter in the county a sample

21-9  ballot for his precinct with a notice informing the voter of the

21-10  location of his polling place. If the location of the polling place has

21-11  changed since the last election:

21-12     (a) The county clerk shall mail a notice of the change to each

21-13  registered voter in the county not sooner than 10 days before

21-14  mailing the sample ballots; or

21-15     (b) The sample ballot must also include a notice in bold type

21-16  immediately above the location which states:

 

21-17  NOTICE: THE LOCATION OF YOUR POLLING PLACE

21-18  HAS CHANGED SINCE THE LAST ELECTION

 

21-19     4.  Except as otherwise provided in subsection 5, a sample

21-20  ballot required to be mailed pursuant to this section must:

21-21     (a) Be printed in at least 12-point type; and

21-22     (b) Include on the front page, in a separate box created by bold

21-23  lines, a notice printed in at least 20-point bold type that states:

 

21-24  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

21-25  LARGE TYPE, CALL (Insert appropriate telephone number)

 

21-26     5.  A portion of a sample ballot that contains a facsimile of the

21-27  display area of a voting device may include material in less than

21-28  12-point type to the extent necessary to make the facsimile fit on the

21-29  pages of the sample ballot.

21-30     6.  The sample ballot mailed to a person who requests a sample

21-31  ballot in large type by exercising the option provided pursuant to

21-32  NRS 293.508, or in any other manner, must be printed in at least

21-33  14-point type, or larger when practicable.

21-34     7.  If a person requests a sample ballot in large type, the county

21-35  clerk shall ensure that all future sample ballots mailed to that person

21-36  from the county are in large type.

21-37     8.  The county clerk shall include in each sample ballot a

21-38  statement indicating that the county clerk will, upon request of a

21-39  voter who is elderly or disabled, make reasonable accommodations

21-40  to allow the voter to vote at his polling place and provide reasonable

21-41  assistance to the voter in casting his vote, including, without

22-1  limitation, providing appropriate materials to assist the voter. In

22-2  addition, if the county clerk has provided pursuant to subsection 4

22-3  of NRS 293.2955 for the placement at centralized voting locations

22-4  of specially equipped voting devices for use by voters who are

22-5  elderly or disabled, the county clerk shall include in the sample

22-6  ballot a statement indicating:

22-7      (a) The addresses of such centralized voting locations;

22-8      (b) The types of specially equipped voting devices available at

22-9  such centralized voting locations; and

22-10     (c) That a voter who is elderly or disabled may cast his ballot

22-11  at such a centralized voting location rather than at his regularly

22-12  designated polling place.

22-13     9.  The cost of mailing sample ballots for any election other

22-14  than a primary or general election must be borne by the political

22-15  subdivision holding the election.

22-16     Sec. 23.  NRS 293B.084 is hereby amended to read as follows:

22-17     293B.084  A mechanical recording device which directly

22-18  records votes electronically must:

22-19     1.  Bear a number which identifies that mechanical recording

22-20  device.

22-21     2.  Be equipped with a storage device which:

22-22     (a) Stores the ballots voted on the mechanical recording device;

22-23     (b) Can be removed from the mechanical recording device for

22-24  the purpose of transporting the ballots stored therein to a central

22-25  counting place; and

22-26     (c) Bears the same number as the mechanical recording device.

22-27     3.  Be designed in such a manner that voted ballots may be

22-28  stored within the mechanical recording device and the storage

22-29  device required pursuant to subsection 2 at the same time.

22-30     4.  [Provide] Be capable of providing a record printed on paper

22-31  of:

22-32     (a) Each ballot voted on the mechanical recording device; and

22-33     (b) The total number of votes recorded on the mechanical

22-34  recording device for each candidate and for or against each measure.

22-35     Sec. 24.  NRS 293B.265 is hereby amended to read as follows:

22-36     293B.265  1.  A member of an election board shall not serve in

22-37  any election at which a mechanical voting system is used unless he

22-38  has received instruction and is fully qualified to perform his duties

22-39  in connection with the system.

22-40     2.  NRS 293B.220 to [293B.280,] 293B.283, inclusive, do not

22-41  prevent the appointment and service of a member of an election

22-42  board to fill a vacancy in an emergency.

