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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to elections; revising deadlines relating to the filing of certain documents before an election; 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; 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; requiring that a candidate for the position of member of a town board who is unopposed be declared elected to the position; 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 or
2-26 Vice President of the United States must be placed on the ballot for
2-27 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 the
2-35 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] may be amended [after it is
3-29 filed.] not later than 5 p.m. on the second Friday after the first
3-30 Monday in May.
3-31 2. The Secretary of State shall immediately forward a certified
3-32 copy of the list of candidates for partisan office of each minor
3-33 political party to the filing officer with whom each candidate must
3-34 file his declaration of candidacy.
3-35 3. Each candidate on the list must file his declaration of
3-36 candidacy with the appropriate filing officer and pay the fee
3-37 required by NRS 293.193 not earlier than the date on which the list
3-38 of candidates for partisan office of his minor political party is filed
3-39 with the Secretary of State nor later than 5 p.m. on the [third]
3-40 second Friday after the first Monday in May.
3-41 4. A minor political party that wishes to place candidates for
3-42 the offices of President and Vice President of the United States on
3-43 the ballot and has qualified to place the names of its candidates for
3-44 partisan office on the ballot for the general election pursuant to
3-45 subsection 2 of NRS 293.1715 must file with the Secretary of State
4-1 a certificate of nomination for these offices not later than the first
4-2 Tuesday in September.
4-3 Sec. 3. NRS 293.177 is hereby amended to read as follows:
4-4 293.177 1. Except as otherwise provided in NRS 293.165, a
4-5 name may not be printed on a ballot to be used at a primary election
4-6 unless the person named has filed a declaration of candidacy or an
4-7 acceptance of candidacy, and paid the fee required by NRS 293.193
4-8 not earlier than the first Monday in May of the year in which the
4-9 election is to be held nor later than 5 p.m. on the [third] second
4-10 Friday after the first Monday in May.
4-11 2. A declaration of candidacy or an acceptance of candidacy
4-12 required to be filed by this section must be in substantially the
4-13 following form:
4-14 (a) For partisan office:
4-15 Declaration of Candidacy of ........ for the
4-16 Office of ................
4-17 State of Nevada
4-18 County of.........
4-19 For the purpose of having my name placed on the official ballot as a
4-20 candidate for the ................ Party nomination for the office of
4-21 ………, I, the undersigned …….., do swear or affirm under penalty
4-22 of perjury that I actually, as opposed to constructively, reside at
4-23 ………., in the City or Town of ……., County of ………., State of
4-24 Nevada; that my actual, as opposed to constructive, residence in the
4-25 state, district, county, township, city or other area prescribed by law
4-26 to which the office pertains began on a date at least 30 days
4-27 immediately preceding the date of the close of filing of declarations
4-28 of candidacy for this office; that my telephone number is ............,
4-29 and the address at which I receive mail, if different than my
4-30 residence, is .........; that I am registered as a member of the
4-31 ................ Party; that I have not, in violation of the provisions of
4-32 NRS 293.176, changed the designation of my political party or
4-33 political party affiliation on an official application to register to vote
4-34 in any state since September 1 before the closing filing date for this
4-35 election; that I generally believe in and intend to support the
4-36 concepts found in the principles and policies of that political party in
4-37 the coming election; that if nominated as a candidate of the
4-38 ................ Party at the ensuing election, I will accept that
4-39 nomination and not withdraw; that I will not knowingly violate any
4-40 election law or any law defining and prohibiting corrupt and
4-41 fraudulent practices in campaigns and elections in this state; that I
5-1 will qualify for the office if elected thereto, including, but not
5-2 limited to, complying with any limitation prescribed by the
5-3 Constitution and laws of this state concerning the number of years
5-4 or terms for which a person may hold the office; and that I
5-5 understand that my name will appear on all ballots as designated in
5-6 this declaration.
5-7 .........................................
5-8 (Designation of name)
5-9 .........................................
5-10 (Signature of candidate for office)
5-11 Subscribed and sworn to before
5-12 me this ..... day of the month of ........ of the year....
5-13 ......................................
5-14 Notary Public or other person
5-15 authorized to administer an oath
5-16 (b) For nonpartisan office:
5-17 Declaration of Candidacy of ........ for the
5-18 Office of ................
5-19 State of Nevada
5-20 County of.........
5-21 For the purpose of having my name placed on the official ballot as a
5-22 candidate for the office of ................, I, the undersigned ................,
5-23 do swear or affirm under penalty of perjury that I actually, as
5-24 opposed to constructively, reside at ………, in the City or Town of
5-25 ……., County of ………, State of Nevada; that my actual, as
5-26 opposed to constructive, residence in the state, district, county,
5-27 township, city or other area prescribed by law to which the office
5-28 pertains began on a date at least 30 days immediately preceding the
5-29 date of the close of filing of declarations of candidacy for this
5-30 office; that my telephone number is ..........., and the address at
5-31 which I receive mail, if different than my residence, is ..........; that if
5-32 nominated as a nonpartisan candidate at the ensuing election, I will
5-33 accept the nomination and not withdraw; that I will not knowingly
5-34 violate any election law or any law defining and prohibiting corrupt
5-35 and fraudulent practices in campaigns and elections in this state; that
5-36 I will qualify for the office if elected thereto, including, but not
6-1 limited to, complying with any limitation prescribed by the
6-2 Constitution and laws of this state concerning the number of years
6-3 or terms for which a person may hold the office; and my name will
6-4 appear on all ballots as designated in this declaration.
6-5 .........................................
6-6 (Designation of name)
6-7 .........................................
6-8 (Signature of candidate for office)
6-9 Subscribed and sworn to before
6-10 me this ..... day of the month of ........ of the year ....
6-11 ......................................
6-12 Notary Public or other person
6-13 authorized to administer an oath
6-14 3. A person may be a candidate under his given name and
6-15 surname, a contraction or familiar form of his given name followed
6-16 by his surname or the initial of his given name followed by his
6-17 surname. A nickname of not more than 10 letters may be
6-18 incorporated into a candidate’s name. The nickname must be in
6-19 quotation marks and appear immediately before the candidate’s
6-20 surname. A nickname must not indicate any political, economic,
6-21 social or religious view or affiliation and must not be the name of
6-22 any person, living or dead, whose reputation is known on a
6-23 statewide, nationwide or worldwide basis, or in any other manner
6-24 deceive a voter regarding the person or principles for which he is
6-25 voting.
6-26 4. The address of a candidate which must be included in the
6-27 declaration of candidacy or acceptance of candidacy pursuant to
6-28 subsection 2 must be the street address of the residence where he
6-29 actually, as opposed to constructively, resides in accordance with
6-30 NRS 281.050, if one has been assigned. The declaration or
6-31 acceptance of candidacy must not be accepted for filing if the
6-32 candidate’s address is listed as a post office box unless a street
6-33 address has not been assigned to his residence.
6-34 5. By filing the declaration or acceptance of candidacy, the
6-35 candidate shall be deemed to have appointed the filing officer for
6-36 the office as his agent for service of process for the purposes of a
6-37 proceeding pursuant to NRS 293.182. Service of such process must
6-38 first be attempted at the appropriate address as specified by the
6-39 candidate in the declaration or acceptance of candidacy. If the
6-40 candidate cannot be served at that address, service must be made by
7-1 personally delivering to and leaving with the filing officer duplicate
7-2 copies of the process. The filing officer shall immediately send, by
7-3 registered or certified mail, one of the copies to the candidate at his
7-4 specified address, unless the candidate has designated in writing to
7-5 the filing officer a different address for that purpose, in which case
7-6 the filing officer shall mail the copy to the last address so
7-7 designated.
7-8 Sec. 4. NRS 293.200 is hereby amended to read as follows:
7-9 293.200 1. An independent candidate for partisan office must
7-10 file with the appropriate filing officer:
7-11 (a) A copy of the petition of candidacy that he intends to
7-12 circulate for signatures. The copy must be filed not earlier than the
7-13 January 2 preceding the date of the election and not later than 25
7-14 working days before the last day to file the petition pursuant to
7-15 subsection 4. The copy must also be filed before the petition may be
7-16 circulated.
