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.

 

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 elections for federal offices 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; requiring the county clerk to cancel the registration of a voter under certain circumstances; 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 certain contracts concerning voting systems throughout this state; 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 the provisions set forth as sections 2 to 15, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Statewide voter registration list” means the list of

1-5  registered voters established and maintained pursuant to section 3

1-6  of this act.

1-7  Sec. 3.  1.  The Secretary of State shall establish and

1-8  maintain an official statewide voter registration list, which may be

1-9  maintained on the Internet, in consultation with each county and

1-10  city clerk.

1-11      2.  The statewide voter registration list must:

1-12      (a) Be a uniform, centralized and interactive computerized list;

1-13      (b) Serve as the single method for storing and managing the

1-14  official list of registered voters in this state;

1-15      (c) Serve as the official list of registered voters for the conduct

1-16  of all elections in this state;

1-17      (d) Contain the name and registration information of every

1-18  legally registered voter in this state;

1-19      (e) Include a unique identifier assigned by the Secretary of

1-20  State to each legally registered voter in this state;

1-21      (f) Be coordinated with the appropriate databases of other

1-22  agencies in this state;

1-23      (g) Be electronically accessible to each state and local election

1-24  official in this state at all times;

1-25      (h) Allow for data to be shared with other states under certain

1-26  circumstances; and

1-27      (i) Be regularly maintained to ensure the integrity of the

1-28  registration process and the election process.

1-29      3.  Each county and city clerk shall:

1-30      (a) Electronically enter into the statewide voter registration list

1-31  all information related to voter registration obtained by the county

1-32  or city clerk at the time the information is provided to the county

1-33  or city clerk; and

1-34      (b) Provide the Secretary of State with information concerning

1-35  the voter registration of the county or city and other reasonable

1-36  information requested by the Secretary of State in the form

1-37  required by the Secretary of State to establish or maintain the

1-38  statewide voter registration list.

1-39      4.  In establishing and maintaining the statewide voter

1-40  registration list, the Secretary of State shall enter into a

1-41  cooperative agreement with the Department of Motor Vehicles to

1-42  match information in the database of the statewide voter

2-1  registration list with information in the appropriate database of

2-2  the Department of Motor Vehicles to verify the accuracy of the

2-3  information in an application to register to vote.

2-4  5.  The Department of Motor Vehicles shall enter into an

2-5  agreement with the Social Security Administration pursuant to 42

2-6  U.S.C. § 15483, to verify the accuracy of information in an

2-7  application to register to vote.

2-8  Sec. 4.  If a county or city uses paper ballots or punch cards

2-9  in an election, including, without limitation, for absent ballots and

2-10  ballots voted in a mailing precinct, the county or city clerk shall

2-11  provide a voter education program specific to the voting system

2-12  used by the county or city. The voter education program must

2-13  include, without limitation, information concerning the effect of

2-14  overvoting and the procedures for correcting a vote on a ballot

2-15  before it is cast and counted and for obtaining a replacement

2-16  ballot.

2-17      Sec. 5.  The Secretary of State and each county and city clerk

2-18  shall ensure that each voting system used in this state:

2-19      1.  Secures to each voter privacy and independence in the act

2-20  of voting, including, without limitation, confidentiality of the

2-21  ballot of the voter;

2-22      2.  Allows each voter to verify privately and independently the

2-23  votes selected by the voter on the ballot before the ballot is cast

2-24  and counted;

2-25      3.  Provides each voter with the opportunity, in a private and

2-26  independent manner, to change the ballot and to correct any error

2-27  before the ballot is cast and counted, including, without limitation,

2-28  the opportunity to correct an error through the issuance of a

2-29  replacement ballot if the voter is otherwise unable to change the

2-30  ballot or correct the error;

2-31      4.  Provides a permanent paper record with a manual audit

2-32  capacity which must be available as an official record for a

2-33  recount; and

2-34      5.  Meets or exceeds the standards for voting systems

2-35  established by the Federal Election Commission, including,

2-36  without limitation, the error rate standards.

2-37      Sec. 6.  1.  Each voting system used by a county or city shall

2-38  provide voting materials in English and other languages in

2-39  compliance with the provisions of 42 U.S.C. § 1973aa-1a.

2-40      2.  As used in this section, the term “voting materials” has the

2-41  meaning ascribed to it in 42 U.S.C. § 1973aa-1a.

2-42      Sec. 7.  A person at a polling place may cast a provisional

2-43  ballot in an election to vote for a candidate for federal office if the

2-44  person complies with the applicable provisions of section 8 of this

2-45  act and:

3-1  1.  Declares that he has registered to vote and is eligible to

3-2  vote at that election in that jurisdiction, but his name does not

3-3  appear on a voter registration list as a voter eligible to vote in that

3-4  election in that jurisdiction or an election official asserts that the

3-5  person is not eligible to vote in that election in that jurisdiction;

3-6  2.  Applies by mail, on or after January 1, 2003, to register to

3-7  vote and has not previously voted in an election for federal office

3-8  in this state and fails to provide the identification required

3-9  pursuant to paragraph (a) of subsection 1 of section 10 of this act

3-10  to the election board officer at the polling place; or

3-11      3.  Declares that he is entitled to vote after the polling place

3-12  would normally close as a result of a court order or other order

3-13  extending the time established for the closing of polls pursuant to

3-14  a law of this state in effect 10 days before the date of the election.

3-15      Sec. 8.  1.  Before a person may cast a provisional ballot

3-16  pursuant to section 7 of this act, the person must complete a

3-17  written affirmation on a form provided by an election board

3-18  officer, as prescribed by the Secretary of State, at the polling place

3-19  which includes:

3-20      (a) The name of the person casting the provisional ballot;

3-21      (b) The reason for casting the provisional ballot;

3-22      (c) A statement in which the person casting the provisional

3-23  ballot affirms under penalty of perjury that he is a registered voter

3-24  in the jurisdiction and is eligible to vote in the election;

3-25      (d) The date and type of election;

3-26      (e) The signature of the person casting the provisional ballot;

3-27      (f) The signature of the election board officer;

3-28      (g) A unique affirmation identification number assigned to the

3-29  person casting the provisional ballot;

3-30      (h) If the person is casting the provisional ballot pursuant to

3-31  subsection 1 of section 7 of this act:

3-32          (1) An indication by the person as to whether or not he

3-33  provided the required identification at the time he applied to

3-34  register to vote;

3-35          (2) The address of the person as listed on his application to

3-36  register to vote;

3-37          (3) Information concerning the place, manner and

3-38  approximate date on which the person applied to register to vote;

3-39          (4) Any other information that the person believes may be

3-40  useful in verifying that the person has registered to vote; and

3-41          (5) A statement informing the voter that if the voter does

3-42  not provide identification at the time the voter casts the provisional

3-43  ballot, the required identification must be provided to the county

3-44  or city clerk not later than 5 p.m. on the Friday following election

4-1  day and that failure to do so will result in the provisional ballot

4-2  not being counted;

4-3  (i) If the person is casting the provisional ballot pursuant to

4-4  subsection 2 of section 7 of this act:

4-5       (1) The address of the person as listed on his application to

4-6  register to vote;

4-7       (2) The voter registration number, if any, issued to the

4-8  person; and

4-9       (3) A statement informing the voter that the required

4-10  identification must be provided to the county or city clerk not later

4-11  than 5 p.m. on the Friday following election day and that failure

4-12  to do so will result in the provisional ballot not being counted; and

4-13      (j) If the person is casting the provisional ballot pursuant to

4-14  subsection 3 of section 7 of this act, the voter registration number,

4-15  if any, issued to the person.

4-16      2.  After a person completes a written affirmation pursuant to

4-17  subsection 1:

4-18      (a) The election board officer shall provide the person with a

4-19  receipt that includes the unique affirmation identification number

4-20  described in subsection 1 and that explains how the person may

4-21  use the free access system established pursuant to section 13 of

4-22  this act to ascertain whether his vote was counted, and, if his vote

4-23  was not counted, the reason why the vote was not counted;

4-24      (b) The voter’s name and applicable information must be

4-25  entered into the roster in a manner which indicates that the voter

4-26  cast a provisional ballot; and

4-27      (c) The election board officer shall issue a provisional ballot to

4-28  the person to vote only for candidates for federal offices.

