(Reprinted with amendments adopted on April 21, 2003)
FIRST REPRINT S.B. 453
Senate Bill No. 453–Committee on Government Affairs
(On Behalf of the Secretary of State)
March 24, 2003
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes concerning elections. (BDR 24‑560)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 20, 38)
(Not Requested by Affected Local Government)
~
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; requiring the Secretary of State to establish a statewide voter registration list; establishing certain standards for voting systems; establishing the use of provisional ballots for certain elections held in this state; changing the types of acceptable identification for certain persons voting for the first time; requiring the posting of certain information at each polling place; requiring county and city clerks to take certain actions to assist elderly persons and persons with disabilities in voting; changing the type of identification required to register to vote; making various changes concerning voting by persons who are in the Armed Forces of the United States or overseas; extending the period for registering to vote; exempting the Secretary of State from the State Purchasing Act for awarding certain contracts concerning the statewide voter registration list; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. Chapter 293 of NRS is hereby amended by adding
2-2 thereto the provisions set forth as sections 2 to 15, inclusive, of this
2-3 act.
2-4 Sec. 2. “Statewide voter registration list” means the list of
2-5 registered voters established and maintained pursuant to section 3
2-6 of this act.
2-7 Sec. 3. 1. The Secretary of State shall establish and
2-8 maintain an official statewide voter registration list in consultation
2-9 with each county and city clerk.
2-10 2. The statewide voter registration list must:
2-11 (a) Be a uniform, centralized and interactive computerized list;
2-12 (b) Serve as the single method for storing and managing the
2-13 official list of registered voters in this state;
2-14 (c) Serve as the official list of registered voters for the conduct
2-15 of all elections in this state;
2-16 (d) Contain the name and registration information of every
2-17 legally registered voter in this state;
2-18 (e) Include a unique identifier assigned by the Secretary of
2-19 State to each legally registered voter in this state;
2-20 (f) Be coordinated with the appropriate databases of other
2-21 agencies in this state;
2-22 (g) Be electronically accessible to each state and local election
2-23 official in this state at all times;
2-24 (h) Allow for data to be shared with other states under certain
2-25 circumstances; and
2-26 (i) Be regularly maintained to ensure the integrity of the
2-27 registration process and the election process.
2-28 3. Each county and city clerk shall:
2-29 (a) Electronically enter into the statewide voter registration list
2-30 all information related to voter registration obtained by the county
2-31 or city clerk at the time the information is provided to the county
2-32 or city clerk; and
2-33 (b) Provide the Secretary of State with information concerning
2-34 the voter registration of the county or city and any other
2-35 information requested by the Secretary of State in the form
2-36 required by the Secretary of State to establish or maintain the
2-37 statewide voter registration list.
2-38 4. In establishing and maintaining the statewide voter
2-39 registration list, the Secretary of State shall enter into a
2-40 cooperative agreement with the Department of Motor Vehicles to
2-41 match information in the database of the statewide voter
2-42 registration list with information in the appropriate database of
2-43 the Department of Motor Vehicles to verify the accuracy of the
2-44 information in an application to register to vote.
3-1 5. The Department of Motor Vehicles shall enter into an
3-2 agreement with the Social Security Administration pursuant to 42
3-3 U.S.C. § 15483, to verify the accuracy of information in an
3-4 application to register to vote.
3-5 Sec. 4. If a county or city uses paper ballots or punch cards
3-6 in an election, including, without limitation, for absent ballots and
3-7 ballots voted in a mailing precinct, the county or city clerk shall
3-8 provide a voter education program specific to the voting system
3-9 used by the county or city. The voter education program must
3-10 include, without limitation, information concerning the effect of
3-11 overvoting and the procedures for correcting a vote on a ballot
3-12 before it is cast and counted and for obtaining a replacement
3-13 ballot.
3-14 Sec. 5. The Secretary of State and each county and city clerk
3-15 shall ensure that each voting system used in this state:
3-16 1. Secures to each voter privacy and independence in the act
3-17 of voting, including, without limitation, confidentiality of the
3-18 ballot of the voter;
3-19 2. Allows each voter to verify privately and independently the
3-20 votes selected by the voter on the ballot before the ballot is cast
3-21 and counted;
3-22 3. Provides each voter with the opportunity, in a private and
3-23 independent manner, to change the ballot and to correct any error
3-24 before the ballot is cast and counted, including, without limitation,
3-25 the opportunity to correct an error through the issuance of a
3-26 replacement ballot if the voter is otherwise unable to change the
3-27 ballot or correct the error;
3-28 4. Provides a permanent paper record with a manual audit
3-29 capacity which must be available as an official record for a
3-30 recount; and
3-31 5. Meets or exceeds the standards for voting systems
3-32 established by the Federal Election Commission, including,
3-33 without limitation, the error rate standards.
3-34 Sec. 6. 1. Each voting system used by a county or city shall
3-35 provide voting materials in English and other languages in
3-36 compliance with the provisions of 42 U.S.C. § 1973aa-1a.
3-37 2. As used in this section, the term “voting materials” has the
3-38 meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
3-39 Sec. 7. A person at a polling place may cast a provisional
3-40 ballot in an election to vote for a candidate if the person complies
3-41 with the applicable provisions of section 8 of this act and:
3-42 1. Declares that he has registered to vote and is eligible to
3-43 vote at that election in that jurisdiction, but his name does not
3-44 appear on the statewide voter registration list as a voter eligible to
3-45 vote in that election in that jurisdiction;
4-1 2. Applies by mail to register to vote and has not previously
4-2 voted in an election in this state and fails to provide the
4-3 identification required pursuant to paragraph (a) of subsection 1
4-4 of section 10 of this act to the election board officer at the polling
4-5 place; or
4-6 3. Declares that he is entitled to vote after the polling place
4-7 would normally close as a result of a court order or other order
4-8 extending the time established for the closing of polls pursuant to
4-9 a law of this state in effect 10 days before the date of the election.
4-10 Sec. 8. 1. Before a person may cast a provisional ballot
4-11 pursuant to section 7 of this act, the person must complete a
4-12 written affirmation on a form provided by an election board
4-13 officer, as prescribed by the Secretary of State, at the polling place
4-14 which includes:
4-15 (a) The name of the person casting the provisional ballot;
4-16 (b) The reason for casting the provisional ballot;
4-17 (c) A statement in which the person casting the provisional
4-18 ballot affirms under penalty of perjury that he is a registered voter
4-19 in the jurisdiction and is eligible to vote in the election;
4-20 (d) The date and type of election;
4-21 (e) The signature of the person casting the provisional ballot;
4-22 (f) The signature of the election board officer;
4-23 (g) A unique affirmation identification number assigned to the
4-24 person casting the provisional ballot;
4-25 (h) If the person is casting the provisional ballot pursuant to
4-26 subsection 1 of section 7 of this act:
4-27 (1) An indication by the person as to whether or not he
4-28 provided the required identification at the time he applied to
4-29 register to vote;
4-30 (2) The address of the person as listed on his application to
4-31 register to vote;
4-32 (3) Information concerning the place, manner and
4-33 approximate date on which the person applied to register to vote;
4-34 (4) Any other information that the person believes may be
4-35 useful in verifying that the person has registered to vote; and
4-36 (5) A statement informing the voter that if the voter does
4-37 not provide identification at the time the voter casts the provisional
4-38 ballot, the required identification must be provided to the county
4-39 or city clerk not later than 5 p.m. on the Friday following election
4-40 day and that failure to do so will result in the provisional ballot
4-41 not being counted;
4-42 (i) If the person is casting the provisional ballot pursuant to
4-43 subsection 2 of section 7 of this act:
4-44 (1) The address of the person as listed on his application to
4-45 register to vote;
5-1 (2) The voter registration number, if any, issued to the
5-2 person; and
5-3 (3) A statement informing the voter that the required
5-4 identification must be provided to the county or city clerk not later
5-5 than 5 p.m. on the Friday following election day and that failure
5-6 to do so will result in the provisional ballot not being counted; and
5-7 (j) If the person is casting the provisional ballot pursuant to
5-8 subsection 3 of section 7 of this act, the voter registration number,
5-9 if any, issued to the person.
