Assembly Bill No. 541–Committee on Elections,
Procedures, and Ethics

 

March 24, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes relating to elections. (BDR 24‑166)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to elections; requiring the word “Incumbent” to appear following the name of a candidate on a ballot under certain circumstances; requiring certain statewide measures proposed by initiative to appear on the ballot in a certain order; authorizing a voter who requests an absent ballot to authorize another person to return the ballot on his behalf; shortening the period for early voting; prohibiting the Secretary of State and city clerks from requiring candidates, other persons, committees or political parties to list each expenditure or campaign expense of $100 or less on certain forms; revising the period during which a candidate may solicit or accept or a lobbyist may make or offer to make any monetary contribution before a special session; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 293 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  In any election regulated by this chapter, the name of a

1-4  candidate printed on a ballot may be the given name and surname

1-5  of the candidate or a contraction or familiar form of his given

1-6  name followed by his surname. A nickname of not more than 10

2-1  letters may be incorporated into the name of a candidate. The

2-2  nickname must be in quotation marks and appear immediately

2-3  before the surname of the candidate. A nickname must not

2-4  indicate any political, economic, social or religious view or

2-5  affiliation and must not be the name of any person, living or dead,

2-6  whose reputation is known on a statewide, nationwide or

2-7  worldwide basis, or in any other manner deceive a voter regarding

2-8  the person or principles for which he is voting.

2-9  2.  Except as otherwise provided in subsection 3, in any

2-10  election regulated by this chapter, if two or more candidates have

2-11  the same surname or surnames so similar as to be likely to cause

2-12  confusion and one of the candidates is an incumbent, the word

2-13  “Incumbent” must appear immediately following the name of that

2-14  candidate.

2-15      3.  Where a system of voting other than by paper ballot is

2-16  used, the Secretary of State may provide for any placement of the

2-17  word “Incumbent” which clearly relates the designation to the

2-18  name of the candidate to whom it applies.

2-19      Sec. 2.  NRS 293.177 is hereby amended to read as follows:

2-20      293.177  1.  Except as otherwise provided in NRS 293.165, a

2-21  name may not be printed on a ballot to be used at a primary election

2-22  unless the person named has filed a declaration of candidacy or an

2-23  acceptance of candidacy, and paid the fee required by NRS 293.193

2-24  not earlier than the first Monday in May of the year in which the

2-25  election is to be held nor later than 5 p.m. on the third Monday in

2-26  May.

2-27      2.  A declaration of candidacy or an acceptance of candidacy

2-28  required to be filed by this section must be in substantially the

2-29  following form:

2-30      (a) For partisan office:

 

2-31  Declaration of Candidacy of ........ for the

2-32  Office of ................

 

2-33  State of Nevada

 

2-34  County of ......

 

2-35  For the purpose of having my name placed on the official ballot as a

2-36  candidate for the ................ Party nomination for the office of

2-37  ………, I, the undersigned …….., do swear or affirm under penalty

2-38  of perjury that I actually, as opposed to constructively, reside at

2-39  ………., in the City or Town of ……., County of ………., State of

2-40  Nevada; that my actual, as opposed to constructive, residence in the

2-41  state, district, county, township, city or other area prescribed by law

3-1  to which the office pertains began on a date at least 30 days

3-2  immediately preceding the date of the close of filing of declarations

3-3  of candidacy for this office; that my telephone number is ............,

3-4  and the address at which I receive mail, if different than my

3-5  residence, is .........; that I am registered as a member of the

3-6  ................ Party; that I have not, in violation of the provisions of

3-7  NRS 293.176, changed the designation of my political party or

3-8  political party affiliation on an official application to register to vote

3-9  in any state since September 1 before the closing filing date for this

3-10  election; that I generally believe in and intend to support the

3-11  concepts found in the principles and policies of that political party in

3-12  the coming election; that if nominated as a candidate of the

3-13  ................ Party at the ensuing election, I will accept that

3-14  nomination and not withdraw; that I will not knowingly violate any

3-15  election law or any law defining and prohibiting corrupt and

3-16  fraudulent practices in campaigns and elections in this state; that I

3-17  will qualify for the office if elected thereto, including, but not

3-18  limited to, complying with any limitation prescribed by the

3-19  Constitution and laws of this state concerning the number of years

3-20  or terms for which a person may hold the office; and that I

3-21  understand that my name will appear on all ballots as designated in

3-22  this declaration.

 

3-23                                                                               .........................................

3-24                                        (Designation of name)

 

3-25                                                                               .........................................

3-26                              (Signature of candidate for office)

 

3-27  Subscribed and sworn to before me

3-28  this ...... day of the month of ...... of the year ......

 

3-29  ...........................................

3-30      Notary Public or other person

3-31      authorized to administer an oath

 

3-32      (b) For nonpartisan office:

 

3-33  Declaration of Candidacy of ........ for the

3-34  Office of ................

 

3-35  State of Nevada

 

3-36  County of.......

4-1  For the purpose of having my name placed on the official ballot as a

4-2  candidate for the office of ................, I, the undersigned ................,

4-3  do swear or affirm under penalty of perjury that I actually, as

4-4  opposed to constructively, reside at ………, in the City or Town of

4-5  ……., County of ………, State of Nevada; that my actual, as

4-6  opposed to constructive, residence in the state, district, county,

4-7  township, city or other area prescribed by law to which the office

4-8  pertains began on a date at least 30 days immediately preceding the

4-9  date of the close of filing of declarations of candidacy for this

4-10  office; that my telephone number is ..........., and the address at

4-11  which I receive mail, if different than my residence, is ..........; that if

4-12  nominated as a nonpartisan candidate at the ensuing election, I will

4-13  accept the nomination and not withdraw; that I will not knowingly

4-14  violate any election law or any law defining and prohibiting corrupt

4-15  and fraudulent practices in campaigns and elections in this state; that

4-16  I will qualify for the office if elected thereto, including, but not

4-17  limited to, complying with any limitation prescribed by the

4-18  Constitution and laws of this state concerning the number of years

4-19  or terms for which a person may hold the office; and my name will

4-20  appear on all ballots as designated in this declaration.