4-29      Sec. 9.  A person may cast a ballot by mail to vote for a

4-30  candidate for federal office, which must be treated as a provisional

4-31  ballot by the county or city clerk if the person:

4-32      1.  Applies by mail to register to vote and has not previously

4-33  voted in an election for federal office in this state;

4-34      2.  Fails to provide the identification required pursuant to

4-35  paragraph (b) of subsection 1 of section 10 of this act to the

4-36  county or city clerk at the time that he mails his ballot; and

4-37      3.  Completes the written affirmation set forth in subsection 1

4-38  of section 8 of this act.

4-39      Sec. 10.  1.  Except as otherwise provided in subsection 2, in

4-40  sections 7 and 9 of this act and in federal law, a person who

4-41  registers by mail to vote in this state and who has not previously

4-42  voted in an election for federal office in this state:

4-43      (a) May vote at a polling place only if the person presents to

4-44  the election board officer at the polling place:

5-1       (1) A current and valid photo identification of the person;

5-2  or

5-3       (2) A copy of a current utility bill, bank statement,

5-4  paycheck, or document issued by a governmental entity, including,

5-5  without limitation, a check, which indicates the name and address

5-6  of the person; and

5-7  (b) May vote by mail only if the person provides to the county

5-8  or city clerk:

5-9       (1) A copy of a current and valid photo identification of the

5-10  person; or

5-11          (2) A copy of a current utility bill, bank statement,

5-12  paycheck, or document issued by a governmental entity, including,

5-13  without limitation, a check, which indicates the name and address

5-14  of the person.

5-15      2.  The provisions of this section do not apply to a person

5-16  who:

5-17      (a) Registers to vote by mail and submits with his application

5-18  to register to vote:

5-19          (1) A copy of a current and valid photo identification; or

5-20          (2) A copy of a current utility bill, bank statement,

5-21  paycheck, or document issued by a governmental entity, including,

5-22  without limitation, a check, which indicates the name and address

5-23  of the person;

5-24      (b) Registers to vote by mail and submits with his application

5-25  to register to vote a driver’s license number or at least the last four

5-26  digits of his social security number, if a state or local election

5-27  official has matched that information with an existing

5-28  identification record bearing the same number, name and date of

5-29  birth as provided by the person in his application;

5-30      (c) Is entitled to vote an absent ballot pursuant to the

5-31  Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.

5-32  §§ 1973ff et seq.;

5-33      (d) Is provided the right to vote otherwise than in person under

5-34  the Voting Accessibility for the Elderly and Handicapped Act,

5-35  42 U.S.C. §§ 1973ee et seq.; or

5-36      (e) Is entitled to vote otherwise than in person under any other

5-37  federal law.

5-38      Sec. 11.  Each county and city clerk shall establish

5-39  procedures to:

5-40      1.  Keep each provisional ballot cast pursuant to section 7 or 9

5-41  of this act separate from other ballots until it has been determined

5-42  whether or not the voter was registered and eligible to vote in the

5-43  election in that jurisdiction;

6-1  2.  Keep each provisional ballot cast pursuant to subsection 3

6-2  of section 7 of this act separate from all other provisional ballots;

6-3  and

6-4  3.  Inform a person whose name does not appear on a voter

6-5  registration list as an eligible voter for a polling place or who an

6-6  election official asserts is not eligible to vote at the polling place of

6-7  the ability of the person to cast a provisional ballot.

6-8  Sec. 12.  1.  Following each election, a canvass of the

6-9  provisional ballots cast in the election must be conducted pursuant

6-10  to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.

6-11      2.  The county and city clerk shall not:

6-12      (a) Include any provisional ballot in the unofficial results

6-13  reported on election night; or

6-14      (b) Open any envelope containing a provisional ballot before

6-15  8 a.m. on the Wednesday following election day.

6-16      3.  Except as otherwise provided in subsection 4, a provisional

6-17  ballot must be counted if:

6-18      (a) The county or city clerk determines that the person who

6-19  cast the provisional ballot was registered to vote in the election,

6-20  eligible to vote in the election and issued the appropriate ballot for

6-21  the address at which he resides;

6-22      (b) A voter who failed to provide required identification at the

6-23  polling place or with his mailed ballot provides the required

6-24  identification to the county or city clerk not later than 5 p.m. on

6-25  the Friday following election day; or

6-26      (c) A court order has not been issued by 5 p.m. on the Friday

6-27  following election day directing that provisional ballots cast

6-28  pursuant subsection 3 of section 7 of this act not be counted, and

6-29  the provisional ballot was cast pursuant to subsection 3 of section

6-30  7 of this act.

6-31      4.  A provisional ballot must not be counted if the county or

6-32  city clerk determines that the person who cast the provisional

6-33  ballot cast the wrong ballot for the address at which he resides.

6-34      Sec. 13.  1.  The Secretary of State shall establish a free

6-35  access system such as a toll-free telephone number or an Internet

6-36  website to inform a person who cast a provisional ballot whether

6-37  his vote was counted and, if his vote was not counted, the reason

6-38  why the vote was not counted.

6-39      2.  The free access system must ensure secrecy of the ballot

6-40  while protecting the confidentiality and integrity of personal

6-41  information contained therein.

6-42      3.  Access to information concerning a provisional ballot must

6-43  be restricted to the person who cast the provisional ballot.

7-1  Sec. 14.  The Secretary of State and each county and city

7-2  clerk shall ensure that a copy of each of the following is posted in

7-3  a conspicuous place at each polling place on election day:

7-4  1.  A sample ballot;

7-5  2.  Information concerning the date and hours of operation of

7-6  the polling place;

7-7  3.  Instructions for voting and casting a ballot, including a

7-8  provisional ballot;

7-9  4.  Instructions concerning the identification required for

7-10  persons who registered by mail and are first-time voters for federal

7-11  office in this state;

7-12      5.  Information concerning the accessibility of polling places

7-13  to persons with disabilities; and

7-14      6.  General information concerning federal and state laws

7-15  which prohibit acts of fraud and misrepresentation.

7-16      Sec. 15.  1.  The Secretary of State shall:

7-17      (a) Provide information regarding voter registration and

7-18  absentee voting by Armed Forces personnel and overseas voters;

7-19      (b) Within 90 days after the date of each general election and

7-20  general city election in which electors voted for federal offices,

7-21  submit to the Election Assistance Commission established

7-22  pursuant to 42 U.S.C. § 15321 a report of the combined number of

7-23  absentee ballots transmitted to absent Armed Forces personnel

7-24  and overseas voters for the election and the combined number of

7-25  such ballots that were returned by such voters and cast in the

7-26  election;

7-27      (c) Make each report submitted pursuant to paragraph (b)

7-28  available to the public; and

7-29      (d) Adopt any regulations which are necessary to comply with

7-30  the provisions of the Help America Vote Act of 2002, Public Law

7-31  107-252, and which are not inconsistent with the provisions of this

7-32  chapter to the extent the provisions of this chapter are consistent

7-33  with the Help American Vote Act of 2002, Public Law 107-252.

7-34      2.  Each county and city clerk shall provide such information

7-35  as is requested by the Secretary of State to comply with the

7-36  provisions of this section.

7-37      Sec. 15.5.  1.  The county clerk shall cancel the registration

7-38  of a voter, if:

7-39      (a) After consultation with the district attorney, the district

7-40  attorney determines that there is probable cause to believe that

7-41  information in the registration concerning the identity or

7-42  residence of the voter is fraudulent;

7-43      (b) The county clerk provides a notice as required pursuant to

7-44  subsection 2 or executes an affidavit of cancellation pursuant to

7-45  subsection 3; and

8-1  (c) The voter fails to present satisfactory proof of his identity

8-2  and residence pursuant to subsection 2, 4 or 5.

8-3  2.  Except as otherwise provided in subsection 3, the county

8-4  clerk shall notify the voter by registered or certified mail, return

8-5  receipt requested, of a determination made pursuant to subsection

8-6  1. The notice must set forth the grounds for cancellation. Unless

8-7  the voter, within 15 days after the return receipt has been filed in

8-8  the office of the county clerk, presents satisfactory proof of his

8-9  identity and residence to the county clerk, the county clerk shall

8-10  cancel his registration.

8-11      3.  If insufficient time exists before a pending election to

8-12  provide the notice required by subsection 2, the county clerk shall

8-13  execute an affidavit of cancellation and file the affidavit of

8-14  cancellation with the registrar of voters’ register and:

8-15      (a) In counties where records of registration are not kept by

8-16  computer, the county clerk shall attach a copy of the affidavit of

8-17  cancellation in the election board register.

