(Reprinted with amendments adopted on April 18, 2003)
FIRST REPRINT A.B. 528
Assembly Bill No. 528–Committee on Elections, Procedures, and Ethics
(One Behalf of the Secretary of State)
March 24, 2003
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes to provisions governing elections and campaign finance. (BDR 24‑559)
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; specifying how periods of time are measured for election duties; revising provisions governing the circulation of certain petitions; changing the date by which a county clerk must determine the number of registered voters of each major political party in each precinct; revising the provisions governing the consequences of a candidate’s death; specifying that filing fees are not refundable; changing the date by which the canvass of votes for certain offices and questions must occur; clarifying that minor political parties may receive a list of registered voters from the county clerk without charge; prohibiting certain persons and entities from selling such a list or using such list for a purpose that is not related to an election; revising the provisions governing the date by which sample ballots must be mailed to the registered voters; expanding the definition of a committee for the recall of a public officer; changing the officer with whom a candidate who is not elected must file a report concerning unspent contributions; changing the dates by which certain groups must make available information concerning advertising for campaigns; restricting the civil penalties that may be imposed for filing late campaign reports against a public officer or
candidate for public office that is not entitled to receive compensation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 293.1275 is hereby amended to read as
1-2 follows:
1-3 293.1275 1. Except as otherwise provided in this section, in
1-4 computing any period of time specified for the execution of an act
1-5 or event in this title, Saturdays, Sundays, legal holidays and
1-6 holidays proclaimed by the Governor must be counted.
1-7 2. If the last day limited for filing any paper mentioned in this
1-8 title falls on a Saturday, Sunday, legal holiday or any holiday
1-9 proclaimed by the Governor, the period so limited must expire on
1-10 the following business day at 5 p.m.
1-11 3. Saturdays, Sundays, and holidays must not be counted if
1-12 the provision specifying the period states that:
1-13 (a) Any such days are excluded; or
1-14 (b) The period is measured by working days.
1-15 Sec. 2. NRS 293.128 is hereby amended to read as follows:
1-16 293.128 1. To qualify as a major political party, any
1-17 organization must, under a common name:
1-18 (a) On January 1 preceding any primary election, have been
1-19 designated as a political party on the applications to register to vote
1-20 of at least 10 percent of the total number of registered voters in this
1-21 state; or
1-22 (b) File a petition with the Secretary of State not later than the
1-23 last Friday in April before any primary election signed by a number
1-24 of registered voters equal to or more than 10 percent of the total
1-25 number of votes cast at the last preceding general election for the
1-26 offices of Representative in Congress.
1-27 2. If a petition is filed pursuant to paragraph (b) of subsection
1-28 1, the names of the voters need not all be on one document, but each
1-29 document of the petition must be verified by [at least one of its
1-30 signers] the circulator thereof to the effect that the signers are
1-31 registered voters of this state according to his best information and
1-32 belief and that the signatures are genuine and were signed in his
1-33 presence. Each document of the petition must bear the name of a
1-34 county and only registered voters of that county may sign the
1-35 document. The documents which are circulated for signature must
1-36 then be submitted for verification pursuant to NRS 293.1276 to
1-37 293.1279, inclusive, not later than 25 working days before the last
1-38 Friday in April preceding a primary election.
2-1 3. In addition to the requirements set forth in subsection 1,
2-2 each organization which wishes to qualify as a political party must
2-3 file with the Secretary of State a certificate of existence which
2-4 includes the:
2-5 (a) Name of the political party;
2-6 (b) Names and addresses of its officers;
2-7 (c) Names of the members of its executive committee; and
2-8 (d) Name of the person who is authorized by the party to act as
2-9 resident agent in this state.
2-10 4. A political party shall file with the Secretary of State an
2-11 amended certificate of existence within 5 days after any change in
2-12 the information contained in the certificate.
2-13 Sec. 3. NRS 293.133 is hereby amended to read as follows:
2-14 293.133 1. The number of delegates from each voting
2-15 precinct in each county to the county convention of any major
2-16 political party for that county must be in proportion to the number of
2-17 registered voters of that party residing in the precinct as follows:
2-18 (a) In the counties in which the total number of registered voters
2-19 of that party has not exceeded 400, each precinct is entitled to one
2-20 delegate for each [five] 5 registered voters.
2-21 (b) In counties in which the total number of registered voters of
2-22 that party has exceeded 400 but has not exceeded 600, each precinct
2-23 is entitled to one delegate for each [eight] 8 registered voters.
2-24 (c) In counties in which the total number of registered voters of
2-25 that party has exceeded 600 but has not exceeded 800, each precinct
2-26 is entitled to one delegate for each 10 registered voters.