 

4-21                                                                               .........................................

4-22                                        (Designation of name)

 

4-23                                                                               .........................................

4-24                              (Signature of candidate for office)

 

4-25  Subscribed and sworn to before me

4-26  this ...... day of the month of ...... of the year ......

 

4-27  ...........................................

4-28      Notary Public or other person

4-29      authorized to administer an oath

 

4-30      3.  [A person may be a candidate under his given name and

4-31  surname, a contraction or familiar form of his given name followed

4-32  by his surname or the initial of his given name followed by his

4-33  surname. A nickname of not more than 10 letters may be

4-34  incorporated into a candidate’s name. The nickname must be in

4-35  quotation marks and appear immediately before the candidate’s

4-36  surname. A nickname must not indicate any political, economic,

4-37  social or religious view or affiliation and must not be the name of

4-38  any person, living or dead, whose reputation is known on a

4-39  statewide, nationwide or worldwide basis, or in any other manner

5-1  deceive a voter regarding the person or principles for which he is

5-2  voting.

5-3  4.] The address of a candidate which must be included in the

5-4  declaration of candidacy or acceptance of candidacy pursuant to

5-5  subsection 2 must be the street address of the residence where he

5-6  actually, as opposed to constructively, resides in accordance with

5-7  NRS 281.050, if one has been assigned. The declaration or

5-8  acceptance of candidacy must not be accepted for filing if the

5-9  candidate’s address is listed as a post office box unless a street

5-10  address has not been assigned to his residence.

5-11      [5.] 4.  By filing the declaration or acceptance of candidacy,

5-12  the candidate shall be deemed to have appointed the filing officer

5-13  for the office as his agent for service of process for the purposes of a

5-14  proceeding pursuant to NRS 293.182. Service of such process must

5-15  first be attempted at the appropriate address as specified by the

5-16  candidate in the declaration or acceptance of candidacy. If the

5-17  candidate cannot be served at that address, service must be made by

5-18  personally delivering to and leaving with the filing officer duplicate

5-19  copies of the process. The filing officer shall immediately send, by

5-20  registered or certified mail, one of the copies to the candidate at his

5-21  specified address, unless the candidate has designated in writing to

5-22  the filing officer a different address for that purpose, in which case

5-23  the filing officer shall mail the copy to the last address so

5-24  designated.

5-25      Sec. 3.  NRS 293.267 is hereby amended to read as follows:

5-26      293.267  1.  Ballots for a general election must contain the

5-27  names of candidates who were nominated at the primary election,

5-28  the names of the candidates of a minor political party and the names

5-29  of independent candidates.

5-30      2.  Names of candidates must be grouped alphabetically under

5-31  the title and length of term of the office for which those candidates

5-32  filed.

5-33      3.  Except as otherwise provided in subsection 4:

5-34      (a) Immediately following the name of each candidate for a

5-35  partisan office must appear the name of his political party or the

5-36  word “independent,” as the case may be.

5-37      (b) Immediately following the name of each candidate for a

5-38  nonpartisan office must appear the word “nonpartisan.”

5-39      4.  Where a system of voting other than by paper ballot is used,

5-40  the Secretary of State may provide for any placement of the name of

5-41  the political party or the word “independent” or “nonpartisan” which

5-42  clearly relates the designation to the name of the candidate to whom

5-43  it applies.

5-44      5.  If the Legislature rejects a statewide measure proposed by

5-45  initiative and proposes a different measure on the same subject

6-1  which the Governor approves, the measure proposed by the

6-2  Legislature and approved by the Governor must be listed on the

6-3  ballot before the statewide measure proposed by initiative.

6-4  Sec. 4.  NRS 293.330 is hereby amended to read as follows:

6-5  293.330  1.  Except as otherwise provided in NRS 293.3157

6-6  and subsection 2 of NRS 293.323 and any regulations adopted

6-7  pursuant thereto, when an absent voter receives his ballot, he must

6-8  mark and fold it, if it is a paper ballot, or punch it, if the ballot is

6-9  voted by punching a card, in accordance with the instructions,

6-10  deposit it in the return envelope, seal the envelope, affix his

6-11  signature on the back of the envelope in the space provided therefor

6-12  and mail the return envelope.

6-13      2.  Except as otherwise provided in subsection 3, if an absent

6-14  voter who has requested a ballot by mail applies to vote the ballot in

6-15  person at:

6-16      (a) The office of the county clerk, he must mark or punch the

6-17  ballot, seal it in the return envelope and affix his signature in the

6-18  same manner as provided in subsection 1, and deliver the envelope

6-19  to the clerk.

6-20      (b) A polling place, including, without limitation, a polling place

6-21  for early voting, he must surrender the absent ballot and provide

6-22  satisfactory identification before being issued a ballot to vote at the

6-23  polling place. A person who receives a surrendered absent ballot

6-24  shall mark it “Cancelled.”

6-25      3.  If an absent voter who has requested a ballot by mail applies

6-26  to vote in person at the office of the county clerk or a polling place,

6-27  including, without limitation, a polling place for early voting, and

6-28  the voter does not have the absent ballot to deliver or surrender, the

6-29  voter must be issued a ballot to vote if the voter:

6-30      (a) Provides satisfactory identification;

6-31      (b) Is a registered voter who is otherwise entitled to vote; and

6-32      (c) Signs an affirmation under penalty of perjury on a form

6-33  prepared by the Secretary of State declaring that the voter has not

6-34  voted during the election.