8-18      (b) In counties where records of registration are kept by

8-19  computer, the county clerk shall have the affidavit of cancellation

8-20  printed on the computer entry for the registration and add a copy

8-21  of it to the election board register.

8-22      4.  If a voter appears to vote at the election next following the

8-23  date that an affidavit of cancellation was executed for the voter

8-24  pursuant to this section, the voter must be allowed to vote only if

8-25  he furnishes:

8-26      (a) Official identification which contains a photograph of

8-27  himself, including, without limitation, a driver’s license or other

8-28  official document; and

8-29      (b) Satisfactory identification that contains proof of the

8-30  address at which he actually resides and that address is consistent

8-31  with the address listed on the election board register.

8-32      5.  If a determination is made pursuant to subsection 1

8-33  concerning information in the registration to vote of a voter and

8-34  an absent ballot or a ballot voted by a voter who resides in a

8-35  mailing precinct is received from the voter, the ballot must be kept

8-36  separate from other ballots and must not be counted unless the

8-37  voter presents satisfactory proof to the county clerk of his identity

8-38  and residence before such ballots are counted on election day.

8-39      Sec. 16.  NRS 293.010 is hereby amended to read as follows:

8-40      293.010  As used in this title, unless the context otherwise

8-41  requires, the words and terms defined in NRS 293.013 to 293.121,

8-42  inclusive, and section 2 of this act have the meanings ascribed to

8-43  them in those sections.

 

 

9-1  Sec. 17.  NRS 293.1279 is hereby amended to read as follows:

9-2  293.1279  1.  If the statistical sampling shows that the number

9-3  of valid signatures filed is 90 percent or more, but less than the sum

9-4  of 100 percent of the number of signatures of registered voters

9-5  needed to declare the petition sufficient plus the total number of

9-6  requests to remove a name received by the county clerks pursuant to

9-7  NRS 295.055 or 306.015, the Secretary of State shall order the

9-8  county clerks to examine the signatures for verification. The county

9-9  clerks shall examine the signatures for verification until they

9-10  determine that 100 percent of the number of signatures of registered

9-11  voters needed to declare the petition sufficient are valid. If the

9-12  county clerks received a request to remove a name pursuant to NRS

9-13  295.055 or 306.015, the county clerks may not determine that 100

9-14  percent of the number of signatures of registered voters needed to

9-15  declare the petition sufficient are valid until they have removed each

9-16  name as requested pursuant to NRS 295.055 or 306.015.

9-17      2.  If the statistical sampling shows that the number of valid

9-18  signatures filed in any county is 90 percent or more but less than the

9-19  sum of 100 percent of the number of signatures of registered voters

9-20  needed to constitute 10 percent of the number of voters who voted at

9-21  the last preceding general election in that county plus the total

9-22  number of requests to remove a name received by the county clerk

9-23  in that county pursuant to NRS 295.055 or 306.015, the Secretary of

9-24  State may order the county clerk in that county to examine every

9-25  signature for verification. If the county clerk received a request to

9-26  remove a name pursuant to NRS 295.055 or 306.015, the county

9-27  clerk may not determine that 100 percent or more of the number of

9-28  signatures of registered voters needed to constitute 10 percent of the

9-29  number of voters who voted at the last preceding general election in

9-30  that county are valid until he has removed each name as requested

9-31  pursuant to NRS 295.055 or 306.015.

9-32      3.  Within 12 days, excluding Saturdays, Sundays and holidays,

9-33  after receipt of such an order, the county clerk shall determine from

9-34  the records of registration what number of registered voters have

9-35  signed the petition. If necessary, the board of county commissioners

9-36  shall allow the county clerk additional assistants for examining the

9-37  signatures and provide for their compensation. In determining from

9-38  the records of registration what number of registered voters have

9-39  signed the petition, the county clerk [mayuseanyfileor list of

9-40  registered voters maintained by his office or facsimiles of voters’

9-41  signatures.] must use the statewide voter registration list. The

9-42  county clerk may rely on the appearance of the signature and the

9-43  address and date included with each signature in determining

9-44  the number of registered voters that signed the petition.

10-1      4.  Except as otherwise provided in subsection 5, upon

10-2  completing the examination, the county clerk shall immediately

10-3  attach to the documents of the petition an amended certificate ,

10-4  properly dated, showing the result of the examination and shall

10-5  immediately forward the documents with the amended certificate to

10-6  the Secretary of State. A copy of the amended certificate must be

10-7  filed in the county clerk’s office.

10-8      5.  For any petition containing signatures which are required to

10-9  be verified pursuant to the provisions of NRS 293.165, 293.200,

10-10  306.035 or 306.110 for any county, district or municipal office

10-11  within one county, the county clerk shall not forward to the

10-12  Secretary of State the documents containing the signatures of the

10-13  registered voters.

10-14     6.  Except for a petition to recall a county, district or municipal

10-15  officer, the petition shall be deemed filed with the Secretary of State

10-16  as of the date on which he receives certificates from the county

10-17  clerks showing the petition to be signed by the requisite number of

10-18  voters of the State.

10-19     7.  If the amended certificates received from all county clerks

10-20  by the Secretary of State establish that the petition is still

10-21  insufficient, he shall immediately so notify the petitioners and the

10-22  county clerks. If the petition is a petition to recall a county, district

10-23  or municipal officer, the Secretary of State shall also notify the

10-24  officer with whom the petition is to be filed.

10-25     Sec. 18.  NRS 293.272 is hereby amended to read as follows:

10-26     293.272  1.  Except as otherwise provided in subsection 2[,]

10-27  and in sections 9 and 10 of this act, a person who registered to vote

10-28  pursuant to the provisions of NRS 293.5235 [,] shall, for the first

10-29  election in which he votes at which that registration is valid, vote in

10-30  person unless he has previously voted in the county in which he is

10-31  registered to vote.

10-32     2.  The provisions of subsection 1 do not apply to a person who:

10-33     (a) Is entitled to vote in the manner prescribed in NRS 293.343

10-34  to 293.355, inclusive;

10-35     (b) Is entitled to vote an absent ballot pursuant to federal law or

10-36  NRS 293.316 or 293.3165;

10-37     (c) Is disabled;

10-38     (d) Submits or has previously submitted a written request for an

10-39  absent ballot that is signed by the registered voter before a notary

10-40  public or other person authorized to administer an oath; or

10-41     (e) Requests an absent ballot in person at the office of the

10-42  county clerk.

10-43     Sec. 19.  NRS 293.277 is hereby amended to read as follows:

10-44     293.277  1.  [If] Except as otherwise provided in section 15.5

10-45  of this act, if a person’s name appears in the election board register

11-1  or if he provides an affirmation pursuant to NRS 293.525, he is

11-2  entitled to vote and must sign his name in the election board register

11-3  when he applies to vote. His signature must be compared by an

11-4  election board officer with the signature or a facsimile thereof on his

11-5  original application to register to vote or one of the forms of

11-6  identification listed in subsection 2.

11-7      2.  [The] Except as otherwise provided in section 10 of this

11-8  act, the forms of identification which may be used individually to

11-9  identify a voter at the polling place are:

11-10     (a) The card issued to the voter at the time he registered to vote;

11-11     (b) A driver’s license;

11-12     (c) An identification card issued by the Department of Motor

11-13  Vehicles;

11-14     (d) A military identification card; or

11-15     (e) Any other form of identification issued by a governmental

11-16  agency which contains the voter’s signature and physical description

11-17  or picture.

11-18     Sec. 20.  NRS 293.2955 is hereby amended to read as follows:

11-19     293.2955  1.  Except as otherwise provided in subsection 2, at

11-20  all times during which a polling place is open, the polling place

11-21  must:

11-22     (a) Be accessible to a voter who is elderly or [disabled;] a voter

11-23  with a disability; and

11-24     (b) Have at least one voting booth that is:

11-25         (1) Designed to allow a voter in a wheelchair to vote;

11-26         (2) Designated for use by a voter who is elderly or [disabled;

11-27  and] a voter with a disability;

11-28         (3) Equipped to allow a voter who is elderly or [disabled] a

11-29  voter with a disability to vote with the same privacy as a voter who

11-30  is not elderly or [disabled.] as a voter without a disability; and

11-31         (4) Equipped with a mechanical recording device which

11-32  directly records the votes electronically and which may be used by

11-33  a voter with a disability.

11-34     2.  A polling place that does not comply with the provisions of

11-35  subsection 1 may be used if necessary because of a natural disaster,

11-36  including, without limitation, an earthquake, flood, fire or storm.