2-27 (d) In counties in which the total number of registered voters of
2-28 that party has exceeded 800 but has not exceeded 1,400, each
2-29 precinct is entitled to one delegate for each 15 registered voters.
2-30 (e) In counties in which the total number of registered voters of
2-31 that party has exceeded 1,400 but has not exceeded 2,000, each
2-32 precinct is entitled to one delegate for each 20 registered voters or
2-33 major fraction thereof.
2-34 (f) In counties in which the total number of registered voters of
2-35 that party has exceeded 2,000 but has not exceeded 3,000, each
2-36 precinct is entitled to one delegate for each 30 registered voters or
2-37 major fraction thereof.
2-38 (g) In counties in which the total number of registered voters of
2-39 that party has exceeded 3,000 but has not exceeded 4,000, each
2-40 precinct is entitled to one delegate for each 35 registered voters or
2-41 major fraction thereof.
2-42 (h) In counties in which the total number of registered voters of
2-43 that party has exceeded 4,000, each precinct is entitled to one
2-44 delegate for each 50 registered voters or major fraction thereof.
3-1 2. The county clerk shall determine the number of registered
3-2 voters of each party in each precinct as of [the first Monday in]
3-3 January 1 of each year in which a convention is held, and shall
3-4 notify the Secretary of State and the county central committee of
3-5 each major political party of those numbers within 30 days after the
3-6 determinative date.
3-7 3. In all counties every precinct is entitled to at least one
3-8 delegate to each county convention.
3-9 Sec. 4. NRS 293.165 is hereby amended to read as follows:
3-10 293.165 1. Except as otherwise provided in NRS 293.166, a
3-11 vacancy occurring in a major or minor political party nomination for
3-12 a partisan office may be filled by a candidate designated by the
3-13 party central committee of the county or State, as the case may be,
3-14 of the major political party or by the executive committee of the
3-15 minor political party subject to the provisions of subsections 4
3-16 and 5.
3-17 2. A vacancy occurring in a nonpartisan nomination after the
3-18 close of filing and on or before 5 p.m. of the second Tuesday in
3-19 [August] July must be filled by filing a nominating petition that is
3-20 signed by registered voters of the State, county, district or
3-21 municipality who may vote for the office in question. The number
3-22 of registered voters who sign the petition must not be less than 1
3-23 percent of the number of persons who voted for the office in
3-24 question in the State, county, district or municipality at the last
3-25 preceding general election. The petition must be filed not earlier
3-26 than the first Tuesday in June and not later than the fourth Tuesday
3-27 in [August.] July. The petition may consist of more than one
3-28 document. Each document must bear the name of one county and
3-29 must be signed only by a person who is a registered voter of that
3-30 county and who may vote for the office in question. Each document
3-31 of the petition must be submitted for verification pursuant to NRS
3-32 293.1276 to 293.1279, inclusive, to the county clerk of the county
3-33 named on the document. A candidate nominated pursuant to the
3-34 provisions of this subsection:
3-35 (a) Must file a declaration of candidacy or acceptance of
3-36 candidacy and pay the statutory filing fee on or before the date the
3-37 petition is filed; and
3-38 (b) May be elected only at a general election and his name must
3-39 not appear on the ballot for a primary election.
3-40 3. A vacancy occurring in a nonpartisan nomination after 5
3-41 p.m. of the second Tuesday in [August] July and on or before 5 p.m.
3-42 of the second Tuesday in September must be filled by the person
3-43 who receives the next highest vote for the nomination in the
3-44 primary.
4-1 4. No change may be made on the ballot for the general
4-2 election after 5 p.m. of the second Tuesday in September of the year
4-3 in which the general election is held. If a nominee dies after that
4-4 time and date, his name must remain on the ballot for the general
4-5 election and, if elected, a vacancy exists.
4-6 5. All designations provided for in this section must be filed on
4-7 or before 5p.m. on the second Tuesday in September. In each case,
4-8 the statutory filing fee must be paid and an acceptance of the
4-9 designation must be filed on or before 5p.m. on the date the
4-10 designation is filed.
4-11 Sec. 5. NRS 293.193 is hereby amended to read as follows:
4-12 293.193 1. Fees as listed in this section for filing declarations
4-13 of candidacy or acceptances of candidacy must be paid to the filing
4-14 officer by cash, cashier’s check or certified check.
4-15 United States Senator........................ $500
4-16 Representative in Congress................ 300
4-17 Governor............................................. 300
4-18 Justice of the Supreme Court............. 300
4-19 Any state office, other than Governor or justice
4-20 of the Supreme Court..................... 200
4-21 District judge....................................... 150
4-22 Justice of the peace............................. 100
4-23 Any county office................................ 100
4-24 State Senator........................................ 100
4-25 Assemblyman...................................... 100
4-26 Any district office other than district judge 30
4-27 Constable or other town or township office30
4-28 For the purposes of this subsection, trustee of a county school
4-29 district, hospital or hospital district is not a county office.