6-35      4.  [Except as otherwise provided in NRS 293.316, it] It is

6-36  unlawful for any person to return an absent ballot other than the

6-37  voter who requested the absent ballot or[, at the request of] a

6-38  person whom the voter[, a member of his family.] authorizes to

6-39  return the absent ballot on his behalf. A person who returns an

6-40  absent ballot [and who is a member of the family] on behalf of the

6-41  voter who requested the absent ballot shall, under penalty of perjury,

6-42  indicate on a form prescribed by the county clerk that [he is a

6-43  member of the family of] the voter who requested the absent ballot

6-44  [and that the voter requested that he] authorized him to return the

6-45  absent ballot[.] on his behalf. A person who violates the provisions

7-1  of this subsection is guilty of a category E felony and shall be

7-2  punished as provided in NRS 193.130.

7-3  Sec. 5.  NRS 293.3568 is hereby amended to read as follows:

7-4  293.3568  1.  The period for early voting by personal

7-5  appearance begins the [third Saturday] Tuesday preceding a primary

7-6  or general election and extends through the Friday before election

7-7  day, [Sundays and] holidays excepted.

7-8  2.  The county clerk may[:

7-9  (a) Include any Sunday or] include any holiday that falls within

7-10  the period for early voting by personal appearance.

7-11      [(b) Require a permanent polling place for early voting to

7-12  remain open until 8 p.m. on any Saturday that falls within the period

7-13  for early voting.]

7-14      3.  A permanent polling place for early voting must remain

7-15  open[:

7-16      (a) On Monday] on the Tuesday preceding a primary or

7-17  general election through the Friday[:

7-18          (1) During the first week of early voting, from 8 a.m. until

7-19  6 p.m.

7-20          (2) During the second week of early voting,] before election

7-21  day, from 8 a.m. until 6 p.m. or until 8 p.m. if the county clerk so

7-22  requires.

7-23      [(b) On any Saturday that falls within the period for early

7-24  voting, from 10 a.m. until 6 p.m.

7-25      (c) If the county clerk includes a Sunday that falls within the

7-26  period for early voting pursuant to subsection 2, during such hours

7-27  as he may establish.]

7-28      Sec. 6.  NRS 293.3576 is hereby amended to read as follows:

7-29      293.3576  1.  The county clerk shall publish during the week

7-30  before the period for early voting and at least once [each week]

7-31  during the period for early voting in a newspaper of general

7-32  circulation a schedule stating:

7-33      (a) The location of each permanent and temporary polling place

7-34  for early voting and the election precincts served by each location.

7-35      (b) The dates and hours that early voting will be conducted at

7-36  each location.

7-37      2.  The county clerk shall post a copy of the schedule on the

7-38  bulletin board used for posting notice of meetings of the board of

7-39  county commissioners. The schedule must be posted continuously

7-40  for a period beginning not later than the fifth day before the first day

7-41  of the period for early voting by personal appearance and ending on

7-42  the last day of that period.

7-43      3.  The county clerk shall make copies of the schedule available

7-44  to the public in reasonable quantities without charge during the

7-45  period of posting.

8-1  4.  No additional polling places for early voting may be

8-2  established after the schedule is published pursuant to this section.

8-3  Sec. 7.  NRS 293.3602 is hereby amended to read as follows:

8-4  293.3602  If paper ballots or ballots which are voted by

8-5  punching a card are used during the period for early voting by

8-6  personal appearance:

8-7  1.  Each voting day during that period, the ballots voted at the

8-8  permanent or temporary polling place may be removed from the

8-9  ballot box and neatly stacked in a container that is sealed with a

8-10  numbered seal after the ballots are stacked inside. The ballot box or

8-11  sealed container must be delivered by an election board officer to

8-12  the county clerk’s office at the close of each voting day. The seal on

8-13  the ballot box or container must indicate the number of voted ballots

8-14  contained in that box or container for that day.

8-15      2.  When the ballot box or container is delivered pursuant to

8-16  subsection 1, the county clerk shall provide a new ballot box sealed

8-17  in the manner prescribed in NRS 293.359.

8-18      3.  At the close of each [voting day before the fourth voting day

8-19  before the last day to vote early, the county clerk may deliver all

8-20  ballots voted to the ballot board for early voting. At the close of the

8-21  fourth voting day] of the first 3 voting days before the last day to

8-22  vote early , [and at the close of each of the 3 days thereafter,] the

8-23  county clerk shall deliver all ballots voted to the ballot board for

8-24  early voting. At the close of the last voting day, the county clerk

8-25  shall deliver to the ballot board for early voting:

8-26      (a) Each remaining ballot box and container that holds the

8-27  ballots voted early by personal appearance;

8-28      (b) A voting roster of all persons who voted early by personal

8-29  appearance; and

8-30      (c) Any list of registered voters used in conducting early voting.

8-31      4.  Upon the receipt of ballots, the board shall:

8-32      (a) Remove all ballots from the ballot boxes and containers and

8-33  sort the ballots by precinct or voting district;

8-34      (b) Count the number of ballots by precinct or voting district;

8-35      (c) Account for all ballots on an official statement of ballots;

8-36  and

8-37      (d) Place all official ballots in the container provided to

8-38  transport those items to a central counting place and seal the

8-39  container with a numbered seal. The official statement of ballots

8-40  must accompany the voted ballots to the central counting place.

8-41      5.  The county clerk shall allow members of the general public

8-42  to observe the handling of the ballots pursuant to subsections 1 and

8-43  4 if those members do not interfere with the handling of the ballots.

