Link to Page 2520

 

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ê2007 Statutes of Nevada, Page 2521 (Chapter 475, AB 615)ê

 

      (a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

      (b) On the first Tuesday after the first Monday in June of an odd-numbered year.

Ê The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 90 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

      4.  The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued.

 


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ê2007 Statutes of Nevada, Page 2522 (Chapter 475, AB 615)ê

 

obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.

      5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district. If the amount in the reserve account falls below the amount required by this subsection:

      (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and

      (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.

      6.  A question presented to the voters pursuant to subsection 4 may authorize all or a portion of the revenue generated by the debt rate which is in excess of the amount required:

      (a) For debt service in the current fiscal year;

      (b) For other purposes related to the bonds by the instrument pursuant to which the bonds were issued; and

      (c) To maintain the reserve account required pursuant to subsection 5,

Ê to be transferred to the county school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds during the period of voter authorization if the findings and approvals required by subsection 4 are obtained.

      7.  A municipality may issue special or medium-term obligations without an election.

      Sec. 2.  NRS 350.659 is hereby amended to read as follows:

      350.659  The governing body of a [municipality] local government in a county whose population is [50,000] 20,000 or more, subject to any contractual limitations from time to time imposed upon the [municipality] local government by any ordinance authorizing the issuance of outstanding securities of the [municipality] local government or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested, except as otherwise provided in NRS 350.698, any proceeds of taxes, any pledged revenues and any proceeds of bonds or other [municipal] local government securities issued hereunder for which the amount of the principal of the original issuance was [$10,000,000] $5,000,000 or more in an investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:

      1.  The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;

 


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ê2007 Statutes of Nevada, Page 2523 (Chapter 475, AB 615)ê

 

      2.  In a county whose population is 20,000 or more but less than 50,000:

      (a) The local government employs a full-time finance director; and

      (b) The terms of the investment contract have been reviewed by independent bond counsel, who has determined that the contract complies with this section;

      3.  The [municipality] local government receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the [municipality] local government or its trustee by a third-party agent of the [municipality] local government which is a commercial bank authorized to exercise trust powers;

      [3.] 4.  The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the [municipality] local government to meet that ratio within 2 business days after the determination; and

      [4.] 5.  The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:

      (a) An insurance company which has a rating on its ability to pay claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA” by Standard and Poor’s Ratings Services, or their equivalent; or

      (b) An entity which has a credit rating on its outstanding long-term debt of not less than “A2” by Moody’s Investors Service, Inc., or “A” by Standard and Poor’s Ratings Services, or their equivalent.

      Sec. 3.  NRS 355.178 is hereby amended to read as follows:

      355.178  1.  The governing body of a city whose population is 150,000 or more or a county whose population is 100,000 or more may lend securities from its investment portfolio if:

      (a) The investment portfolio has a value of at least $100,000,000;

      (b) The treasurer of the city or county:

             (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

             (2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

      (c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

             (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

             (2) At least 102 percent of the value of the securities borrowed.

      2.  The governing body of a city or consolidated municipality whose population is [60,000] 25,000 or more but less than 150,000 may lend securities from its investment portfolio if:

      (a) The investment portfolio has a value of at least $50,000,000;

      (b) The governing body is currently authorized to lend securities pursuant to subsection 5;

      (c) The treasurer of the city or consolidated municipality:

 


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ê2007 Statutes of Nevada, Page 2524 (Chapter 475, AB 615)ê

 

             (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

             (2) Submits the policy established pursuant to subparagraph (1) to the manager of the city , [or] consolidated municipality or other local government and prepares and submits to the manager of the city , [or] consolidated municipality or other local government a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

      (d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

             (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

             (2) At least 102 percent of the value of the securities borrowed.

      3.  The governing body of a city, county or consolidated municipality may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

      4.  The total of investments made by a particular city, county or consolidated municipality with collateral received pursuant to subsection 1 or 2 must have an average weighted maturity of not more than 90 days.

      5.  The governing body of a city or consolidated municipality whose population is [60,000] 25,000 or more but less than 150,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the State Board of Finance. The State Board of Finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the State Board of Finance for additional 2-year periods.

      6.  As used in this section, “average weighted maturity” means the average length of time until the securities in which a particular city, county or consolidated municipality has invested with collateral received pursuant to subsection 1 or 2 will mature or be redeemed by their issuers, with the length of time of each individual security proportionally weighted according to the total dollar amount that the particular city, county or consolidated municipality has invested in that individual security with collateral received pursuant to subsection 1 or 2.

      Sec. 4.  NRS 387.516 is hereby amended to read as follows:

      387.516  1.  The board of trustees of a school district may apply to the State Treasurer for a guarantee agreement whereby money in the State Permanent School Fund is used to guarantee the payment of the debt service on bonds that the school district will issue. The amount of the guarantee for bonds of each school district outstanding at any one time must not exceed [$25,000,000.] $40,000,000.

      2.  The application must be on a form prescribed by the State Treasurer. The State Treasurer shall develop the form in consultation with the Executive Director.

      3.  Medium-term obligations entered into pursuant to the provisions of NRS 350.087 to 350.095, inclusive, are not eligible for guarantee pursuant to NRS 387.513 to 387.528, inclusive.

      4.  Upon receipt of an application for a guarantee agreement from a school district, the State Treasurer shall provide a copy of the application and any supporting documentation to the Executive Director. As soon as practicable after receipt of a copy of an application, the Executive Director shall investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested.

 


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ê2007 Statutes of Nevada, Page 2525 (Chapter 475, AB 615)ê

 

practicable after receipt of a copy of an application, the Executive Director shall investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested. The Executive Director shall submit a written report of his investigation to the State Board of Finance indicating his opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 476, AB 604

Assembly Bill No. 604–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 476

 

AN ACT relating to elections; requiring the governing body of certain political subdivisions that submits a question to the voters to create a description of anticipated financial effect; requiring certain persons or groups of persons advocating the passage or defeat of certain initiatives or referenda to provide various information to the Secretary of State concerning campaign contributions, expenditures and expenses; requiring circulators of certain petitions to attach an affidavit to each document of the petition; authorizing the Legislative Counsel to provide technical suggestions regarding certain initiatives and referenda; requiring the governing body of a local government to prepare a description of anticipated financial effect when a petition for initiative or referendum is filed with the county or city clerk; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 2 and 3 of this bill require the governing body of certain political subdivisions that submits a question to the voters that will appear on the ballot at certain elections to create a description of the anticipated financial effect that such a question could have on the political subdivision if the question were approved by the voters. Sections 4 and 5 of this bill require that such descriptions appear on the sample ballots.