4-30 2. No filing fee may be required from a candidate for an office
4-31 the holder of which receives no compensation.
4-32 3. The county clerk shall pay to the county treasurer all filing
4-33 fees received by him from candidates. The county treasurer shall
4-34 deposit the money to the credit of the general fund of the county.
4-35 4. Except as otherwise provided in NRS 293.194, a filing fee
4-36 paid pursuant to this section is not refundable.
4-37 Sec. 6. NRS 293.200 is hereby amended to read as follows:
4-38 293.200 1. An independent candidate for partisan office must
4-39 file with the appropriate filing officer:
4-40 (a) A copy of the petition of candidacy that he intends to
4-41 subsequently circulate for signatures. The copy must be filed not
4-42 earlier than the January 2 preceding the date of the election and not
4-43 later than 25 working days before the last day to file the petition
5-1 pursuant to subsection 4. [The copy must also be filed before the
5-2 petition may be circulated.]
5-3 (b) Either of the following:
5-4 (1) A petition of candidacy signed by a number of registered
5-5 voters equal to at least 1 percent of the total number of ballots cast
5-6 in:
5-7 (I) This state for that office at the last preceding general
5-8 election in which a person was elected to that office, if the office is a
5-9 statewide office;
5-10 (II) The county for that office at the last preceding general
5-11 election in which a person was elected to that office, if the office is a
5-12 county office; or
5-13 (III) The district for that office at the last preceding
5-14 general election in which a person was elected to that office, if the
5-15 office is a district office.
5-16 (2) A petition of candidacy signed by 250 registered voters if
5-17 the candidate is a candidate for statewide office, or signed by 100
5-18 registered voters if the candidate is a candidate for any office other
5-19 than a statewide office.
5-20 2. The petition may consist of more than one document. Each
5-21 document must bear the name of the county in which it was
5-22 circulated , and only registered voters of that county may sign the
5-23 document. If the office is not a statewide office, only the registered
5-24 voters of the county, district or municipality in question may sign
5-25 the document. The documents that are circulated for signature in a
5-26 county must be submitted to that county clerk for verification in the
5-27 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not
5-28 later than 25 working days before the last day to file the petition
5-29 pursuant to subsection 4. Each person who signs the petition shall
5-30 add to his signature the address of the place at which he actually
5-31 resides, the date that he signs the petition and the name of the
5-32 county where he is registered to vote. The person who circulates
5-33 each document of the petition shall sign an affidavit attesting that
5-34 the signatures on the document are genuine to the best of his
5-35 knowledge and belief and were signed in his presence by persons
5-36 registered to vote in that county.
5-37 3. The petition of candidacy may state the principle, if any,
5-38 which the person qualified represents.
5-39 4. Petitions of candidacy must be filed not earlier than the first
5-40 Monday in May preceding the general election and not later than 5
5-41 p.m. on the third Monday in May.
5-42 5. No petition of candidacy may contain the name of more than
5-43 one candidate for each office to be filled.
5-44 6. A person may not file as an independent candidate if he is
5-45 proposing to run as the candidate of a political party.
6-1 7. The names of independent candidates must be placed on the
6-2 general election ballot and must not appear on the primary election
6-3 ballot.
6-4 8. If the candidacy of any person seeking to qualify pursuant to
6-5 this section is challenged, all affidavits and documents in support of
6-6 the challenge must be filed not later than 5 p.m. on the fourth
6-7 Monday in May. Any judicial proceeding resulting from the
6-8 challenge must be set for hearing not more than 5 days after the
6-9 fourth Monday in May.
6-10 9. Any challenge pursuant to subsection 8 must be filed with:
6-11 (a) The first judicial district court if the petition of candidacy
6-12 was filed with the Secretary of State.
6-13 (b) The district court for the county where the petition of
6-14 candidacy was filed if the petition was filed with a county clerk.
6-15 10. An independent candidate for partisan office must file a
6-16 declaration of candidacy with the appropriate filing officer and pay
6-17 the fee required by NRS 293.193 not earlier than the first Monday in
6-18 May of the year in which the election is held nor later than 5 p.m. on
6-19 the third Monday in May.
6-20 Sec. 7. NRS 293.302 is hereby amended to read as follows:
6-21 293.302 If a candidate whose name appears on the ballot at a
6-22 primary election or general election dies [within the periods] after
6-23 the applicable dates set forth in NRS 293.368[,] but before the
6-24 time of the closing of the polls on the day of the election, the
6-25 county clerk shall post a notice of the candidate’s death at each
6-26 polling place where the candidate’s name will appear on the ballot
6-27 [.] for the primary election or general election.