5-10 2. After a person completes a written affirmation pursuant to
5-11 subsection 1:
5-12 (a) The election board officer shall provide the person with a
5-13 receipt that includes the unique affirmation identification number
5-14 described in subsection 1 and that explains how the person may
5-15 use the free access system established pursuant to section 13 of
5-16 this act to ascertain whether his vote was counted, and, if his vote
5-17 was not counted, the reason why the vote was not counted;
5-18 (b) The voter’s name and applicable information must be
5-19 entered into the roster in a manner which indicates that the voter
5-20 cast a provisional ballot; and
5-21 (c) The election board officer shall issue a provisional ballot
5-22 for the jurisdiction in which the voter claims he is eligible to vote
5-23 and allow the person to cast the provisional ballot.
5-24 Sec. 9. A person may cast a ballot by mail to vote in an
5-25 election, which must be treated as a provisional ballot by the
5-26 county or city clerk if the person:
5-27 1. Applies by mail to register to vote and has not previously
5-28 voted in an election in this state;
5-29 2. Fails to provide the identification required pursuant to
5-30 paragraph (b) of subsection 1 of section 10 of this act to the
5-31 county or city clerk at the time that he mails his ballot; and
5-32 3. Completes the written affirmation set forth in subsection 1
5-33 of section 8 of this act.
5-34 Sec. 10. 1. Except as otherwise provided in subsection 2, in
5-35 sections 7 and 9 of this act and in federal law, a person who
5-36 registers by mail to vote in this state and who has not previously
5-37 voted in an election in this state:
5-38 (a) May vote at a polling place only if the person presents to
5-39 the election board officer at the polling place:
5-40 (1) A current and valid photo identification of the person;
5-41 or
5-42 (2) A copy of a current utility bill, bank statement,
5-43 paycheck, or document issued by a governmental entity, including,
5-44 without limitation, a check, which indicates the name and address
5-45 of the person; and
6-1 (b) May vote by mail only if the person provides to the county
6-2 or city clerk:
6-3 (1) A copy of a current and valid photo identification of the
6-4 person; or
6-5 (2) A copy of a current utility bill, bank statement,
6-6 paycheck, or document issued by a governmental entity, including,
6-7 without limitation, a check, which indicates the name and address
6-8 of the person.
6-9 2. The provisions of this section do not apply to a person
6-10 who:
6-11 (a) Registers to vote by mail and submits with his application
6-12 to register to vote:
6-13 (1) A copy of a current and valid photo identification; or
6-14 (2) A copy of a current utility bill, bank statement,
6-15 paycheck, or document issued by a governmental entity, including,
6-16 without limitation, a check, which indicates the name and address
6-17 of the person;
6-18 (b) Registers to vote by mail and submits with his application
6-19 to register to vote a driver’s license number or at least the last four
6-20 digits of his social security number, if a state or local election
6-21 official has matched that information with an existing
6-22 identification record bearing the same number, name and date of
6-23 birth as provided by the person in his application;
6-24 (c) Is entitled to vote an absent ballot pursuant to the
6-25 Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
6-26 §§ 1973ff et seq.;
6-27 (d) Is provided the right to vote otherwise than in person under
6-28 the Voting Accessibility for the Elderly and Handicapped Act,
6-29 42 U.S.C. §§ 1973ee et seq.; or
6-30 (e) Is entitled to vote otherwise than in person under any other
6-31 federal law.
6-32 Sec. 11. Each county and city clerk shall establish
6-33 procedures to:
6-34 1. Keep each provisional ballot cast pursuant to section 7 or 9
6-35 of this act separate from other ballots until it has been determined
6-36 whether or not the voter was registered and eligible to vote in the
6-37 election in that jurisdiction;
6-38 2. Keep each provisional ballot cast pursuant to subsection 3
6-39 of section 7 of this act separate from all other provisional ballots;
6-40 and
6-41 3. Inform a person whose name does not appear on the
6-42 statewide voter registration list as an eligible voter for a polling
6-43 place or who an election official asserts is not eligible to vote at
6-44 the polling place of the ability of the person to cast a provisional
6-45 ballot.
7-1 Sec. 12. 1. Following each election, a canvass of the
7-2 provisional ballots cast in the election must be conducted pursuant
7-3 to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.
7-4 2. The county and city clerk shall not:
7-5 (a) Include any provisional ballot in the unofficial results
7-6 reported on election night; or
7-7 (b) Open any envelope containing a provisional ballot before
7-8 8 a.m. on the Wednesday following election day.
7-9 3. Except as otherwise provided in subsection 4, a provisional
7-10 ballot must be counted if:
7-11 (a) The county or city clerk determines that the person who
7-12 cast the provisional ballot was registered to vote in the election,
7-13 eligible to vote in the election and issued the appropriate ballot for
7-14 the address at which he resides;
7-15 (b) A voter who failed to provide required identification at the
7-16 polling place or with his mailed ballot provides the required
7-17 identification to the county or city clerk not later than 5 p.m. on
7-18 the Friday following election day; or
7-19 (c) A court order has not been issued by 5 p.m. on the Friday
7-20 following election day directing that provisional ballots cast
7-21 pursuant subsection 3 of section 7 of this act not be counted, and
7-22 the provisional ballot was cast pursuant to subsection 3 of section
7-23 7 of this act.
7-24 4. A provisional ballot must not be counted if the county or
7-25 city clerk determines that the person who cast the provisional
7-26 ballot cast the wrong ballot for the address at which he resides.
7-27 Sec. 13. 1. The Secretary of State shall establish a free
7-28 access system such as a toll-free telephone number or an Internet
7-29 website to inform a person who cast a provisional ballot whether
7-30 his vote was counted and, if his vote was not counted, the reason
7-31 why the vote was not counted.
7-32 2. The free access system must ensure secrecy of the ballot
7-33 while protecting the confidentiality and integrity of personal
7-34 information contained therein.
7-35 3. Access to information concerning a provisional ballot must
7-36 be restricted to the person who cast the provisional ballot.
7-37 Sec. 14. The Secretary of State and each county and city
7-38 clerk shall ensure that a copy of each of the following is posted in
7-39 a conspicuous place at each polling place on election day:
7-40 1. A sample ballot;
7-41 2. Information concerning the date and hours of operation of
7-42 the polling place;
7-43 3. Instructions for voting and casting a ballot, including a
7-44 provisional ballot;
8-1 4. Instructions concerning the identification required for
8-2 persons who registered by mail and are first-time voters in this
8-3 state;
8-4 5. Information concerning the accessibility of polling places
8-5 to persons with disabilities; and
8-6 6. General information concerning federal and state laws
8-7 which prohibit acts of fraud and misrepresentation.
8-8 Sec. 15. 1. The Secretary of State shall:
8-9 (a) Provide information regarding voter registration and
8-10 absentee voting by Armed Forces personnel and overseas voters;
8-11 (b) Within 90 days after the date of each general election and
8-12 general city election in which electors voted for federal offices,
8-13 submit to the Election Assistance Commission established
8-14 pursuant to 42 U.S.C. § 15321 a report of the combined number of
8-15 absentee ballots transmitted to absent Armed Forces personnel
8-16 and overseas voters for the election and the combined number of
8-17 such ballots that were returned by such voters and cast in the
8-18 election;
8-19 (c) Make each report submitted pursuant to paragraph (b)
8-20 available to the public; and
8-21 (d) Adopt any regulations which are necessary to comply with
8-22 the provisions of the Help America Vote Act of 2002, Public Law
8-23 107-252, and which are not inconsistent with the provisions of this
8-24 chapter to the extent the provisions of this chapter are consistent
8-25 with the Help American Vote Act of 2002, Public Law 107-252.
8-26 2. Each county and city clerk shall provide such information
8-27 as is requested by the Secretary of State to comply with the
8-28 provisions of this section.