      Chapter 294A of NRS governs campaign practices. NRS 294A.150 and 294A.220 require persons or groups of persons advocating the passage or defeat of a question on a ballot to submit reports to the Secretary of State on campaign contributions, expenditures and expenses. Sections 11 and 12 of this bill provide a higher reporting threshold for those persons or groups. Section 7 of this bill creates a new section for persons and groups of persons advocating the passage or defeat of a constitutional amendment or a statewide measure proposed by an initiative or referendum and that have received or expended at least $10,000 for that purpose. The provisions of this new section require such persons or groups to submit similar campaign contribution and expense reports to the Secretary of State on a different schedule, with a higher reporting threshold and with certain additional information. Section 8 of this bill requires such persons and groups to appoint a resident agent who lives in Nevada, regardless of the amount of money they have received or expended. Section 9 of this bill requires such persons and groups to file an organizational statement with the Secretary of State, regardless of the amount of money they have received or expended.

 


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ê2007 Statutes of Nevada, Page 2526 (Chapter 476, AB 604)ê

 

Secretary of State, regardless of the amount of money they have received or expended. Section 10 of this bill requires such persons and groups who pay others to circulate petitions to disclose certain financial information to the Secretary of State. Section 17 of this bill provides that such persons and groups who violate section 7 are subject to civil penalties.

      Chapter 295 of NRS governs petitions for statewide and local initiatives and referenda. Section 19 of this bill requires the county clerks who receive the petitions for statewide initiatives or referenda for the purpose of signature verification to make copies of the petitions and make them available to the public for not less than 14 days. Section 20 of this bill requires petition circulators for statewide measures or referenda to attach an affidavit to each document of a petition attesting to certain information about the process of gathering signatures. Section 21 of this bill prohibits paying people to sign petitions.

      Existing law requires the Secretary of State to consult with the Fiscal Analysis Division of the Legislative Counsel Bureau regarding the possible financial effect on the State of any statewide initiative or referendum. (NRS 295.015) Section 24 of this bill requires the Secretary of State also to consult with the Legislative Counsel regarding each statewide initiative or referendum and authorizes the Legislative Counsel to make technical suggestions regarding the petition. Sections 25 and 26 of this bill provide that when a petition for county initiative or referendum or municipal initiative or referendum is filed with the county or city clerk, the clerk is required to consult with the appropriate governing body to determine whether the initiative or referendum would have a financial effect on the local government, if approved by the voters. If the appropriate governing body determines that the initiative or referendum would have a financial effect, sections 25 and 26 require the governing body to create a description of the anticipated financial effect and require the appropriate clerk to post such a description on his Internet website, if he maintains an Internet website.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.4687 is hereby amended to read as follows:

      293.4687  1.  The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:

      (a) The Voters’ Bill of Rights required to be posted on his Internet website pursuant to the provisions of NRS 293.2549;

      (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388; and

      (c) All reports on campaign contributions and expenditures submitted to the Secretary of State pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 [.] and section 7 of this act.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

 


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ê2007 Statutes of Nevada, Page 2527 (Chapter 476, AB 604)ê

 

      Sec. 2.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as otherwise provided in subsection 2 , [or NRS 295.121 or 295.217,] every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide to each county clerk within the designated territory on or before the third Monday in July preceding the election:

             (1) A copy of the question, including an explanation of the question;

             (2) [Arguments] Except as otherwise provided in NRS 295.121 or 295.217, arguments for and against the question; and

             (3) [If] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, [a fiscal note prepared by the governing body] must be prepared in accordance with subsection 4 of NRS 293.482.

      (b) At a primary election, shall provide to each county clerk within the designated territory on or before the second Friday after the first Monday in May preceding the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) [If] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, [a fiscal note prepared by the governing body] must be prepared in accordance with subsection 4 of NRS 293.482.

      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) [If] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, [a fiscal note prepared by the governing body] must be prepared in accordance with subsection 4 of NRS 293.482.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide to the city clerk at least 60 days before the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) [If] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, [a fiscal note prepared by the governing body] must be prepared in accordance with subsection 4 of NRS 293.482.

      2.  A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.

 


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ê2007 Statutes of Nevada, Page 2528 (Chapter 476, AB 604)ê

 

      3.  A county or city clerk may charge any political subdivision, public or quasi-public corporation, or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation, arguments and [fiscal note] description of the anticipated financial effect on the ballot.

      Sec. 3.  NRS 293.482 is hereby amended to read as follows:

      293.482  1.  The governing body of a county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration. No other political subdivision, public or quasi-public corporation, or other local agency may ask the advice of the registered voters within its jurisdiction on any question which it has under consideration.

      2.  To place an advisory question on the ballot at a general election or general city election, the governing body of a county or city must:

      (a) Adopt a resolution that:

             (1) Sets forth:

                   (I) The question, in language indicating clearly that the question is advisory only;

                   (II) An explanation of the question;

                   (III) Except as otherwise provided in NRS 295.121 and 295.217, arguments for and against the question; and

                   (IV) [If] A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, [a fiscal note] must be prepared by the governing body in accordance with subsection 4; and

             (2) States that the result of the voting on the question does not place any legal requirement on the governing body, any member of the governing body or any officer of the political subdivision; and

      (b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.

      3.  A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:

      (a) The advisory question to be submitted affects only that part of its territory; and

      (b) The resolution adopted pursuant to subsection 2 sets forth the boundaries of the area in which the advice of the registered voters will be asked.

      4.  With respect to a [fiscal note] description of the anticipated financial effect that is required in connection with an advisory question:

      (a) If, in the advisory question, the governing body seeks advice on whether bonds should be issued, the [fiscal note] description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for issuance of the applicable type of bond.

      (b) If, in the advisory question, the governing body seeks advice on whether a limitation upon revenue from taxes ad valorem should be exceeded, the [fiscal note] description must include any information that is required by law to be included on the sample ballot pursuant to the provisions of law that govern the procedure for exceeding that limitation.