 

 

9-1  Sec. 8.  NRS 293C.185 is hereby amended to read as follows:

9-2  293C.185  1.  Except as otherwise provided in NRS 293C.190,

9-3  a name may not be printed on a ballot to be used at a primary city

9-4  election, unless the person named has filed a declaration of

9-5  candidacy or an acceptance of candidacy and paid the fee

9-6  established by the governing body of the city not earlier than 70

9-7  days before the primary city election and not later than 5 p.m. on the

9-8  60th day before the primary city election.

9-9  2.  A declaration of candidacy required to be filed by this

9-10  section must be in substantially the following form:

 

9-11  Declaration of Candidacy of ........ for the

9-12  Office of ................

 

9-13  State of Nevada

 

9-14  City of............

 

9-15  For the purpose of having my name placed on the official ballot as a

9-16  candidate for the office of ................, I, the undersigned ................,

9-17  do swear or affirm under penalty of perjury that I actually, as

9-18  opposed to constructively, reside at ......................, in the City or

9-19  Town of ................, County of .................., State of Nevada; that my

9-20  actual, as opposed to constructive, residence in the city, township or

9-21  other area prescribed by law to which the office pertains began on a

9-22  date at least 30 days immediately preceding the date of the close of

9-23  filing of declarations of candidacy for this office; that my telephone

9-24  number is …….., and the address at which I receive mail, if

9-25  different than my residence, is ……….; that if nominated as a

9-26  candidate at the ensuing election I will accept the nomination and

9-27  not withdraw; that I will not knowingly violate any election law or

9-28  any law defining and prohibiting corrupt and fraudulent practices in

9-29  campaigns and elections in this state; that I will qualify for the

9-30  office if elected thereto, including, but not limited to, complying

9-31  with any limitation prescribed by the Constitution and laws of this

9-32  state concerning the number of years or terms for which a person

9-33  may hold the office; and my name will appear on all ballots as

9-34  designated in this declaration.

 

9-35                                                                               .........................................

9-36                                        (Designation of name)

 

9-37                                                                               .........................................

9-38                              (Signature of candidate for office)

 

10-1  Subscribed and sworn to before me

10-2  this ...... day of the month of ...... of the year ......

 

10-3  ...........................................

10-4      Notary Public or other person

10-5  authorized to administer an oath

 

10-6      3.  [A person may be a candidate under his given name and

10-7  surname, a contraction or familiar form of his given name followed

10-8  by his surname or the initial of his given name followed by his

10-9  surname. A nickname of not more than 10 letters may be

10-10  incorporated into a candidate’s name. The nickname must be in

10-11  quotation marks and appear immediately before the candidate’s

10-12  surname. A nickname must not indicate any political, economic,

10-13  social or religious view or affiliation and must not be the name of

10-14  any person, living or dead, whose reputation is known on a

10-15  statewide, nationwide or worldwide basis, or in any other manner

10-16  deceive a voter concerning the person or principles for which he is

10-17  voting.

10-18     4.] The address of a candidate that must be included in the

10-19  declaration or acceptance of candidacy pursuant to subsection 2

10-20  must be the street address of the residence where he actually, as

10-21  opposed to constructively, resides in accordance with NRS 281.050,

10-22  if one has been assigned. The declaration or acceptance of

10-23  candidacy must not be accepted for filing if the candidate’s address

10-24  is listed as a post office box unless a street address has not been

10-25  assigned to his residence.

10-26     [5.] 4.  By filing the declaration or acceptance of candidacy,

10-27  the candidate shall be deemed to have appointed the city clerk as his

10-28  agent for service of process for the purposes of a proceeding

10-29  pursuant to NRS 293C.186. Service of such process must first be

10-30  attempted at the appropriate address as specified by the candidate in

10-31  the declaration or acceptance of candidacy. If the candidate cannot

10-32  be served at that address, service must be made by personally

10-33  delivering to and leaving with the city clerk duplicate copies of the

10-34  process. The city clerk shall immediately send, by registered or

10-35  certified mail, one of the copies to the candidate at his specified

10-36  address, unless the candidate has designated in writing to the city

10-37  clerk a different address for that purpose, in which case the city

10-38  clerk shall mail the copy to the last address so designated.

10-39     Sec. 9.  NRS 293C.330 is hereby amended to read as follows:

10-40     293C.330  1.  Except as otherwise provided in NRS 293C.315

10-41  and subsection 2 of NRS 293C.322 and any regulations adopted

10-42  pursuant thereto, when an absent voter receives his ballot, he must

10-43  mark and fold it, if it is a paper ballot, or punch it, if the ballot is

11-1  voted by punching a card, in accordance with the instructions,

11-2  deposit it in the return envelope, seal the envelope, affix his

11-3  signature on the back of the envelope in the space provided therefor

11-4  and mail the return envelope.

11-5      2.  Except as otherwise provided in subsection 3, if an absent

11-6  voter who has requested a ballot by mail applies to vote the ballot in

11-7  person at:

11-8      (a) The office of the city clerk, he must mark or punch the

11-9  ballot, seal it in the return envelope and affix his signature in the

11-10  same manner as provided in subsection 1, and deliver the envelope

11-11  to the city clerk.

11-12     (b) A polling place, including, without limitation, a polling place

11-13  for early voting, he must surrender the absent ballot and provide

11-14  satisfactory identification before being issued a ballot to vote at the

11-15  polling place. A person who receives a surrendered absent ballot

11-16  shall mark it “Cancelled.”