7-17 (b) Either of the following:
7-18 (1) A petition of candidacy signed by a number of registered
7-19 voters equal to at least 1 percent of the total number of ballots cast
7-20 in:
7-21 (I) This state for that office at the last preceding general
7-22 election in which a person was elected to that office, if the office is a
7-23 statewide office;
7-24 (II) The county 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 county office; or
7-27 (III) The district for that office at the last preceding
7-28 general election in which a person was elected to that office, if the
7-29 office is a district office.
7-30 (2) A petition of candidacy signed by 250 registered voters if
7-31 the candidate is a candidate for statewide office, or signed by 100
7-32 registered voters if the candidate is a candidate for any office other
7-33 than a statewide office.
7-34 2. The petition may consist of more than one document. Each
7-35 document must bear the name of the county in which it was
7-36 circulated and only registered voters of that county may sign the
7-37 document. If the office is not a statewide office, only the registered
7-38 voters of the county, district or municipality in question may sign
7-39 the document. The documents that are circulated for signature in a
7-40 county must be submitted to that county clerk for verification in the
7-41 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not
7-42 later than 25 working days before the last day to file the petition
7-43 pursuant to subsection 4. Each person who signs the petition shall
7-44 add to his signature the address of the place at which he actually
7-45 resides, the date that he signs the petition and the name of the
8-1 county where he is registered to vote. The person who circulates
8-2 each document of the petition shall sign an affidavit attesting that
8-3 the signatures on the document are genuine to the best of his
8-4 knowledge and belief and were signed in his presence by persons
8-5 registered to vote in that county.
8-6 3. The petition of candidacy may state the principle, if any,
8-7 which the person qualified represents.
8-8 4. Petitions of candidacy must be filed not earlier than the first
8-9 Monday in May preceding the general election and not later than 5
8-10 p.m. on the [third] second Friday after the first Monday in May.
8-11 5. No petition of candidacy may contain the name of more than
8-12 one candidate for each office to be filled.
8-13 6. A person may not file as an independent candidate if he is
8-14 proposing to run as the candidate of a political party.
8-15 7. The names of independent candidates must be placed on the
8-16 general election ballot and must not appear on the primary election
8-17 ballot.
8-18 8. If the candidacy of any person seeking to qualify pursuant to
8-19 this section is challenged, all affidavits and documents in support of
8-20 the challenge must be filed not later than 5 p.m. on the fourth
8-21 Monday in May. Any judicial proceeding resulting from the
8-22 challenge must be set for hearing not more than 5 days after the
8-23 fourth Monday in May.
8-24 9. Any challenge pursuant to subsection 8 must be filed with:
8-25 (a) The first judicial district court if the petition of candidacy
8-26 was filed with the Secretary of State.
8-27 (b) The district court for the county where the petition of
8-28 candidacy was filed if the petition was filed with a county clerk.
8-29 10. An independent candidate for partisan office must file a
8-30 declaration of candidacy with the appropriate filing officer and pay
8-31 the fee required by NRS 293.193 not earlier than the first Monday in
8-32 May of the year in which the election is held nor later than 5 p.m. on
8-33 the [third] second Friday after the first Monday in May.
8-34 Sec. 5. NRS 293.206 is hereby amended to read as follows:
8-35 293.206 1. On or before the last day in May of every even-
8-36 numbered year, the county clerk shall provide the Secretary of State
8-37 and the Director of the Legislative Counsel Bureau with a copy or
8-38 electronic file of a map showing the boundaries of all election
8-39 precincts in the county . [together with a word description of the
8-40 boundaries of the precincts.]
8-41 2. If the Secretary of State determines that the boundaries of an
8-42 election precinct do not comply with the provisions of NRS
8-43 293.205, he must provide the county clerk with a written statement
8-44 of noncompliance setting forth the reasons the precinct is not in
8-45 compliance. Within 15 days after receiving the notice of
9-1 noncompliance, the county clerk shall make any adjustments to the
9-2 boundaries of the precinct which are required to bring the precinct
9-3 into compliance with the provisions of NRS 293.205 and he shall
9-4 submit a corrected copy or electronic file of the precinct map
9-5 [together with a corrected word description of the altered boundaries
9-6 of the precinct] to the Secretary of State and the Director of the
9-7 Legislative Counsel Bureau.
9-8 3. If the initial or corrected election precinct map is not filed as
9-9 required pursuant to this section or the county clerk fails to make the
9-10 necessary changes to the boundaries of an election precinct pursuant
9-11 to subsection 2, the Secretary of State may establish appropriate
9-12 precinct boundaries in compliance with the provisions of NRS
9-13 293.205 to 293.213, inclusive. If the Secretary of State revises the
9-14 map [or description] pursuant to this subsection, he shall submit a
9-15 copy or electronic file of the revised map [or description] to the
9-16 Director of the Legislative Counsel Bureau and the appropriate
9-17 county clerk.
9-18 4. As used in this section, “electronic file” includes, without
9-19 limitation, an electronic data file of a geographic information
9-20 system.
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 6. As used in this section, “electronic file” includes, without
10-23 limitation, an electronic data file of a geographic information
10-24 system.
10-25 Sec. 7. NRS 293.2175 is hereby amended to read as follows:
10-26 293.2175 1. The county clerk may appoint a pupil as a
10-27 trainee for the position of election board officer. To qualify for such
10-28 an appointment, the pupil must be:
10-29 (a) A United States citizen, a resident of Nevada and a resident
10-30 of the county in which he serves;
10-31 (b) Enrolled [as a senior] in high school; and
10-32 (c) At the time of service, [enrolled in or have completed a high
10-33 school course in American government in accordance with NRS
10-34 389.020; and
10-35 (d) Performing at an academic level deemed acceptable by the
10-36 principal of the pupil’s high school.] at least 16 years of age.
10-37 2. The county clerk may only appoint a pupil as a trainee if:
10-38 (a) The pupil is appointed without party affiliation;
10-39 (b) The county clerk sends the pupil a certificate stating the date
10-40 and hours that the pupil[, upon approval,] will act as a trainee;
10-41 (c) At least 20 days before the election in which the pupil will
10-42 act as a trainee, the principal of his high school or his assigned
10-43 school counselor receives the county clerk’s certificate and a
10-44 written request signed by his parent or guardian to be excused from
10-45 school for the time specified in the certificate;
11-1 (d) The principal of the high school or the assigned school
11-2 counselor of the pupil approves the pupil’s request; and
11-3 (e) The pupil attends the training class required by
11-4 NRS 293B.260.
11-5 3. [The] Except as otherwise provided in this subsection, the
11-6 county clerk may assign a trainee such duties as the county clerk
11-7 deems appropriate. The county clerk shall not [require] :
11-8 (a) Require the trainee to perform those duties later than 10 p.m.
11-9 or any applicable curfew, whichever is earlier[.] ; or
11-10 (b) Assign more than one trainee to serve as an election board
11-11 officer in any one precinct.
11-12 4. The county clerk may compensate a trainee for his service at
11-13 the same rate fixed for election board officers generally.
11-14 Sec. 8. NRS 293.227 is hereby amended to read as follows:
11-15 293.227 1. Each election board consists of at least three
11-16 members, one of whom must be designated chairman by the county
11-17 or city clerk. The boards shall make the records of election required
11-18 by this chapter.
11-19 2. The appointment of a trainee as set forth in NRS 293.2175
11-20 and 293C.222 may be used to determine the number of members on
11-21 the election board, but under no circumstances may [trainees
11-22 comprise more than one-third of the] :
11-23 (a) The election board of any precinct [or] include more than
11-24 one trainee; or
11-25 (b) A trainee serve as chairman of the election board.