6-28 Sec. 8. NRS 293.368 is hereby amended to read as follows:
6-29 293.368 1. Whenever a candidate whose name appears
6-30 upon the ballot at a primary election dies after 5 p.m. of the
6-31 second Tuesday in July, his name must remain on the ballot and
6-32 the votes cast for the deceased candidate must be counted in
6-33 determining the nomination for the office for which the decedent
6-34 was a candidate.
6-35 2. If the deceased candidate on the ballot at the primary
6-36 election receives the number of votes required to receive the
6-37 nomination to the office for which he was a candidate, except as
6-38 otherwise provided in subsection 3 of NRS 293.165, he shall be
6-39 deemed nominated and there shall be a vacancy in the nomination
6-40 that must be filled as provided in NRS 293.165 or 293.166. If the
6-41 deceased person was a candidate for a nonpartisan office, the
6-42 nomination must be filled pursuant to subsection 2 of
6-43 NRS 293.165.
6-44 3. Whenever a candidate whose name appears upon the ballot
6-45 at a general election dies after 5p.m. of the [third] second Tuesday
7-1 in September , [and before the time of the closing of the polls on the
7-2 day of the election,] the votes cast for the deceased candidate must
7-3 be counted in determining the results of the election for the office
7-4 for which the decedent was a candidate.
7-5 [2.] 4. If the deceased candidate on the ballot at the general
7-6 election receives the majority of the votes cast for the office, he
7-7 shall be deemed elected and the office to which he was elected shall
7-8 be deemed vacant at the beginning of the term for which he was
7-9 elected. The vacancy thus created must be filled in the same manner
7-10 as if the candidate had died after taking office for that term.
7-11 Sec. 9. NRS 293.395 is hereby amended to read as follows:
7-12 293.395 1. The board of county commissioners, after making
7-13 the abstract of votes as provided in NRS 293.393, shall cause the
7-14 county clerk to certify the abstract and, by an order made and
7-15 entered in the minutes of its proceedings, to make:
7-16 (a) A copy of the certified abstract; and
7-17 (b) A mechanized report of that abstract in compliance with
7-18 regulations adopted by the Secretary of State,
7-19 and forthwith transmit them to the Secretary of State.
7-20 2. On the fourth [Wednesday] Tuesday of November after each
7-21 general election, the justices of the Supreme Court, or a majority
7-22 thereof, shall meet with the Secretary of State, and shall open and
7-23 canvass the vote for the number of presidential electors to which this
7-24 state may be entitled, United States Senator, Representative in
7-25 Congress, members of the Legislature, state officers who are elected
7-26 statewide or by district, district judges, or district officers whose
7-27 districts include area in more than one county and for and against
7-28 any question submitted.
7-29 3. The Governor shall issue certificates of election to and
7-30 commission the persons having the highest number of votes and
7-31 shall issue proclamations declaring the election of those persons.
7-32 Sec. 10. NRS 293.405 is hereby amended to read as follows:
7-33 293.405 1. If the person who demanded the recount does not
7-34 prevail, and it is found that the sum deposited was less than the cost
7-35 of the recount, the person shall, upon demand, pay the deficiency to
7-36 the county clerk, city clerk or Secretary of State, as the case may be.
7-37 If the sum deposited is in excess of the cost, the excess must be
7-38 refunded to him.
7-39 2. If the person who demanded the recount prevails, the sum
7-40 deposited with the Secretary of State, county clerk or city clerk must
7-41 be refunded to the person and the cost of the recount must be paid as
7-42 follows:
7-43 (a) If the recount concerns an office or ballot question for which
7-44 voting is not statewide, the cost must be borne by the county or city
7-45 which conducted the recount.
8-1 (b) If the recount concerns an office or ballot question for which
8-2 voting is statewide, the clerk of each county shall submit a statement
8-3 of its costs in the recount to the Secretary of State for review and
8-4 approval. The Secretary of State shall submit the statements to the
8-5 State Board of Examiners, which shall repay the allowable costs
8-6 from the Reserve for Statutory Contingency Account to the
8-7 respective counties.
8-8 3. Each recount must be commenced within 5 days after
8-9 demand, and must be completed within 5 days after it is begun.
8-10 [Sundays and holidays must not be excluded in determining each
8-11 5‑day period.]
8-12 4. After the recount of a precinct is completed, that precinct
8-13 must not be subject to another recount for the same office or ballot
8-14 question at the same election.
8-15 Sec. 11. NRS 293.440 is hereby amended to read as follows:
8-16 293.440 1. Any person who desires a copy of any list of the
8-17 persons who are registered to vote in any precinct, district or county
8-18 may obtain a copy by applying at the office of the county clerk and
8-19 paying therefor a sum of money equal to one cent per name on the
8-20 list, except that one copy of each original and supplemental list for
8-21 each precinct, district or county must be provided to the state [and]
8-22 or county central committee of any major political party[,] or to the
8-23 executive committee of any minor political party upon request,
8-24 without charge.