11-17     3.  If an absent voter who has requested a ballot by mail applies

11-18  to vote in person at the office of the city clerk or a polling place,

11-19  including, without limitation, a polling place for early voting, and

11-20  the voter does not have the absent ballot to deliver or surrender, the

11-21  voter must be issued a ballot to vote if the voter:

11-22     (a) Provides satisfactory identification;

11-23     (b) Is a registered voter who is otherwise entitled to vote; and

11-24     (c) Signs an affirmation under penalty of perjury on a form

11-25  prepared by the Secretary of State declaring that the voter has not

11-26  voted during the election.

11-27     4.  [Except as otherwise provided in NRS 293C.317, it] It is

11-28  unlawful for any person to return an absent ballot other than the

11-29  voter who requested the absent ballot or[, at the request of] a

11-30  person whom the voter[, a member of his family.] authorizes to

11-31  return the absent ballot on his behalf. A person who returns an

11-32  absent ballot [and who is a member of the family] on behalf of the

11-33  voter who requested the absent ballot shall, under penalty of perjury,

11-34  indicate on a form prescribed by the city clerk that [he is a member

11-35  of the family of] the voter who requested the absent ballot [and that

11-36  the voter requested that he] authorized him to return the absent

11-37  ballot[.] on his behalf. A person who violates the provisions of this

11-38  subsection is guilty of a category E felony and shall be punished as

11-39  provided in NRS 193.130.

11-40     Sec. 10.  NRS 293C.3568 is hereby amended to read as

11-41  follows:

11-42     293C.3568  1.  The period for early voting by personal

11-43  appearance begins the [third Saturday] Tuesday preceding a primary

11-44  city election or general city election, and extends through the Friday

11-45  before election day, [Sundays and] holidays excepted.

12-1      2.  The city clerk may[:

12-2      (a) Include any Sunday or] include any holiday that falls within

12-3  the period for early voting by personal appearance.

12-4      [(b) Require a permanent polling place for early voting to

12-5  remain open until 8 p.m. on any Saturday that falls within the period

12-6  for early voting.]

12-7      3.  A permanent polling place for early voting must remain

12-8  open[:

12-9      (a) On Monday] on the Tuesday preceding a primary city

12-10  election or general city election through the Friday[:

12-11         (1) During the first week of early voting, from 8 a.m. until

12-12  6 p.m.

12-13         (2) During the second week of early voting,] before election

12-14  day, from 8 a.m. until 6 p.m. or until 8 p.m. if the city clerk so

12-15  requires.

12-16  [  (b) On any Saturday that falls within the period for early voting,

12-17  from 10 a.m. until 6 p.m.

12-18     (c) If the city clerk includes a Sunday that falls within the period

12-19  for early voting pursuant to subsection 2, during such hours as he

12-20  may establish.]

12-21     Sec. 11.  NRS 293C.3576 is hereby amended to read as

12-22  follows:

12-23     293C.3576  1.  The city clerk shall publish during the week

12-24  before the period for early voting and at least once [each week]

12-25  during the period for early voting in a newspaper of general

12-26  circulation a schedule stating:

12-27     (a) The location of each permanent and temporary polling place

12-28  for early voting and the election precincts served by each location.

12-29     (b) The dates and hours that early voting will be conducted at

12-30  each location.

12-31     2.  The city clerk shall post a copy of the schedule on the

12-32  bulletin board used for posting notice of the meetings of the city

12-33  council. The schedule must be posted continuously for a period

12-34  beginning not later than the fifth day before the first day of the

12-35  period for early voting by personal appearance and ending on the

12-36  last day of that period.

12-37     3.  The city clerk shall make copies of the schedule available to

12-38  the public in reasonable quantities without charge during the period

12-39  of posting.

12-40     4.  No additional polling places for early voting may be

12-41  established after the schedule is published pursuant to this section.

 

 

 

13-1      Sec. 12.  NRS 293C.3602 is hereby amended to read as

13-2  follows:

13-3      293C.3602  If paper ballots or ballots which are voted by

13-4  punching a card are used during the period for early voting by

13-5  personal appearance:

13-6      1.  Each voting day during that period, the ballots voted at the

13-7  permanent or temporary polling place may be removed from the

13-8  ballot box and neatly stacked in a container that is sealed with a

13-9  numbered seal after the ballots are stacked inside. The ballot box or

13-10  sealed container must be delivered by an election board officer to

13-11  the city clerk’s office at the close of each voting day. The seal on the

13-12  ballot box or container must indicate the number of voted ballots

13-13  contained in that box or container for that day.

13-14     2.  When the ballot box or container is delivered pursuant to

13-15  subsection 1, the city clerk shall provide a new ballot box sealed in

13-16  the manner prescribed in NRS 293C.359.

13-17     3.  At the close of each [voting day before the fourth voting day

13-18  before the last day to vote early, the city clerk may deliver all ballots

13-19  voted to the ballot board for early voting. At the close of the fourth

13-20  voting day] of the first 3 voting days before the last day to vote

13-21  early , [and at the close of each of the 3 days thereafter,] the city

13-22  clerk shall deliver all ballots voted to the ballot board for early

13-23  voting. At the close of the last voting day, the city clerk shall deliver

13-24  to the ballot board for early voting:

13-25     (a) Each remaining ballot box and container that holds the

13-26  ballots voted early by personal appearance;

13-27     (b) A voting roster of all persons who voted early by personal

13-28  appearance; and

13-29     (c) Any list of registered voters used in conducting early voting.

13-30     4.  Upon the receipt of ballots, the board shall:

13-31     (a) Remove all ballots from the ballot boxes and containers and

13-32  sort the ballots by precinct or voting district;

13-33     (b) Count the number of ballots by precinct or voting district;

13-34     (c) Account for all ballots on an official statement of ballots;

13-35  and

13-36     (d) Place all official ballots in the container provided to

13-37  transport those items to a central counting place and seal the

13-38  container with a numbered seal. The official statement of ballots

13-39  must accompany the voted ballots to the central counting place.