11-26 3. The county or city clerk shall conduct or cause to be
11-27 conducted, at least 5 days before the date of the election for which
11-28 the boards are appointed, a school to acquaint the chairmen with the
11-29 election laws, duties of election boards, regulations of the Secretary
11-30 of State and with the procedure for making the records of election
11-31 and using the register for election boards. If the person appointed
11-32 chairman is unable for any reason to attend the school, he shall
11-33 appoint some other member of his election board to attend the
11-34 school in his stead.
11-35 4. The board of county commissioners of any county or the city
11-36 council of any city may reimburse the chairmen or their designees
11-37 who attend the school for their travel expenses at a rate not
11-38 exceeding 10 cents per mile.
11-39 5. Each chairman shall instruct his board before election day.
11-40 Sec. 9. NRS 293.262 is hereby amended to read as follows:
11-41 293.262 An absent ballot or a ballot voted by a voter who
11-42 resides in a mailing precinct must be voted [on] :
11-43 1. On a paper ballot [or] ;
11-44 2. On a ballot which is voted by punching a card[.] ; or
11-45 3. By any other system authorized by state or federal 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
12-42 (b) Has a physical disability or condition which substantially
12-43 impairs his ability to go to the polling place,
13-1 may request an absent ballot for all elections held during the year he
13-2 requests an absent ballot. [The registered voter must include in his
13-3 request a description of his physical disability or condition.]
13-4 3. As used in this section, “sufficient written notice” means a:
13-5 (a) Written request for an absent ballot which is signed by the
13-6 registered voter and returned to the county clerk in person or by
13-7 mail or facsimile machine;
13-8 (b) Form prescribed by the Secretary of State which is
13-9 completed and signed by the registered voter and returned to the
13-10 county clerk in person or by mail or facsimile machine; or
13-11 (c) Form provided by the Federal Government.
13-12 4. A county clerk shall consider a request from a voter who has
13-13 given sufficient written notice on a form provided by the Federal
13-14 Government as a request for both the primary and general elections
13-15 unless otherwise specified in the request.
13-16 5. It is unlawful for a person fraudulently to request an absent
13-17 ballot in the name of another person or to induce or coerce another
13-18 person fraudulently to request an absent ballot in the name of
13-19 another person. A person who violates this subsection is guilty of a
13-20 category E felony and shall be punished as provided in
13-21 NRS 193.130.
13-22 Sec. 12. NRS 293.356 is hereby amended to read as follows:
13-23 293.356 [1.] If a request is made to vote early by a registered
13-24 voter in person, the [county clerk] election board shall issue a ballot
13-25 for early voting to the voter. Such a ballot must be voted on the
13-26 premises of [the clerk’s office and returned to the clerk.] a polling
13-27 place for early voting established pursuant to NRS 293.3564 or
13-28 293.3572 and returned to the election board. If the ballot is a paper
13-29 ballot , [or] a ballot which is voted by punching a card [, the clerk]
13-30 or a ballot which is voted by any other system authorized by state
13-31 or federal law, the election board shall follow the same procedure
13-32 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 293.3572 is hereby amended to read as follows:
13-39 293.3572 1. In addition to permanent polling places for early
13-40 voting, the county clerk may establish temporary branch polling
13-41 places for early voting [.] which may include, without limitation,
13-42 the clerk’s office.
13-43 2. The provisions of subsection 3 of NRS 293.3568 do not
13-44 apply to a temporary polling place. Voting at a temporary branch
13-45 polling place may be conducted on any one or more days and during
14-1 any hours within the period for early voting by personal appearance,
14-2 as determined by the county clerk.
14-3 3. The schedules for conducting voting are not required to be
14-4 uniform among the temporary branch polling places.
14-5 4. The legal rights and remedies which inure to the owner or
14-6 lessor of private property are not impaired or otherwise affected by
14-7 the leasing of the property for use as a temporary branch polling
14-8 place for early voting, except to the extent necessary to conduct
14-9 early voting at that location.
14-10 Sec. 14. NRS 293.3608 is hereby amended to read as follows:
14-11 293.3608 On election day the county clerk shall:
14-12 1. Ensure that each mechanical recording device used during
14-13 the period for early voting provides a record [printed on paper] of
14-14 the total number of votes recorded on the device for each candidate
14-15 and for or against each measure; and
14-16 2. Deliver to the central counting place:
14-17 (a) The items sorted and counted pursuant to subsection 3 of
14-18 NRS 293.3604;
14-19 (b) The records [printed on paper] provided pursuant to
14-20 subsection 1; and
14-21 (c) The storage device required pursuant to NRS 293B.084 from
14-22 each mechanical recording device used during the period for early
14-23 voting.
14-24 Sec. 15. NRS 293.391 is hereby amended to read as follows:
14-25 293.391 1. The voted ballots, rejected ballots, spoiled ballots,
14-26 challenge lists, voting receipts, records printed on paper of voted
14-27 ballots collected pursuant to NRS 293B.400, and stubs of the ballots
14-28 used, enclosed and sealed, must, after canvass of the votes by the
14-29 board of county commissioners, be deposited in the vaults of the
14-30 county clerk. The records of voted ballots that are maintained in
14-31 electronic form must, after canvass of the votes by the board of
14-32 county commissioners, be sealed and deposited in the vaults of the
14-33 county clerk. The tally lists and pollbooks collected pursuant to
14-34 NRS 293B.400 must, after canvass of the votes by the board of
14-35 county commissioners, be deposited in the vaults of the county clerk
14-36 without being sealed. All materials described by this subsection
14-37 must be preserved for at least 22 months and all such sealed
14-38 materials must be destroyed immediately after the preservation
14-39 period. A notice of the destruction must be published by the clerk in
14-40 at least one newspaper of general circulation in the county not less
14-41 than 2 weeks before the destruction.
14-42 2. Unused ballots, enclosed and sealed, must, after canvass of
14-43 the votes by the board of county commissioners, be deposited in the
14-44 vaults of the county clerk and preserved for at least the period
15-1 during which the election may be contested and adjudicated, after
15-2 which the unused ballots may be destroyed.
15-3 3. The pollbooks containing the signatures of those persons
15-4 who voted in the election and the tally lists deposited with the board
15-5 of county commissioners are subject to the inspection of any elector
15-6 who may wish to examine them at any time after their deposit with
15-7 the county clerk.
15-8 4. A contestant of an election may inspect all of the material
15-9 regarding that election which is preserved pursuant to subsection 1
15-10 or 2, except the voted ballots.
15-11 5. The voted ballots deposited with the county clerk are not
15-12 subject to the inspection of anyone, except in cases of contested
15-13 election, and then only by the judge, body or board before whom the
15-14 election is being contested, or by the parties to the contest, jointly,
15-15 pursuant to an order of such judge, body or board.
15-16 Sec. 16. NRS 293.404 is hereby amended to read as follows:
15-17 293.404 1. Where a recount is demanded pursuant to the
15-18 provisions of NRS 293.403, the:
15-19 (a) County clerk of each county affected by the recount shall
15-20 employ a recount board to conduct the recount in the county, and
15-21 shall act as chairman of the recount board unless the recount is for
15-22 the office of county clerk, in which case the registrar of voters of the
15-23 county, if a registrar of voters has been appointed for the county,
15-24 shall act as chairman of the recount board. If a registrar of voters has
15-25 not been appointed for the county, the chairman of the board of
15-26 county commissioners, if he is not a candidate on the ballot, shall
15-27 act as chairman of the recount board. If the recount is for the office
15-28 of county clerk, a registrar of voters has not been appointed for the
15-29 county and the chairman of the board of county commissioners is a
15-30 candidate on the ballot, the chairman of the board of county
15-31 commissioners shall appoint another member of the board of county
15-32 commissioners who is not a candidate on the ballot to act as
15-33 chairman of the recount board. A member of the board of county
15-34 commissioners who is a candidate on the ballot may not serve as a
15-35 member of the recount board. [At least one member of the board of
15-36 county commissioners who is not a candidate on the ballot must be
15-37 present at the recount.]
