(Reprinted with amendments adopted on April 11, 2003)

 

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 posted on certain websites or 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 certain abstracts of votes to post such an abstract on a website on the Internet or transmit such an abstract to each public library within the jurisdiction of that person or entity; requiring a city clerk who certifies an abstract of votes to post such an abstract on a website on the Internet or 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:

1-6  1.  Transmit on paper or by electronic mail to each public

1-7  library in the jurisdiction of that person or entity; or

1-8  2.  Post on a website maintained by that person or entity on

1-9  the Internet or its successor, if any,

2-1  a copy of each abstract that the person or entity prepares within 30

2-2  days after the abstract is prepared.

2-3  Sec. 2.  NRS 293C.387 is hereby amended to read as follows:

2-4  293C.387  1.  The election returns from a special election,

2-5  primary city election or general city election must be filed with the

2-6  city clerk, who shall immediately place the returns in a safe or vault.

2-7  No person may handle, inspect or in any manner interfere with the

2-8  returns until they are canvassed by the mayor and the governing

2-9  body of the city.

2-10      2.  After the governing body of a city receives the returns from

2-11  all the precincts and districts in the city, it shall meet with the mayor

2-12  to canvass the returns. The canvass must be completed on or before

2-13  the fifth working day following the election.

2-14      3.  In completing the canvass of the returns, the governing body

2-15  of the city and the mayor shall:

2-16      (a) Note separately any clerical errors discovered; and

2-17      (b) Take account of the changes resulting from the discovery, so

2-18  that the result declared represents the true vote cast.

2-19      4.  After the canvass is completed, the governing body of the

2-20  city and mayor shall declare the result of the canvass.

2-21      5.  The city clerk shall enter upon the records of the governing

2-22  body of the city an abstract of the result. The abstract must be

2-23  prepared in the manner prescribed by regulations adopted by the

2-24  Secretary of State and must contain the number of votes cast for

2-25  each candidate.

2-26      6.  After the abstract is entered, the:

2-27      (a) City clerk shall seal the election returns, maintain them in a

2-28  vault for at least 22 months and give no person access to them

2-29  during that period, unless access is ordered by a court of competent

2-30  jurisdiction or by the governing body of the city.

2-31      (b) Governing body of the city shall, by an order made and

2-32  entered in the minutes of its proceedings, cause the city clerk to:

2-33          (1) Certify the abstract;

2-34          (2) Make a copy of the certified abstract;

2-35          (3) Make a mechanized report of the abstract in compliance

2-36  with regulations adopted by the Secretary of State; [and]

2-37          (4) Transmit [the] a copy of the certified abstract and the

2-38  mechanized report of the abstract to the Secretary of State within 6

2-39  working days after the election[.] ; and

2-40          (5) Transmit on paper or by electronic mail to each public

2-41  library in the city, or post on a website maintained by the city or

2-42  the city clerk on the Internet or its successor, if any, a copy of the

2-43  certified abstract within 30 days after the election.

2-44      7.  After the abstract of the results from a:

3-1  (a) Primary city election has been certified, the city clerk shall

3-2  certify the name of each person nominated and the name of the

3-3  office for which he is nominated.

3-4  (b) General city election has been certified, the city clerk shall:

3-5       (1) Issue under his hand and official seal to each person

3-6  elected a certificate of election; and

3-7       (2) Deliver the certificate to the persons elected upon their

3-8  application at the office of the city clerk.

3-9  8.  The officers elected to the governing body of the city qualify

3-10  and enter upon the discharge of their respective duties on the first

3-11  regular meeting of that body next succeeding that in which the

3-12  canvass of returns was made pursuant to subsection 2.

 

3-13  H