Assembly Bill No. 528–Committee on Elections, Procedures, and Ethics
(On 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.
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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 certain public officers
or candidates for public office; 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 an office must not exceed a
15-36 total of $100 if the public officer or candidate received no
15-37 contributions and made no expenditures during the relevant
15-38 reporting periods.
15-39 4. For good cause shown, the Secretary of State may waive a
15-40 civil penalty that would otherwise be imposed pursuant to this
15-41 section. If the Secretary of State waives a civil penalty pursuant to
15-42 this subsection, the Secretary of State shall:
15-43 (a) Create a record which sets forth that the civil penalty has
15-44 been waived and describes the circumstances that constitute the
15-45 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. Section 11 of Assembly Bill No. 233 of this session is
16-19 hereby amended to read as follows:
16-20 Sec. 11. NRS 293C.370 is hereby amended to read as
16-21 follows:
16-22 293C.370 Except as otherwise provided in section 3 of
16-23 this act:
16-24 1. Whenever a candidate whose name appears upon the
16-25 ballot at a primary city election dies after 5 p.m. of the first
16-26 Tuesday after the first Monday in March, his name must
16-27 remain on the ballot and the votes cast for the deceased
16-28 candidate must be counted in determining the nomination for
16-29 the office for which the decedent was a candidate.
16-30 2. If the deceased candidate on the ballot at the primary
16-31 city election receives the number of votes required to receive
16-32 the nomination to the office for which he was a candidate, the
16-33 nomination is filled as provided in subsection 2 of
16-34 NRS 293C.190.
16-35 3. Whenever a candidate whose name appears upon the
16-36 ballot at a general city election dies after 5p.m. of the second
16-37 Tuesday after the second Monday in April, the votes cast for
16-38 the deceased candidate must be counted in determining the
16-39 results of the election for the office for which the decedent
16-40 was a candidate.
16-41 4. If the deceased candidate on the ballot at the general
16-42 electionreceives the majority of the votes cast for the office,
16-43 he shall be deemed elected and the office to which he was
16-44 elected shall be deemed vacant at the beginning of the term
16-45 for which he was elected. The vacancy created must be filled
17-1 in the same manner as if the candidate had died after taking
17-2 office for that term.
17-3 Sec. 23. This act becomes effective on passage and approval.
17-4 H