      (c) If, in the advisory question, the governing body seeks advice on whether a tax other than a property tax described in paragraph (b) should be levied, the [fiscal note] description must:

 


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ê2007 Statutes of Nevada, Page 2529 (Chapter 476, AB 604)ê

 

             (1) Identify the average annual cost that is expected to be incurred by the affected taxpayers if the tax were to be levied;

             (2) Specify the period over which the tax is proposed to be levied;

             (3) Disclose whether, in connection with the levy of the tax, revenue bonds are to be sold which will be backed by the full faith and credit of the assessed value of the applicable local government; and

             (4) If applicable, specify whether, in connection with or following the levy of the tax, additional expenses are expected to be incurred to pay for the operation or maintenance of any program or service to be provided from the proceeds of the tax or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the tax.

      (d) If, in the advisory question, the governing body seeks advice on whether a fee should be imposed, the [fiscal note] description must:

             (1) Identify the average annual cost that is expected to be incurred by the affected users if the fee were to be imposed;

             (2) Specify the period over which the fee is proposed to be imposed; and

             (3) If applicable, specify whether, in connection with or following the imposition of the fee, additional expenses are expected to be incurred to pay for the program or service to be provided from the proceeds of the fee or to pay for the operation or maintenance of any building, equipment, facility, machinery, property, structure, vehicle or other thing of value to be purchased, improved or repaired with the proceeds of the fee.

      (e) If, in the advisory question, the governing body seeks advice on whether the applicable local government should incur an expense, the [fiscal note] description must:

             (1) Identify the source of revenue that will be used to pay the expense;

             (2) Disclose whether it is expected that the incurring of the expense will require the levy or imposition of a new tax or fee or the increase of an existing tax or fee; and

             (3) If a tax or fee is proposed to be levied or imposed or increased to pay the expense, contain the information required pursuant to paragraph (c) or (d), as applicable.

      5.  On the sample ballot for the general election or general city election, each advisory question must appear:

      (a) With a title in substantially the following form: “Advisory Ballot Question No. ....”; and

      (b) With its explanation, arguments and [, if required, fiscal note.] description of the anticipated financial effect.

      6.  The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which [fiscal notes] descriptions of the anticipated financial effect should be prepared.

      Sec. 4.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

 


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ê2007 Statutes of Nevada, Page 2530 (Chapter 476, AB 604)ê

 

      (a) If applicable, the statement required by NRS 293.267;

      (b) The fiscal note [,] or description of anticipated financial effect, as provided pursuant to NRS 218.443, 293.250, 293.481 [or 293.482,] , 293.482, 295.015 or 295.095 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218.443, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218.443, 293.250, 293.252, 293.481, 293.482 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      3.  Before the period for early voting, but not later than 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      4.  Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:

      (a) Be printed in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      5.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

 


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ê2007 Statutes of Nevada, Page 2531 (Chapter 476, AB 604)ê

 

      6.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

      7.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

      8.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.

      9.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 5.  NRS 293C.530 is hereby amended to read as follows:

      293C.530  1.  Before the period for early voting, but not later than 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      2.  Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:

      (a) Be printed in at least 12-point type;

      (b) Include the [fiscal note] description of the anticipated financial effect and explanation [, as required pursuant to NRS 293.481 or 293.482,] of each citywide measure and advisory question, including arguments for and against [it;] the measure or question, as required pursuant to NRS 293.481, 293.482, 295.205 or 295.217; and

      (c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 


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ê2007 Statutes of Nevada, Page 2532 (Chapter 476, AB 604)ê

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      4.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

      5.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.

      6.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.

      7.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

      Sec. 6.  Chapter 294A of NRS is hereby amended by adding thereto the sections set forth as sections 7 to 10, inclusive, of this act.

      Sec. 7.  1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy shall, not later than the dates listed in subsection 2, report:

      (a) Each campaign contribution in excess of $1,000 received during each period described in subsection 2;

      (b) Contributions received during each period described in subsection 2 from a contributor which cumulatively exceed $1,000;

      (c) Each expenditure in excess of $1,000 the person or group of persons makes during each period described in subsection 2; and

      (d) The total amount of money the person or group of persons has at the beginning of each period described in subsection 2, accounting for all contributions received and expenditures made during each previous period.

      2.  Every person or group of persons required to report pursuant to subsection 1 shall file that report with the Secretary of State:

      (a) For the period beginning on the first day a copy of the petition may be filed with the Secretary of State before it is circulated for signatures pursuant to Section 1 or Section 2 of Article 19 of the Nevada Constitution, as applicable, and ending on the following March 31, not later than April 15;

 


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ê2007 Statutes of Nevada, Page 2533 (Chapter 476, AB 604)ê

 

pursuant to Section 1 or Section 2 of Article 19 of the Nevada Constitution, as applicable, and ending on the following March 31, not later than April 15;

      (b) For the period beginning on April 1 and ending on July 31, not later than August 15;

      (c) For the period beginning on August 1 and ending on September 30, not later than October 15; and

      (d) For the period beginning on October 1 and ending on December 31, not later than the following January 15.

      3.  The name and address of the contributor and the date on which the contribution was received must be included on each report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the applicable reporting period.

      4.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in each report.

      5.  Each report required pursuant to this section must:

      (a) Be on the form designed and provided by the Secretary of State pursuant to NRS 294A.373; and

      (b) Be signed by the person or a representative of the group of persons under penalty of perjury.

      6.  A person or group of persons may mail or transmit each report to the Secretary of State by certified mail, regular mail, facsimile machine or electronic means or may deliver the report personally.

      7.  A report shall be deemed to be filed with the Secretary of State:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      Sec. 8.  Each person or group of persons organized formally or informally who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum shall appoint and keep within this State a resident agent who must be a natural person who resides in this State.

      Sec. 9.  1.  Each person or group of persons organized formally or informally who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, before engaging in any such advocacy in this State, shall file a statement of organization with the Secretary of State as provided in subsection 2.

      2.  Each statement of organization must include:

      (a) The name of the person or group of persons;

      (b) The purpose for which the person or group of persons is organized;

      (c) The names and addresses of any officers of the person or group of persons;

      (d) If the person or group of persons is affiliated with or is retained by any other person or group for the purpose of advocating the passage or defeat of a constitutional amendment or statewide measure proposed by initiative or referendum, the name and address of each such other person or group; and

 


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ê2007 Statutes of Nevada, Page 2534 (Chapter 476, AB 604)ê

 

      (e) The name, address and telephone number of the resident agent of the person or group of persons.

      3.  A person or group of persons which has filed a statement of organization pursuant to this section shall file an amended statement with the Secretary of State within 30 days of any changes to the information required pursuant to subsection 2.