8-25 2. Except as otherwise provided in NRS 293.558, the copy of
8-26 the list provided pursuant to this section must indicate the address,
8-27 date of birth, telephone number and the serial number on each
8-28 application to register to vote. If the county maintains this
8-29 information in a computer database, the date of the most recent
8-30 addition or revision to an entry, if made on or after July 1, 1989,
8-31 must be included in the database and on any resulting list of the
8-32 information. The date must be expressed numerically in the order of
8-33 month, day and year.
8-34 3. A county may not pay more than 10 cents per folio or more
8-35 than $6 per thousand copies for printed lists for a precinct or district.
8-36 4. A county which has a system of computers capable of
8-37 recording information on magnetic tape or diskette shall, upon
8-38 request of the state or county central committee of any major
8-39 political party or the executive committee of any minor political
8-40 party which has filed a certificate of existence with the Secretary of
8-41 State, record for that central committee or executive committee on
8-42 magnetic tape or diskette supplied by it:
8-43 (a) The list of persons who are registered to vote and the
8-44 information required in subsection 2; and
9-1 (b) Not more than four times per year, as requested by the
9-2 central committee[:] or the executive committee:
9-3 (1) A complete list of the persons who are registered to vote
9-4 with a notation for the most recent entry of the date on which the
9-5 entry or the latest change in the information was made; or
9-6 (2) A list that includes additions and revisions made to the
9-7 list of persons who are registered to vote after a date specified by the
9-8 central committee[.] or the executive committee.
9-9 5. If a political party does not provide its own magnetic tape or
9-10 diskette, or if a political party requests the list in any other form that
9-11 does not require printing, the county clerk may charge a fee to cover
9-12 the actual cost of providing the tape, diskette or list.
9-13 6. Any state or county central committee of a major political
9-14 party, any executive committee of a minor political party or any
9-15 member or representative of such a central committee or executive
9-16 committee who receives without charge a list of the persons who
9-17 are registered to vote in any precinct, district or county pursuant to
9-18 this section shall not:
9-19 (a) Use the list for any purpose that is not related to an
9-20 election; or
9-21 (b) Sell the list for compensation or other valuable
9-22 consideration.
9-23 Sec. 12. NRS 293.565 is hereby amended to read as follows:
9-24 293.565 1. Except as otherwise provided in subsection 2,
9-25 sample ballots must include:
9-26 (a) The fiscal note, as provided pursuant to NRS 218.443 or
9-27 293.250, for each proposed constitutional amendment or statewide
9-28 measure;
9-29 (b) An explanation, as provided pursuant to NRS 218.443, of
9-30 each proposed constitutional amendment or statewide measure,
9-31 including arguments for and against it; and
9-32 (c) The full text of each proposed constitutional amendment.
9-33 2. Sample ballots that are mailed to registered voters may be
9-34 printed without the full text of each proposed constitutional
9-35 amendment if:
9-36 (a) The cost of printing the sample ballots would be significantly
9-37 reduced if the full text of each proposed constitutional amendment
9-38 were not included;
9-39 (b) The county clerk ensures that a sample ballot that includes
9-40 the full text of each proposed constitutional amendment is provided
9-41 at no charge to each registered voter who requests such a sample
9-42 ballot; and
9-43 (c) The sample ballots provided to each polling place include the
9-44 full text of each proposed constitutional amendment.
10-1 3. [At least] Before the period for early voting, but not later
10-2 than 10 days before any election, the county clerk shall cause to be
10-3 mailed to each registered voter in the county a sample ballot for his
10-4 precinct with a notice informing the voter of the location of his
10-5 polling place. If the location of the polling place has changed since
10-6 the last election:
10-7 (a) The county clerk shall mail a notice of the change to each
10-8 registered voter in the county not sooner than 10 days before
10-9 mailing the sample ballots; or
10-10 (b) The sample ballot must also include a notice in bold type
10-11 immediately above the location which states:
10-12 NOTICE: THE LOCATION OF YOUR POLLING PLACE
10-13 HAS CHANGED SINCE THE LAST ELECTION
10-14 4. Except as otherwise provided in subsection 5, a sample
10-15 ballot required to be mailed pursuant to this section must:
10-16 (a) Be printed in at least 12-point type; and
10-17 (b) Include on the front page, in a separate box created by bold
10-18 lines, a notice printed in at least 20-point bold type that states:
10-19 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
10-20 LARGE TYPE, CALL (Insert appropriate telephone number)
10-21 5. A portion of a sample ballot that contains a facsimile of the
10-22 display area of a voting device may include material in less than
10-23 12-point type to the extent necessary to make the facsimile fit on the
10-24 pages of the sample ballot.