 

 

 

23-1      Sec. 25.  NRS 293B.400 is hereby amended to read as follows:

23-2      293B.400  [The]

23-3      1.  Except as otherwise provided in this section, if a recount is

23-4  demanded pursuant to the provisions of NRS 293.403 or if an

23-5  election is contested pursuant to NRS 293.407, the county or city

23-6  clerk shall ensure that each mechanical recording device which

23-7  directly [records] recorded votes electronically for the applicable

23-8  election provides a record printed on paper of each ballot voted on

23-9  that device . [as required by paragraph (a) of subsection 4 of NRS

23-10  293B.084 not later than 10 days after the election. The]

23-11     2.  In carrying out the requirements of this section, the county

23-12  or city clerk shall [collect] :

23-13     (a) Print only the records required for the recount or contest;

23-14  and

23-15     (b) Collect those records and deposit them in the vaults of the

23-16  county clerk pursuant to NRS 293.391.

23-17     Sec. 26.  NRS 293C.185 is hereby amended to read as follows:

23-18     293C.185  1.  Except as otherwise provided in NRS 293C.190,

23-19  a name may not be printed on a ballot to be used at a primary city

23-20  election, unless the person named has filed a declaration of

23-21  candidacy or an acceptance of candidacy and paid the fee

23-22  established by the governing body of the city not earlier than 70

23-23  days before the primary city election and not later than 5 p.m. on the

23-24  60th day before the primary city election.

23-25     2.  A declaration of candidacy required to be filed by this

23-26  section must be in substantially the following form:

 

23-27  Declaration of Candidacy of ........ for the

23-28  Office of ................

 

23-29  State of Nevada

 

23-30  City of.............  

 

23-31  For the purpose of having my name placed on the official ballot as a

23-32  candidate for the office of ................, I, the undersigned ................,

23-33  do swear or affirm under penalty of perjury that I actually, as

23-34  opposed to constructively, reside at ......................, in the City or

23-35  Town of ................, County of .................., State of Nevada; that my

23-36  actual, as opposed to constructive, residence in the city, township or

23-37  other area prescribed by law to which the office pertains began on a

23-38  date at least 30 days immediately preceding the date of the close of

23-39  filing of declarations of candidacy for this office; that my telephone

23-40  number is …….., and the address at which I receive mail, if

23-41  different than my residence, is ……….; that if nominated as a

24-1  candidate at the ensuing election I will accept the nomination and

24-2  not withdraw; that I will not knowingly violate any election law or

24-3  any law defining and prohibiting corrupt and fraudulent practices in

24-4  campaigns and elections in this state; that I will qualify for the

24-5  office if elected thereto, including, but not limited to, complying

24-6  with any limitation prescribed by the Constitution and laws of this

24-7  state concerning the number of years or terms for which a person

24-8  may hold the office; and my name will appear on all ballots as

24-9  designated in this declaration.

 

24-10                                                                              .........................................

 

24-11                                       (Designation of name)

 

24-12                                    .........................................

24-13                             (Signature of candidate for office)

 

24-14  Subscribed and sworn to before

24-15  me this ..... day of the month of ……… of the year ……

 

24-16  ......................................

24-17  Notary Public or other person

24-18  authorized to administer an oath

 

24-19     3.  A person may be a candidate under his given name and

24-20  surname, a contraction or familiar form of his given name followed

24-21  by his surname or the initial of his given name followed by his

24-22  surname. A nickname of not more than 10 letters may be

24-23  incorporated into a candidate’s name. The nickname must be in

24-24  quotation marks and appear immediately before the candidate’s

24-25  surname. A nickname must not indicate any political, economic,

24-26  social or religious view or affiliation and must not be the name of

24-27  any person, living or dead, whose reputation is known on a

24-28  statewide, nationwide or worldwide basis, or in any other manner

24-29  deceive a voter concerning the person or principles for which he is

24-30  voting.

24-31     4.  The address of a candidate that must be included in the

24-32  declaration or acceptance of candidacy pursuant to subsection 2

24-33  must be the street address of the residence where he actually, as

24-34  opposed to constructively, resides in accordance with NRS 281.050,

24-35  if one has been assigned. The declaration or acceptance of

24-36  candidacy must not be accepted for filing if the candidate’s address

24-37  is listed as a post office box unless a street address has not been

24-38  assigned to his residence.

25-1      5.  Before accepting a declaration of candidacy or an

25-2  acceptance of candidacy, the city clerk shall require the candidate

25-3  to provide identification, including, without limitation, a driver’s

25-4  license or other official document, indicating the candidate’s

25-5  current address.

25-6      6.  By filing the declaration or acceptance of candidacy, the

25-7  candidate shall be deemed to have appointed the city clerk as his

25-8  agent for service of process for the purposes of a proceeding

25-9  pursuant to NRS 293C.186. Service of such process must first be

25-10  attempted at the appropriate address as specified by the candidate in

25-11  the declaration or acceptance of candidacy. If the candidate cannot

25-12  be served at that address, service must be made by personally

25-13  delivering to and leaving with the city clerk duplicate copies of the

25-14  process. The city clerk shall immediately send, by registered or

25-15  certified mail, one of the copies to the candidate at his specified

25-16  address, unless the candidate has designated in writing to the city

25-17  clerk a different address for that purpose, in which case the city

25-18  clerk shall mail the copy to the last address so designated.