      Sec. 10.  1.  Each person or group of persons organized formally or informally who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum that provides compensation to persons to circulate petitions shall report to the Secretary of State:

      (a) The number of persons to whom such compensation is provided;

      (b) The least amount of such compensation that is provided and the greatest amount of such compensation that is provided; and

      (c) The total amount of compensation provided.

      2.  The Secretary of State shall make public any information received pursuant to this section.

      Sec. 11.  NRS 294A.150 is hereby amended to read as follows:

      294A.150  1.  [Every] Except as otherwise provided in section 7 of this act, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election [and every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation] shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of [$100] $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed [$100.] $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury. The provisions of this subsection apply to the person or group of persons:

      (a) Each year in which an election or city election is held for each question for which the person or group advocates passage or defeat ; [or each year in which a person or group receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum;] and

      (b) The year after each year described in paragraph (a).

      2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.

 


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ê2007 Statutes of Nevada, Page 2535 (Chapter 476, AB 604)ê

 

person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through June 30 of that year,

Ê report each campaign contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100.] $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.

      3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of [$100] $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. [If] Except as otherwise provided in section 7 of this act, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. [Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection.] A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

 


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ê2007 Statutes of Nevada, Page 2536 (Chapter 476, AB 604)ê

 

Ê report each campaign contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100.] $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      5.  Except as otherwise provided in subsection 6, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100.] $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      6.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      7.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      8.  A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      9.  If the person or group of persons is advocating passage or defeat of a group of questions , [or is receiving or expending money to support a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum,] the reports must be itemized by question or petition.

 


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ê2007 Statutes of Nevada, Page 2537 (Chapter 476, AB 604)ê

 

measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum,] the reports must be itemized by question or petition.

      10.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 12.  NRS 294A.220 is hereby amended to read as follows:

      294A.220  1.  [Every] Except as otherwise provided in section 7 of this act, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election [and every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation] shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of [$100] $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury. The provisions of this subsection apply to the person or group of persons:

      (a) Each year in which an election or city election is held for a question for which the person or group advocates passage or defeat ; [or each year in which a person or group of persons receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum;] and

      (b) The year after each year described in paragraph (a).

      2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

 


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ê2007 Statutes of Nevada, Page 2538 (Chapter 476, AB 604)ê

 

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through the June 30 immediately preceding that July 15,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of [$100] $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.

      3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. [If] Except as otherwise provided in section 7 of this act, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. [Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection.] A person or group of persons described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of [$100] $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      4.  Except as otherwise provided in subsection 5, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

 


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ê2007 Statutes of Nevada, Page 2539 (Chapter 476, AB 604)ê

 

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of [$100] $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.

      5.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of [$100] $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      7.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      8.  If an expenditure is made on behalf of a group of questions , [or a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum,] the reports must be itemized by question or petition. A person may mail or transmit his report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 13.  NRS 294A.365 is hereby amended to read as follows:

      294A.365  1.  Each report of expenditures required pursuant to NRS 294A.210, 294A.220 and 294A.280 and section 7 of this act must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in excess of $100 that was incurred during the periods for reporting.

 


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ê2007 Statutes of Nevada, Page 2540 (Chapter 476, AB 604)ê

 

pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the expense or expenditure and the date on which the expense was incurred or the expenditure was made.

      2.  The categories of expense or expenditure for use on the report of expenses or expenditures are:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid; and

      (j) Other miscellaneous expenses.

      3.  Each report of expenses or expenditures described in subsection 1 must list the disposition of any unspent campaign contributions using the categories set forth in subsection 2 of NRS 294A.160.

      Sec. 14.  NRS 294A.373 is hereby amended to read as follows:

      294A.373  1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 [.] and section 7 of this act.

      2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

      3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party and group that is required to file a report described in subsection 1.

      4.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a copy of a form designed or revised by the Secretary of State pursuant to this section to a person, committee, political party or group that is required to use the form.

      Sec. 15.  NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  An acceptance of candidacy;

      3.  The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or

      4.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360, or section 7 of this act,

Ê shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 or section 7 of this act relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be developed by the Secretary of State and provided upon request.

 


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ê2007 Statutes of Nevada, Page 2541 (Chapter 476, AB 604)ê

 

294A.220, 294A.270, 294A.280 or 294A.360 or section 7 of this act relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

      Sec. 16.  NRS 294A.400 is hereby amended to read as follows:

      294A.400  The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, and section 7 of this act, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and expenses are required.

      2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

      3.  The contributions made to a committee for the recall of a public officer in excess of $100.

      4.  The expenditures exceeding $100 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) [Person or group of persons on behalf of or against a question or group of questions on the ballot.

      (c)] Group of persons advocating the election or defeat of a candidate.

      [(d)] (c) Committee for the recall of a public officer.

      5.  The contributions in excess of $100 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) [A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.

      (c)] A committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates.

      6.  The contributions in excess of $1,000 made to and the expenditures exceeding $1,000 made by a:

      (a) Person or group of persons on behalf of or against a question or group of questions on the ballot, except as otherwise provided in paragraph (c).

      (b) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot, except as otherwise provided in paragraph (c).

      (c) Person or group of persons organized formally or informally who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy.

 


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ê2007 Statutes of Nevada, Page 2542 (Chapter 476, AB 604)ê

 

      Sec. 17.  NRS 294A.420 is hereby amended to read as follows:

      294A.420  1.  If the Secretary of State receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 or section 7 of this act has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 or section 7 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      Sec. 18.  Chapter 295 of NRS is hereby amended by adding thereto the sections set forth as sections 19, 20 and 21 of this act.

      Sec. 19.  After a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum is submitted for signature verification to the county clerk, the county clerk shall make true and correct copies of all the documents of the petition and signatures thereon and shall make such copies and signatures available to the public for a period of not less than 14 days.

 


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ê2007 Statutes of Nevada, Page 2543 (Chapter 476, AB 604)ê

 

      Sec. 20.  A petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum may consist of more than one document. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      1.  That he personally circulated the document;

      2.  The number of signatures thereon;

      3.  That all the signatures were affixed in his presence; and

      4.  That each signer had an opportunity before signing to read the full text of the act or resolution on which the initiative or referendum is demanded.

      Sec. 21.  A person shall not give compensation of any kind to any person in exchange for signing a petition for initiative or referendum.

      Secs. 22 and 23.  (Deleted by amendment.)

      Sec. 24.  NRS 295.015 is hereby amended to read as follows:

      295.015  1.  Before a petition for initiative or referendum may be presented to the registered voters for their signatures, a copy of the petition for initiative or referendum, including the description required pursuant to NRS 295.009, must be placed on file with the Secretary of State.