15-38 (b) City clerk shall employ a recount board to conduct the
15-39 recount in the city, and shall act as chairman of the recount board
15-40 unless the recount is for the office of city clerk, in which case the
15-41 mayor of the city, if he is not a candidate on the ballot, shall act as
15-42 chairman of the recount board. If the recount is for the office of city
15-43 clerk and the mayor of the city is a candidate on the ballot, the
15-44 mayor of the city shall appoint another member of the city council
15-45 who is not a candidate on the ballot to act as chairman of the recount
16-1 board. A member of the city council who is a candidate on the ballot
16-2 may not serve as a member of the recount board. [At least one
16-3 member of the city council who is not a candidate on the ballot must
16-4 be present at the recount.]
16-5 2. Each candidate for the office affected by the recount and the
16-6 voter who demanded the recount, if any, may be present in person or
16-7 by an authorized representative, but may not be a member of the
16-8 recount board.
16-9 3. Except in counties or cities using a mechanical voting
16-10 system, the recount must include a count and inspection of all
16-11 ballots, including rejected ballots, and must determine whether those
16-12 ballots are marked as required by law.
16-13 4. If a recount is demanded in a county or city using a
16-14 mechanical voting system, the person who demanded the recount
16-15 shall select the ballots for the office or ballot question affected from
16-16 5 percent of the precincts, but in no case fewer than three precincts,
16-17 after notification to each candidate for the office or his authorized
16-18 representative. The recount board shall examine the selected ballots,
16-19 including any duplicate or rejected ballots, shall determine whether
16-20 the ballots have been voted in accordance with this title and shall
16-21 count the valid ballots by hand. In addition, a recount by computer
16-22 must be made of all the selected ballots. If the count by hand or the
16-23 recount by computer of the selected ballots shows a discrepancy
16-24 equal to or greater than 1 percent or [5] five votes, whichever is
16-25 greater, for the candidate demanding the recount or the candidate
16-26 who won the election according to the original canvass of the
16-27 returns, or in favor of or against a ballot question, according to the
16-28 original canvass of the returns, the county or city clerk shall order a
16-29 count by hand of all the ballots for that office or ballot question.
16-30 Otherwise, the county or city clerk shall order a recount by
16-31 computer of all the ballots for all candidates for the office or all the
16-32 ballots for the ballot question.
16-33 5. The county or city clerk shall unseal and give to the recount
16-34 board all ballots to be counted.
16-35 6. In the case of a demand for a recount affecting more than
16-36 one county, the demand must be made to the Secretary of State, who
16-37 shall notify the county clerks to proceed with the recount.
16-38 Sec. 17. NRS 293.469 is hereby amended to read as follows:
16-39 293.469 Each county clerk is encouraged to:
16-40 1. Not later than the earlier date of the notice provided pursuant
16-41 to NRS 293.203 or the first notice provided pursuant to subsection 3
16-42 of NRS 293.560, notify the public, through means designed to reach
16-43 members of the public who are elderly or disabled, of the provisions
16-44 of NRS 293.2955, 293.296, 293.313, subsection 1 of NRS 293.315,
16-45 NRS 293.316 and 293.3165.
17-1 2. Provide in alternative audio and visual formats information
17-2 concerning elections, information concerning how to register to vote
17-3 and information concerning the manner of voting for use by a
17-4 person who is elderly or disabled, including, without limitation,
17-5 providing such information through a telecommunications device
17-6 that is accessible to a person who is deaf.
17-7 3. Not later than 5 working days after receiving the request of
17-8 an elderly or disabled person, provide to the person, in a format that
17-9 can be used by the person, any requested material that is:
17-10 (a) Related to elections; and
17-11 (b) Made available by the county clerk to the public in printed
17-12 form.
17-13 Sec. 18. NRS 293.481 is hereby amended to read as follows:
17-14 293.481 1. Except as otherwise provided in subsection 2 or
17-15 NRS 295.121 or 295.217, every governing body of a political
17-16 subdivision, public or quasi-public corporation, or other local
17-17 agency authorized by law to submit questions to the qualified
17-18 electors or registered voters of a designated territory, when the
17-19 governing body decides to submit a question:
17-20 (a) At a general election, shall provide a copy of the question,
17-21 including an explanation of and arguments for and against the
17-22 question, to each county clerk within the designated territory on or
17-23 before the third Monday in July preceding the election.
17-24 (b) At a primary election, shall provide a copy of the question,
17-25 including an explanation of and arguments for and against the
17-26 question, to each county clerk within the designated territory on or
17-27 before the [third] second Friday after the first Monday in May
17-28 preceding the election.
17-29 (c) At any election other than a primary or general election at
17-30 which the county clerk gives notice of the election or otherwise
17-31 performs duties in connection therewith other than the registration
17-32 of electors and the making of records of registered voters available
17-33 for the election, shall provide a copy of the question, including an
17-34 explanation of and arguments for and against the question, to each
17-35 county clerk at least 60 days before the election.
17-36 (d) At any city election at which the city clerk gives notice of
17-37 the election or otherwise performs duties in connection therewith,
17-38 shall provide a copy of the question, including an explanation of and
17-39 arguments for and against the question, to the city clerk at least 60
17-40 days before the election.
17-41 2. A question may be submitted after the dates specified in
17-42 subsection 1 if the question is expressly privileged or required to be
17-43 submitted pursuant to the provisions of Article 19 of the
17-44 Constitution of the State of Nevada, or pursuant to the provisions of
17-45 chapter 295 of NRS or any other statute except NRS 293.482,
18-1 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that
18-2 authorizes the governing body to issue bonds upon the approval of
18-3 the voters.
18-4 3. A county or city clerk may charge any political subdivision,
18-5 public or quasi-public corporation or other local agency which
18-6 submits a question a reasonable fee sufficient to pay for the
18-7 increased costs incurred in including the question, explanation and
18-8 arguments on the ballot.
18-9 Sec. 19. NRS 293.518 is hereby amended to read as follows:
18-10 293.518 1. At the time an elector registers to vote he must
18-11 indicate:
18-12 (a) His political party affiliation; or
18-13 (b) That he is not affiliated with a political party.
18-14 An elector who indicates that he is “independent” shall be deemed
18-15 not affiliated with a political party.
18-16 2. If an elector indicates that he is not affiliated with a political
18-17 party, or that he is independent, the county clerk or field registrar of
18-18 voters shall list the elector’s political party as nonpartisan.
18-19 3. If an elector indicates an affiliation with a major political
18-20 party or a minor political party that has filed a certificate of
18-21 existence with the Secretary of State, the county clerk or field
18-22 registrar of voters shall list the elector’s political party as indicated
18-23 by the elector.
18-24 4. If an elector indicates an affiliation with a minor political
18-25 party that has not filed a certificate of existence with the Secretary
18-26 of State, the county clerk or field registrar of voters shall:
18-27 (a) List the elector’s political party as the party indicated in the
18-28 application to register to vote.
18-29 (b) When compiling data related to voter registration for the
18-30 county, report the elector’s political party as “other party.”
18-31 5. If an elector does not make any of the indications
18-32 described in subsection 1, the county clerk or field registrar of
18-33 voters shall:
18-34 (a) List the elector’s political party as nonpartisan; and
18-35 (b) Mail to the elector a notice setting forth that the elector has
18-36 been registered to vote as a nonpartisan because the elector did
18-37 not make any of the indications described in subsection 1.
18-38 Sec. 20. NRS 293.5235 is hereby amended to read as follows:
18-39 293.5235 1. Except as otherwise provided in NRS 293.502, a
18-40 person may register to vote by mailing an application to register to
18-41 vote to the county clerk of the county in which he resides. The
18-42 county clerk shall, upon request, mail an application to register to
18-43 vote to an applicant. The county clerk shall make the applications
18-44 available at various public places in the county. An application to
19-1 register to vote may be used to correct information in the registrar of
19-2 voters’ register.
19-3 2. An application to register to vote which is mailed to an
19-4 applicant by the county clerk or made available to the public at
19-5 various locations or voter registration agencies in the county may be
19-6 returned to the county clerk by mail or in person. For the purposes
19-7 of this section, an application which is personally delivered to the
19-8 county clerk shall be deemed to have been returned by mail.