13-40     5.  The city clerk shall allow members of the general public to

13-41  observe the handling of the ballots pursuant to subsections 1 and 4 if

13-42  those members do not interfere with the handling of the ballots.

 

 

14-1      Sec. 13.  Chapter 294A of NRS is hereby amended by adding

14-2  thereto a new section to read as follows:

14-3      The Secretary of State and a city clerk shall not request or

14-4  require a candidate, person, group of persons, committee or

14-5  political party to list each of the expenditures or campaign

14-6  expenses of $100 or less on a form designed and provided

14-7  pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220,

14-8  294A.280, 294A.360 or 294A.362.

14-9      Sec. 14.  NRS 294A.300 is hereby amended to read as follows:

14-10     294A.300  1.  It is unlawful for a member of the Legislature,

14-11  the Lieutenant Governor, the Lieutenant Governor-Elect, the

14-12  Governor or the Governor-Elect to solicit or accept any monetary

14-13  contribution, or solicit or accept a commitment to make such a

14-14  contribution for any political purpose during the period beginning:

14-15     (a) Thirty days before a regular session of the Legislature and

14-16  ending 30 days after the final adjournment of a regular session of

14-17  the Legislature; [or]

14-18     (b) Fifteen days before a special session of the Legislature is

14-19  set to commence and ending 15 days after the final adjournment

14-20  of a special session of the Legislature, if the Governor sets a

14-21  specific date for the commencement of the special session that is

14-22  more than 15 days after the Governor issues the proclamation

14-23  calling for the special session; or

14-24     (c) The day after the Governor issues a proclamation calling for

14-25  a special session of the Legislature and ending 15 days after the

14-26  final adjournment of a special session of the Legislature[.] if the

14-27  Governor does not set a specific date for the commencement of

14-28  the special session or the Governor sets a specific date for the

14-29  commencement of the special session that is 15 or fewer days after

14-30  the Governor issues the proclamation calling for the special

14-31  session.

14-32     2.  This section does not prohibit the payment of a salary or

14-33  other compensation or income to a member of the Legislature, the

14-34  Lieutenant Governor or the Governor during a session of the

14-35  Legislature if it is made for services provided as a part of his regular

14-36  employment or is additional income to which he is entitled.

14-37     Sec. 15.  NRS 294A.310 is hereby amended to read as follows:

14-38     294A.310  1.  A member of an organization whose primary

14-39  purpose is to provide support for Legislators of a particular political

14-40  party and house shall not solicit or accept contributions on behalf of

14-41  the Legislators or the organization, or solicit or accept a

14-42  commitment to make such a contribution during the period

14-43  beginning:

15-1      (a) Thirty days before a regular session of the Legislature and

15-2  ending 30 days after the final adjournment of a regular session of

15-3  the Legislature; [or]

15-4      (b) Fifteen days before a special session of the Legislature is

15-5  set to commence and ending 15 days after the final adjournment

15-6  of a special session of the Legislature, if the Governor sets a

15-7  specific date for the commencement of the special session that is

15-8  more than 15 days after the Governor issues the proclamation

15-9  calling for the special session; or

15-10     (c) The day after the Governor issues a proclamation calling for

15-11  a special session of the Legislature and ending 15 days after the

15-12  final adjournment of a special session of the Legislature[.] if the

15-13  Governor does not set a specific date for the commencement of

15-14  the special session or the Governor sets a specific date for the

15-15  commencement of the special session that is 15 or fewer days after

15-16  the Governor issues the proclamation calling for the special

15-17  session.

15-18     2.  A person shall not make or commit to make a contribution

15-19  or commitment prohibited by subsection 1.

15-20     3.  A person shall not accept a contribution on behalf of another

15-21  person to avoid the prohibitions of this section.

15-22     Sec. 16.  NRS 218.942 is hereby amended to read as follows:

15-23     218.942  1.  A lobbyist shall not knowingly or willfully make

15-24  any false statement or misrepresentation of facts:

15-25     (a) To any member of the Legislative Branch in an effort to

15-26  persuade or influence him in his official actions.

15-27     (b) In a registration statement or report concerning lobbying

15-28  activities filed with the Director.

15-29     2.  A lobbyist shall not give to a member of the Legislative

15-30  Branch or a member of his staff or immediate family gifts that

15-31  exceed $100 in value in the aggregate in any calendar year.

15-32     3.  A member of the Legislative Branch or a member of his

15-33  staff or immediate family shall not solicit anything of value from a

15-34  registrant or accept any gift that exceeds $100 in aggregate value in

15-35  any calendar year.

15-36     4.  A person who employs or uses a lobbyist shall not make that

15-37  lobbyist’s compensation or reimbursement contingent in any manner

15-38  upon the outcome of any legislative action.

15-39     5.  Except during the period permitted by NRS 218.918, a

15-40  person shall not knowingly act as a lobbyist without being registered

15-41  as required by that section.

 

 

 

16-1      6.  Except as otherwise provided in subsection 7, a member of

16-2  the Legislative or Executive Branch of the State Government and an

16-3  elected officer or employee of a political subdivision shall not

16-4  receive compensation or reimbursement other than from the State or

16-5  the political subdivision for personally engaging in lobbying.

16-6      7.  An elected officer or employee of a political subdivision

16-7  may receive compensation or reimbursement from any organization

16-8  whose membership consists of elected or appointed public officers.

16-9      8.  A lobbyist shall not instigate the introduction of any

16-10  legislation for the purpose of obtaining employment to lobby in

16-11  opposition thereto.