11-37     3.  At each polling place, the county clerk is encouraged to:

11-38     (a) Post in a conspicuous place, in at least 12-point type,

11-39  instructions for voting;

11-40     (b) Provide ballots in alternative audio and visual formats for

11-41  use by a voter who is elderly or [disabled;] a voter with a disability;

11-42  and

11-43     (c) Provide, in alternative audio and visual formats for use by a

11-44  voter who is elderly or [disabled,] a voter with a disability, all

11-45  materials that are:

12-1          (1) Related to the election; and

12-2          (2) Made available to a voter in printed form at the polling

12-3  place.

12-4      Sec. 21.  NRS 293.313 is hereby amended to read as follows:

12-5      293.313  1.  Except as otherwise provided in NRS 293.272

12-6  and 293.502, a registered voter who provides sufficient written

12-7  notice to the county clerk may vote an absent ballot as provided in

12-8  this chapter.

12-9      2.  A registered voter who:

12-10     (a) Is at least 65 years of age; or

12-11     (b) Has a physical disability or condition which substantially

12-12  impairs his ability to go to the polling place,

12-13  may request an absent ballot for all elections held during the year he

12-14  requests an absent ballot. The registered voter must include in his

12-15  request a description of his physical disability or condition.

12-16     3.  As used in this section, “sufficient written notice” means a:

12-17     (a) Written request for an absent ballot which is signed by the

12-18  registered voter and returned to the county clerk in person or by

12-19  mail or facsimile machine;

12-20     (b) Form prescribed by the Secretary of State which is

12-21  completed and signed by the registered voter and returned to the

12-22  county clerk in person or by mail or facsimile machine; or

12-23     (c) Form provided by the Federal Government.

12-24     4.  A county clerk shall consider a request from a voter who has

12-25  given sufficient written notice on a form provided by the Federal

12-26  Government as a request for [both] an absent ballot for the two

12-27  primary and general elections [unless otherwise specified in]

12-28  immediately following the date on which the county clerk received

12-29  the request.

12-30     5.  It is unlawful for a person fraudulently to request an absent

12-31  ballot in the name of another person or to induce or coerce another

12-32  person fraudulently to request an absent ballot in the name of

12-33  another person. A person who violates this subsection is guilty of a

12-34  category E felony and shall be punished as provided in

12-35  NRS 193.130.

12-36     Sec. 22.  NRS 293.320 is hereby amended to read as follows:

12-37     293.320  1.  The county clerk shall determine before issuing

12-38  an absent ballot that the person making application is a registered

12-39  voter in the proper county.

12-40     2.  Armed Forces personnel who are not registered to vote and

12-41  are applying for absent ballots must complete:

12-42     (a) The application to register to vote required by NRS 293.517

12-43  for registration; or

12-44     (b) The form provided by the Federal Government for

12-45  registration and request of an absent ballot,

13-1  before receiving an absent ballot.

13-2      3.  If the county clerk rejects an application submitted

13-3  pursuant to subsection 2 or submitted by an overseas voter, the

13-4  county clerk shall inform the applicant of the reason for the

13-5  rejection.

13-6      Sec. 23. NRS 293.504 is hereby amended to read as follows:

13-7      293.504  1.  The following offices shall serve as voter

13-8  registration agencies:

13-9      (a) Such offices that provide public assistance as are designated

13-10  by the Secretary of State;

13-11     (b) Each office that receives money from the State of Nevada to

13-12  provide services to persons in this state who are disabled;

13-13     (c) The offices of the Department of Motor Vehicles;

13-14     (d) The offices of the city and county clerks; and

13-15     (e) Such other offices as the Secretary of State deems

13-16  appropriate.

13-17     2.  Each voter registration agency shall:

13-18     (a) Post in a conspicuous place, in at least 12-point type,

13-19  instructions for registering to vote;

13-20     (b) Make applications to register to vote which may be returned

13-21  by mail available to each person who applies for or receives services

13-22  or assistance from the agency;

13-23     (c) Provide the same amount of assistance to an applicant in

13-24  completing an application to register to vote as the agency provides

13-25  to a person completing any other forms for the agency; and

13-26     (d) Accept completed applications to register to vote.

13-27     3.  Except as otherwise provided in this subsection and NRS

13-28  293.524, any application to register to vote accepted by a voter

13-29  registration agency must be transmitted to the county clerk not later

13-30  than 10 days after the application is accepted. [During] The

13-31  applications must be forwarded daily during the 2 weeks

13-32  immediately preceding the [close of registrationforanelection, the

13-33  applications must be forwarded daily.] fifth Sunday preceding an

13-34  election. The county clerk shall accept any application to register to

13-35  vote which is obtained from a voter registration agency pursuant

13-36  to this section and completed by the [last day to register] fifth

13-37  Sunday preceding an election if he receives the application not later

13-38  than 5 days after [the close of registration.] that date.

13-39     4.  The Secretary of State shall cooperate with the Secretary of

13-40  Defense to develop and carry out procedures to enable persons in

13-41  this state to apply to register to vote at recruitment offices of the

13-42  United States Armed Forces.

 

 

 

14-1      Sec. 24.  NRS 293.505 is hereby amended to read as follows:

14-2      293.505  1.  All justices of the peace, except those located in

14-3  county seats, are ex officio field registrars to carry out the

14-4  provisions of this chapter.

14-5      2.  The county clerk shall appoint at least one registered voter to

14-6  serve as a field registrar of voters who, except as otherwise provided

14-7  in NRS 293.5055, shall register voters within the county for which

14-8  he is appointed. Except as otherwise provided in subsection 1, a

14-9  candidate for any office may not be appointed or serve as a field

14-10  registrar. A field registrar serves at the pleasure of the county clerk

14-11  and shall perform his duties as the county clerk may direct.

14-12     3.  A field registrar shall demand of any person who applies for

14-13  registration all information required by the application to register to

14-14  vote and shall administer all oaths required by this chapter.

14-15     4.  When a field registrar has in his possession five or more

14-16  completed applications to register to vote he shall forward them to

14-17  the county clerk, but in no case may he hold any number of them for

14-18  more than 10 days.

14-19     5.  [Immediately] Each field registrar shall forward to the

14-20  county clerk all completed applications in his possession

14-21  immediately after the [close of registration, each field registrar shall

14-22  forward to the county clerk all completed applications in his

14-23  possession.] fifth Sunday preceding an election. Within 5 days

14-24  after the [close of registration for a] fifth Sunday preceding any

14-25  general election or general city election, a field registrar shall return

14-26  all unused applications in his possession to the county clerk. If all of

14-27  the unused applications are not returned to the county clerk, the field

14-28  registrar shall account for the unreturned applications.

14-29     6.  Each field registrar shall submit to the county clerk a list of

14-30  the serial numbers of the completed applications to register to vote

14-31  and the names of the electors on those applications. The serial

14-32  numbers must be listed in numerical order.

14-33     7.  Each field registrar shall post notices sent to him by the

14-34  county clerk for posting in accordance with the election laws of this

14-35  state.

14-36     8.  A field registrar, employee of a voter registration agency or

14-37  person assisting a voter pursuant to subsection [10] 12 of NRS

14-38  293.5235 shall not:

14-39     (a) Delegate any of his duties to another person; or

14-40     (b) Refuse to register a person on account of that person’s

14-41  political party affiliation.

14-42     9.  A person shall not hold himself out to be or attempt to

14-43  exercise the duties of a field registrar unless he has been so

14-44  appointed.

15-1      10.  A county clerk, field registrar, employee of a voter

15-2  registration agency or person assisting a voter pursuant to subsection

15-3  [10] 12 of NRS 293.5235 shall not:

15-4      (a) Solicit a vote for or against a particular question or

15-5  candidate;

15-6      (b) Speak to a voter on the subject of marking his ballot for or

15-7  against a particular question or candidate; or

15-8      (c) Distribute any petition or other material concerning a

15-9  candidate or question which will be on the ballot for the ensuing

15-10  election,

15-11  while he is registering an elector.

15-12     11.  When the county clerk receives applications to register to

15-13  vote from a field registrar , he shall issue a receipt to the field

15-14  registrar. The receipt must include:

15-15     (a) The number of persons registered; and

15-16     (b) The political party of the persons registered.