8-29 Sec. 16. NRS 293.010 is hereby amended to read as follows:
8-30 293.010 As used in this title, unless the context otherwise
8-31 requires, the words and terms defined in NRS 293.013 to 293.121,
8-32 inclusive, and section 2 of this act have the meanings ascribed to
8-33 them in those sections.
8-34 Sec. 17. NRS 293.1279 is hereby amended to read as follows:
8-35 293.1279 1. If the statistical sampling shows that the number
8-36 of valid signatures filed is 90 percent or more, but less than the sum
8-37 of 100 percent of the number of signatures of registered voters
8-38 needed to declare the petition sufficient plus the total number of
8-39 requests to remove a name received by the county clerks pursuant to
8-40 NRS 295.055 or 306.015, the Secretary of State shall order the
8-41 county clerks to examine the signatures for verification. The county
8-42 clerks shall examine the signatures for verification until they
8-43 determine that 100 percent of the number of signatures of registered
8-44 voters needed to declare the petition sufficient are valid. If the
8-45 county clerks received a request to remove a name pursuant to NRS
9-1 295.055 or 306.015, the county clerks may not determine that 100
9-2 percent of the number of signatures of registered voters needed to
9-3 declare the petition sufficient are valid until they have removed each
9-4 name as requested pursuant to NRS 295.055 or 306.015.
9-5 2. If the statistical sampling shows that the number of valid
9-6 signatures filed in any county is 90 percent or more but less than the
9-7 sum of 100 percent of the number of signatures of registered voters
9-8 needed to constitute 10 percent of the number of voters who voted at
9-9 the last preceding general election in that county plus the total
9-10 number of requests to remove a name received by the county clerk
9-11 in that county pursuant to NRS 295.055 or 306.015, the Secretary of
9-12 State may order the county clerk in that county to examine every
9-13 signature for verification. If the county clerk received a request to
9-14 remove a name pursuant to NRS 295.055 or 306.015, the county
9-15 clerk may not determine that 100 percent or more of the number of
9-16 signatures of registered voters needed to constitute 10 percent of the
9-17 number of voters who voted at the last preceding general election in
9-18 that county are valid until he has removed each name as requested
9-19 pursuant to NRS 295.055 or 306.015.
9-20 3. Within 12 days, excluding Saturdays, Sundays and holidays,
9-21 after receipt of such an order, the county clerk shall determine from
9-22 the records of registration what number of registered voters have
9-23 signed the petition. If necessary, the board of county commissioners
9-24 shall allow the county clerk additional assistants for examining the
9-25 signatures and provide for their compensation. In determining from
9-26 the records of registration what number of registered voters have
9-27 signed the petition, the county clerk [mayuseanyfileor list of
9-28 registered voters maintained by his office or facsimiles of voters’
9-29 signatures.] must use the statewide voter registration list. The
9-30 county clerk may rely on the appearance of the signature and the
9-31 address and date included with each signature in determining
9-32 the number of registered voters that signed the petition.
9-33 4. Except as otherwise provided in subsection 5, upon
9-34 completing the examination, the county clerk shall immediately
9-35 attach to the documents of the petition an amended certificate ,
9-36 properly dated, showing the result of the examination and shall
9-37 immediately forward the documents with the amended certificate to
9-38 the Secretary of State. A copy of the amended certificate must be
9-39 filed in the county clerk’s office.
9-40 5. For any petition containing signatures which are required to
9-41 be verified pursuant to the provisions of NRS 293.165, 293.200,
9-42 306.035 or 306.110 for any county, district or municipal office
9-43 within one county, the county clerk shall not forward to the
9-44 Secretary of State the documents containing the signatures of the
9-45 registered voters.
10-1 6. Except for a petition to recall a county, district or municipal
10-2 officer, the petition shall be deemed filed with the Secretary of State
10-3 as of the date on which he receives certificates from the county
10-4 clerks showing the petition to be signed by the requisite number of
10-5 voters of the State.
10-6 7. If the amended certificates received from all county clerks
10-7 by the Secretary of State establish that the petition is still
10-8 insufficient, he shall immediately so notify the petitioners and the
10-9 county clerks. If the petition is a petition to recall a county, district
10-10 or municipal officer, the Secretary of State shall also notify the
10-11 officer with whom the petition is to be filed.
10-12 Sec. 18. NRS 293.272 is hereby amended to read as follows:
10-13 293.272 1. Except as otherwise provided in subsection 2[,]
10-14 and in sections 9 and 10 of this act, a person who registered to vote
10-15 pursuant to the provisions of NRS 293.5235 [,] shall, for the first
10-16 election in which he votes at which that registration is valid, vote in
10-17 person unless he has previously voted in the county in which he is
10-18 registered to vote.
10-19 2. The provisions of subsection 1 do not apply to a person who:
10-20 (a) Is entitled to vote in the manner prescribed in NRS 293.343
10-21 to 293.355, inclusive;
10-22 (b) Is entitled to vote an absent ballot pursuant to federal law or
10-23 NRS 293.316 or 293.3165;
10-24 (c) Is disabled;
10-25 (d) Submits or has previously submitted a written request for an
10-26 absent ballot that is signed by the registered voter before a notary
10-27 public or other person authorized to administer an oath; or
10-28 (e) Requests an absent ballot in person at the office of the
10-29 county clerk.
10-30 Sec. 19. NRS 293.277 is hereby amended to read as follows:
10-31 293.277 1. If a person’s name appears in the election board
10-32 register or if he provides an affirmation pursuant to NRS 293.525,
10-33 he is entitled to vote and must sign his name in the election board
10-34 register when he applies to vote. His signature must be compared by
10-35 an election board officer with the signature or a facsimile thereof on
10-36 his original application to register to vote or one of the forms of
10-37 identification listed in subsection 2.
10-38 2. [The] Except as otherwise provided in section 10 of this
10-39 act, the forms of identification which may be used individually to
10-40 identify a voter at the polling place are:
10-41 (a) The card issued to the voter at the time he registered to vote;
10-42 (b) A driver’s license;
10-43 (c) An identification card issued by the Department of Motor
10-44 Vehicles;
10-45 (d) A military identification card; or
11-1 (e) Any other form of identification issued by a governmental
11-2 agency which contains the voter’s signature and physical description
11-3 or picture.
11-4 Sec. 20. NRS 293.2955 is hereby amended to read as follows:
11-5 293.2955 1. Except as otherwise provided in subsection 2, at
11-6 all times during which a polling place is open, the polling place
11-7 must:
11-8 (a) Be accessible to a voter who is elderly or [disabled;] a voter
11-9 with a disability; and
11-10 (b) Have at least one voting booth that is:
11-11 (1) Designed to allow a voter in a wheelchair to vote;
11-12 (2) Designated for use by a voter who is elderly or [disabled;
11-13 and] a voter with a disability;
11-14 (3) Equipped to allow a voter who is elderly or [disabled] a
11-15 voter with a disability to vote with the same privacy as a voter who
11-16 is not elderly or [disabled.] as a voter without a disability; and
11-17 (4) Equipped with a mechanical recording device which
11-18 directly records the votes electronically and which may be used by
11-19 a voter with a disability.
11-20 2. A polling place that does not comply with the provisions of
11-21 subsection 1 may be used if necessary because of a natural disaster,
11-22 including, without limitation, an earthquake, flood, fire or storm.
11-23 3. At each polling place, the county clerk is encouraged to:
11-24 (a) Post in a conspicuous place, in at least 12-point type,
11-25 instructions for voting;
11-26 (b) Provide ballots in alternative audio and visual formats for
11-27 use by a voter who is elderly or [disabled;] a voter with a disability;
11-28 and
11-29 (c) Provide, in alternative audio and visual formats for use by a
11-30 voter who is elderly or [disabled,] a voter with a disability, all
11-31 materials that are:
11-32 (1) Related to the election; and
11-33 (2) Made available to a voter in printed form at the polling
11-34 place.