      2.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 [, the] :

      (a) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.

      (b) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.

      3.  Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1, the Secretary of State shall post a copy of the petition, including the description required pursuant to NRS 295.009 , [and] any fiscal note prepared pursuant to subsection 2 [,] and any suggestions made by the Legislative Counsel pursuant to subsection 2, on his Internet website.

      Sec. 25.  NRS 295.095 is hereby amended to read as follows:

      295.095  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

      3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

 


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ê2007 Statutes of Nevada, Page 2544 (Chapter 476, AB 604)ê

 

      4.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the county clerk shall consult with the board to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the board determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the board must prepare a description of the anticipated financial effect and the county clerk shall post a copy of this information on his Internet website, if he maintains one.

      5.  A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk; or

      (b) One hundred and thirty days before the election,

Ê whichever is earlier.

      [5.] 6.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection [4.] 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      [6.] 7.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      [(d) That he believes them to be genuine signatures of the persons whose names they purport to be;] and

      [(e)] (d) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      [7.] 8.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      Sec. 26.  NRS 295.205 is hereby amended to read as follows:

      295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:

      (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form;

      (b) Stating their names and addresses;

      (c) Specifying the address to which all notices to the committee are to be sent; and

      (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

 


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ê2007 Statutes of Nevada, Page 2545 (Chapter 476, AB 604)ê

 

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

      4.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the city clerk shall consult with the council to determine if the initiative or referendum may have any anticipated financial effect on the local government if the initiative or referendum is approved by the voters. If the council determines that the initiative or referendum may have an anticipated financial effect on the local government if the initiative or referendum is approved by the voters, the council must prepare a description of the anticipated financial effect and the city clerk shall post a copy of this information on his Internet website, if he maintains one.

      5.  A petition must be submitted to the city clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than:

      (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk; or

      (b) One hundred and thirty days before the election,

Ê whichever is earlier.

      [5.] 6.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection [4.] 5. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered.

      [6.] 7.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

      (a) That he personally circulated the document;

      (b) The number of signatures thereon;

      (c) That all the signatures were affixed in his presence;

      [(d) That he believes them to be genuine signatures of the persons whose names they purport to be;] and

      [(e)] (d) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      [7.] 8.  The city clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures that the person declares are included in the petition.

      Sec. 27.  NRS 295.217 is hereby amended to read as follows:

      295.217  1.  In a city whose population is 10,000 or more, for each initiative, referendum or other question to be placed on the ballot by the:

      (a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215; or

      (b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,

Ê the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees.

 


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ê2007 Statutes of Nevada, Page 2546 (Chapter 476, AB 604)ê

 

appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

      2.  If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

      3.  With respect to a committee appointed pursuant to this section:

      (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

      (b) Members of the committee serve without compensation.

      (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

      4.  The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  Before the council appoints a committee pursuant to this section, the city clerk shall:

      (a) Recommend to the council persons to be appointed to the committee; and

      (b) Consider recommending pursuant to paragraph (a):

             (1) Any person who has expressed an interest in serving on the committee; and

             (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

      6.  If the council of a city whose population is 10,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chairman for the committee;

      (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

      (c) May seek and consider comments from the general public;

 


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ê2007 Statutes of Nevada, Page 2547 (Chapter 476, AB 604)ê

 

      (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

      (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The anticipated fiscal [impact] effect of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.

      8.  The city clerk of a city whose population is 10,000 or more shall provide, by rule or regulation:

      (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

      (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

      9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

      (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

      (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Ê Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney or other city officer appointed to hear the appeal by the city council. The city attorney or other city officer appointed to hear the appeal shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney or other city officer appointed to hear the appeal shall issue his decision rejecting or accepting the statement. The decision of the city attorney or other city officer appointed to hear the appeal is a final decision for the purposes of judicial review. If the decision of the city attorney or other city officer appointed to hear the appeal is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      10.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

 


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ê2007 Statutes of Nevada, Page 2548 (Chapter 476, AB 604)ê

 

      11.  In a city whose population is less than 10,000:

      (a) The council may appoint committees pursuant to this section.

      (b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 8.

      12.  If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 2 of NRS 293.481.

      Sec. 28.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 477, AB 591

Assembly Bill No. 591–Committee on Education

 

CHAPTER 477

 

AN ACT relating to education; revising provisions governing the sponsorship of charter schools; prescribing the circumstances under which certain charter schools are exempt from annual performance audits and are authorized to receive certain money for facilities; revising provisions regarding the membership of a governing body of a charter school; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the board of trustees of a school district and the State Board of Education may sponsor charter schools. (NRS 386.515) Section 17 of this bill authorizes a college or university within the Nevada System of Higher Education to sponsor charter schools. Sections 1-14, 17-20, 25, 26 and 28 of this bill revise provisions to reflect sponsorship by a college or university.

      Section 15 of this bill sets forth the requirements for a charter school that has been in operation for at least 5 years to be exempt from an annual performance audit and undergo a performance audit every 3 years and to be eligible for available money from legislative appropriation or otherwise for facilities.

      Existing law requires the Department of Education and the sponsor of a charter school to provide certain assistance and information to charter schools. (NRS 386.545) Section 22 of this bill expands the services that a school district must provide if the school district sponsors a charter school.

      Existing law prescribes the membership of the governing body of a charter school, which must consist of at least three teachers licensed to teach in this State. (NRS 386.549) Existing regulation of the Department of Education prohibits more than one member on the governing body representing the same nonprofit organization or business. (NAC 386.345) Section 23 of this bill authorizes a governing body to consist of at least two licensed teachers and one person who previously held a license to teach and prohibits more than two persons who serve on the governing body from representing the same organization or business or otherwise representing the interests of the same organization or business.

 


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ê2007 Statutes of Nevada, Page 2549 (Chapter 477, AB 591)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in [education in] the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall [:

      (a) Report] report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      [(b) For the information that is reported in an aggregated format, include the data that is applicable to] The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district [but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and] , the charter schools sponsored by the State Board [.] and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

 


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ê2007 Statutes of Nevada, Page 2550 (Chapter 477, AB 591)ê

 

             (4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             (5) The percentage of pupils who were not tested;

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (3);

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

 


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ê2007 Statutes of Nevada, Page 2551 (Chapter 477, AB 591)ê

 

schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

 


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ê2007 Statutes of Nevada, Page 2552 (Chapter 477, AB 591)ê

 

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

 


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      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

 


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      (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  NRS 385.349 is hereby amended to read as follows:

      385.349  1.  The board of trustees of each school district shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.347 on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

      (a) The information set forth in subsection 1 of NRS 385.34692, reported for the school district as a whole and for each school within the school district;

      (b) Information on the involvement of parents and legal guardians in the education of their children; and

      (c) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The board of trustees of a school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

 


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      4.  On or before September 7 of each year, the board of trustees of each school district shall:

      (a) Submit the summary in an electronic format to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee;

             (5) Bureau; and

             (6) Schools within the school district.