19-9 3. The applicant must complete and sign the application.
19-10 4. The county clerk shall, upon receipt of an application,
19-11 determine whether the application is complete.
19-12 5. If he determines that the application is complete, he shall,
19-13 within 10 days after he receives the application, mail to the
19-14 applicant:
19-15 (a) A notice informing him that he is registered to vote and a
19-16 voter registration card as required by subsection 6 of NRS 293.517;
19-17 or
19-18 (b) A notice informing him that the registrar of voters’ register
19-19 has been corrected to reflect any changes indicated on the
19-20 application.
19-21 The applicant shall be deemed to be registered or to have corrected
19-22 the information in the register as of the date the application is
19-23 postmarked or personally delivered.
19-24 6. [If] Except as otherwise provided in subsection 5 of NRS
19-25 293.518, if the county clerk determines that the application is not
19-26 complete, he shall, as soon as possible, mail a notice to the applicant
19-27 informing him that additional information is required to complete
19-28 the application. If the applicant provides the information requested
19-29 by the county clerk within 15 days after the county clerk mails the
19-30 notice, the county clerk shall, within 10 days after he receives the
19-31 information, mail to the applicant:
19-32 (a) A notice informing him that he is registered to vote and a
19-33 voter registration card as required by subsection 6 of NRS 293.517;
19-34 or
19-35 (b) A notice informing him that the registrar of voters’ register
19-36 has been corrected to reflect any changes indicated on the
19-37 application.
19-38 The applicant shall be deemed to be registered or to have corrected
19-39 the information in the register as of the date the application is
19-40 postmarked or personally delivered. If the applicant does not
19-41 provide the additional information within the prescribed period, the
19-42 application is void.
19-43 7. The Secretary of State shall prescribe the form for an
19-44 application to register to vote by mail which must be used to register
20-1 to vote by mail in this state. The application to register to vote by
20-2 mail must include a notice in at least 10-point type which states:
20-3 NOTICE: You are urged to return your application to
20-4 register to vote to the County Clerk in person or by mail. If
20-5 you choose to give your completed application to another
20-6 person to return to the County Clerk on your behalf, and the
20-7 person fails to deliver the application to the County Clerk,
20-8 you will not be registered to vote. Please retain the duplicate
20-9 copy or receipt from your application to register to vote.
20-10 8. [The] Except as otherwise provided in subsection 5 of NRS
20-11 293.518, the county clerk shall not register a person to vote pursuant
20-12 to this section unless that person has provided all of the information
20-13 required by the application.
20-14 9. The county clerk shall mail, by postcard, the notices
20-15 required pursuant to subsections 5 and 6. If the postcard is returned
20-16 to the county clerk by the United States Postal Service because the
20-17 address is fictitious or the person does not live at that address, the
20-18 county clerk shall attempt to determine whether the person’s current
20-19 residence is other than that indicated on his application to register to
20-20 vote in the manner set forth in NRS 293.530.
20-21 10. A person who, by mail, registers to vote pursuant to this
20-22 section may be assisted in completing the application to register to
20-23 vote by any other person. The application must include the mailing
20-24 address and signature of the person who assisted the applicant. The
20-25 failure to provide the information required by this subsection will
20-26 not result in the application being deemed incomplete.
20-27 11. An application to register to vote must be made available to
20-28 all persons, regardless of political party affiliation.
20-29 12. An application must not be altered or otherwise defaced
20-30 after the applicant has completed and signed it. An application must
20-31 be mailed or delivered in person to the office of the county clerk
20-32 within 10 days after it is completed.
20-33 13. A person who willfully violates any of the provisions of
20-34 subsection 10, 11 or 12 is guilty of a category E felony and shall be
20-35 punished as provided in NRS 193.130.
20-36 14. The Secretary of State shall adopt regulations to carry out
20-37 the provisions of this section.
20-38 Sec. 21. NRS 293.563 is hereby amended to read as follows:
20-39 293.563 1. During the interval between the closing of
20-40 registration and [5 days before] the election, the county clerk shall:
20-41 (a) In counties where records of registration are not kept by
20-42 computer, prepare for each precinct or district a binder containing in
20-43 alphabetical order the original applications to register to vote of the
21-1 electors in the precinct or district. The binder constitutes the election
21-2 board register.
21-3 (b) In counties where records of registration are kept by
21-4 computer, have printed and placed in a binder for each precinct or
21-5 district a computer listing in alphabetical order of the applications to
21-6 register to vote of the electors in the precinct or district. The binder
21-7 constitutes the election board register.
21-8 2. Each election board register must be delivered or caused to
21-9 be delivered by the county or city clerk to an election officer of the
21-10 proper precinct or district before the opening of the polls.
21-11 Sec. 22. NRS 293.565 is hereby amended to read as follows:
21-12 293.565 1. Except as otherwise provided in subsection 2,
21-13 sample ballots must include:
21-14 (a) The fiscal note, as provided pursuant to NRS 218.443 or
21-15 293.250, for each proposed constitutional amendment or statewide
21-16 measure;
21-17 (b) An explanation, as provided pursuant to NRS 218.443, of
21-18 each proposed constitutional amendment or statewide measure,
21-19 including arguments for and against it; and
21-20 (c) The full text of each proposed constitutional amendment.
21-21 2. Sample ballots that are mailed to registered voters may be
21-22 printed without the full text of each proposed constitutional
21-23 amendment if:
21-24 (a) The cost of printing the sample ballots would be significantly
21-25 reduced if the full text of each proposed constitutional amendment
21-26 were not included;
21-27 (b) The county clerk ensures that a sample ballot that includes
21-28 the full text of each proposed constitutional amendment is provided
21-29 at no charge to each registered voter who requests such a sample
21-30 ballot; and
21-31 (c) The sample ballots provided to each polling place include the
21-32 full text of each proposed constitutional amendment.
21-33 3. At least 10 days before any election, the county clerk shall
21-34 cause to be mailed to each registered voter in the county a sample
21-35 ballot for his precinct with a notice informing the voter of the
21-36 location of his polling place. If the location of the polling place has
21-37 changed since the last election:
21-38 (a) The county clerk shall mail a notice of the change to each
21-39 registered voter in the county not sooner than 10 days before
21-40 mailing the sample ballots; or
21-41 (b) The sample ballot must also include a notice in bold type
21-42 immediately above the location which states:
21-43 NOTICE: THE LOCATION OF YOUR POLLING PLACE
21-44 HAS CHANGED SINCE THE LAST ELECTION
22-1 4. Except as otherwise provided in subsection 5, a sample
22-2 ballot required to be mailed pursuant to this section must:
22-3 (a) Be printed in at least 12-point type; and
22-4 (b) Include on the front page, in a separate box created by bold
22-5 lines, a notice printed in at least 20-point bold type that states:
22-6 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
22-7 LARGE TYPE, CALL (Insert appropriate telephone number)
22-8 5. A portion of a sample ballot that contains a facsimile of the
22-9 display area of a voting device may include material in less than
22-10 12-point type to the extent necessary to make the facsimile fit on the
22-11 pages of the sample ballot.
22-12 6. The sample ballot mailed to a person who requests a sample
22-13 ballot in large type by exercising the option provided pursuant to
22-14 NRS 293.508, or in any other manner, must be printed in at least
22-15 14-point type, or larger when practicable.
22-16 7. If a person requests a sample ballot in large type, the county
22-17 clerk shall ensure that all future sample ballots mailed to that person
22-18 from the county are in large type.