11-35 Sec. 21. NRS 293.313 is hereby amended to read as follows:
11-36 293.313 1. Except as otherwise provided in NRS 293.272
11-37 and 293.502, a registered voter who provides sufficient written
11-38 notice to the county clerk may vote an absent ballot as provided in
11-39 this chapter.
11-40 2. A registered voter who:
11-41 (a) Is at least 65 years of age; or
11-42 (b) Has a physical disability or condition which substantially
11-43 impairs his ability to go to the polling place,
12-1 may request an absent ballot for all elections held during the year he
12-2 requests an absent ballot. The registered voter must include in his
12-3 request a description of his physical disability or condition.
12-4 3. As used in this section, “sufficient written notice” means a:
12-5 (a) Written request for an absent ballot which is signed by the
12-6 registered voter and returned to the county clerk in person or by
12-7 mail or facsimile machine;
12-8 (b) Form prescribed by the Secretary of State which is
12-9 completed and signed by the registered voter and returned to the
12-10 county clerk in person or by mail or facsimile machine; or
12-11 (c) Form provided by the Federal Government.
12-12 4. A county clerk shall consider a request from a voter who has
12-13 given sufficient written notice on a form provided by the Federal
12-14 Government as a request for [both] an absent ballot for the two
12-15 primary and general elections [unless otherwise specified in]
12-16 immediately following the date on which the county clerk received
12-17 the request.
12-18 5. It is unlawful for a person fraudulently to request an absent
12-19 ballot in the name of another person or to induce or coerce another
12-20 person fraudulently to request an absent ballot in the name of
12-21 another person. A person who violates this subsection is guilty of a
12-22 category E felony and shall be punished as provided in
12-23 NRS 193.130.
12-24 Sec. 22. NRS 293.320 is hereby amended to read as follows:
12-25 293.320 1. The county clerk shall determine before issuing
12-26 an absent ballot that the person making application is a registered
12-27 voter in the proper county.
12-28 2. Armed Forces personnel who are not registered to vote and
12-29 are applying for absent ballots must complete:
12-30 (a) The application to register to vote required by NRS 293.517
12-31 for registration; or
12-32 (b) The form provided by the Federal Government for
12-33 registration and request of an absent ballot,
12-34 before receiving an absent ballot.
12-35 3. If the county clerk rejects an application submitted
12-36 pursuant to subsection 2 or submitted by an overseas voter, the
12-37 county clerk shall inform the applicant of the reason for the
12-38 rejection.
12-39 Sec. 23. NRS 293.504 is hereby amended to read as follows:
12-40 293.504 1. The following offices shall serve as voter
12-41 registration agencies:
12-42 (a) Such offices that provide public assistance as are designated
12-43 by the Secretary of State;
12-44 (b) Each office that receives money from the State of Nevada to
12-45 provide services to persons in this state who are disabled;
13-1 (c) The offices of the Department of Motor Vehicles;
13-2 (d) The offices of the city and county clerks; and
13-3 (e) Such other offices as the Secretary of State deems
13-4 appropriate.
13-5 2. Each voter registration agency shall:
13-6 (a) Post in a conspicuous place, in at least 12-point type,
13-7 instructions for registering to vote;
13-8 (b) Make applications to register to vote which may be returned
13-9 by mail available to each person who applies for or receives services
13-10 or assistance from the agency;
13-11 (c) Provide the same amount of assistance to an applicant in
13-12 completing an application to register to vote as the agency provides
13-13 to a person completing any other forms for the agency; and
13-14 (d) Accept completed applications to register to vote.
13-15 3. Except as otherwise provided in this subsection and NRS
13-16 293.524, any application to register to vote accepted by a voter
13-17 registration agency must be transmitted to the county clerk not later
13-18 than 10 days after the application is accepted. [During] The
13-19 applications must be forwarded daily during the 2 weeks
13-20 immediately preceding the [close of registrationforanelection, the
13-21 applications must be forwarded daily.] fifth Saturday preceding an
13-22 election. The county clerk shall accept any application to register to
13-23 vote which is obtained from a voter registration agency pursuant
13-24 to this section and completed by the [last day to register] fifth
13-25 Saturday preceding an election if he receives the application not
13-26 later than 5 days after [the close of registration.] that date.
13-27 4. The Secretary of State shall cooperate with the Secretary of
13-28 Defense to develop and carry out procedures to enable persons in
13-29 this state to apply to register to vote at recruitment offices of the
13-30 United States Armed Forces.
13-31 Sec. 24. NRS 293.505 is hereby amended to read as follows:
13-32 293.505 1. All justices of the peace, except those located in
13-33 county seats, are ex officio field registrars to carry out the
13-34 provisions of this chapter.
13-35 2. The county clerk shall appoint at least one registered voter to
13-36 serve as a field registrar of voters who, except as otherwise provided
13-37 in NRS 293.5055, shall register voters within the county for which
13-38 he is appointed. Except as otherwise provided in subsection 1, a
13-39 candidate for any office may not be appointed or serve as a field
13-40 registrar. A field registrar serves at the pleasure of the county clerk
13-41 and shall perform his duties as the county clerk may direct.
13-42 3. A field registrar shall demand of any person who applies for
13-43 registration all information required by the application to register to
13-44 vote and shall administer all oaths required by this chapter.
14-1 4. When a field registrar has in his possession five or more
14-2 completed applications to register to vote he shall forward them to
14-3 the county clerk, but in no case may he hold any number of them for
14-4 more than 10 days.
14-5 5. [Immediately] Each field registrar shall forward to the
14-6 county clerk all completed applications in his possession
14-7 immediately after the [close of registration, each field registrar shall
14-8 forward to the county clerk all completed applications in his
14-9 possession.] fifth Saturday preceding an election. Within 5 days
14-10 after the [close of registration for a] fifth Saturday preceding any
14-11 general election or general city election, a field registrar shall return
14-12 all unused applications in his possession to the county clerk. If all of
14-13 the unused applications are not returned to the county clerk, the field
14-14 registrar shall account for the unreturned applications.
14-15 6. Each field registrar shall submit to the county clerk a list of
14-16 the serial numbers of the completed applications to register to vote
14-17 and the names of the electors on those applications. The serial
14-18 numbers must be listed in numerical order.
14-19 7. Each field registrar shall post notices sent to him by the
14-20 county clerk for posting in accordance with the election laws of this
14-21 state.
14-22 8. A field registrar, employee of a voter registration agency or
14-23 person assisting a voter pursuant to subsection [10] 12 of NRS
14-24 293.5235 shall not:
14-25 (a) Delegate any of his duties to another person; or
14-26 (b) Refuse to register a person on account of that person’s
14-27 political party affiliation.
14-28 9. A person shall not hold himself out to be or attempt to
14-29 exercise the duties of a field registrar unless he has been so
14-30 appointed.
14-31 10. A county clerk, field registrar, employee of a voter
14-32 registration agency or person assisting a voter pursuant to subsection
14-33 [10] 12 of NRS 293.5235 shall not:
14-34 (a) Solicit a vote for or against a particular question or
14-35 candidate;
14-36 (b) Speak to a voter on the subject of marking his ballot for or
14-37 against a particular question or candidate; or
14-38 (c) Distribute any petition or other material concerning a
14-39 candidate or question which will be on the ballot for the ensuing
14-40 election,
14-41 while he is registering an elector.
14-42 11. When the county clerk receives applications to register to
14-43 vote from a field registrar , he shall issue a receipt to the field
14-44 registrar. The receipt must include:
14-45 (a) The number of persons registered; and
15-1 (b) The political party of the persons registered.
15-2 12. A county clerk, field registrar, employee of a voter
15-3 registration agency or person assisting a voter pursuant to subsection
15-4 [10] 12 of NRS 293.5235 shall not:
15-5 (a) Knowingly register a person who is not a qualified elector or
15-6 a person who has filed a false or misleading application to register
15-7 to vote;
15-8 (b) Alter or deface an application to register to vote that has
15-9 been signed by an elector except to correct information contained in
15-10 the application after receiving notice from the elector that a change
15-11 in or addition to the information is required; or
15-12 (c) Register a person who fails to provide satisfactory proof of
15-13 identification and the address at which he actually resides.