15-17     12.  A county clerk, field registrar, employee of a voter

15-18  registration agency or person assisting a voter pursuant to subsection

15-19  [10] 12 of NRS 293.5235 shall not:

15-20     (a) Knowingly register a person who is not a qualified elector or

15-21  a person who has filed a false or misleading application to register

15-22  to vote;

15-23     (b) Alter or deface an application to register to vote that has

15-24  been signed by an elector except to correct information contained in

15-25  the application after receiving notice from the elector that a change

15-26  in or addition to the information is required; or

15-27     (c) Register a person who fails to provide satisfactory proof of

15-28  identification and the address at which he actually resides.

15-29     13.  If a field registrar violates any of the provisions of this

15-30  section, the county clerk shall immediately suspend the field

15-31  registrar and notify the district attorney of the county in which the

15-32  violation occurred.

15-33     14.  A person who violates any of the provisions of subsection

15-34  8, 9, 10 or 12 is guilty of a category E felony and shall be punished

15-35  as provided in NRS 193.130.

15-36     Sec. 25.  NRS 293.507 is hereby amended to read as follows:

15-37     293.507  1.  The Secretary of State shall prescribe:

15-38     (a) A standard form for applications to register to vote; and

15-39     (b) A special form for registration to be used in a county where

15-40  registrations are performed and records of registration are kept by

15-41  computer.

15-42     2.  The county clerks shall provide forms for applications to

15-43  register to vote to field registrars in the form and number prescribed

15-44  by the Secretary of State.

16-1      3.  A form for an application to register to vote must include a

16-2  duplicate copy or receipt to be retained by the applicant upon

16-3  completion of the form.

16-4      4.  The form for an application to register to vote must include:

16-5      (a) A line for use by the county clerk to enter [the number:

16-6          (1) Indicated on the voter’s social security card,] :

16-7          (1) The number indicated on the voter’s current and valid

16-8  driver’s license [or identification card] issued by the Department of

16-9  Motor Vehicles, [or any other identification card issued by an

16-10  agency of this state or the Federal Government that contains:

16-11             (I) An identifying number; and

16-12             (II) A photograph or physical description of the voter; or

16-13         (2) Issued] if the voter has such a driver’s license;

16-14         (2) The last four digits of the voter’s social security

16-15  number, if the voter does not have a driver’s license issued by the

16-16  Department of Motor Vehicles and does have a social security

16-17  number; or

16-18         (3) The number issued to the voter pursuant to subsection 5

16-19  [.] , if the voter does not have a current and valid driver’s license

16-20  issued by the Department of Motor Vehicles or a social security

16-21  number.

16-22     (b) A line on which to enter the address at which the voter

16-23  actually resides, as set forth in NRS 293.486.

16-24     (c) A notice that the voter may not list a business as the address

16-25  required pursuant to paragraph (b) unless he actually resides there.

16-26     (d) A line on which to enter an address at which the voter may

16-27  receive mail, including, without limitation, a post office box or

16-28  general delivery.

16-29     5.  If a voter does not[:

16-30     (a) Possess any of] have the identification set forth in

16-31  subparagraph (1) or (2) of paragraph (a) of subsection 4 , [; or

16-32     (b) Wish to provide to the county clerk the number indicated on

16-33  that identification,] the voter shall sign an affidavit stating that he

16-34  does not have a current and valid driver’s license issued by the

16-35  Department of Motor Vehicles or a social security number. Upon

16-36  receipt of the affidavit, the county clerk shall issue an identification

16-37  number to the voter[.] which must be the same number as the

16-38  unique identifier assigned to the voter for purposes of the

16-39  statewide voter registration list.

16-40     6.  The Secretary of State shall adopt regulations to carry out

16-41  the provisions of subsections 4 and 5.

16-42     Sec. 26.  NRS 293.517 is hereby amended to read as follows:

16-43     293.517  1.  Any elector residing within the county may

16-44  register:

17-1      (a) [By] Except as otherwise provided in NRS 293.560 and

17-2  293C.527, by appearing before the county clerk, a field registrar or a

17-3  voter registration agency, completing the application to register to

17-4  vote , [and] giving true and satisfactory answers to all questions

17-5  relevant to his identity and right to vote[;] , and providing proof of

17-6  his residence and identity;

17-7      (b) By completing and mailing or personally delivering to the

17-8  county clerk an application to register to vote pursuant to the

17-9  provisions of NRS 293.5235;

17-10     (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

17-11     (d) At his residence with the assistance of a field registrar

17-12  pursuant to NRS 293.5237.

17-13  The county clerk shall require a person to submit official

17-14  identification as proof of residence and identity, such as a driver’s

17-15  license or other official document, before registering him. If the

17-16  applicant registers to vote pursuant to this subsection and fails to

17-17  provide proof of his residence and identity, the applicant must

17-18  provide proof of his residence and identity before casting a ballot

17-19  in person or by mail or after casting a provisional ballot pursuant

17-20  to section 7 or 9 of this act.

17-21     2.  The application to register to vote must be signed and

17-22  verified under penalty of perjury by the elector registering.

17-23     3.  Each elector who is or has been married must be registered

17-24  under his own given or first name, and not under the given or first

17-25  name or initials of his spouse.

17-26     4.  An elector who is registered and changes his name must

17-27  complete a new application to register to vote. He may obtain a new

17-28  application:

17-29     (a) At the office of the county clerk or field registrar;

17-30     (b) By submitting an application to register to vote pursuant to

17-31  the provisions of NRS 293.5235;

17-32     (c) By submitting a written statement to the county clerk

17-33  requesting the county clerk to mail an application to register to vote;

17-34  or

17-35     (d) At any voter registration agency.

17-36  If the elector fails to register under his new name, he may be

17-37  challenged pursuant to the provisions of NRS 293.303 or 293C.292

17-38  and may be required to furnish proof of identity and subsequent

17-39  change of name.

17-40     5.  An elector who registers to vote pursuant to paragraph (a) of

17-41  subsection 1 shall be deemed to be registered upon the completion

17-42  of his application to register to vote.

17-43     6.  After the county clerk determines that the application to

17-44  register to vote of a person is complete and that the person is eligible

18-1  to vote, he shall issue a voter registration card to the voter which

18-2  contains:

18-3      (a) The name, address, political affiliation and precinct number

18-4  of the voter;

18-5      (b) The date of issuance; and

18-6      (c) The signature of the county clerk.

18-7      Sec. 27.  NRS 293.5235 is hereby amended to read as follows:

18-8      293.5235  1.  Except as otherwise provided in NRS 293.502, a

18-9  person may register to vote by mailing an application to register to

18-10  vote to the county clerk of the county in which he resides. The

18-11  county clerk shall, upon request, mail an application to register to

18-12  vote to an applicant. The county clerk shall make the applications

18-13  available at various public places in the county. An application to

18-14  register to vote may be used to correct information in the registrar of

18-15  voters’ register.

18-16     2.  An application to register to vote which is mailed to an

18-17  applicant by the county clerk or made available to the public at

18-18  various locations or voter registration agencies in the county may be

18-19  returned to the county clerk by mail or in person. For the purposes

18-20  of this section, an application which is personally delivered to the

18-21  county clerk shall be deemed to have been returned by mail.

18-22     3.  The applicant must complete the application, including,

18-23  without limitation, checking the boxes described in paragraphs (b)

18-24  and (c) of subsection 9 and [sign] signing the application.

18-25     4.  The county clerk shall, upon receipt of an application,

18-26  determine whether the application is complete.

18-27     5.  If he determines that the application is complete, he shall,

18-28  within 10 days after he receives the application, mail to the

18-29  applicant:

18-30     (a) A notice informing him that he is registered to vote and a

18-31  voter registration card as required by subsection 6 of NRS 293.517;

18-32  or

18-33     (b) A notice informing him that the registrar of voters’ register

18-34  has been corrected to reflect any changes indicated on the

18-35  application.

18-36  The applicant shall be deemed to be registered or to have corrected

18-37  the information in the register as of the date the application is

18-38  postmarked or personally delivered.

18-39     6.  If the county clerk determines that the application is not

18-40  complete, he shall, as soon as possible, mail a notice to the applicant

18-41  informing him that additional information is required to complete

18-42  the application. If the applicant provides the information requested

18-43  by the county clerk within 15 days after the county clerk mails the

18-44  notice, the county clerk shall, within 10 days after he receives the

18-45  information, mail to the applicant:

19-1      (a) A notice informing him that he is registered to vote and a

19-2  voter registration card as required by subsection 6 of NRS 293.517;

19-3  or

19-4      (b) A notice informing him that the registrar of voters’ register

19-5  has been corrected to reflect any changes indicated on the

19-6  application.