10-25 6. The sample ballot mailed to a person who requests a sample
10-26 ballot in large type by exercising the option provided pursuant to
10-27 NRS 293.508, or in any other manner, must be printed in at least
10-28 14-point type, or larger when practicable.
10-29 7. If a person requests a sample ballot in large type, the county
10-30 clerk shall ensure that all future sample ballots mailed to that person
10-31 from the county are in large type.
10-32 8. The county clerk shall include in each sample ballot a
10-33 statement indicating that the county clerk will, upon request of a
10-34 voter who is elderly or disabled, make reasonable accommodations
10-35 to allow the voter to vote at his polling place and provide reasonable
10-36 assistance to the voter in casting his vote, including, without
10-37 limitation, providing appropriate materials to assist the voter.
10-38 9. The cost of mailing sample ballots for any election other
10-39 than a primary or general election must be borne by the political
10-40 subdivision holding the election.
11-1 Sec. 13. NRS 293C.190 is hereby amended to read as follows:
11-2 293C.190 1. A vacancy occurring in a nomination for a city
11-3 office after the close of filing and on or before 5 p.m. of the first
11-4 Tuesday after the first Monday in [April] March in a year in which
11-5 a general city election is held must be filled by filing a nominating
11-6 petition that is signed by at least 1 percent of the persons who are
11-7 registered to vote and who voted for that office at the last preceding
11-8 general city election. The petition must be filed not earlier than [30
11-9 days before the date of the primary city election] the third Tuesday
11-10 in February and not later than the third Tuesday after the third
11-11 Monday in [April.] March. A candidate nominated pursuant to the
11-12 provisions of this subsection may be elected only at a general city
11-13 election , and his name must not appear on the ballot for a primary
11-14 city election.
11-15 2. A vacancy occurring in a nomination for a city office after [a
11-16 primary city election] 5 p.m. of the first Tuesday after the first
11-17 Monday in March and on or before 5 p.m. of the second Tuesday
11-18 after the second Monday in April must be filled by the person who
11-19 received the next highest vote for the nomination in the primary city
11-20 election.
11-21 3. Except to place a candidate nominated pursuant to
11-22 subsection 1 on the ballot, no change may be made on the ballot for
11-23 the general city election after 5 p.m. of the second Tuesday after the
11-24 second Monday in April of the year in which the general city
11-25 election is held. If a nominee dies after that time and date, his name
11-26 must remain on the ballot for the general city election and, if
11-27 elected, a vacancy exists.
11-28 4. All designations provided for in this section must be filed on
11-29 or before 5 p.m. on the second Tuesday after the second Monday in
11-30 April of the year in which the general city election is held. The
11-31 filing fee must be paid and an acceptance of the designation must be
11-32 filed on or before 5 p.m. on that date.
11-33 Sec. 14. NRS 293C.291 is hereby amended to read as follows:
11-34 293C.291 If a candidate whose name appears on the ballot at a
11-35 primary city election or general city election dies [within the
11-36 periods] after the applicable date set forth in NRS 293C.370[,] but
11-37 before the time of the closing of the polls on the day of the
11-38 election, the city clerk shall post a notice of the candidate’s death at
11-39 each polling place where the candidate’s name will appear on the
11-40 ballot[.] for the primary city election or general city election.
11-41 Sec. 15. NRS 293C.370 is hereby amended to read as follows:
11-42 293C.370 1. Whenever a candidate whose name appears
11-43 upon the ballot at a primary city election dies after 5 p.m. of the
11-44 first Tuesday after the first Monday in March, his name must
11-45 remain on the ballot and the votes cast for the deceased candidate
12-1 must be counted in determining the nomination for the office for
12-2 which the decedent was a candidate.
12-3 2. If the deceased candidate on the ballot at the primary city
12-4 election receives the number of votes required to receive the
12-5 nomination to the office for which he was a candidate, the
12-6 nomination is filled as provided in subsection 2 of NRS 293C.190.
12-7 3. Whenever a candidate whose name appears upon the ballot
12-8 at a general city election dies after 5p.m. of the [third] second
12-9 Tuesday after the [third] second Monday in April , [and before the
12-10 time of the closing of the polls on the day of the election,] the votes
12-11 cast for the deceased candidate must be counted in determining the
12-12 results of the election for the office for which the decedent was a
12-13 candidate.
12-14 [2.] 4. If the deceased candidate on the ballot at the general
12-15 election receives the majority of the votes cast for the office, he
12-16 shall be deemed elected and the office to which he was elected shall
12-17 be deemed vacant at the beginning of the term for which he was
12-18 elected. The vacancy created must be filled in the same manner as if
12-19 the candidate had died after taking office for that term.