      (b) Provide for the public dissemination of the summary by posting a copy of the summary on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the summary. The board of trustees of each school district shall ensure that the parents and guardians of pupils enrolled in the school district have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, if any. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the summary.

      5.  The board of trustees of each school district shall [:

      (a) Report] report the information required by this section for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      [(b) For the information that is reported in an aggregated format, include the data that is applicable to] The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district [but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and] , the charter schools sponsored by the State Board [.] and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

      Sec. 3.  NRS 385.3613 is hereby amended to read as follows:

      385.3613  1.  Except as otherwise provided in subsection 2, on or before June 15 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      2.  On or before June 30 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      3.  The determination pursuant to subsection 1 or 2, as applicable, for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Board [.] or the institution that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year.

 


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for a full academic year. On or before June 15 or June 30 of each year, as applicable, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b) [,] or (c), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Board the determination made for each charter school that is sponsored by the State Board.

      (c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

      4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

      5.  In addition to the provisions of subsection 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 6, for each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the subgroup enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that subgroup enrolled in the school who were required to take the examinations.

      6.  If the number of pupils in a particular subgroup who are enrolled in a public school is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 5 based solely upon that particular subgroup.

      (b) The pupils in such a subgroup must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      7.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

      8.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

 


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      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

      Sec. 4.  NRS 385.362 is hereby amended to read as follows:

      385.362  1.  If a public school fails to make adequate yearly progress for 1 year:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district in which the school is located shall ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. For a charter school sponsored by the school district, the board of trustees shall provide the technical assistance to the charter school in conjunction with the governing body of the charter school.

      (b) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall ensure, in conjunction with the governing body of the charter school, that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      2.  If a public school fails to make adequate yearly progress for 1 year, the principal of the school shall ensure that the plan to improve the achievement of pupils enrolled in the school is reviewed, revised and approved in accordance with NRS 385.357.

      Sec. 5.  NRS 385.366 is hereby amended to read as follows:

      385.366  1.  Based upon the information received from the Department pursuant to NRS 385.3613, the board of trustees of each school district shall, on or before July 1 of each year, issue a preliminary designation for each public school in the school district in accordance with the criteria set forth in NRS 385.3623, excluding charter schools sponsored by the State Board [.] or a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary designations for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary designations for all charter schools that are sponsored by the State Board [.] and all charter schools sponsored by a college or university within the Nevada System of Higher Education. The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

      2.  Before making a final designation for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the designation for the school on August 1. If the school is a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the designation for the school on August 1.

      3.  On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final designations made pursuant to this section as follows:

      (a) The determinations and final designations made for all schools in this State to the:

 


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             (1) Governor;

             (2) State Board;

             (3) Committee; and

             (4) Bureau.

      (b) The determinations and final designations made for all schools within a school district to the:

             (1) Superintendent of schools of the school district; and

             (2) Board of trustees of the school district.

      (c) The determination and final designation made for each school to the principal of the school.

      Sec. 6.  NRS 385.3661 is hereby amended to read as follows:

      385.3661  1.  If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the technical assistance partnership established for the school pursuant to this section shall carry out the requirements of NRS 385.3692.

      2.  Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the board of trustees of the school district shall:

      (a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

      (b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

      (c) Establish a technical assistance partnership for the school, with the membership prescribed pursuant to NRS 385.3691.

      3.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

      (a) The governing body of the charter school shall:

             (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382; and

             (2) Establish a technical assistance partnership for the charter school, with the membership prescribed pursuant to NRS 385.3691.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. The provisions of this paragraph do not require the school district to pay for the technical assistance partnership established by the governing body of the charter school.

      (c) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

 


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      4.  In addition to the requirements of subsection 2 or 3, as applicable, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall provide school choice to the parents and guardians of pupils enrolled in the school, including, without limitation, a charter school sponsored by the school district, in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      (b) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      Sec. 7.  NRS 385.3691 is hereby amended to read as follows:

      385.3691  1.  The membership of each technical assistance partnership established by the board of trustees of a school district for a public school pursuant to NRS 385.3661:

      (a) Must consist of:

             (1) At least one employee of the public school for which the partnership is established; and

             (2) At least one representative of the school district.

      (b) May consist of other persons, as determined by the board of trustees, in accordance with the needs of the school based upon the data and information pertaining to that school.

      2.  The membership of each technical assistance partnership established by the governing body of a charter school:

      (a) Must consist of:

             (1) At least one employee of the charter school;

             (2) At least one member of the governing body of the charter school;

             (3) For a charter school sponsored by the board of trustees of the school district, at least one representative of the school district, appointed by the school district; [and]

             (4) For a charter school sponsored by the State Board, at least one representative of the Department, appointed by the Department [.] ; and

             (5) For a charter school sponsored by a college or university within the Nevada System of Higher Education, at least one representative of that institution, appointed by the president of the institution.

      (b) May consist of other persons, as determined by the governing body, in accordance with the needs of the charter school based upon the data and information pertaining to that charter school.

      Sec. 8.  NRS 385.3693 is hereby amended to read as follows:

      385.3693  1.  If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the technical assistance partnership established for the school pursuant to NRS 385.3661 shall carry out the requirements of NRS 385.3692.

      2.  Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the board of trustees of the school district shall:

 


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ê2007 Statutes of Nevada, Page 2561 (Chapter 477, AB 591)ê

 

      (a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

      (b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

      (c) Continue the technical assistance partnership for the school.

      3.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years:

      (a) The governing body of the charter school shall:

             (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

             (2) Continue the technical assistance partnership for the school.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. The provisions of this paragraph do not require the school district to pay for the technical assistance partnership established by the governing body of the charter school.