15-14 13. If a field registrar violates any of the provisions of this
15-15 section, the county clerk shall immediately suspend the field
15-16 registrar and notify the district attorney of the county in which the
15-17 violation occurred.
15-18 14. A person who violates any of the provisions of subsection
15-19 8, 9, 10 or 12 is guilty of a category E felony and shall be punished
15-20 as provided in NRS 193.130.
15-21 Sec. 25. NRS 293.507 is hereby amended to read as follows:
15-22 293.507 1. The Secretary of State shall prescribe:
15-23 (a) A standard form for applications to register to vote; and
15-24 (b) A special form for registration to be used in a county where
15-25 registrations are performed and records of registration are kept by
15-26 computer.
15-27 2. The county clerks shall provide forms for applications to
15-28 register to vote to field registrars in the form and number prescribed
15-29 by the Secretary of State.
15-30 3. A form for an application to register to vote must include a
15-31 duplicate copy or receipt to be retained by the applicant upon
15-32 completion of the form.
15-33 4. The form for an application to register to vote must include:
15-34 (a) A line for use by the county clerk to enter [the number:
15-35 (1) Indicated on the voter’s social security card,] :
15-36 (1) The number indicated on the voter’s current and valid
15-37 driver’s license [or identification card] issued by the Department of
15-38 Motor Vehicles, [or any other identification card issued by an
15-39 agency of this state or the Federal Government that contains:
15-40 (I) An identifying number; and
15-41 (II) A photograph or physical description of the voter; or
15-42 (2) Issued] if the voter has such a driver’s license;
15-43 (2) The last four digits of the voter’s social security
15-44 number, if the voter does not have a driver’s license issued by the
16-1 Department of Motor Vehicles and does have a social security
16-2 number; or
16-3 (3) The number issued to the voter pursuant to subsection 5
16-4 [.] , if the voter does not have a current and valid driver’s license
16-5 issued by the Department of Motor Vehicles or a social security
16-6 number.
16-7 (b) A line on which to enter the address at which the voter
16-8 actually resides, as set forth in NRS 293.486.
16-9 (c) A notice that the voter may not list a business as the address
16-10 required pursuant to paragraph (b) unless he actually resides there.
16-11 (d) A line on which to enter an address at which the voter may
16-12 receive mail, including, without limitation, a post office box or
16-13 general delivery.
16-14 5. If a voter does not[:
16-15 (a) Possess any of] have the identification set forth in
16-16 subparagraph (1) or (2) of paragraph (a) of subsection 4 , [; or
16-17 (b) Wish to provide to the county clerk the number indicated on
16-18 that identification,] the voter shall sign an affidavit stating that he
16-19 does not have a current and valid driver’s license issued by the
16-20 Department of Motor Vehicles or a social security number. Upon
16-21 receipt of the affidavit, the county clerk shall issue an identification
16-22 number to the voter[.] which must be the same number as the
16-23 unique identifier assigned to the voter for purposes of the
16-24 statewide voter registration list.
16-25 6. The Secretary of State shall adopt regulations to carry out
16-26 the provisions of subsections 4 and 5.
16-27 Sec. 26. NRS 293.517 is hereby amended to read as follows:
16-28 293.517 1. Any elector residing within the county may
16-29 register:
16-30 (a) [By] Except as otherwise provided in NRS 293.560 and
16-31 293C.527, by appearing before the county clerk, a field registrar or a
16-32 voter registration agency, completing the application to register to
16-33 vote , [and] giving true and satisfactory answers to all questions
16-34 relevant to his identity and right to vote[;] , and providing proof of
16-35 his residence and identity;
16-36 (b) By completing and mailing or personally delivering to the
16-37 county clerk an application to register to vote pursuant to the
16-38 provisions of NRS 293.5235;
16-39 (c) Pursuant to the provisions of NRS 293.501 or 293.524; or
16-40 (d) At his residence with the assistance of a field registrar
16-41 pursuant to NRS 293.5237.
16-42 The county clerk shall require a person to submit official
16-43 identification as proof of residence and identity, such as a driver’s
16-44 license or other official document, before registering him. If the
16-45 applicant registers to vote pursuant to this subsection and fails to
17-1 provide proof of his residence and identity, the applicant must
17-2 provide proof of his residence and identity before casting a ballot
17-3 in person or by mail or after casting a provisional ballot pursuant
17-4 to section 7 or 9 of this act.
17-5 2. The application to register to vote must be signed and
17-6 verified under penalty of perjury by the elector registering.
17-7 3. Each elector who is or has been married must be registered
17-8 under his own given or first name, and not under the given or first
17-9 name or initials of his spouse.
17-10 4. An elector who is registered and changes his name must
17-11 complete a new application to register to vote. He may obtain a new
17-12 application:
17-13 (a) At the office of the county clerk or field registrar;
17-14 (b) By submitting an application to register to vote pursuant to
17-15 the provisions of NRS 293.5235;
17-16 (c) By submitting a written statement to the county clerk
17-17 requesting the county clerk to mail an application to register to vote;
17-18 or
17-19 (d) At any voter registration agency.
17-20 If the elector fails to register under his new name, he may be
17-21 challenged pursuant to the provisions of NRS 293.303 or 293C.292
17-22 and may be required to furnish proof of identity and subsequent
17-23 change of name.
17-24 5. An elector who registers to vote pursuant to paragraph (a) of
17-25 subsection 1 shall be deemed to be registered upon the completion
17-26 of his application to register to vote.
17-27 6. After the county clerk determines that the application to
17-28 register to vote of a person is complete and that the person is eligible
17-29 to vote, he shall issue a voter registration card to the voter which
17-30 contains:
17-31 (a) The name, address, political affiliation and precinct number
17-32 of the voter;
17-33 (b) The date of issuance; and
17-34 (c) The signature of the county clerk.
17-35 Sec. 27. NRS 293.5235 is hereby amended to read as follows:
17-36 293.5235 1. Except as otherwise provided in NRS 293.502, a
17-37 person may register to vote by mailing an application to register to
17-38 vote to the county clerk of the county in which he resides. The
17-39 county clerk shall, upon request, mail an application to register to
17-40 vote to an applicant. The county clerk shall make the applications
17-41 available at various public places in the county. An application to
17-42 register to vote may be used to correct information in the registrar of
17-43 voters’ register.
17-44 2. An application to register to vote which is mailed to an
17-45 applicant by the county clerk or made available to the public at
18-1 various locations or voter registration agencies in the county may be
18-2 returned to the county clerk by mail or in person. For the purposes
18-3 of this section, an application which is personally delivered to the
18-4 county clerk shall be deemed to have been returned by mail.
18-5 3. The applicant must complete the application, including,
18-6 without limitation, checking the boxes described in paragraphs (b)
18-7 and (c) of subsection 9 and [sign] signing the application.
18-8 4. The county clerk shall, upon receipt of an application,
18-9 determine whether the application is complete.
18-10 5. If he determines that the application is complete, he shall,
18-11 within 10 days after he receives the application, mail to the
18-12 applicant:
18-13 (a) A notice informing him that he is registered to vote and a
18-14 voter registration card as required by subsection 6 of NRS 293.517;
18-15 or
18-16 (b) A notice informing him that the registrar of voters’ register
18-17 has been corrected to reflect any changes indicated on the
18-18 application.
18-19 The applicant shall be deemed to be registered or to have corrected
18-20 the information in the register as of the date the application is
18-21 postmarked or personally delivered.
18-22 6. If the county clerk determines that the application is not
18-23 complete, he shall, as soon as possible, mail a notice to the applicant
18-24 informing him that additional information is required to complete
18-25 the application. If the applicant provides the information requested
18-26 by the county clerk within 15 days after the county clerk mails the
18-27 notice, the county clerk shall, within 10 days after he receives the
18-28 information, mail to the applicant:
18-29 (a) A notice informing him that he is registered to vote and a
18-30 voter registration card as required by subsection 6 of NRS 293.517;
18-31 or
18-32 (b) A notice informing him that the registrar of voters’ register
18-33 has been corrected to reflect any changes indicated on the
18-34 application.