22-19 8. The county clerk shall include in each sample ballot a
22-20 statement indicating that the county clerk will, upon request of a
22-21 voter who is elderly or disabled, make reasonable accommodations
22-22 to allow the voter to vote at his polling place and provide reasonable
22-23 assistance to the voter in casting his vote, including, without
22-24 limitation, providing appropriate materials to assist the voter. In
22-25 addition, if the county clerk has provided pursuant to subsection 4
22-26 of NRS 293.2955 for the placement at centralized voting locations
22-27 of specially equipped voting devices for use by voters who are
22-28 elderly or disabled, the county clerk shall include in the sample
22-29 ballot a statement indicating:
22-30 (a) The addresses of such centralized voting locations;
22-31 (b) The types of specially equipped voting devices available at
22-32 such centralized voting locations; and
22-33 (c) That a voter who is elderly or disabled may cast his ballot
22-34 at such a centralized voting location rather than at his regularly
22-35 designated polling place.
22-36 9. The cost of mailing sample ballots for any election other
22-37 than a primary or general election must be borne by the political
22-38 subdivision holding the election.
22-39 Sec. 23. NRS 293B.084 is hereby amended to read as follows:
22-40 293B.084 A mechanical recording device which directly
22-41 records votes electronically must:
22-42 1. Bear a number which identifies that mechanical recording
22-43 device.
23-1 2. Be equipped with a storage device which:
23-2 (a) Stores the ballots voted on the mechanical recording device;
23-3 (b) Can be removed from the mechanical recording device for
23-4 the purpose of transporting the ballots stored therein to a central
23-5 counting place; and
23-6 (c) Bears the same number as the mechanical recording device.
23-7 3. Be designed in such a manner that voted ballots may be
23-8 stored within the mechanical recording device and the storage
23-9 device required pursuant to subsection 2 at the same time.
23-10 4. [Provide] Be capable of providing a record printed on paper
23-11 of:
23-12 (a) Each ballot voted on the mechanical recording device; and
23-13 (b) The total number of votes recorded on the mechanical
23-14 recording device for each candidate and for or against each measure.
23-15 Sec. 24. NRS 293B.165 is hereby amended to read as follows:
23-16 293B.165 1. A test conducted in the manner prescribed in
23-17 subsections 1 and 2 of NRS 293B.155 [shall] must be conducted
23-18 immediately before the start of the official count of the ballots and
23-19 again [immediately] within 24 hours after the official count of the
23-20 ballots.
23-21 2. Such tests [shall] must be certified by the accuracy
23-22 certification board.
23-23 Sec. 25. NRS 293B.265 is hereby amended to read as follows:
23-24 293B.265 1. A member of an election board shall not serve in
23-25 any election at which a mechanical voting system is used unless he
23-26 has received instruction and is fully qualified to perform his duties
23-27 in connection with the system.
23-28 2. NRS 293B.220 to [293B.280,] 293B.283, inclusive, do not
23-29 prevent the appointment and service of a member of an election
23-30 board to fill a vacancy in an emergency.
23-31 Sec. 26. NRS 293B.400 is hereby amended to read as follows:
23-32 293B.400 [The]
23-33 1. Except as otherwise provided in this section, if a recount is
23-34 demanded pursuant to the provisions of NRS 293.403 or if an
23-35 election is contested pursuant to NRS 293.407, the county or city
23-36 clerk shall ensure that each mechanical recording device which
23-37 directly [records] recorded votes electronically for the applicable
23-38 election provides a record printed on paper of each ballot voted on
23-39 that device . [as required by paragraph (a) of subsection 4 of NRS
23-40 293B.084 not later than 10 days after the election. The]
23-41 2. In carrying out the requirements of this section, the county
23-42 or city clerk shall [collect] :
23-43 (a) Print only the records required for the recount or contest;
23-44 and
24-1 (b) Collect those records and deposit them in the vaults of the
24-2 county clerk pursuant to NRS 293.391.
24-3 Sec. 27. NRS 293C.222 is hereby amended to read as follows:
24-4 293C.222 1. The city clerk may appoint a pupil as a trainee
24-5 for the position of election board officer. To qualify for such an
24-6 appointment, the pupil must be:
24-7 (a) A United States citizen, a resident of Nevada and a resident
24-8 of the city in which he serves;
24-9 (b) Enrolled [as a senior] in high school; and
24-10 (c) At the time of service, [enrolled in or have completed a high
24-11 school course in American government in accordance with NRS
24-12 389.020; and
24-13 (d) Performing at an academic level deemed acceptable by the
24-14 principal of the pupil’s high school.] at least 16 years of age.
24-15 2. The city clerk may only appoint a pupil as a trainee if:
24-16 (a) The pupil is appointed without party affiliation;
24-17 (b) The city clerk sends the pupil a certificate stating the date
24-18 and hours that the pupil[, upon approval,] will act as a trainee;
24-19 (c) At least 20 days before the election in which the pupil will
24-20 act as a trainee, the principal of his high school or his assigned
24-21 school counselor receives the city clerk’s certificate and a written
24-22 request signed by his parent or guardian to be excused from school
24-23 for the time specified in the certificate;
24-24 (d) The principal of the high school or the assigned school
24-25 counselor of the pupil approves the pupil’s request; and
24-26 (e) The pupil attends the training class required by
24-27 NRS 293B.260.
24-28 3. [The] Except as otherwise provided in this subsection, the
24-29 city clerk may assign a trainee such duties as the city clerk deems
24-30 appropriate. The city clerk shall not [require] :
24-31 (a) Require the trainee to perform those duties later than 10
24-32 p.m., or any applicable curfew, whichever is earlier[.] ; or
24-33 (b) Assign more than one trainee to serve as an election board
24-34 officer in any one precinct.
24-35 4. The city clerk may compensate a trainee for his service at
24-36 the same rate fixed for election board officers generally.
24-37 Sec. 28. NRS 293C.281 is hereby amended to read as follows:
24-38 293C.281 1. Except as otherwise provided in subsection 2, at
24-39 all times during which a polling place is open, the polling place
24-40 must:
24-41 (a) Be accessible to a voter who is elderly or disabled; and
24-42 (b) Have at least one voting booth that is:
24-43 (1) Designed to allow a voter in a wheelchair to vote;
24-44 (2) Designated for use by a voter who is elderly or disabled;
24-45 and
25-1 (3) Equipped to allow a voter who is elderly or disabled to
25-2 vote with the same privacy as a voter who is not elderly or disabled.
25-3 2. A polling place that does not comply with the provisions of
25-4 subsection 1 may be used if necessary because of a natural disaster,
25-5 including, without limitation, an earthquake, flood, fire or storm.
25-6 3. At each polling place, the city clerk is encouraged to:
25-7 (a) Post in a conspicuous place, in at least 12-point type,
25-8 instructions for voting;
25-9 (b) Provide ballots in alternative audio and visual formats for
25-10 use by a voter who is elderly or disabled; and
25-11 (c) Provide, in alternative audio and visual formats for use by a
25-12 voter who is elderly or disabled, all materials that are:
25-13 (1) Related to the election; and
25-14 (2) Made available to a voter in printed form at the polling
25-15 place.
25-16 4. As an alternative to carrying out the functions described in
25-17 subsection 3, if in the opinion of the city clerk the needs of voters
25-18 who are elderly or disabled requiring the use of specially equipped
25-19 voting devices will be best served by placing such devices at
25-20 centralized voting locations, he may so provide. If the city clerk
25-21 provides for the placement of specially equipped voting devices at
25-22 centralized locations, a voter who is elderly or disabled and
25-23 requires the use of such a device to be able to cast his ballot
25-24 without assistance may cast his ballot at any centralized voting
25-25 location designated by the city clerk.
25-26 Sec. 29. NRS 293C.310 is hereby amended to read as follows:
25-27 293C.310 1. Except as otherwise provided in NRS 293.502
25-28 and 293C.265, a registered voter who provides sufficient written
25-29 notice to the city clerk may vote an absent ballot as provided in this
25-30 chapter.
25-31 2. A registered voter who:
25-32 (a) Is at least 65 years of age; or
25-33 (b) Has a physical disability or condition that substantially
25-34 impairs his ability to go to the polling place,
25-35 may request an absent ballot for all elections held during the year he
25-36 requests an absent ballot. [The registered voter must include in his
25-37 request a description of his physical disability or condition.]
