Senate Bill No. 262–Senators Neal, Titus, Care, Carlton, Coffin, Mathews, Schneider and Wiener

 

March 12, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Requires certain abstracts of votes to be transmitted to certain public libraries. (BDR 24‑906)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to elections; requiring the Secretary of State, a board of county commissioners, a county clerk and any other person who prepares an abstract of votes to transmit such an abstract to each public library within his jurisdiction; requiring a city clerk who certifies an abstract of votes to transmit such an abstract to each public library in the city; 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  The Secretary of State, a board of county commissioners, a

1-4  county clerk and any other person who prepares an abstract of

1-5  votes pursuant to this chapter shall transmit to each public library

1-6  in his jurisdiction a copy of each abstract he prepares within 30

1-7  days after the abstract is prepared.

1-8  Sec. 2.  NRS 293C.387 is hereby amended to read as follows:

1-9  293C.387  1.  The election returns from a special election,

1-10  primary city election or general city election must be filed with the

1-11  city clerk, who shall immediately place the returns in a safe or vault.

1-12  No person may handle, inspect or in any manner interfere with the

2-1  returns until they are canvassed by the mayor and the governing

2-2  body of the city.

2-3  2.  After the governing body of a city receives the returns from

2-4  all the precincts and districts in the city, it shall meet with the mayor

2-5  to canvass the returns. The canvass must be completed on or before

2-6  the fifth working day following the election.

2-7  3.  In completing the canvass of the returns, the governing body

2-8  of the city and the mayor shall:

2-9  (a) Note separately any clerical errors discovered; and

2-10      (b) Take account of the changes resulting from the discovery, so

2-11  that the result declared represents the true vote cast.

2-12      4.  After the canvass is completed, the governing body of the

2-13  city and mayor shall declare the result of the canvass.

2-14      5.  The city clerk shall enter upon the records of the governing

2-15  body of the city an abstract of the result. The abstract must be

2-16  prepared in the manner prescribed by regulations adopted by the

2-17  Secretary of State and must contain the number of votes cast for

2-18  each candidate.

2-19      6.  After the abstract is entered, the:

2-20      (a) City clerk shall seal the election returns, maintain them in a

2-21  vault for at least 22 months and give no person access to them

2-22  during that period, unless access is ordered by a court of competent

2-23  jurisdiction or by the governing body of the city.

2-24      (b) Governing body of the city shall, by an order made and

2-25  entered in the minutes of its proceedings, cause the city clerk to:

2-26          (1) Certify the abstract;

2-27          (2) Make a copy of the certified abstract;

2-28          (3) Make a mechanized report of the abstract in compliance

2-29  with regulations adopted by the Secretary of State; [and]

2-30          (4) Transmit [the] a copy of the certified abstract and the

2-31  mechanized report of the abstract to the Secretary of State within 6

2-32  working days after the election[.] ; and

2-33          (5) Transmit to each public library in the city a copy of the

2-34  certified abstract within 30 days after the election.

2-35      7.  After the abstract of the results from a:

2-36      (a) Primary city election has been certified, the city clerk shall

2-37  certify the name of each person nominated and the name of the

2-38  office for which he is nominated.

2-39      (b) General city election has been certified, the city clerk shall:

2-40          (1) Issue under his hand and official seal to each person

2-41  elected a certificate of election; and

2-42          (2) Deliver the certificate to the persons elected upon their

2-43  application at the office of the city clerk.

2-44      8.  The officers elected to the governing body of the city qualify

2-45  and enter upon the discharge of their respective duties on the first

3-1  regular meeting of that body next succeeding that in which the

3-2  canvass of returns was made pursuant to subsection 2.

 

3-3  H