25-19     Sec. 27.  NRS 293C.222 is hereby amended to read as follows:

25-20     293C.222  1.  The city clerk may appoint a pupil as a trainee

25-21  for the position of election board officer. To qualify for such an

25-22  appointment, the pupil must be:

25-23     (a) A United States citizen, a resident of Nevada and a resident

25-24  of the city in which he serves;

25-25     (b) Enrolled as a senior in high school; and

25-26     (c) At the time of service, [enrolled in or have completed a high

25-27  school course in American government in accordance with NRS

25-28  389.020; and

25-29     (d) Performing at an academic level deemed acceptable by the

25-30  principal of the pupil’s high school.] at least 17 years of age.

25-31     2.  The city clerk may only appoint a pupil as a trainee if:

25-32     (a) The pupil is appointed without party affiliation;

25-33     (b) The city clerk sends the pupil a certificate stating the date

25-34  and hours that the pupil[, upon approval,] will act as a trainee;

25-35     (c) At least 20 days before the election in which the pupil will

25-36  act as a trainee, the principal of his high school receives the city

25-37  clerk’s certificate and a written request signed by his parent or

25-38  guardian to be excused from school for the time specified in the

25-39  certificate;

25-40     (d) The principal of the high school approves the pupil’s

25-41  request; and

25-42     (e) The pupil attends the training class required by

25-43  NRS 293B.260.

26-1      3.  [The] Except as otherwise provided in this subsection, the

26-2  city clerk may assign a trainee such duties as the city clerk deems

26-3  appropriate. The city clerk shall not [require] :

26-4      (a) Require the trainee to perform those duties later than

26-5  10 p.m., or any applicable curfew, whichever is earlier[.] ; or

26-6      (b) Assign more than one trainee to serve as an election board

26-7  officer in any one precinct.

26-8      4.  The city clerk may compensate a trainee for his service at

26-9  the same rate fixed for election board officers generally.

26-10     Sec. 28.  NRS 293C.281 is hereby amended to read as follows:

26-11     293C.281  1.  Except as otherwise provided in subsection 2, at

26-12  all times during which a polling place is open, the polling place

26-13  must:

26-14     (a) Be accessible to a voter who is elderly or disabled; and

26-15     (b) Have at least one voting booth that is:

26-16         (1) Designed to allow a voter in a wheelchair to vote;

26-17         (2) Designated for use by a voter who is elderly or disabled;

26-18  and

26-19         (3) Equipped to allow a voter who is elderly or disabled to

26-20  vote with the same privacy as a voter who is not elderly or disabled.

26-21     2.  A polling place that does not comply with the provisions of

26-22  subsection 1 may be used if necessary because of a natural disaster,

26-23  including, without limitation, an earthquake, flood, fire or storm.

26-24     3.  At each polling place, the city clerk is encouraged to:

26-25     (a) Post in a conspicuous place, in at least 12-point type,

26-26  instructions for voting;

26-27     (b) Provide ballots in alternative audio and visual formats for

26-28  use by a voter who is elderly or disabled; and

26-29     (c) Provide, in alternative audio and visual formats for use by a

26-30  voter who is elderly or disabled, all materials that are:

26-31         (1) Related to the election; and

26-32         (2) Made available to a voter in printed form at the polling

26-33  place.

26-34     4.  As an alternative to carrying out the functions described in

26-35  subsection 3, if in the opinion of the city clerk the needs of voters

26-36  who are elderly or disabled requiring the use of specially equipped

26-37  voting devices will be best served by placing such devices at

26-38  centralized voting locations, he may so provide. If the city clerk

26-39  provides for the placement of specially equipped voting devices at

26-40  centralized locations, a voter who is elderly or disabled and

26-41  requires the use of such a device to be able to cast his ballot

26-42  without assistance may cast his ballot at any centralized voting

26-43  location designated by the city clerk.

 

 

27-1      Sec. 29.  NRS 293C.310 is hereby amended to read as follows:

27-2      293C.310  1.  Except as otherwise provided in NRS 293.502

27-3  and 293C.265, a registered voter who provides sufficient written

27-4  notice to the city clerk may vote an absent ballot as provided in this

27-5  chapter.