12-20 Sec. 16. NRS 293C.530 is hereby amended to read as follows:
12-21 293C.530 1. [At least] Before the period for early voting,
12-22 but not later than 10 days before an election, the city clerk shall
12-23 cause to be mailed to each registered voter in the city a sample
12-24 ballot for his precinct with a notice informing the voter of the
12-25 location of his polling place. If the location of the polling place has
12-26 changed since the last election:
12-27 (a) The city clerk shall mail a notice of the change to each
12-28 registered voter in the city not sooner than 10 days before mailing
12-29 the sample ballots; or
12-30 (b) The sample ballot must also include a notice in bold type
12-31 immediately above the location which states:
12-32 NOTICE: THE LOCATION OF YOUR POLLING PLACE
12-33 HAS CHANGED SINCE THE LAST ELECTION
12-34 2. Except as otherwise provided in subsection 3, a sample
12-35 ballot required to be mailed pursuant to this section must:
12-36 (a) Be printed in at least 12-point type; and
12-37 (b) Include on the front page, in a separate box created by bold
12-38 lines, a notice printed in at least 20-point bold type that states:
12-39 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
12-40 LARGE TYPE, CALL (Insert appropriate telephone number)
13-1 3. A portion of a sample ballot that contains a facsimile of the
13-2 display area of a voting device may include material in less than
13-3 12-point type to the extent necessary to make the facsimile fit on the
13-4 pages of the sample ballot.
13-5 4. The sample ballot mailed to a person who requests a sample
13-6 ballot in large type by exercising the option provided pursuant to
13-7 NRS 293.508, or in any other manner, must be printed in at least
13-8 14-point type, or larger when practicable.
13-9 5. If a person requests a sample ballot in large type, the city
13-10 clerk shall ensure that all future sample ballots mailed to that person
13-11 from the city are in large type.
13-12 6. The city clerk shall include in each sample ballot a statement
13-13 indicating that the city clerk will, upon request of a voter who is
13-14 elderly or disabled, make reasonable accommodations to allow the
13-15 voter to vote at his polling place and provide reasonable assistance
13-16 to the voter in casting his vote, including, without limitation,
13-17 providing appropriate materials to assist the voter.
13-18 7. The cost of mailing sample ballots for a city election must
13-19 be borne by the city holding the election.
13-20 Sec. 17. NRS 294A.006 is hereby amended to read as follows:
13-21 294A.006 “Committee for the recall of a public officer” means
13-22 an organization [which receives] that:
13-23 1. Receives any contributions, makes any contributions to
13-24 candidates or persons or makes any expenditures that are designed
13-25 to affect the recall of a public officer[.] ; or
13-26 2. Files a notice of intent to circulate the petition for recall.
13-27 Sec. 18. NRS 294A.180 is hereby amended to read as follows:
13-28 294A.180 1. Each candidate for a state, district, county, city
13-29 or township office who is not elected to that office shall, not later
13-30 than the 15th day of the second month after his defeat, file a report
13-31 with the [Secretary of State] filing officer with whom he filed his
13-32 declaration of candidacy or acceptance of candidacy stating the
13-33 amount of contributions which he received for that campaign but did
13-34 not spend and the disposition of those unspent contributions.
13-35 2. Each public officer who is elected to a state, district, county,
13-36 city or township office shall file a report:
13-37 (a) Not later than the 15th day of the second month after his
13-38 election, stating the amount of campaign contributions which he
13-39 received but did not spend and the amount, if any, of those unspent
13-40 contributions disposed of pursuant to subsections 2 and 6 of NRS
13-41 294A.160 as of the last day of the first month after his election;
13-42 (b) Not later than January 15th of each year of his term
13-43 beginning the year after he filed the report required by paragraph
13-44 (a), stating the amount, if any, of those unspent contributions
13-45 disposed of pursuant to NRS 294A.160 during the period from the
14-1 last date covered by his last report through December 31 of the
14-2 immediately preceding year and the manner in which they were
14-3 disposed of; and
14-4 (c) Not later than the 15th day of the second month after he no
14-5 longer holds that office, stating the amount and disposition of any
14-6 remaining unspent contributions.
14-7 3. The reports required by subsections 1 and 2 must be
14-8 submitted on a form designed and provided by the Secretary of State
14-9 and signed by the candidate or public officer under penalty of
14-10 perjury.
14-11 4. A public officer filing a report pursuant to subsection 2:
14-12 (a) Shall file the report with the officer with whom he filed his
14-13 declaration of candidacy or acceptance of candidacy.
14-14 (b) May file the report by certified mail. If certified mail is used,
14-15 the date of mailing shall be deemed the date of filing.