25-38 3. As used in this section, “sufficient written notice” means a:
25-39 (a) Written request for an absent ballot that is signed by the
25-40 registered voter and returned to the city clerk in person or by mail or
25-41 facsimile machine;
25-42 (b) Form prescribed by the Secretary of State that is completed
25-43 and signed by the registered voter and returned to the city clerk in
25-44 person or by mail or facsimile machine; or
25-45 (c) Form provided by the Federal Government.
26-1 4. A city clerk shall consider a request from a voter who has
26-2 given sufficient written notice on a form provided by the Federal
26-3 Government as a request for the primary city election and the
26-4 general city election unless otherwise specified in the request.
26-5 5. It is unlawful for a person fraudulently to request an absent
26-6 ballot in the name of another person or to induce or coerce another
26-7 person fraudulently to request an absent ballot in the name of
26-8 another person. A person who violates any provision of this
26-9 subsection is guilty of a category E felony and shall be punished as
26-10 provided in NRS 193.130.
26-11 Sec. 30. NRS 293C.390 is hereby amended to read as follows:
26-12 293C.390 1. The voted ballots, rejected ballots, spoiled
26-13 ballots, challenge lists, voting receipts, records printed on paper of
26-14 voted ballots collected pursuant to NRS 293B.400, and stubs of the
26-15 ballots used, enclosed and sealed, must, after canvass of the votes by
26-16 the governing body of the city, be deposited in the vaults of the city
26-17 clerk. The records of voted ballots that are maintained in
26-18 electronic form must, after canvass of the votes by the governing
26-19 body of the city, be sealed and deposited in the vaults of the city
26-20 clerk. The tally lists and pollbooks collected pursuant to NRS
26-21 293B.400 must, after canvass of the votes by the governing body of
26-22 the city, be deposited in the vaults of the city clerk without being
26-23 sealed. All materials described by this subsection must be preserved
26-24 for at least 22 months and all such sealed materials must be
26-25 destroyed immediately after that period. A notice of the destruction
26-26 must be published by the city clerk in at least one newspaper of
26-27 general circulation in the city, or if no newspaper is of general
26-28 circulation in that city, in a newspaper of general circulation in the
26-29 nearest city, not less than 2 weeks before the destruction of the
26-30 materials.
26-31 2. Unused ballots, enclosed and sealed, must, after canvass of
26-32 the votes by the governing body of the city, be deposited in the
26-33 vaults of the city clerk and preserved for at least the period during
26-34 which the election may be contested and adjudicated, after which
26-35 the unused ballots may be destroyed.
26-36 3. The pollbooks containing the signatures of those persons
26-37 who voted in the election and the tally lists deposited with the
26-38 governing body of the city are subject to the inspection of any
26-39 elector who may wish to examine them at any time after their
26-40 deposit with the city clerk.
26-41 4. A contestant of an election may inspect all of the material
26-42 relating to that election which is preserved pursuant to subsection 1
26-43 or 2, except the voted ballots.
26-44 5. The voted ballots deposited with the city clerk are not
26-45 subject to the inspection of any person, except in a contested
27-1 election, and only by the judge, body or board before whom the
27-2 election is being contested, or by the parties to the contest, jointly,
27-3 pursuant to an order of the judge, body or board.
27-4 Sec. 31. NRS 293C.530 is hereby amended to read as follows:
27-5 293C.530 1. At least 10 days before an election, the city
27-6 clerk shall cause to be mailed to each registered voter in the city a
27-7 sample ballot for his precinct with a notice informing the voter of
27-8 the location of his polling place. If the location of the polling place
27-9 has changed since the last election:
27-10 (a) The city clerk shall mail a notice of the change to each
27-11 registered voter in the city not sooner than 10 days before mailing
27-12 the sample ballots; or
27-13 (b) The sample ballot must also include a notice in bold type
27-14 immediately above the location which states:
27-15 NOTICE: THE LOCATION OF YOUR POLLING PLACE
27-16 HAS CHANGED SINCE THE LAST ELECTION
27-17 2. Except as otherwise provided in subsection 3, a sample
27-18 ballot required to be mailed pursuant to this section must:
27-19 (a) Be printed in at least 12-point type; and
27-20 (b) Include on the front page, in a separate box created by bold
27-21 lines, a notice printed in at least 20-point bold type that states:
27-22 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
27-23 LARGE TYPE, CALL (Insert appropriate telephone number)
27-24 3. A portion of a sample ballot that contains a facsimile of the
27-25 display area of a voting device may include material in less than
27-26 12-point type to the extent necessary to make the facsimile fit on the
27-27 pages of the sample ballot.
27-28 4. The sample ballot mailed to a person who requests a sample
27-29 ballot in large type by exercising the option provided pursuant to
27-30 NRS 293.508, or in any other manner, must be printed in at least
27-31 14-point type, or larger when practicable.
27-32 5. If a person requests a sample ballot in large type, the city
27-33 clerk shall ensure that all future sample ballots mailed to that person
27-34 from the city are in large type.
27-35 6. The city clerk shall include in each sample ballot a statement
27-36 indicating that the city clerk will, upon request of a voter who is
27-37 elderly or disabled, make reasonable accommodations to allow the
27-38 voter to vote at his polling place and provide reasonable assistance
27-39 to the voter in casting his vote, including, without limitation,
27-40 providing appropriate materials to assist the voter. In addition, if
27-41 the city clerk has provided pursuant to subsection 4 of NRS
28-1 293C.281 for the placement at centralized voting locations of
28-2 specially equipped voting devices for use by voters who are elderly
28-3 or disabled, the city clerk shall include in the sample ballot a
28-4 statement indicating:
28-5 (a) The addresses of such centralized voting locations;
28-6 (b) The types of specially equipped voting devices available at
28-7 such centralized voting locations; and
28-8 (c) That a voter who is elderly or disabled may cast his ballot
28-9 at such a centralized voting location rather than at his regularly
28-10 designated polling place.
28-11 7. The cost of mailing sample ballots for a city election must
28-12 be borne by the city holding the election.
28-13 Sec. 32. NRS 293C.720 is hereby amended to read as follows:
28-14 293C.720 Each city clerk is encouraged to:
28-15 1. Not later than the earlier date of the first notice provided
28-16 pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify
28-17 the public, through means designed to reach members of the public
28-18 who are elderly or disabled, of the provisions of NRS 293C.281,
28-19 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS
28-20 293C.317 and 293C.318.
28-21 2. Provide in alternative audio and visual formats information
28-22 concerning elections, information concerning how to register to vote
28-23 and information concerning the manner of voting for use by a
28-24 person who is elderly or disabled, including, without limitation,
28-25 providing such information through a telecommunications device
28-26 that is accessible to a person who is deaf.
28-27 3. Not later than 5 working days after receiving the request of
28-28 an elderly or disabled person, provide to the person, in a format that
28-29 can be used by the person, any requested material that is:
28-30 (a) Related to elections; and
28-31 (b) Made available by the city clerk to the public in printed
28-32 form.
28-33 Sec. 33. NRS 295.121 is hereby amended to read as follows:
28-34 295.121 1. In a county whose population is 100,000 or more,
28-35 for each county-wide initiative, referendum or other question to be
28-36 placed on the ballot by the board , [or county clerk,] including,
28-37 without limitation, pursuant to NRS 293.482, 295.115 or 295.160,
28-38 the board shall, in consultation with the county clerk pursuant to
28-39 subsection 4, appoint two committees. Except as otherwise provided
28-40 in subsection 2, one committee must be composed of three persons
28-41 who favor approval by the voters of the initiative, referendum or
28-42 other question and the other committee must be composed of three
28-43 persons who oppose approval by the voters of the initiative,
28-44 referendum or other question.
29-1 2. If, after consulting with the county clerk pursuant to
29-2 subsection 4, the board is unable to appoint three persons who are
29-3 willing to serve on a committee, the board may appoint fewer than
29-4 three persons to that committee, but the board must appoint at least
29-5 one person to each committee appointed pursuant to this section.