27-6      2.  A registered voter who:

27-7      (a) Is at least 65 years of age; or

27-8      (b) Has a physical disability or condition that substantially

27-9  impairs his ability to go to the polling place,

27-10  may request an absent ballot for all elections held during the year he

27-11  requests an absent ballot. [The registered voter must include in his

27-12  request a description of his physical disability or condition.]

27-13     3.  As used in this section, “sufficient written notice” means a:

27-14     (a) Written request for an absent ballot that is signed by the

27-15  registered voter and returned to the city clerk in person or by mail or

27-16  facsimile machine;

27-17     (b) Form prescribed by the Secretary of State that is completed

27-18  and signed by the registered voter and returned to the city clerk in

27-19  person or by mail or facsimile machine; or

27-20     (c) Form provided by the Federal Government.

27-21     4.  A city clerk shall consider a request from a voter who has

27-22  given sufficient written notice on a form provided by the Federal

27-23  Government as a request for the primary city election and the

27-24  general city election unless otherwise specified in the request.

27-25     5.  It is unlawful for a person fraudulently to request an absent

27-26  ballot in the name of another person or to induce or coerce another

27-27  person fraudulently to request an absent ballot in the name of

27-28  another person. A person who violates any provision of this

27-29  subsection is guilty of a category E felony and shall be punished as

27-30  provided in NRS 193.130.

27-31     Sec. 30.  NRS 293C.3568 is hereby amended to read as

27-32  follows:

27-33     293C.3568  1.  The period for early voting by personal

27-34  appearance begins the third Saturday preceding a primary city

27-35  election or general city election, and extends through the Friday

27-36  before election day, Sundays and holidays excepted.

27-37     2.  The city clerk may:

27-38     (a) Include any Sunday or holiday that falls within the period for

27-39  early voting by personal appearance.

27-40     (b) Require a permanent polling place for early voting to remain

27-41  open until 8 p.m. on any Saturday that falls within the period for

27-42  early voting.

27-43     3.  A permanent polling place for early voting must remain

27-44  open:

 

28-1      (a) On Monday through Friday:

28-2          (1) During the first week of early voting, from 8 a.m. until

28-3  6 p.m.

28-4          (2) During the second week of early voting, from 8 a.m. until

28-5  6 p.m. or until 8 p.m. if the city clerk so requires.

28-6      (b) On any Saturday that falls within the period for early voting,

28-7  from [10 a.m. until 6 p.m.] during such hours as the city clerk may

28-8  establish, but not less than a total of 4 hours.

28-9      (c) If the city clerk includes a Sunday that falls within the period

28-10  for early voting pursuant to subsection 2, during such hours as he

28-11  may establish.

28-12     Sec. 31.  NRS 293C.390 is hereby amended to read as follows:

28-13     293C.390  1.  The voted ballots, rejected ballots, spoiled

28-14  ballots, challenge lists, voting receipts, records printed on paper of

28-15  voted ballots collected pursuant to NRS 293B.400, and stubs of the

28-16  ballots used, enclosed and sealed, must, after canvass of the votes by

28-17  the governing body of the city, be deposited in the vaults of the city

28-18  clerk. The records of voted ballots that are maintained in

28-19  electronic form must be preserved by the city clerk in such a

28-20  manner as the city clerk may determine to be reasonably

28-21  calculated to safeguard those records. The tally lists and pollbooks

28-22  collected pursuant to NRS 293B.400 must, after canvass of the votes

28-23  by the governing body of the city, be deposited in the vaults of the

28-24  city clerk without being sealed. All materials described by this

28-25  subsection must be preserved for at least 22 months and all such

28-26  sealed materials must be destroyed immediately after that period. A

28-27  notice of the destruction must be published by the city clerk in at

28-28  least one newspaper of general circulation in the city, or if no

28-29  newspaper is of general circulation in that city, in a newspaper of

28-30  general circulation in the nearest city, not less than 2 weeks before

28-31  the destruction of the materials.

28-32     2.  Unused ballots, enclosed and sealed, must, after canvass of

28-33  the votes by the governing body of the city, be deposited in the

28-34  vaults of the city clerk and preserved for at least the period during

28-35  which the election may be contested and adjudicated, after which

28-36  the unused ballots may be destroyed.

28-37     3.  The pollbooks containing the signatures of those persons

28-38  who voted in the election and the tally lists deposited with the

28-39  governing body of the city are subject to the inspection of any

28-40  elector who may wish to examine them at any time after their

28-41  deposit with the city clerk.

28-42     4.  A contestant of an election may inspect all of the material

28-43  relating to that election which is preserved pursuant to subsection 1

28-44  or 2, except the voted ballots.