      (c) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      Sec. 9.  NRS 385.372 is hereby amended to read as follows:

      385.372  1.  In addition to the requirements of NRS 385.3693, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years for failing to make adequate yearly progress:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

             (1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

             (2) Except as otherwise provided in subsection 2, provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      (b) If the school is a charter school:

             (1) Sponsored by the board of trustees of a school district, the board of trustees shall provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

             (2) Sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

 


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             (3) Except as otherwise provided in subsection 3, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      2.  The board of trustees of a school district shall grant a delay from the imposition of supplemental educational services for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the school as if the delay never occurred.

      3.  The sponsor of a charter school shall grant a delay from the imposition of supplemental educational services for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the charter school as if the delay never occurred.

      Sec. 10.  NRS 385.3721 is hereby amended to read as follows:

      385.3721  1.  If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years, the support team established for the school pursuant to this section shall carry out the requirements of NRS 385.3741 and 385.3742.

      2.  Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

      (a) The board of trustees of the school district shall:

             (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

             (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The Department shall establish a support team for the school, with the membership prescribed pursuant to NRS 385.374.

      3.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The Department shall establish a support team for the school, with the membership prescribed pursuant to NRS 385.374.

 


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ê2007 Statutes of Nevada, Page 2563 (Chapter 477, AB 591)ê

 

      Sec. 11.  NRS 385.3741 is hereby amended to read as follows:

      385.3741  1.  Each support team established for a public school pursuant to NRS 385.3721 shall:

      (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

      (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

      (c) Review the most recent plan to improve the achievement of the school’s pupils.

      (d) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

      (e) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

      (f) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department. For a charter school sponsored by a college or university within the Nevada System of Higher Education, the support team shall make the recommendations to the sponsor, the State Board and the Department.

      (g) In accordance with its findings pursuant to this section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

             (1) Comply with NRS 385.357;

             (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

             (3) Include the data and findings of the support team that provide support for the revisions;

             (4) Set forth goals, objectives, tasks and measures for the school that are:

                   (I) Designed to improve the achievement of the school’s pupils;

                   (II) Specific;

                   (III) Measurable; and

                   (IV) Conducive to reliable evaluation;

             (5) Set forth a timeline to carry out the revisions;

             (6) Set forth priorities for the school in carrying out the revisions; and

             (7) Set forth the names and duties of each person who is responsible for carrying out the revisions.

      (h) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school.

 


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ê2007 Statutes of Nevada, Page 2564 (Chapter 477, AB 591)ê

 

school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school. If a charter school is sponsored by a college or university within the Nevada System of Higher Education, that institution shall assist the school with carrying out and monitoring the plan for improvement of the school.

      (i) Prepare a monthly progress report in the format prescribed by the Department and:

             (1) Submit the progress report to the Department.

             (2) Distribute copies of the progress report to each employee of the school for review.

      (j) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

      2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

      3.  The Department shall prescribe a concise monthly progress report for use by each support team in accordance with paragraph (i) of subsection 1.

      Sec. 12.  NRS 385.3743 is hereby amended to read as follows:

      385.3743  1.  In addition to the requirements of NRS 385.3721, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

             (1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

             (2) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law; and

             (3) Except as otherwise provided in subsection 2, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

      (b) If the school is a charter school:

             (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                   (I) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

                   (II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

             (2) Sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall:

                   (I) Work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

 


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ê2007 Statutes of Nevada, Page 2565 (Chapter 477, AB 591)ê

 

                   (II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

             (3) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      2.  The board of trustees of a school district shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

      3.  The sponsor of a charter school shall grant a delay from the imposition of corrective action for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

      Sec. 13.  NRS 385.3745 is hereby amended to read as follows:

      385.3745  1.  If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years, the support team established for the school pursuant to NRS 385.3721 shall carry out the requirements of NRS 385.3741, 385.3742 and 385.3744, as applicable.

      2.  Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

      (a) The board of trustees of the school district shall:

             (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

             (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (b) The Department shall continue a support team for the school.

      3.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

      (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382.

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (c) For a charter school sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

      (d) The Department shall continue a support team for the charter school.

 


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ê2007 Statutes of Nevada, Page 2566 (Chapter 477, AB 591)ê

 

      Sec. 14.  NRS 385.3746 is hereby amended to read as follows:

      385.3746  1.  In addition to the requirements of NRS 385.3745, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

             (1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

             (2) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law; and

             (3) Except as otherwise provided in subsection 2, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

      (b) If the school is a charter school:

             (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                   (I) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

                   (II) Except as otherwise provided in subsection 3, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

             (2) Sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, the Department shall:

                   (I) Work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

                   (II) Except as otherwise provided in subsection 3, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

             (3) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

      2.  The board of trustees of a school district shall grant a delay from the imposition of a plan for restructuring for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the board of trustees shall proceed with a plan for restructuring the school as if the delay never occurred.

      3.  The sponsor of a charter school shall grant a delay from the imposition of a plan for restructuring for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the Department shall proceed with a plan for restructuring the charter school as if the delay never occurred.

      4.  Before the board of trustees of a school district or the Department proceeds with a plan for restructuring, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

 


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ê2007 Statutes of Nevada, Page 2567 (Chapter 477, AB 591)ê

 

Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

      (a) Notice that the board of trustees or the Department, as applicable, will develop a plan for restructuring the school;

      (b) An opportunity to comment before the plan to restructure is developed; and

      (c) An opportunity to participate in the development of the plan to restructure.

      Sec. 15.  Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

      (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation;

      (d) The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

      (e) At least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without showing good cause for such a request.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 16.  NRS 386.500 is hereby amended to read as follows:

      386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and section 15 of this act a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are limited English proficient, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 17.  NRS 386.515 is hereby amended to read as follows:

      386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district.

 


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ê2007 Statutes of Nevada, Page 2568 (Chapter 477, AB 591)ê

 

district. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      2.  The State Board shall sponsor charter schools whose applications have been approved by the State Board pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Board sponsors a charter school, the State Board or the Department is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may sponsor charter schools.

      Sec. 18.  NRS 386.520 is hereby amended to read as follows:

      386.520  1.  A committee to form a charter school must consist of at least three teachers, as defined in subsection 4. In addition to the teachers who serve, the committee may consist of:

      (a) Members of the general public;

      (b) Representatives of nonprofit organizations and businesses; or

      (c) Representatives of a college or university within the Nevada System of Higher Education.

Ê A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this State at the time that the application to form the charter school is submitted to the Department.

      2.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, the Subcommittee on Charter Schools , [or] the State Board [,] or a college or university within the Nevada System of Higher Education, it must submit the application to the Department. The application must include all information prescribed by the Department by regulation and:

      (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive.