19-7  The applicant shall be deemed to be registered or to have corrected

19-8  the information in the register as of the date the application is

19-9  postmarked or personally delivered. If the applicant does not

19-10  provide the additional information within the prescribed period, the

19-11  application is void.

19-12     7.  If the applicant fails to check the box described in

19-13  paragraph (b) of subsection 9, the application shall not be

19-14  considered invalid and the county clerk shall provide a means for

19-15  the applicant to correct the omission at the time the applicant

19-16  appears to vote in person at his assigned polling place.

19-17     8.  The Secretary of State shall prescribe the form for an

19-18  application to register to vote by mail which must be used to register

19-19  to vote by mail in this state.

19-20     9.  The application to register to vote by mail must include [a] :

19-21     (a) A notice in at least 10-point type which states:

 

19-22     NOTICE: You are urged to return your application to

19-23  register to vote to the County Clerk in person or by mail. If

19-24  you choose to give your completed application to another

19-25  person to return to the County Clerk on your behalf, and the

19-26  person fails to deliver the application to the County Clerk,

19-27  you will not be registered to vote. Please retain the duplicate

19-28  copy or receipt from your application to register to vote.

 

19-29     [8.] (b) The question, “Are you a citizen of the United States?”

19-30  and boxes for the applicant to check to indicate whether or not the

19-31  applicant is a citizen of the United States.

19-32     (c) The question, “Will you be at least 18 years of age on or

19-33  before election day?” and boxes for the applicant to check to

19-34  indicate whether or not the applicant will be at least 18 years of

19-35  age or older on election day.

19-36     (d) A statement instructing the applicant not to complete the

19-37  application if the applicant checked “no” in response to the

19-38  question set forth in paragraph (b) or (c).

19-39     (e) A statement informing the applicant that if the application

19-40  is submitted by mail and the applicant is registering to vote for the

19-41  first time, the applicant must submit the information set forth in

19-42  paragraph (a) of subsection 2 of section 10 of this act to avoid the

20-1  requirements of subsection 1 of section 10 of this act upon voting

20-2  for the first time.

20-3      10. The county clerk shall not register a person to vote

20-4  pursuant to this section unless that person has provided all of the

20-5  information required by the application.

20-6      [9.] 11. The county clerk shall mail, by postcard, the notices

20-7  required pursuant to subsections 5 and 6. If the postcard is returned

20-8  to the county clerk by the United States Postal Service because the

20-9  address is fictitious or the person does not live at that address, the

20-10  county clerk shall attempt to determine whether the person’s current

20-11  residence is other than that indicated on his application to register to

20-12  vote in the manner set forth in NRS 293.530.

20-13     [10.] 12. A person who, by mail, registers to vote pursuant to

20-14  this section may be assisted in completing the application to register

20-15  to vote by any other person. The application must include the

20-16  mailing address and signature of the person who assisted the

20-17  applicant. The failure to provide the information required by this

20-18  subsection will not result in the application being deemed

20-19  incomplete.

20-20     [11.] 13. An application to register to vote must be made

20-21  available to all persons, regardless of political party affiliation.

20-22     [12.] 14. An application must not be altered or otherwise

20-23  defaced after the applicant has completed and signed it. An

20-24  application must be mailed or delivered in person to the office of the

20-25  county clerk within 10 days after it is completed.

20-26     [13.] 15. A person who willfully violates any of the provisions

20-27  of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E

20-28  felony and shall be punished as provided in NRS 193.130.

20-29     [14.] 16. The Secretary of State shall adopt regulations to carry

20-30  out the provisions of this section.

20-31     Sec. 28. NRS 293.5237 is hereby amended to read as follows:

20-32     293.5237  Any time before the [close of registration] fifth

20-33  Sunday preceding an election, a person who because of illness,

20-34  disability or for other good cause shown requires assistance to

20-35  complete an application to register to vote may request the county

20-36  clerk in writing or by telephone to register him at his residence.

20-37  Upon request, the county clerk shall direct the appropriate field

20-38  registrar to go to the home of such a person to register him to vote.

20-39     Sec. 29. NRS 293.524 is hereby amended to read as follows:

20-40     293.524  1.  The Department of Motor Vehicles shall provide

20-41  an application to register to vote to each person who applies for the

20-42  issuance or renewal of any type of driver’s license or for an

20-43  identification card.

20-44     2.  The county clerk shall use the applications to register to vote

20-45  which are signed and completed pursuant to subsection 1 to register

21-1  applicants to vote or to correct information in the registrar of voters’

21-2  register. An application that is not signed must not be used to

21-3  register or correct the registration of the applicant.

21-4      3.  For the purposes of this section, each employee specifically

21-5  authorized to do so by the Director of the Department may oversee

21-6  the completion of an application. The authorized employee shall

21-7  check the application for completeness and verify the information

21-8  required by the application. Each application must include a

21-9  duplicate copy or receipt to be retained by the applicant upon

21-10  completion of the form. The Department shall, except as otherwise

21-11  provided in this subsection, forward each application on a weekly

21-12  basis to the county clerk or, if applicable, to the registrar of voters of

21-13  the county in which the applicant resides. [During] The applications

21-14  must be forwarded daily during the 2 weeks immediately preceding

21-15  the [close of registrationfor an election, the applications must be

21-16  forwarded daily.] fifth Sunday preceding an election.

21-17     4.  The county clerk shall accept any application to register to

21-18  vote which is obtained from the Department of Motor Vehicles

21-19  pursuant to this section and completed by the [last day to register]

21-20  fifth Sunday preceding an election if he receives the application not

21-21  later than 5 days after [theclose of registration.] that date. Upon

21-22  receipt of an application, the county clerk or field registrar of voters

21-23  shall determine whether the application is complete. If he

21-24  determines that the application is complete, he shall notify the

21-25  applicant and the applicant shall be deemed to be registered as of the

21-26  date of the submission of the application. If he determines that

21-27  the application is not complete, he shall notify the applicant of the

21-28  additional information required. The applicant shall be deemed to be

21-29  registered as of the date of the initial submission of the application if

21-30  the additional information is provided within 15 days after the

21-31  notice for the additional information is mailed. If the applicant has

21-32  not provided the additional information within 15 days after the

21-33  notice for the additional information is mailed, the incomplete

21-34  application is void. Any notification required by this subsection

21-35  must be given by mail at the mailing address on the application not

21-36  more than 7 working days after the determination is made

21-37  concerning whether the application is complete.

21-38     5.  The county clerk shall use any form submitted to the

21-39  Department to correct information on a driver’s license or

21-40  identification card to correct information in the registrar of voters’

21-41  register, unless the person indicates on the form that the correction

21-42  is not to be used for the purposes of voter registration. The

21-43  Department shall forward each such form to the county clerk or, if

21-44  applicable, to the registrar of voters of the county in which the

22-1  person resides in the same manner provided by subsection 3 for

22-2  applications to register to vote.

22-3      6.  Upon receipt of a form to correct information, the county

22-4  clerk shall compare the information to that contained in the registrar

22-5  of voters’ register. If the person is a registered voter, the county

22-6  clerk shall correct the information to reflect any changes indicated

22-7  on the form. After making any changes, the county clerk shall notify

22-8  the person by mail that his records have been corrected.

22-9      7.  The Secretary of State shall, with the approval of the

22-10  Director, adopt regulations to:

22-11     (a) Establish any procedure necessary to provide an elector who

22-12  applies to register to vote pursuant to this section the opportunity to

22-13  do so;

22-14     (b) Prescribe the contents of any forms or applications which the

22-15  Department is required to distribute pursuant to this section; and

22-16     (c) Provide for the transfer of the completed applications of

22-17  registration from the Department to the appropriate county clerk for

22-18  inclusion in the election board registers and registrar of voters’

22-19  register.

22-20     Sec. 30.  NRS 293.530 is hereby amended to read as follows:

22-21     293.530  Except as otherwise provided in section 15.5 of this

22-22  act:

22-23     1.  County clerks may use any reliable and reasonable means

22-24  available to correct the [official registration lists] portions of the

22-25  statewide voter registration list which are relevant to the county

22-26  clerks and to determine whether a registered voter’s current

22-27  residence is other than that indicated on his application to register to

22-28  vote.

22-29     2.  A county clerk may, with the consent of the board of county

22-30  commissioners, make investigations of registration in the county by

22-31  census, by house-to-house canvass or by any other method.