16-12     9.  A lobbyist shall not make, commit to make or offer to make

16-13  a monetary contribution to a member of the Legislature, the

16-14  Lieutenant Governor, the Lieutenant Governor-elect, the Governor

16-15  or the Governor-elect during the period beginning:

16-16     (a) Thirty days before a regular session of the Legislature and

16-17  ending 30 days after the final adjournment of a regular session of

16-18  the Legislature; [or]

16-19     (b) Fifteen days before a special session of the Legislature is

16-20  set to commence and ending 15 days after the final adjournment

16-21  of a special session of the Legislature, if the Governor sets a

16-22  specific date for the commencement of the special session that is

16-23  more than 15 days after the Governor issues the proclamation

16-24  calling for the special session; or

16-25     (c) The day after the Governor issues a proclamation calling for

16-26  a special session of the Legislature and ending 15 days after the

16-27  final adjournment of a special session of the Legislature[.] if the

16-28  Governor does not set a specific date for the commencement of

16-29  the special session or the Governor sets a specific date for the

16-30  commencement of the special session that is 15 or fewer days after

16-31  the Governor issues the proclamation calling for the special

16-32  session.

16-33     Sec. 17.  Section 5.050 of the Charter of the City of Caliente,

16-34  being chapter 31, Statutes of Nevada 1971, at page 67, is hereby

16-35  amended to read as follows:

16-36  Sec. 5.050  Names on ballots.

16-37     1.  The full names of all candidates, except those who

16-38  have withdrawn, died or become ineligible, [shall] must be

16-39  printed on the official ballots without party designation or

16-40  symbol. [The use of nicknames in conjunction with the

16-41  candidates’ legal names is allowed and the nicknames may be

16-42  printed on the official ballots.]

16-43     2.  If two or more candidates have the same surname or

16-44  surnames so similar as to be likely to cause confusion[,] and:

17-1      (a) None of them is an incumbent, their residence

17-2  addresses [shall] must be printed with their names on the

17-3  ballot[.] ; or

17-4      (b) One of them is an incumbent, the word “Incumbent”

17-5  must appear immediately following the name of that

17-6  candidate.

17-7      Sec. 18.  Section 5.050 of the Charter of the City of Carson,

17-8  being chapter 213, Statutes of Nevada 1969, at page 305, is hereby

17-9  amended to read as follows:

17-10  Sec. 5.050  Names on ballots.

17-11     1.  The full names of all candidates, except those who

17-12  have withdrawn, died or become ineligible, [shall] must be

17-13  printed on the official ballots without party designation or

17-14  symbol. [The use of nicknames in conjunction with the

17-15  candidates’ legal names is allowed and nicknames may be

17-16  printed on the official ballots.]

17-17     2.  If two or more candidates have the same surname or

17-18  surnames so similar as to be likely to cause confusion[,] and:

17-19     (a) None of them is an incumbent, their residence

17-20  addresses [shall] must be printed with their names on the

17-21  ballot[.] ; or

17-22     (b) One of them is an incumbent, the word “Incumbent”

17-23  must appear immediately following the name of that

17-24  candidate.

17-25     Sec. 19.  Section 5.040 of the Charter of the City of Elko,

17-26  being chapter 276, Statutes of Nevada 1971, at page 488, is hereby

17-27  amended to read as follows:

17-28  Sec. 5.040  Names on ballots.

17-29     1.  The full names of all candidates, except those who

17-30  have withdrawn, died or become ineligible, [shall] must be

17-31  printed on the official ballots without party designation or

17-32  symbol. [The use of nicknames in conjunction with the

17-33  candidates’ legal names is allowed and the nicknames may be

17-34  printed on the official ballots.]

17-35     2.  If two or more candidates have the same surname or

17-36  surnames so similar as to be likely to cause confusion[,] and:

17-37     (a) None of them is an incumbent, their residence

17-38  addresses [shall] must be printed with their names on the

17-39  ballot[.] ; or

 

 

 

 

18-1      (b) One of them is an incumbent, the word “Incumbent”

18-2  must appear immediately following the name of that

18-3  candidate.

18-4      Sec. 20.  Section 5.050 of the Charter of the City of Henderson,

18-5  being chapter 266, Statutes of Nevada 1971, as amended by chapter

18-6  596, Statutes of Nevada 1995, at page 2215, is hereby amended to

18-7  read as follows:

18-8  Sec. 5.050  Names on ballots.

18-9      1.  The full names of all candidates, except those who

18-10  have withdrawn, died or become ineligible, must be printed

18-11  on the official ballots without party designation or symbol.

18-12  [The use of nicknames in conjunction with the candidates’

18-13  legal names is allowed and the nicknames may be printed on

18-14  the official ballots in accordance with the provisions of

18-15  NRS 293.177.]

18-16     2.  If two or more candidates have the same surname or

18-17  surnames so similar as to be likely to cause confusion[,] and:

18-18     (a) None of them is an incumbent, their residence

18-19  addresses must be printed with their names on the ballot[.] ;

18-20  or

18-21     (b) One of them is an incumbent, the word “Incumbent”

18-22  must appear immediately following the name of that

18-23  candidate.

18-24     Sec. 21.  Section 5.050 of the Charter of the City of Las Vegas,

18-25  being chapter 517, Statutes of Nevada 1983, at page 1415, is hereby

18-26  amended to read as follows:

18-27  Sec. 5.050  Names on ballots.  

18-28     1.  The full names of all of the candidates, except those

18-29  who have withdrawn, died or become ineligible, must be

18-30  printed on the official ballots without party designation or

18-31  symbol. [The use of nicknames in conjunction with the

18-32  candidates’ legal names is allowed, and the nicknames may

18-33  be printed with the legal names on the official ballots.]