29-1      5.  The voted ballots deposited with the city clerk are not

29-2  subject to the inspection of any person, except in a contested

29-3  election, and only by the judge, body or board before whom the

29-4  election is being contested, or by the parties to the contest, jointly,

29-5  pursuant to an order of the judge, body or board.

29-6      Sec. 32.  NRS 293C.527 is hereby amended to read as follows:

29-7      293C.527  1.  Except as otherwise provided in NRS 293.502,

29-8  registration must close at 9 p.m. on the fifth Saturday preceding any

29-9  primary city election or general city election and at 9 p.m. on the

29-10  third Saturday preceding any recall or special election, except that if

29-11  a recall or special election is held on the same day as a primary city

29-12  election or general city election, registration must close at 9 p.m. on

29-13  the fifth Saturday preceding the day of the elections.

29-14     2.  The offices of the city and county clerk and other ex officio

29-15  registrars must be open [from 9 a.m. to 5 p.m. and the offices of the

29-16  city and county clerk must also be open from 7 p.m. to 9 p.m.,] for

29-17  at least 11 hours per day, including Saturdays, during the last days

29-18  before the close of registration before a primary city election or

29-19  general city election, according to the following schedule:

29-20     (a) In a city whose population is less than 25,000, those offices

29-21  must be open during the last 3 days before registration closes.

29-22     (b) In a city whose population is 25,000 or more, those offices

29-23  must be open during the last 5 days before registration closes.

29-24     3.  Except for a special election held pursuant to chapter 306 or

29-25  350 of NRS:

29-26     (a) The city clerk of each city shall cause a notice signed by him

29-27  to be published in a newspaper having a general circulation in the

29-28  city indicating the day that registration will be closed. If no

29-29  newspaper is of general circulation in that city, the publication may

29-30  be made in a newspaper of general circulation in the nearest city in

29-31  this state.

29-32     (b) The notice must be published once each week for 4

29-33  consecutive weeks next preceding the close of registration for any

29-34  election.

29-35     Sec. 33.  NRS 293C.530 is hereby amended to read as follows:

29-36     293C.530  1.  At least 10 days before an election, the city

29-37  clerk shall cause to be mailed to each registered voter in the city a

29-38  sample ballot for his precinct with a notice informing the voter of

29-39  the location of his polling place. If the location of the polling place

29-40  has changed since the last election:

29-41     (a) The city clerk shall mail a notice of the change to each

29-42  registered voter in the city not sooner than 10 days before mailing

29-43  the sample ballots; or

29-44     (b) The sample ballot must also include a notice in bold type

29-45  immediately above the location which states:

30-1  NOTICE: THE LOCATION OF YOUR POLLING PLACE

30-2  HAS CHANGED SINCE THE LAST ELECTION

 

30-3      2.  Except as otherwise provided in subsection 3, a sample

30-4  ballot required to be mailed pursuant to this section must:

30-5      (a) Be printed in at least 12-point type; and

30-6      (b) Include on the front page, in a separate box created by bold

30-7  lines, a notice printed in at least 20-point bold type that states:

 

30-8  NOTICE: TO RECEIVE A SAMPLE BALLOT IN

30-9  LARGE TYPE, CALL (Insert appropriate telephone number)

 

30-10     3.  A portion of a sample ballot that contains a facsimile of the

30-11  display area of a voting device may include material in less than

30-12  12-point type to the extent necessary to make the facsimile fit on the

30-13  pages of the sample ballot.

30-14     4.  The sample ballot mailed to a person who requests a sample

30-15  ballot in large type by exercising the option provided pursuant to

30-16  NRS 293.508, or in any other manner, must be printed in at least

30-17  14-point type, or larger when practicable.

30-18     5.  If a person requests a sample ballot in large type, the city

30-19  clerk shall ensure that all future sample ballots mailed to that person

30-20  from the city are in large type.

30-21     6.  The city clerk shall include in each sample ballot a statement

30-22  indicating that the city clerk will, upon request of a voter who is

30-23  elderly or disabled, make reasonable accommodations to allow the

30-24  voter to vote at his polling place and provide reasonable assistance

30-25  to the voter in casting his vote, including, without limitation,

30-26  providing appropriate materials to assist the voter. In addition, if

30-27  the city clerk has provided pursuant to subsection 4 of NRS

30-28  293C.281 for the placement at centralized voting locations of

30-29  specially equipped voting devices for use by voters who are elderly

30-30  or disabled, the city clerk shall include in the sample ballot a

30-31  statement indicating:

30-32     (a) The addresses of such centralized voting locations;

30-33     (b) The types of specially equipped voting devices available at

30-34  such centralized voting locations; and

30-35     (c) That a voter who is elderly or disabled may cast his ballot

30-36  at such a centralized voting location rather than at his regularly

30-37  designated polling place.