18-35 The applicant shall be deemed to be registered or to have corrected
18-36 the information in the register as of the date the application is
18-37 postmarked or personally delivered. If the applicant does not
18-38 provide the additional information within the prescribed period, the
18-39 application is void.
18-40 7. If the applicant fails to check the box described in
18-41 paragraph (b) of subsection 9, the application shall not be
18-42 considered invalid and the county clerk shall provide a means for
18-43 the applicant to correct the omission at the time the applicant
18-44 appears to vote in person at his assigned polling place.
19-1 8. The Secretary of State shall prescribe the form for an
19-2 application to register to vote by mail which must be used to register
19-3 to vote by mail in this state.
19-4 9. The application to register to vote by mail must include [a] :
19-5 (a) A notice in at least 10-point type which states:
19-6 NOTICE: You are urged to return your application to
19-7 register to vote to the County Clerk in person or by mail. If
19-8 you choose to give your completed application to another
19-9 person to return to the County Clerk on your behalf, and the
19-10 person fails to deliver the application to the County Clerk,
19-11 you will not be registered to vote. Please retain the duplicate
19-12 copy or receipt from your application to register to vote.
19-13 [8.] (b) The question, “Are you a citizen of the United States?”
19-14 and boxes for the applicant to check to indicate whether or not the
19-15 applicant is a citizen of the United States.
19-16 (c) The question, “Will you be at least 18 years of age on or
19-17 before election day?” and boxes for the applicant to check to
19-18 indicate whether or not the applicant will be at least 18 years of
19-19 age or older on election day.
19-20 (d) A statement instructing the applicant not to complete the
19-21 application if the applicant checked “no” in response to the
19-22 question set forth in paragraph (b) or (c).
19-23 (e) A statement informing the applicant that if the application
19-24 is submitted by mail and the applicant is registering to vote for the
19-25 first time, the applicant must submit the information set forth in
19-26 paragraph (a) of subsection 2 of section 10 of this act to avoid the
19-27 requirements of subsection 1 of section 10 of this act upon voting
19-28 for the first time.
19-29 10. The county clerk shall not register a person to vote
19-30 pursuant to this section unless that person has provided all of the
19-31 information required by the application.
19-32 [9.] 11. The county clerk shall mail, by postcard, the notices
19-33 required pursuant to subsections 5 and 6. If the postcard is returned
19-34 to the county clerk by the United States Postal Service because the
19-35 address is fictitious or the person does not live at that address, the
19-36 county clerk shall attempt to determine whether the person’s current
19-37 residence is other than that indicated on his application to register to
19-38 vote in the manner set forth in NRS 293.530.
19-39 [10.] 12. A person who, by mail, registers to vote pursuant to
19-40 this section may be assisted in completing the application to register
19-41 to vote by any other person. The application must include the
19-42 mailing address and signature of the person who assisted the
19-43 applicant. The failure to provide the information required by this
20-1 subsection will not result in the application being deemed
20-2 incomplete.
20-3 [11.] 13. An application to register to vote must be made
20-4 available to all persons, regardless of political party affiliation.
20-5 [12.] 14. An application must not be altered or otherwise
20-6 defaced after the applicant has completed and signed it. An
20-7 application must be mailed or delivered in person to the office of the
20-8 county clerk within 10 days after it is completed.
20-9 [13.] 15. A person who willfully violates any of the provisions
20-10 of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E
20-11 felony and shall be punished as provided in NRS 193.130.
20-12 [14.] 16. The Secretary of State shall adopt regulations to carry
20-13 out the provisions of this section.
20-14 Sec. 28. NRS 293.5237 is hereby amended to read as follows:
20-15 293.5237 Any time before the [close of registration] fifth
20-16 Saturday preceding an election, a person who because of illness,
20-17 disability or for other good cause shown requires assistance to
20-18 complete an application to register to vote may request the county
20-19 clerk in writing or by telephone to register him at his residence.
20-20 Upon request, the county clerk shall direct the appropriate field
20-21 registrar to go to the home of such a person to register him to vote.
20-22 Sec. 29. NRS 293.524 is hereby amended to read as follows:
20-23 293.524 1. The Department of Motor Vehicles shall provide
20-24 an application to register to vote to each person who applies for the
20-25 issuance or renewal of any type of driver’s license or for an
20-26 identification card.
20-27 2. The county clerk shall use the applications to register to vote
20-28 which are signed and completed pursuant to subsection 1 to register
20-29 applicants to vote or to correct information in the registrar of voters’
20-30 register. An application that is not signed must not be used to
20-31 register or correct the registration of the applicant.
20-32 3. For the purposes of this section, each employee specifically
20-33 authorized to do so by the Director of the Department may oversee
20-34 the completion of an application. The authorized employee shall
20-35 check the application for completeness and verify the information
20-36 required by the application. Each application must include a
20-37 duplicate copy or receipt to be retained by the applicant upon
20-38 completion of the form. The Department shall, except as otherwise
20-39 provided in this subsection, forward each application on a weekly
20-40 basis to the county clerk or, if applicable, to the registrar of voters of
20-41 the county in which the applicant resides. [During] The applications
20-42 must be forwarded daily during the 2 weeks immediately preceding
20-43 the [close of registrationfor an election, the applications must be
20-44 forwarded daily.] fifth Saturday preceding an election.
21-1 4. The county clerk shall accept any application to register to
21-2 vote which is obtained from the Department of Motor Vehicles
21-3 pursuant to this section and completed by the [last day to register]
21-4 fifth Saturday preceding an election if he receives the application
21-5 not later than 5 days after [theclose of registration.] that date. Upon
21-6 receipt of an application, the county clerk or field registrar of voters
21-7 shall determine whether the application is complete. If he
21-8 determines that the application is complete, he shall notify the
21-9 applicant and the applicant shall be deemed to be registered as of the
21-10 date of the submission of the application. If he determines that
21-11 the application is not complete, he shall notify the applicant of the
21-12 additional information required. The applicant shall be deemed to be
21-13 registered as of the date of the initial submission of the application if
21-14 the additional information is provided within 15 days after the
21-15 notice for the additional information is mailed. If the applicant has
21-16 not provided the additional information within 15 days after the
21-17 notice for the additional information is mailed, the incomplete
21-18 application is void. Any notification required by this subsection
21-19 must be given by mail at the mailing address on the application not
21-20 more than 7 working days after the determination is made
21-21 concerning whether the application is complete.
21-22 5. The county clerk shall use any form submitted to the
21-23 Department to correct information on a driver’s license or
21-24 identification card to correct information in the registrar of voters’
21-25 register, unless the person indicates on the form that the correction
21-26 is not to be used for the purposes of voter registration. The
21-27 Department shall forward each such form to the county clerk or, if
21-28 applicable, to the registrar of voters of the county in which the
21-29 person resides in the same manner provided by subsection 3 for
21-30 applications to register to vote.
21-31 6. Upon receipt of a form to correct information, the county
21-32 clerk shall compare the information to that contained in the registrar
21-33 of voters’ register. If the person is a registered voter, the county
21-34 clerk shall correct the information to reflect any changes indicated
21-35 on the form. After making any changes, the county clerk shall notify
21-36 the person by mail that his records have been corrected.
21-37 7. The Secretary of State shall, with the approval of the
21-38 Director, adopt regulations to:
21-39 (a) Establish any procedure necessary to provide an elector who
21-40 applies to register to vote pursuant to this section the opportunity to
21-41 do so;
21-42 (b) Prescribe the contents of any forms or applications which the
21-43 Department is required to distribute pursuant to this section; and
21-44 (c) Provide for the transfer of the completed applications of
21-45 registration from the Department to the appropriate county clerk for
22-1 inclusion in the election board registers and registrar of voters’
22-2 register.