18-34     2.  If two or more candidates have the same name or

18-35  names which are so similar as likely to cause confusion[,]

18-36  and:

18-37     (a) None of them is an incumbent, their residence

18-38  addresses must be printed with their names on the ballots[.] ;

18-39  or

18-40     (b) One of them is an incumbent, the word “Incumbent”

18-41  must appear immediately following the name of that

18-42  candidate.

 

 

19-1      Sec. 22.  Section 5.050 of the Charter of the City of North Las

19-2  Vegas, being chapter 573, Statutes of Nevada 1971, as amended by

19-3  chapter 723, Statutes of Nevada 1973, at page 1442, is hereby

19-4  amended to read as follows:

19-5  Sec. 5.050  Names on ballots.

19-6      1.  The full names of all candidates, except those who

19-7  have withdrawn, died or become ineligible, [shall] must be

19-8  printed on the official ballots without party designation or

19-9  symbol. [The use of nicknames in conjunction with the

19-10  candidates’ legal names is allowed and the nicknames may be

19-11  printed on the official ballots.]

19-12     2.  If two or more candidates have the same surname or

19-13  surnames so similar as to be likely to cause confusion[,] and:

19-14     (a) None of them is an incumbent, their residence

19-15  addresses [shall] must be printed with their names on the

19-16  ballot[.] ; or

19-17     (b) One of them is an incumbent, the word “Incumbent”

19-18  must appear immediately following the name of that

19-19  candidate.

19-20     3.  In any election regulated by this Charter, the names of

19-21  candidates as printed on the ballot shall not include any title,

19-22  designation or other reference which will indicate the profession or

19-23  occupation of such candidates.

19-24     Sec. 23.  Section 5.050 of the Charter of the City of Reno,

19-25  being chapter 662, Statutes of Nevada 1971, at page 1978, is hereby

19-26  amended to read as follows:

19-27  Sec. 5.050  Names on ballots.

19-28     1.  The full names of all candidates, except those who

19-29  have withdrawn, died or become ineligible, [shall] must be

19-30  printed on the official ballots without party designation or

19-31  symbol. [The use of nicknames in conjunction with the

19-32  candidates’ legal names is allowed and the nicknames may be

19-33  printed on the official ballots.]

19-34     2.  If two or more candidates have the same surname or

19-35  surnames so similar as to be likely to cause confusion[,] and:

19-36     (a) None of them is an incumbent, their residence

19-37  addresses [shall] must be printed with their names on the

19-38  ballot[.] ; or

19-39     (b) One of them is an incumbent, the word “Incumbent”

19-40  must appear immediately following the name of that

19-41  candidate.

 

 

 

20-1      Sec. 24.  Section 5.050 of the Charter of the City of Sparks,

20-2  being chapter 470, Statutes of Nevada 1975, at page 736, is hereby

20-3  amended to read as follows:

20-4  Sec. 5.050  Names on ballots.

20-5      1.  The full names of all candidates, except those who

20-6  have withdrawn, died or become ineligible, [shall] must be

20-7  printed on the official ballots without party designation or

20-8  symbol. [The use of nicknames in conjunction with the

20-9  candidates’ legal names is allowed and the nicknames may be

20-10  printed on the official ballots.]

20-11     2.  If two or more candidates have the same surname[,]

20-12  or surnames so similar as to be likely to cause confusion[,]

20-13  and:

20-14     (a) None of them is an incumbent, their residence

20-15  addresses [shall] must be printed with their names on the

20-16  ballot[.] ; or

20-17     (b) One of them is an incumbent, the word “Incumbent”

20-18  must appear immediately following the name of that

20-19  candidate.

20-20     Sec. 25.  Section 5.040 of the Charter of the City of Wells,

20-21  being chapter 275, Statutes of Nevada 1971, at page 470, is hereby

20-22  amended to read as follows:

20-23  Sec. 5.040  Names on ballots.  

20-24     1.  The full names of all candidates, except those who

20-25  have withdrawn, died or become ineligible, [shall] must be

20-26  printed on the official ballots without party designation or

20-27  symbol. [The use of nicknames in conjunction with the

20-28  candidates’ legal names is allowed and the nicknames may be

20-29  printed on the official ballots.]

20-30     2.  If two or more candidates have the same surname or

20-31  surnames so similar as to be likely to cause confusion[,] and:

20-32     (a) None of them is an incumbent, their residence

20-33  addresses [shall] must be printed with their names on the

20-34  ballot[.] ; or

20-35     (b) One of them is an incumbent, the word “Incumbent”

20-36  must appear immediately following the name of that

20-37  candidate.

20-38     Sec. 26.  Section 5.040 of the Charter of the City of Yerington,

20-39  being chapter 465, Statutes of Nevada 1971, at page 912, is hereby

20-40  amended to read as follows:

20-41  Sec. 5.040  Names on ballots.  

20-42     1.  The full names of all candidates, except those who

20-43  have withdrawn, died or become ineligible, [shall] must be

20-44  printed on the official ballots without party designation or

20-45  symbol. [The use of nicknames in conjunction with the

21-1  candidates’ legal names is allowed and the nicknames may be

21-2  printed on the official ballots.]

21-3      2.  If two or more candidates have the same surname or

21-4  surnames so similar as to be likely to cause confusion[,] and:

21-5      (a) None of them is an incumbent, their residence

21-6  addresses [shall] must be printed with their names on the

21-7  ballot[.] ; or

21-8      (b) One of them is an incumbent, the word “Incumbent”

21-9  must appear immediately following the name of that

21-10  candidate.

 

21-11  H