30-38     7.  The cost of mailing sample ballots for a city election must

30-39  be borne by the city holding the election.

 

 

 

31-1      Sec. 34.  NRS 293C.720 is hereby amended to read as follows:

31-2      293C.720  Each city clerk is encouraged to:

31-3      1.  Not later than the earlier date of the first notice provided

31-4  pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify

31-5  the public, through means designed to reach members of the public

31-6  who are elderly or disabled, of the provisions of NRS 293C.281,

31-7  293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS

31-8  293C.317 and 293C.318.

31-9      2.  Provide in alternative audio and visual formats information

31-10  concerning elections, information concerning how to register to vote

31-11  and information concerning the manner of voting for use by a

31-12  person who is elderly or disabled, including, without limitation,

31-13  providing such information through a telecommunications device

31-14  that is accessible to a person who is deaf.

31-15     3.  Not later than 5 working days after receiving the request of

31-16  an elderly or disabled person, provide to the person, in a format that

31-17  can be used by the person, any requested material that is:

31-18     (a) Related to elections; and

31-19     (b) Made available by the city clerk to the public in printed

31-20  form.

31-21     Sec. 35.  NRS 295.121 is hereby amended to read as follows:

31-22     295.121  1.  In a county whose population is 100,000 or more,

31-23  for each county-wide initiative, referendum or other question to be

31-24  placed on the ballot by the board , [or county clerk,] including,

31-25  without limitation, pursuant to NRS 293.482, 295.115 or 295.160,

31-26  the board shall, in consultation with the county clerk pursuant to

31-27  subsection 4, appoint two committees. Except as otherwise provided

31-28  in subsection 2, one committee must be composed of three persons

31-29  who favor approval by the voters of the initiative, referendum or

31-30  other question and the other committee must be composed of three

31-31  persons who oppose approval by the voters of the initiative,

31-32  referendum or other question.

31-33     2.  If, after consulting with the county clerk pursuant to

31-34  subsection 4, the board is unable to appoint three persons who are

31-35  willing to serve on a committee, the board may appoint fewer than

31-36  three persons to that committee, but the board must appoint at least

31-37  one person to each committee appointed pursuant to this section.

31-38     3.  With respect to a committee appointed pursuant to this

31-39  section:

31-40     (a) A person may not serve simultaneously on the committee

31-41  that favors approval by the voters of an initiative, referendum or

31-42  other question and the committee that opposes approval by the

31-43  voters of that initiative, referendum or other question.

31-44     (b) Members of the committee serve without compensation.

32-1      (c) The term of office for each member commences upon

32-2  appointment and expires upon the publication of the sample ballot

32-3  containing the initiative, referendum or other question.

32-4      4.  Before the board appoints a committee pursuant to this

32-5  section, the county clerk shall:

32-6      (a) Recommend to the board persons to be appointed to the

32-7  committee; and

32-8      (b) Consider recommending pursuant to paragraph (a):

32-9          (1) Any person who has expressed an interest in serving on

32-10  the committee; and

32-11         (2) A person who is a member of an organization that has

32-12  expressed an interest in having a member of the organization serve

32-13  on the committee.

32-14     5.  If the board of a county whose population is 100,000 or

32-15  more fails to appoint a committee as required pursuant to this

32-16  section, the county clerk shall appoint the committee.

32-17     6.  A committee appointed pursuant to this section:

32-18     (a) Shall elect a chairman for the committee;

32-19     (b) Shall meet and conduct its affairs as necessary to fulfill the

32-20  requirements of this section;

32-21     (c) May seek and consider comments from the general public;

32-22     (d) Shall, based on whether the members were appointed to

32-23  advocate or oppose approval by the voters of the initiative,

32-24  referendum or other question, prepare an argument either advocating

32-25  or opposing approval by the voters of the initiative, referendum or

32-26  other question;

32-27     (e) Shall prepare a rebuttal to the argument prepared by the other

32-28  committee appointed pursuant to this section; and

32-29     (f) Shall submit the argument and rebuttal prepared pursuant to

32-30  paragraphs (d) and (e) to the county clerk not later than the date

32-31  prescribed by the county clerk pursuant to subsection 7.

32-32     7.  The county clerk of a county whose population is 100,000 or

32-33  more shall provide, by rule or regulation:

32-34     (a) The maximum permissible length of an argument or rebuttal

32-35  prepared pursuant to this section; and

32-36     (b) The date by which an argument or rebuttal prepared pursuant

32-37  to this section must be submitted by the committee to the county

32-38  clerk.