29-6 3. With respect to a committee appointed pursuant to this
29-7 section:
29-8 (a) A person may not serve simultaneously on the committee
29-9 that favors approval by the voters of an initiative, referendum or
29-10 other question and the committee that opposes approval by the
29-11 voters of that initiative, referendum or other question.
29-12 (b) Members of the committee serve without compensation.
29-13 (c) The term of office for each member commences upon
29-14 appointment and expires upon the publication of the sample ballot
29-15 containing the initiative, referendum or other question.
29-16 4. Before the board appoints a committee pursuant to this
29-17 section, the county clerk shall:
29-18 (a) Recommend to the board persons to be appointed to the
29-19 committee; and
29-20 (b) Consider recommending pursuant to paragraph (a):
29-21 (1) Any person who has expressed an interest in serving on
29-22 the committee; and
29-23 (2) A person who is a member of an organization that has
29-24 expressed an interest in having a member of the organization serve
29-25 on the committee.
29-26 5. If the board of a county whose population is 100,000 or
29-27 more fails to appoint a committee as required pursuant to this
29-28 section, the county clerk shall appoint the committee.
29-29 6. A committee appointed pursuant to this section:
29-30 (a) Shall elect a chairman for the committee;
29-31 (b) Shall meet and conduct its affairs as necessary to fulfill the
29-32 requirements of this section;
29-33 (c) May seek and consider comments from the general public;
29-34 (d) Shall, based on whether the members were appointed to
29-35 advocate or oppose approval by the voters of the initiative,
29-36 referendum or other question, prepare an argument either advocating
29-37 or opposing approval by the voters of the initiative, referendum or
29-38 other question;
29-39 (e) Shall prepare a rebuttal to the argument prepared by the other
29-40 committee appointed pursuant to this section; and
29-41 (f) Shall submit the argument and rebuttal prepared pursuant to
29-42 paragraphs (d) and (e) to the county clerk not later than the date
29-43 prescribed by the county clerk pursuant to subsection 7.
29-44 7. The county clerk of a county whose population is 100,000 or
29-45 more shall provide, by rule or regulation:
30-1 (a) The maximum permissible length of an argument or rebuttal
30-2 prepared pursuant to this section; and
30-3 (b) The date by which an argument or rebuttal prepared pursuant
30-4 to this section must be submitted by the committee to the county
30-5 clerk.
30-6 8. Upon receipt of an argument or rebuttal prepared pursuant to
30-7 this section, the county clerk:
30-8 (a) May consult with persons who are generally recognized by a
30-9 national or statewide organization as having expertise in the field or
30-10 area to which the initiative, referendum or other question pertains;
30-11 and
30-12 (b) Shall reject each statement in the argument or rebuttal that he
30-13 believes is libelous or factually inaccurate.
30-14 Not later than 5 days after the county clerk rejects a statement
30-15 pursuant to this subsection, the committee may appeal that rejection
30-16 to the district attorney. The district attorney shall review the
30-17 statement and the reasons for its rejection and may receive evidence,
30-18 documentary or testimonial, to aid him in his decision. Not later
30-19 than 3 business days after the appeal by the committee, the district
30-20 attorney shall issue his decision rejecting or accepting the statement.
30-21 The decision of the district attorney is a final decision for the
30-22 purposes of judicial review.
30-23 9. The county clerk shall place in the sample ballot provided to
30-24 the registered voters of the county each argument and rebuttal
30-25 prepared pursuant to this section, containing all statements that were
30-26 not rejected pursuant to subsection 8. The county clerk may revise
30-27 the language submitted by the committee so that it is clear, concise
30-28 and suitable for incorporation in the sample ballot, but shall not alter
30-29 the meaning or effect without the consent of the committee.
30-30 10. In a county whose population is less than 100,000:
30-31 (a) The board may appoint committees pursuant to this section.
30-32 (b) If the board appoints committees pursuant to this section, the
30-33 county clerk shall provide for rules or regulations pursuant to
30-34 subsection 7.
30-35 11. The provisions of chapter 241 of NRS do not apply to any
30-36 consultations, deliberations, hearings or meetings conducted
30-37 pursuant to this section.
30-38 Sec. 34. Chapter 269 of NRS is hereby amended by adding
30-39 thereto a new section to read as follows:
30-40 If at 5 p.m. on the last day for filing a notice of intention of
30-41 candidacy for the position of member of a town board, there is
30-42 only one candidate who has filed a notice of intention for the
30-43 position, that candidate must be declared elected and no election
30-44 may be held for that position.
31-1 Sec. 35. NRS 269.016 is hereby amended to read as follows:
31-2 269.016 A town board form of government, for the purpose of
31-3 governing such town in accordance with the powers specified in this
31-4 chapter, may be established for any unincorporated town in the State
31-5 of Nevada. The town board form of government [shall] must be
31-6 adopted in the manner provided in NRS 269.0165 or [NRS] 269.017
31-7 to 269.019, inclusive [.] , and section 34 of this act.
31-8 Sec. 36. Section 7 of the Moapa Valley Water District Act,
31-9 being chapter 477, Statutes of Nevada 1983, as last amended by
31-10 chapter 218, Statutes of Nevada 2001, at page 991, is hereby
31-11 amended to read as follows:
31-12 Sec. 7. 1. Unless otherwise required for purposes of
31-13 an election to incur an indebtedness, the Registrar of Voters
31-14 of Clark County shall conduct, supervise and, by ordinance,
31-15 regulate all district elections in accordance, as nearly as
31-16 practicable, with the general election laws of the State,
31-17 including, but not limited to, laws relating to the time of
31-18 opening and closing of polls, the manner of conducting the
31-19 election, the canvassing, announcement and certification of
31-20 results, and the preparation and disposition of ballots.
31-21 2. A candidate for election to the Board shall file a
31-22 declaration of candidacy with the Registrar of Voters of Clark
31-23 County. The declaration of candidacy must be filed not earlier
31-24 than the first Monday in May of the year in which the election
31-25 is to be held and not later than 5 p.m. on the [third] second
31-26 Friday after the first Monday in May of that year. Timely
31-27 filing of such a declaration is a prerequisite to election.
31-28 3. Each member of the Board must be elected by a
31-29 plurality of the registered voters voting in the election area
31-30 which the member represents. If there are two seats upon the
31-31 Board to be filled at the same election, each of which
31-32 represents the same election area, the two candidates therefor
31-33 receiving the highest number of votes, respectively, are
31-34 elected.
31-35 4. If a member of the Board is unopposed in seeking
31-36 reelection, the Board may declare that member elected
31-37 without a formal election, but that member must not
31-38 participate in the declaration.
31-39 5. If no person files candidacy for election to a particular
31-40 seat upon the Board, the seat must be filled in the manner of
31-41 filling a vacancy.
31-42 Sec. 37. NRS 293.337, 293B.280 and 293C.337 are hereby
31-43 repealed.
32-1 TEXT OF REPEALED SECTIONS
32-2 293.337 Registered voter not receiving absent ballot after
32-3 application may vote in person on receipt of certificate. The
32-4 provisions of this chapter do not prohibit any registered voter who
32-5 has applied for, but not received, an absent ballot from
32-6 communicating that fact to the county clerk, receiving a certificate
32-7 so stating and voting in person on election day in the manner
32-8 provided by NRS 293.277.
32-9 293B.280 Testing of mechanical recording devices by
32-10 members of election board. Before the polls are open for
32-11 election, the members of the election board shall test every
32-12 mechanical recording device by fully voting on it with an unofficial
32-13 ballot.
32-14 293C.337 Registered voter not receiving absent ballot after
32-15 application may vote in person on receipt of certificate. The
32-16 provisions of this chapter do not prohibit any registered voter who
32-17 has applied for, but not received, an absent ballot from
32-18 communicating that fact to the city clerk, receiving a certificate so
32-19 stating and voting in person on election day in the manner provided
32-20 in NRS 293C.270.
32-21 H