22-32     3.  A county clerk shall cancel the registration of a voter

22-33  pursuant to this section if:

22-34     (a) He mails a written notice to the voter which the United

22-35  States Postal Service is required to forward;

22-36     (b) He mails a return postcard with the notice which has a place

22-37  for the voter to write his new address, is addressed to the county

22-38  clerk and has postage guaranteed;

22-39     (c) The voter does not respond; and

22-40     (d) The voter does not appear to vote in an election before the

22-41  polls have closed in the second general election following the date

22-42  of the notice.

22-43     4.  For the purposes of this section, the date of the notice is

22-44  deemed to be 3 days after it is mailed.

22-45     5.  The county clerk shall maintain records of:

23-1      (a) Any notice mailed pursuant to subsection 3;

23-2      (b) Any response to such notice; and

23-3      (c) Whether a person to whom a notice is mailed appears to vote

23-4  in an election,

23-5  for not less than 2 years after creation.

23-6      6.  The county clerk shall use any postcards which are returned

23-7  to correct the [official registration lists.] portions of the statewide

23-8  voter registration list which are relevant to the county clerk.

23-9      7.  If a voter fails to return the postcard mailed pursuant to

23-10  subsection 3 within 30 days, the county clerk shall designate the

23-11  voter as inactive on his application to register to vote.

23-12     8.  The Secretary of State shall adopt regulations to prescribe

23-13  the method for maintaining a list of voters who have been

23-14  designated as inactive pursuant to subsection 7.

23-15     Sec. 31.  NRS 293.5303 is hereby amended to read as follows:

23-16     293.5303  In addition to the methods described in NRS

23-17  293.530, the county clerk in each county may enter into an

23-18  agreement with the United States Postal Service or any person

23-19  authorized by it to obtain the data compiled by the United States

23-20  Postal Service concerning changes of addresses of its postal patrons

23-21  for use by the county clerk to correct the portions of the statewide

23-22  voter registration [lists.] list relevant to the county clerk.

23-23     Sec. 32.  NRS 293.5307 is hereby amended to read as follows:

23-24     293.5307  If a county clerk enters into an agreement pursuant to

23-25  NRS 293.5303, he shall review each notice of a change of address

23-26  filed with the United States Postal Service by a resident of the

23-27  county and identify each resident who is a registered voter and has

23-28  moved to a new address. Before removing or correcting information

23-29  in the [official] statewide voter registration list, the county clerk

23-30  shall mail a notice to each such registered voter and follow the

23-31  procedures set forth in NRS 293.530.

23-32     Sec. 32.5. NRS 293.540 is hereby amended to read as follows:

23-33     293.540  The county clerk shall cancel the registration:

23-34     1.  If he has personal knowledge of the death of the person

23-35  registered, or if an authenticated certificate of the death of any

23-36  elector is filed in his office.

23-37     2.  If the insanity or mental incompetence of the person

23-38  registered is legally established.

23-39     3.  Upon the determination that the person registered has been

23-40  convicted of a felony.

23-41     4.  Upon the production of a certified copy of the judgment of

23-42  any court directing the cancellation to be made.

23-43     5.  Upon the request of any registered voter to affiliate with any

23-44  political party or to change his affiliation, if that change is made

23-45  before the end of the last day to register to vote in the election.

24-1      6.  At the request of the person registered.

24-2      7.  If he has discovered an incorrect registration pursuant to the

24-3  provisions of NRS 293.5235, 293.530, or 293.535 and the elector

24-4  has failed to respond or appear to vote within the required time.

24-5      8.  As required by section 15.5 of this act.

24-6      9.  Upon verification that the application to register to vote is a

24-7  duplicate if he has the original or another duplicate of the

24-8  application on file in his office.

24-9      Sec. 33. NRS 293.560 is hereby amended to read as follows:

24-10     293.560  1.  Except as otherwise provided in NRS 293.502,

24-11  registration must close at 9 p.m. on the [fifth Saturday] third

24-12  Tuesday preceding any primary or general election and at 9 p.m. on

24-13  the third Saturday preceding any recall or special election, except

24-14  that if a recall or special election is held on the same day as a

24-15  primary or general election, registration must close at 9 p.m. on the

24-16  [fifth Saturday] third Tuesday preceding the day of the elections.

24-17     2.  The [offices] office of the county clerk [and other ex officio

24-18  registrars] must be open from 9 a.m. to 5 p.m. and [the office of the

24-19  county clerk must also be open] from 7 p.m. to 9 p.m., including

24-20  Saturdays, during the last days before the close of registration,

24-21  according to the following schedule:

24-22     (a) In a county whose population is less than 100,000, [those

24-23  offices] the office of the county clerk must be open during the last

24-24  [3 days] day before registration closes.

24-25     (b) In all other counties, [thoseoffices] the office of the county

24-26  clerk must be open during thelast 5 days before registration closes.

24-27     3.  Except for a special election held pursuant to chapter 306 or

24-28  350 of NRS:

24-29     (a) The county clerk of each county shall cause a notice signed

24-30  by him to be published in a newspaper having a general circulation

24-31  in the county indicating the day that registration will be closed. If no

24-32  such newspaper is published in the county, the publication may be

24-33  made in a newspaper of general circulation published in the nearest

24-34  county in this state.

24-35     (b) The notice must be published once each week for 4

24-36  consecutive weeks next preceding the close of registration for any

24-37  election.

24-38     4.  The offices of the county clerk and other ex officio registrars

24-39  may remain open on the last Friday in October in each even-

24-40  numbered year.

24-41     5.  For the period beginning the fifth Sunday preceding any

24-42  primary or general election and ending the third Tuesday

24-43  preceding any primary or general election, an elector may register

24-44  to vote only by appearing in person at the office of the county

24-45  clerk.

25-1      Sec. 34.  NRS 293B.063 is hereby amended to read as follows:

25-2      293B.063  [1.  Except as otherwise provided in subsection 2,

25-3  no] No mechanical voting system may be used in this state unless it

25-4  meets or exceeds the standards for voting systems established by the

25-5  Federal Election Commission.

25-6      [2.  A mechanical voting system that does not comply with the

25-7  standards established by the Federal Election Commission for

25-8  computers or software for computers may be used if it is

25-9  demonstrated to the Secretary of State that the system performs all

25-10  functions required by the Commission.]

25-11     Sec. 35.  NRS 293B.065 is hereby amended to read as follows:

25-12     293B.065  A mechanical voting system must secure to the voter

25-13  [secrecy] privacy and independence in the act of voting.

25-14     Sec. 36.  NRS 293B.084 is hereby amended to read as follows:

25-15     293B.084  A mechanical recording device which directly

25-16  records votes electronically must:

25-17     1.  Bear a number which identifies that mechanical recording

25-18  device.

25-19     2.  Be equipped with a storage device which:

25-20     (a) Stores the ballots voted on the mechanical recording device;

25-21     (b) Can be removed from the mechanical recording device for

25-22  the purpose of transporting the ballots stored therein to a central

25-23  counting place; and

25-24     (c) Bears the same number as the mechanical recording device.

25-25     3.  Be designed in such a manner that voted ballots may be

25-26  stored within the mechanical recording device and the storage

25-27  device required pursuant to subsection 2 at the same time.

25-28     4.  Provide a record printed on paper of:

25-29     (a) Each ballot voted on the mechanical recording device; and

25-30     (b) The total number of votes recorded on the mechanical

25-31  recording device for each candidate and for or against each measure.

25-32     5.  The paper record described in subsection 4 must be made

25-33  available for a manual audit and must serve as an official record

25-34  for a recount.

25-35     Sec. 37.  NRS 293C.265 is hereby amended to read as follows:

25-36     293C.265  1.  Except as otherwise provided in subsection 2[,]

25-37  and in sections 9 and 10 of this act, a person who registered to vote

25-38  pursuant to the provisions of NRS 293.5235 [,] shall, for the first

25-39  city election in which he votes at which that registration is valid,

25-40  vote in person unless he has previously voted in the county in which

25-41  he is registered to vote.

25-42     2.  The provisions of subsection 1 do not apply to a person who:

25-43     (a) Is entitled to vote in the manner prescribed in NRS 293C.342

25-44  to 293C.352, inclusive;

26-1      (b) Is entitled to vote an absent ballot pursuant to federal law or

26-2  NRS 293C.317 or 293C.318;

26-3      (c) Is disabled;

26-4      (d) Submits or has previously submitted a written request for an

26-5  absent ballot that is signed by the registered voter before a notary

26-6  public or other person authorized to administer an oath; or

26-7      (e) Requests an absent ballot in person at the office of the city

26-8  clerk.