32-39     8.  Upon receipt of an argument or rebuttal prepared pursuant to

32-40  this section, the county clerk:

32-41     (a) May consult with persons who are generally recognized by a

32-42  national or statewide organization as having expertise in the field or

32-43  area to which the initiative, referendum or other question pertains;

32-44  and

33-1      (b) Shall reject each statement in the argument or rebuttal that he

33-2  believes is libelous or factually inaccurate.

33-3  Not later than 5 days after the county clerk rejects a statement

33-4  pursuant to this subsection, the committee may appeal that rejection

33-5  to the district attorney. The district attorney shall review the

33-6  statement and the reasons for its rejection and may receive evidence,

33-7  documentary or testimonial, to aid him in his decision. Not later

33-8  than 3 business days after the appeal by the committee, the district

33-9  attorney shall issue his decision rejecting or accepting the statement.

33-10  The decision of the district attorney is a final decision for the

33-11  purposes of judicial review.

33-12     9.  The county clerk shall place in the sample ballot provided to

33-13  the registered voters of the county each argument and rebuttal

33-14  prepared pursuant to this section, containing all statements that were

33-15  not rejected pursuant to subsection 8. The county clerk may revise

33-16  the language submitted by the committee so that it is clear, concise

33-17  and suitable for incorporation in the sample ballot, but shall not alter

33-18  the meaning or effect without the consent of the committee.

33-19     10.  In a county whose population is less than 100,000:

33-20     (a) The board may appoint committees pursuant to this section.

33-21     (b) If the board appoints committees pursuant to this section, the

33-22  county clerk shall provide for rules or regulations pursuant to

33-23  subsection 7.

33-24     11.  The provisions of chapter 241 of NRS do not apply to any

33-25  consultations, deliberations, hearings or meetings conducted

33-26  pursuant to this section.

33-27     Sec. 36.  NRS 318.09525 is hereby amended to read as

33-28  follows:

33-29     318.09525  1.  Any person residing within a district who is

33-30  otherwise qualified to vote at general elections in this state may

33-31  register to vote in district elections by appearing before the county

33-32  clerk or registrar of voters of the county in which the district is

33-33  located and completing an application to register to vote in

33-34  accordance with the general election laws of this state. Registration

33-35  for a district election which is not held simultaneously with a

33-36  general election must close at 5 p.m. of the fifth Friday preceding

33-37  the district election and registration offices must be open [from

33-38  9 a.m. to 5 p.m.,] for at least 11 hours per day, excluding

33-39  Saturdays, during the last days before the close of registration. If a

33-40  person residing within a district is otherwise registered to vote, new

33-41  registration for district elections is not required.

33-42     2.  The county clerk or registrar of voters shall, at the expense

33-43  of the district, prepare and maintain a list of all registered voters

33-44  residing within the district. The county clerk or registrar of voters is

33-45  entitled to receive on behalf of the county the sum of 15 cents for

34-1  each registration placed on the list. All money so received must be

34-2  deposited to the credit of the general fund of the county.

34-3      3.  Whenever a district election is required the county clerk or

34-4  registrar of voters shall submit the current list, showing all persons

34-5  who are registered to vote in that election, to the election officers

34-6  who are charged with the duty of conducting the required election.

34-7      Sec. 37.  NRS 349.017 is hereby amended to read as follows:

34-8      349.017  1.  If the bond question is submitted at a general

34-9  election, no notice of registration of electors is required other than

34-10  that required by the laws for a generalelection.

34-11     2.  If the bond question is submitted at a special election, the

34-12  clerk of each county shall cause to be published,at least once a

34-13  week for 2 consecutive weeks by two weekly insertions a week

34-14  apart, the first publication to be not more than 50 days nor less than

34-15  42 days next preceding the election, in a newspaper published

34-16  within the county, if any is so published, and having a general

34-17  circulation therein, a notice signed by him to the effect that

34-18  registration for the special election will be closed on a date

34-19  designated therein, as provided in this section.

34-20     3.  Except as otherwise provided in subsection 4, the office of

34-21  the county clerk in each county of this state must be open for such a

34-22  special election, from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on

34-23  Mondays through Fridays, with Saturdays, Sundays and legal

34-24  holidays excepted, for the registration of any qualified elector.

34-25     4.  The office of the county clerk must be open [from 9 a.m. to

34-26  5 p.m. and from 7 p.m. to 9 p.m.] for at least 11 hours per day on

34-27  Monday through Saturday, with Sundays and any legal holidays

34-28  excepted, during the last days of registration as provided in

34-29  subsection 2 of NRS 293.560 and subsection 2 of NRS 293C.527.