14-16 5. A county clerk who receives from a legislative or judicial
14-17 officer, other than a justice of the peace or municipal judge, a report
14-18 pursuant to subsection 4 shall file a copy of the report with the
14-19 Secretary of State within 10 working days after he receives the
14-20 report.
14-21 Sec. 19. NRS 294A.370 is hereby amended to read as follows:
14-22 294A.370 1. A newspaper, radio broadcasting station,
14-23 outdoor advertising company, television broadcasting station, direct
14-24 mail advertising company, printer or other person or group of
14-25 persons which accepts, broadcasts, disseminates, prints or publishes:
14-26 (a) Advertising on behalf of any candidate or group of
14-27 candidates;
14-28 (b) Political advertising for any person other than a candidate; or
14-29 (c) Advertising for the passage or defeat of a question or group
14-30 of questions on the ballot,
14-31 shall [make available for inspection, at any reasonable time] ,
14-32 during the period beginning at least 10 days before each primary
14-33 election, primary city election, general election or general city
14-34 election and ending at least 30 days after the election, make
14-35 available for inspection information setting forth the cost of all such
14-36 advertisements accepted and broadcast, disseminated or published.
14-37 The person or entity shall make the information available at any
14-38 reasonable time and not later than 3 days after it has received a
14-39 request for such information.
14-40 2. For purposes of this section , the necessary cost information
14-41 is made available if a copy of each bill, receipt or other evidence of
14-42 payment made out for any such advertising is kept in a record or
14-43 file, separate from the other business records of the enterprise and
14-44 arranged alphabetically by name of the candidate or the person or
15-1 group which requested the advertisement, at the principal place of
15-2 business of the enterprise.
15-3 Sec. 20. NRS 294A.420 is hereby amended to read as follows:
15-4 294A.420 1. If the Secretary of State receives information
15-5 that a person or entity that is subject to the provisions of NRS
15-6 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210,
15-7 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not
15-8 filed a report or form for registration pursuant to the applicable
15-9 provisions of those sections, the Secretary of State may, after giving
15-10 notice to that person or entity, cause the appropriate proceedings to
15-11 be instituted in the First Judicial District Court.
15-12 2. Except as otherwise provided in this section, a person or
15-13 entity that violates an applicable provision of NRS 294A.112,
15-14 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170,
15-15 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270,
15-16 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject
15-17 to a civil penalty of not more than $5,000 for each violation and
15-18 payment of court costs and attorney’s fees. The civil penalty must
15-19 be recovered in a civil action brought in the name of the State of
15-20 Nevada by the Secretary of State in the First Judicial District Court
15-21 and deposited by the Secretary of State for credit to the State
15-22 General Fund in the bank designated by the State Treasurer.
15-23 3. If a civil penalty is imposed because a person or entity has
15-24 reported its contributions, expenses or expenditures after the date
15-25 the report is due, except as otherwise provided in this subsection,
15-26 the amount of the civil penalty is:
15-27 (a) If the report is not more than 7 days late, $25 for each day
15-28 the report is late.
15-29 (b) If the report is more than 7 days late but not more than 15
15-30 days late, $50 for each day the report is late.
15-31 (c) If the report is more than 15 days late, $100 for each day the
15-32 report is late.
15-33 A civil penalty imposed pursuant to this subsection against a
15-34 public officer who by law is not entitled to receive compensation
15-35 for his office or a candidate for such office who received no
15-36 contributions and made no expenditures during the relevant
15-37 reporting periods must not exceed a total of $100.
15-38 4. For good cause shown, the Secretary of State may waive a
15-39 civil penalty that would otherwise be imposed pursuant to this
15-40 section. If the Secretary of State waives a civil penalty pursuant to
15-41 this subsection, the Secretary of State shall:
15-42 (a) Create a record which sets forth that the civil penalty has
15-43 been waived and describes the circumstances that constitute the
15-44 good cause shown; and
16-1 (b) Ensure that the record created pursuant to paragraph (a) is
16-2 available for review by the general public.
16-3 Sec. 21. NRS 306.030 is hereby amended to read as follows:
16-4 306.030 1. The petition may consist of any number of copies
16-5 which are identical in form with the original, except for the name of
16-6 the county and the signatures and addresses of the residences of the
16-7 signers. The pages of the petition with the signatures and of any
16-8 copy must be consecutively numbered. Each page must bear the
16-9 name of a county and only registered voters of that county may sign
16-10 the page.
16-11 2. Every copy must be verified by [at least one of the signers]
16-12 the circulator thereof, who shall swear or affirm, before a person
16-13 authorized by law to administer oaths, that the statements and
16-14 signatures contained in the petition are true to the best of his
16-15 knowledge and belief. The verification must also contain a
16-16 statement of the number of signatures being verified by the [signer.]
16-17 circulator.
16-18 Sec. 22. This act becomes effective on passage and approval.
16-19 H