26-9      Sec. 38.  NRS 293C.281 is hereby amended to read as follows:

26-10     293C.281  1.  Except as otherwise provided in subsection 2, at

26-11  all times during which a polling place is open, the polling place

26-12  must:

26-13     (a) Be accessible to a voter who is elderly or [disabled;] a voter

26-14  with a disability; and

26-15     (b) Have at least one voting booth that is:

26-16         (1) Designed to allow a voter in a wheelchair to vote;

26-17         (2) Designated for use by a voter who is elderly or [disabled;

26-18  and] a voter with a disability;

26-19         (3) Equipped to allow a voter who is elderly or [disabled] a

26-20  voter with a disability to vote with the same privacy as a voter who

26-21  is not elderly or [disabled.] as a voter without a disability; and

26-22         (4) Equipped with a mechanical recording device which

26-23  directly records the votes electronically and which may be used by

26-24  persons with disabilities.

26-25     2.  A polling place that does not comply with the provisions of

26-26  subsection 1 may be used if necessary because of a natural disaster,

26-27  including, without limitation, an earthquake, flood, fire or storm.

26-28     3.  At each polling place, the city clerk is encouraged to:

26-29     (a) Post in a conspicuous place, in at least 12-point type,

26-30  instructions for voting;

26-31     (b) Provide ballots in alternative audio and visual formats for

26-32  use by a voter who is elderly or [disabled;] a voter with a disability;

26-33  and

26-34     (c) Provide, in alternative audio and visual formats for use by a

26-35  voter who is elderly or [disabled,] a voter with a disability, all

26-36  materials that are:

26-37         (1) Related to the election; and

26-38         (2) Made available to a voter in printed form at the polling

26-39  place.

26-40     Sec. 39.  NRS 293C.310 is hereby amended to read as follows:

26-41     293C.310  1.  Except as otherwise provided in NRS 293.502

26-42  and 293C.265, a registered voter who provides sufficient written

26-43  notice to the city clerk may vote an absent ballot as provided in this

26-44  chapter.

26-45     2.  A registered voter who:

27-1      (a) Is at least 65 years of age; or

27-2      (b) Has a physical disability or condition that substantially

27-3  impairs his ability to go to the polling place,

27-4  may request an absent ballot for all elections held during the year he

27-5  requests an absent ballot. The registered voter must include in his

27-6  request a description of his physical disability or condition.

27-7      3.  As used in this section, “sufficient written notice” means a:

27-8      (a) Written request for an absent ballot that is signed by the

27-9  registered voter and returned to the city clerk in person or by mail or

27-10  facsimile machine;

27-11     (b) Form prescribed by the Secretary of State that is completed

27-12  and signed by the registered voter and returned to the city clerk in

27-13  person or by mail or facsimile machine; or

27-14     (c) Form provided by the Federal Government.

27-15     4.  A city clerk shall consider a request from a voter who has

27-16  given sufficient written notice on a form provided by the Federal

27-17  Government as [a] :

27-18     (a) A request for the primary city election and the general city

27-19  election unless otherwise specified in the request[.] ; and

27-20     (b) A request for an absent ballot for the two primary and

27-21  general elections immediately following the date on which the city

27-22  clerk received the request.

27-23     5.  It is unlawful for a person fraudulently to request an absent

27-24  ballot in the name of another person or to induce or coerce another

27-25  person fraudulently to request an absent ballot in the name of

27-26  another person. A person who violates any provision of this

27-27  subsection is guilty of a category E felony and shall be punished as

27-28  provided in NRS 193.130.

27-29     Sec. 40. NRS 293C.527 is hereby amended to read as follows:

27-30     293C.527  1.  Except as otherwise provided in NRS 293.502,

27-31  registration must close at 9 p.m. on the [fifth Saturday] third

27-32  Tuesday preceding any primary city election or general city election

27-33  and at 9 p.m. on the third Saturday preceding any recall or special

27-34  election, except that if a recall or special election is held on the same

27-35  day as a primary city election or general city election, registration

27-36  must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding

27-37  the day of the elections.

27-38     2.  The [offices] office of the city [and county clerk and other

27-39  ex officio registrars] clerk must be open from 9 a.m. to 5 p.m. and

27-40  [the offices of the city and county clerk must also be open] from 7

27-41  p.m. to 9 p.m., including Saturdays, during the last days before the

27-42  close of registration before a primary city election or general city

27-43  election, according to the following schedule:

28-1      (a) In a city whose population is less than 25,000, [thoseoffices]

28-2  the office of the city clerk must be open during the last 3 days

28-3  before registration closes.

28-4      (b) In a city whose population is 25,000 or more, [those offices]

28-5  the office of the city clerk must be open during the last 5 days

28-6  before registration closes.

28-7      3.  Except for a special election held pursuant to chapter 306 or

28-8  350 of NRS:

28-9      (a) The city clerk of each city shall cause a notice signed by him

28-10  to be published in a newspaper having a general circulation in the

28-11  city indicating the day that registration will be closed. If no

28-12  newspaper is of general circulation in that city, the publication may

28-13  be made in a newspaper of general circulation in the nearest city in

28-14  this state.

28-15     (b) The notice must be published once each week for 4

28-16  consecutive weeks next preceding the close of registration for any

28-17  election.

28-18     4.  For the period beginning the fifth Sunday preceding any

28-19  primary city election or general city election and ending the third

28-20  Tuesday preceding any primary city election or general city

28-21  election, an elector may register to vote only by appearing in

28-22  person at the office of the city clerk.

28-23     Sec. 41.  NRS 293C.532 is hereby amended to read as follows:

28-24     293C.532  1.  Each person who resides within the boundaries

28-25  of the city at the time of the holding of any city election, and whose

28-26  name appears upon the [official register of voters for] statewide

28-27  voter registration list as a registered voter of the city, is entitled to

28-28  vote at each special election, primary city election and general city

28-29  election, and for all officers to be voted for and on all questions

28-30  submitted to the people at those elections except as otherwise

28-31  provided in chapter 266 of NRS.

28-32     2.  The governing body of a city may provide for a

28-33  supplemental registration.

28-34     Sec. 42.  NRS 293C.535 is hereby amended to read as follows:

28-35     293C.535  1.  Except as otherwise provided by special charter,

28-36  registration of electors in incorporated cities must be accomplished

28-37  in the manner provided in this chapter.

28-38     2.  The county clerk shall use the statewide voter registration

28-39  list to prepare for the city clerk of each incorporated city within his

28-40  county the election board register of all electors eligible to vote at a

28-41  regular or special city election.

28-42     3.  The official register must be prepared in suitable books, one

28-43  for each ward or other voting district within each incorporated city.

28-44  The entries in the election board register must be arranged

28-45  alphabetically with the surnames first.

29-1      4.  The county clerk shall keep duplicate originals or copies of

29-2  the applications to register to vote contained in the official register

29-3  in his office.

29-4      Sec. 43.  The provisions of NRS 354.599 do not apply to any

29-5  additional expenses of a local government that are related to the

29-6  provisions of this act.

29-7      Sec. 44.  The provisions of chapter 333 of NRS do not apply to

29-8  a contract awarded before January 1, 2005, by the Secretary of

29-9  State:

29-10     1.  To establish and maintain the statewide voter registration list

29-11  created pursuant to section 3 of this act; or

29-12     2.  To upgrade or replace voting systems throughout this state.

29-13     Sec. 45.  1.  This section and sections 43 and 44 of this act

29-14  become effective upon passage and approval.

29-15     2.  Section 3 of this act becomes effective on passage and

29-16  approval for purposes of awarding contracts to establish and

29-17  maintain a statewide voter registration list pursuant to section 3 of

29-18  this act, and:

29-19     (a) If the State of Nevada obtains a waiver in the manner set

29-20  forth in 42 U.S.C. § 15483(d)(1)(B), on January 1, 2006, for all

29-21  other purposes; or

29-22     (b) If the State of Nevada does not obtain such a waiver, on

29-23  January 1, 2004, for all other purposes.

29-24     3.  Sections 10, 15.5 and 32.5 of this act become effective

29-25  July 1, 2003.

29-26     4.  Sections 1, 2, 4 to 9, inclusive, 11 to 19, inclusive, 21 to 37,

29-27  inclusive, and 39 to 42, inclusive, of this act become effective on

29-28  January 1, 2004.

29-29     5.  Sections 20 and 38 of this act become effective on

29-30  January 1, 2006.

 

29-31  H