34-30     5.  The office of the county clerk must be open for registration

34-31  of voters for such a special election up to but excluding the 30th day

34-32  next preceding that election and during regular office hours.

34-33     Sec. 38.  NRS 474.005 is hereby amended to read as follows:

34-34     474.005  1.  Any person residing within a county fire

34-35  protection district who is otherwise qualified to vote at general

34-36  elections in this state may register to vote in the biennial elections

34-37  and other elections of the district by appearing before the county

34-38  clerk or registrar of voters of the county in which the district is

34-39  located and completing an application to register to vote in

34-40  accordance with the general election laws of this state. Registration

34-41  for a district election which is not held simultaneously with a

34-42  general election must close at 5 p.m. of the fifth Friday preceding

34-43  the district election and registration offices must be open [from

34-44   a.m. to 5 p.m.,] for at least 11 hours per day, excluding Saturdays,

34-45  during the last days before the close of registration. If a person

35-1  residing within a district is otherwise registered to vote, new

35-2  registration for district elections is not required.

35-3      2.  The county clerk or registrar of voters shall, at the expense

35-4  of the district, prepare and maintain a list of all registered voters

35-5  residing within the district. The county clerk or registrar of voters is

35-6  entitled to receive on behalf of the county reimbursement for the

35-7  actual costs of conducting the district’s election. All money so

35-8  received must be deposited to the credit of the general fund of the

35-9  county.

35-10     Sec. 39.  Section 7 of the Moapa Valley Water District Act,

35-11  being chapter 477, Statutes of Nevada 1983, as last amended by

35-12  chapter 218, Statutes of Nevada 2001, at page 991, is hereby

35-13  amended to read as follows:

35-14     Sec. 7.  1.  Unless otherwise required for purposes of

35-15  an election to incur an indebtedness, the Registrar of Voters

35-16  of Clark County shall conduct, supervise and, by ordinance,

35-17  regulate all district elections in accordance, as nearly as

35-18  practicable, with the general election laws of the State,

35-19  including, but not limited to, laws relating to the time of

35-20  opening and closing of polls, the manner of conducting the

35-21  election, the canvassing, announcement and certification of

35-22  results, and the preparation and disposition of ballots.

35-23     2.  A candidate for election to the Board shall file a

35-24  declaration of candidacy with the Registrar of Voters of Clark

35-25  County. The declaration of candidacy must be filed not earlier

35-26  than the first Monday in May of the year in which the election

35-27  is to be held and not later than 5 p.m. on the [third] second

35-28  Friday after the first Monday in May of that year. Timely

35-29  filing of such a declaration is a prerequisite to election.

35-30     3.  Each member of the Board must be elected by a

35-31  plurality of the registered voters voting in the election area

35-32  which the member represents. If there are two seats upon the

35-33  Board to be filled at the same election, each of which

35-34  represents the same election area, the two candidates therefor

35-35  receiving the highest number of votes, respectively, are

35-36  elected.

35-37     4.  If a member of the Board is unopposed in seeking

35-38  reelection, the Board may declare that member elected

35-39  without a formal election, but that member must not

35-40  participate in the declaration.

35-41     5.  If no person files candidacy for election to a particular

35-42  seat upon the Board, the seat must be filled in the manner of

35-43  filling a vacancy.

 

36-1      Sec. 40.  NRS 293.337, 293B.280 and 293C.337 are hereby

36-2  repealed.

 

36-3  TEXT OF REPEALED SECTIONS

 

36-4      293.337  Registered voter not receiving absent ballot after

36-5   application may vote in person on receipt of certificate. The

36-6   provisions of this chapter do not prohibit any registered voter who

36-7   has applied for, but not received, an absent ballot from

36-8   communicating that fact to the county clerk, receiving a certificate

36-9   so stating and voting in person on election day in the manner

36-10   provided by NRS 293.277.

36-11     293B.280  Testing of mechanical recording devices by

36-12   members of election board. Before the polls are open for

36-13   election, the members of the election board shall test every

36-14   mechanical recording device by fully voting on it with an unofficial

36-15   ballot.

36-16     293C.337  Registered voter not receiving absent ballot after

36-17   application may vote in person on receipt of certificate. The

36-18   provisions of this chapter do not prohibit any registered voter who

36-19   has applied for, but not received, an absent ballot from

36-20   communicating that fact to the city clerk, receiving a certificate so

36-21   stating and voting in person on election day in the manner provided

36-22   in NRS 293C.270.

 

36-23  H