22-3 Sec. 30. NRS 293.530 is hereby amended to read as follows:
22-4 293.530 1. County clerks may use any reliable and
22-5 reasonable means available to correct the [official registration lists]
22-6 portions of the statewide voter registration list which are relevant
22-7 to the county clerks and to determine whether a registered voter’s
22-8 current residence is other than that indicated on his application to
22-9 register to vote.
22-10 2. A county clerk may, with the consent of the board of county
22-11 commissioners, make investigations of registration in the county by
22-12 census, by house-to-house canvass or by any other method.
22-13 3. A county clerk shall cancel the registration of a voter
22-14 pursuant to this section if:
22-15 (a) He mails a written notice to the voter which the United
22-16 States Postal Service is required to forward;
22-17 (b) He mails a return postcard with the notice which has a place
22-18 for the voter to write his new address, is addressed to the county
22-19 clerk and has postage guaranteed;
22-20 (c) The voter does not respond; and
22-21 (d) The voter does not appear to vote in an election before the
22-22 polls have closed in the second general election following the date
22-23 of the notice.
22-24 4. For the purposes of this section, the date of the notice is
22-25 deemed to be 3 days after it is mailed.
22-26 5. The county clerk shall maintain records of:
22-27 (a) Any notice mailed pursuant to subsection 3;
22-28 (b) Any response to such notice; and
22-29 (c) Whether a person to whom a notice is mailed appears to vote
22-30 in an election,
22-31 for not less than 2 years after creation.
22-32 6. The county clerk shall use any postcards which are returned
22-33 to correct the [official registration lists.] portions of the statewide
22-34 voter registration list which are relevant to the county clerk.
22-35 7. If a voter fails to return the postcard mailed pursuant to
22-36 subsection 3 within 30 days, the county clerk shall designate the
22-37 voter as inactive on his application to register to vote.
22-38 8. The Secretary of State shall adopt regulations to prescribe
22-39 the method for maintaining a list of voters who have been
22-40 designated as inactive pursuant to subsection 7.
22-41 Sec. 31. NRS 293.5303 is hereby amended to read as follows:
22-42 293.5303 In addition to the methods described in NRS
22-43 293.530, the county clerk in each county may enter into an
22-44 agreement with the United States Postal Service or any person
22-45 authorized by it to obtain the data compiled by the United States
23-1 Postal Service concerning changes of addresses of its postal patrons
23-2 for use by the county clerk to correct the portions of the statewide
23-3 voter registration [lists.] list relevant to the county clerk.
23-4 Sec. 32. NRS 293.5307 is hereby amended to read as follows:
23-5 293.5307 If a county clerk enters into an agreement pursuant to
23-6 NRS 293.5303, he shall review each notice of a change of address
23-7 filed with the United States Postal Service by a resident of the
23-8 county and identify each resident who is a registered voter and has
23-9 moved to a new address. Before removing or correcting information
23-10 in the [official] statewide voter registration list, the county clerk
23-11 shall mail a notice to each such registered voter and follow the
23-12 procedures set forth in NRS 293.530.
23-13 Sec. 33. NRS 293.560 is hereby amended to read as follows:
23-14 293.560 1. Except as otherwise provided in NRS 293.502,
23-15 registration must close at 9 p.m. on the [fifth Saturday] third
23-16 Tuesday preceding any primary or general election and at 9 p.m. on
23-17 the third Saturday preceding any recall or special election, except
23-18 that if a recall or special election is held on the same day as a
23-19 primary or general election, registration must close at 9 p.m. on the
23-20 [fifth Saturday] third Tuesday preceding the day of the elections.
23-21 2. The [offices] office of the county clerk [and other ex officio
23-22 registrars] must be open from 9 a.m. to 5 p.m. and [the office of the
23-23 county clerk must also be open] from 7 p.m. to 9 p.m., including
23-24 Saturdays, during the last days before the close of registration,
23-25 according to the following schedule:
23-26 (a) In a county whose population is less than 100,000, [those
23-27 offices] the office of the county clerk must be open during the last 3
23-28 days before registration closes.
23-29 (b) In all other counties, [thoseoffices] the office of the county
23-30 clerk must be open during thelast 5 days before registration closes.
23-31 3. Except for a special election held pursuant to chapter 306 or
23-32 350 of NRS:
23-33 (a) The county clerk of each county shall cause a notice signed
23-34 by him to be published in a newspaper having a general circulation
23-35 in the county indicating the day that registration will be closed. If no
23-36 such newspaper is published in the county, the publication may be
23-37 made in a newspaper of general circulation published in the nearest
23-38 county in this state.
23-39 (b) The notice must be published once each week for 4
23-40 consecutive weeks next preceding the close of registration for any
23-41 election.
23-42 4. The offices of the county clerk and other ex officio registrars
23-43 may remain open on the last Friday in October in each even-
23-44 numbered year.
24-1 5. For the period beginning the fifth Saturday preceding any
24-2 primary or general election and ending the third Tuesday
24-3 preceding any primary or general election, an elector may register
24-4 to vote only by appearing in person at the office of the county
24-5 clerk.
24-6 Sec. 34. NRS 293B.063 is hereby amended to read as follows:
24-7 293B.063 [1. Except as otherwise provided in subsection 2,
24-8 no] No mechanical voting system may be used in this state unless it
24-9 meets or exceeds the standards for voting systems established by the
24-10 Federal Election Commission.
24-11 [2. A mechanical voting system that does not comply with the
24-12 standards established by the Federal Election Commission for
24-13 computers or software for computers may be used if it is
24-14 demonstrated to the Secretary of State that the system performs all
24-15 functions required by the Commission.]
24-16 Sec. 35. NRS 293B.065 is hereby amended to read as follows:
24-17 293B.065 A mechanical voting system must secure to the voter
24-18 [secrecy] privacy and independence in the act of voting.
24-19 Sec. 36. NRS 293B.084 is hereby amended to read as follows:
24-20 293B.084 A mechanical recording device which directly
24-21 records votes electronically must:
24-22 1. Bear a number which identifies that mechanical recording
24-23 device.
24-24 2. Be equipped with a storage device which:
24-25 (a) Stores the ballots voted on the mechanical recording device;
24-26 (b) Can be removed from the mechanical recording device for
24-27 the purpose of transporting the ballots stored therein to a central
24-28 counting place; and
24-29 (c) Bears the same number as the mechanical recording device.
24-30 3. Be designed in such a manner that voted ballots may be
24-31 stored within the mechanical recording device and the storage
24-32 device required pursuant to subsection 2 at the same time.
24-33 4. Provide a record printed on paper of:
24-34 (a) Each ballot voted on the mechanical recording device; and
24-35 (b) The total number of votes recorded on the mechanical
24-36 recording device for each candidate and for or against each measure.
24-37 5. The paper record described in subsection 4 must be made
24-38 available for a manual audit and must serve as an official record
24-39 for a recount.
24-40 Sec. 37. NRS 293C.265 is hereby amended to read as follows:
24-41 293C.265 1. Except as otherwise provided in subsection 2[,]
24-42 and in sections 9 and 10 of this act, a person who registered to vote
24-43 pursuant to the provisions of NRS 293.5235 [,] shall, for the first
24-44 city election in which he votes at which that registration is valid,
25-1 vote in person unless he has previously voted in the county in which
25-2 he is registered to vote.
25-3 2. The provisions of subsection 1 do not apply to a person who:
25-4 (a) Is entitled to vote in the manner prescribed in NRS 293C.342
25-5 to 293C.352, inclusive;
25-6 (b) Is entitled to vote an absent ballot pursuant to federal law or
25-7 NRS 293C.317 or 293C.318;
25-8 (c) Is disabled;
25-9 (d) Submits or has previously submitted a written request for an
25-10 absent ballot that is signed by the registered voter before a notary
25-11 public or other person authorized to administer an oath; or
25-12 (e) Requests an absent ballot in person at the office of the city
25-13 clerk.
25-14 Sec. 38. NRS 293C.281 is hereby amended to read as follows:
25-15 293C.281 1. Except as otherwise provided in subsection 2, at
25-16 all times during which a polling place is open, the polling place
25-17 must:
25-18 (a) Be accessible to a voter who is elderly or [disabled;] a voter
25-19 with a disability; and
25-20 (b) Have at least one voting booth that is:
25-21 (1) Designed to allow a voter in a wheelchair to vote;
25-22 (2) Designated for use by a voter who is elderly or [disabled;
25-23 and] a voter with a disability;
25-24 (3) Equipped to allow a voter who is elderly or [disabled] a
25-25 voter with a disability to vote with the same privacy as a voter who
25-26 is not elderly or [disabled.] as a voter without a disability; and
25-27 (4) Equipped with a mechanical recording device which
25-28 directly records the votes electronically and which may be used by
25-29 persons with disabilities.
25-30 2. A polling place that does not comply with the provisions of
25-31 subsection 1 may be used if necessary because of a natural disaster,
25-32 including, without limitation, an earthquake, flood, fire or storm.
25-33 3. At each polling place, the city clerk is encouraged to:
25-34 (a) Post in a conspicuous place, in at least 12-point type,
25-35 instructions for voting;
25-36 (b) Provide ballots in alternative audio and visual formats for
25-37 use by a voter who is elderly or [disabled;] a voter with a disability;
25-38 and
25-39 (c) Provide, in alternative audio and visual formats for use by a
25-40 voter who is elderly or [disabled,] a voter with a disability, all
25-41 materials that are:
25-42 (1) Related to the election; and
25-43 (2) Made available to a voter in printed form at the polling
25-44 place.
26-1 Sec. 39. NRS 293C.310 is hereby amended to read as follows:
26-2 293C.310 1. Except as otherwise provided in NRS 293.502
26-3 and 293C.265, a registered voter who provides sufficient written
26-4 notice to the city clerk may vote an absent ballot as provided in this
26-5 chapter.
26-6 2. A registered voter who:
26-7 (a) Is at least 65 years of age; or
26-8 (b) Has a physical disability or condition that substantially
26-9 impairs his ability to go to the polling place,
26-10 may request an absent ballot for all elections held during the year he
26-11 requests an absent ballot. The registered voter must include in his
26-12 request a description of his physical disability or condition.
26-13 3. As used in this section, “sufficient written notice” means a:
26-14 (a) Written request for an absent ballot that is signed by the
26-15 registered voter and returned to the city clerk in person or by mail or
26-16 facsimile machine;
26-17 (b) Form prescribed by the Secretary of State that is completed
26-18 and signed by the registered voter and returned to the city clerk in
26-19 person or by mail or facsimile machine; or
26-20 (c) Form provided by the Federal Government.
26-21 4. A city clerk shall consider a request from a voter who has
26-22 given sufficient written notice on a form provided by the Federal
26-23 Government as [a] :
26-24 (a) A request for the primary city election and the general city
26-25 election unless otherwise specified in the request[.] ; and
26-26 (b) A request for an absent ballot for the two primary and
26-27 general elections immediately following the date on which the city
26-28 clerk received the request.
26-29 5. It is unlawful for a person fraudulently to request an absent
26-30 ballot in the name of another person or to induce or coerce another
26-31 person fraudulently to request an absent ballot in the name of
26-32 another person. A person who violates any provision of this
26-33 subsection is guilty of a category E felony and shall be punished as
26-34 provided in NRS 193.130.
26-35 Sec. 40. NRS 293C.527 is hereby amended to read as follows:
26-36 293C.527 1. Except as otherwise provided in NRS 293.502,
26-37 registration must close at 9 p.m. on the [fifth Saturday] third
26-38 Tuesday preceding any primary city election or general city election
26-39 and at 9 p.m. on the third Saturday preceding any recall or special
26-40 election, except that if a recall or special election is held on the same
26-41 day as a primary city election or general city election, registration
26-42 must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding
26-43 the day of the elections.
26-44 2. The [offices] office of the city [and county clerk and other
26-45 ex officio registrars] clerk must be open from 9 a.m. to 5 p.m. and
27-1 [the offices of the city and county clerk must also be open] from 7
27-2 p.m. to 9 p.m., including Saturdays, during the last days before the
27-3 close of registration before a primary city election or general city
27-4 election, according to the following schedule:
27-5 (a) In a city whose population is less than 25,000, [thoseoffices]
27-6 the office of the city clerk must be open during the last 3 days
27-7 before registration closes.
27-8 (b) In a city whose population is 25,000 or more, [those offices]
27-9 the office of the city clerk must be open during the last 5 days
27-10 before registration closes.
27-11 3. Except for a special election held pursuant to chapter 306 or
27-12 350 of NRS:
27-13 (a) The city clerk of each city shall cause a notice signed by him
27-14 to be published in a newspaper having a general circulation in the
27-15 city indicating the day that registration will be closed. If no
27-16 newspaper is of general circulation in that city, the publication may
27-17 be made in a newspaper of general circulation in the nearest city in
27-18 this state.
27-19 (b) The notice must be published once each week for 4
27-20 consecutive weeks next preceding the close of registration for any
27-21 election.
27-22 4. For the period beginning the fifth Saturday preceding any
27-23 primary city election or general city election and ending the third
27-24 Tuesday preceding any primary city election or general city
27-25 election, an elector may register to vote only by appearing in
27-26 person at the office of the city clerk.
27-27 Sec. 41. NRS 293C.532 is hereby amended to read as follows:
27-28 293C.532 1. Each person who resides within the boundaries
27-29 of the city at the time of the holding of any city election, and whose
27-30 name appears upon the [official register of voters for] statewide
27-31 voter registration list as a registered voter of the city, is entitled to
27-32 vote at each special election, primary city election and general city
27-33 election, and for all officers to be voted for and on all questions
27-34 submitted to the people at those elections except as otherwise
27-35 provided in chapter 266 of NRS.
27-36 2. The governing body of a city may provide for a
27-37 supplemental registration.
27-38 Sec. 42. NRS 293C.535 is hereby amended to read as follows:
27-39 293C.535 1. Except as otherwise provided by special charter,
27-40 registration of electors in incorporated cities must be accomplished
27-41 in the manner provided in this chapter.
27-42 2. The county clerk shall use the statewide voter registration
27-43 list to prepare for the city clerk of each incorporated city within his
27-44 county the election board register of all electors eligible to vote at a
27-45 regular or special city election.
28-1 3. The official register must be prepared in suitable books, one
28-2 for each ward or other voting district within each incorporated city.
28-3 The entries in the election board register must be arranged
28-4 alphabetically with the surnames first.
28-5 4. The county clerk shall keep duplicate originals or copies of
28-6 the applications to register to vote contained in the official register
28-7 in his office.
28-8 Sec. 43. The provisions of NRS 354.599 do not apply to any
28-9 additional expenses of a local government that are related to the
28-10 provisions of this act.
28-11 Sec. 44. The provisions of chapter 333 of NRS do not apply to
28-12 a contract awarded before January 1, 2005, by the Secretary of State
28-13 to establish and maintain the statewide voter registration list created
28-14 pursuant to section 3 of this act.
28-15 Sec. 45. 1. This section and sections 43 and 44 of this act
28-16 become effective upon passage and approval.
28-17 2. Section 3 of this act becomes effective on passage and
28-18 approval for purposes of awarding contracts to establish and
28-19 maintain a statewide voter registration list pursuant to section 3 of
28-20 this act, and:
28-21 (a) If the State of Nevada obtains a waiver in the manner set
28-22 forth in 42 U.S.C. § 15483(d)(1)(B), on January 1, 2006, for all
28-23 other purposes; or
28-24 (b) If the State of Nevada does not obtain such a waiver, on
28-25 January 1, 2004, for all other purposes.
28-26 3. Section 10 of this act becomes effective on July 1, 2003.
28-27 4. Sections 1, 2, 4 to 9, inclusive, 11 to 19, inclusive, 21 to 37,
28-28 inclusive, and 39 to 42, inclusive, of this act become effective on
28-29 January 1, 2004.
28-30 5. Sections 20 and 38 of this act become effective on
28-31 January 1, 2006.
28-32 H