      (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

             (1) Improving the opportunities for pupils to learn;

             (2) Encouraging the use of effective methods of teaching;

             (3) Providing an accurate measurement of the educational achievement of pupils;

             (4) Establishing accountability of public schools;

             (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

             (6) Creating new professional opportunities for teachers.

      (c) The projected enrollment of pupils in the charter school.

      (d) The proposed dates of enrollment for the charter school.

      (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

      (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

      (g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

 


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ê2007 Statutes of Nevada, Page 2569 (Chapter 477, AB 591)ê

 

without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

      (h) The textbooks that will be used at the charter school.

      (i) The qualifications of the persons who will provide instruction at the charter school.

      (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

      (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

      (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

      (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

      (n) The time by which certain academic or educational results will be achieved.

      (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

      3.  The Department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, home school or other program of home study into a charter school, the Department shall deny the application. The Department shall provide written notice to the applicant of its approval or denial of the application. If the Department denies an application, the Department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      4.  As used in subsection 1, “teacher” means a person who:

      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 19.  NRS 386.525 is hereby amended to read as follows:

      386.525  1.  Upon approval of an application by the Department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located , a college or university within the Nevada System of Higher Education or directly to the Subcommittee on Charter Schools.

 


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ê2007 Statutes of Nevada, Page 2570 (Chapter 477, AB 591)ê

 

Education or directly to the Subcommittee on Charter Schools. If the board of trustees of a school district , a college or a university, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 45 days after the receipt of the application, or a period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district [,] or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the college, the university, the Subcommittee on Charter Schools or the State Board, as applicable, shall review an application to determine whether the application:

      (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

      (b) Is complete in accordance with the regulations of the Department.

      2.  The Department shall assist the board of trustees of a school district , the college or the university, as applicable, in the review of an application. The board of trustees , the college or the university, as applicable, may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees , the college or the university, as applicable, shall provide written notice to the applicant of its approval or denial of the application.

      3.  If the board of trustees , the college or the university, as applicable, denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      4.  If the board of trustees , the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Board to the Subcommittee on Charter Schools created pursuant to NRS 386.507 not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

      5.  If the Subcommittee on Charter Schools receives an application pursuant to subsection 1 or 4, it shall hold a meeting to consider the application. The meeting must be held not later than 45 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The Subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The Subcommittee may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

      6.  The Subcommittee on Charter Schools shall transmit the application and the recommendation of the Subcommittee for approval or denial of the application to the State Board. Not more than 14 days after the date of the meeting of the Subcommittee pursuant to subsection 5, the State Board shall hold a meeting to consider the recommendation of the Subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The State Board may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the State Board shall provide written notice of its determination to the applicant.

 


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ê2007 Statutes of Nevada, Page 2571 (Chapter 477, AB 591)ê

 

      7.  If the State Board denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      8.  If the State Board denies an application after it has been resubmitted pursuant to subsection 7, the applicant may, not more than 30 days after the receipt of the written notice from the State Board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      9.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

      (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district , [or] the State Board , a college or a university during the immediately preceding biennium;

      (b) The educational focus of each charter school for which an application was submitted;

      (c) The current status of the application; and

      (d) If the application was denied, the reasons for the denial.

      Sec. 20.  NRS 386.527 is hereby amended to read as follows:

      386.527  1.  If the State Board , [or,] the board of trustees of a school district or a college or university within the Nevada System of Higher Education approves an application to form a charter school, it shall grant a written charter to the applicant. The State Board , [or] the board of trustees, the college or the university, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

      2.  If the State Board approves the application:

      (a) The State Board shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      3.  [Upon the initial renewal of a written charter and each renewal thereafter, the] If a college or university within the Nevada System of Higher Education approves the application:

      (a) That institution shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      4.  The governing body of a charter school may request , at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt objective criteria for the conditions under which such a request may be granted.

      [4.] 5.  Except as otherwise provided in subsection [6,] 7, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate.

 


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ê2007 Statutes of Nevada, Page 2572 (Chapter 477, AB 591)ê

 

of operation set forth in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State Board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

      [5.] 6.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and any other statute or regulation applicable to charter schools, the sponsor may amend the written charter in accordance with the proposed amendment. If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.

      [6.] 7.  The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

      (a) Period for which such a written charter is valid; and

      (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

      [7.] 8.  The holder of a written charter that is issued pursuant to subsection [6] 7 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection [6] 7 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

 


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ê2007 Statutes of Nevada, Page 2573 (Chapter 477, AB 591)ê

 

pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

      (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

      (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

      Sec. 21.  NRS 386.540 is hereby amended to read as follows:

      386.540  1.  The Department shall adopt regulations that prescribe:

      (a) The process for submission of an application by the board of trustees of a school district to the Department for authorization to sponsor charter schools and the contents of the application;

      (b) The process for submission of an application to form a charter school to the Department, the board of trustees of a school district and the Subcommittee on Charter Schools, and the contents of the application;

      (c) The process for submission of an application to renew a written charter; and

      (d) The criteria and type of investigation that must be applied by the board of trustees, the Subcommittee on Charter Schools and the State Board in determining whether to approve an application to form a charter school or an application to renew a written charter.

      2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, including, without limitation, regulations that prescribe the [procedures] :

      (a) Procedures for accounting [,] and budgeting [and annual audits] ;

      (b) Requirements for performance audits and financial audits of charter schools [.] on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of section 15 of this act; and

      (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of section 15 of this act.

      Sec. 22.  NRS 386.545 is hereby amended to read as follows:

      386.545  1.  The Department and the board of trustees of a school district shall:

      (a) Upon request, provide information to the general public concerning the formation and operation of charter schools; and

      (b) Maintain a list available for public inspection that describes the location of each charter school.

      2.  The sponsor of a charter school shall:

      (a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive;

      (b) Provide technical and other reasonable assistance to a charter school for the operation of the charter school; [and]

      (c) Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government [.] ; and

 


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ê2007 Statutes of Nevada, Page 2574 (Chapter 477, AB 591)ê

 

      (d) Provide timely access to the electronic data concerning the pupils enrolled in the charter school that is maintained pursuant to NRS 386.650.

      3.  If the board of trustees of a school district is the sponsor of a charter school, the sponsor shall:

      (a) Provide the charter school with an updated list of available substitute teachers within the school district.

      (b) Provide access to school buses for use by the charter school for field trips. The school district may charge a reasonable fee for the use of the school buses.

      (c) If the school district offers summer school or Internet-based credit recovery classes, allow the pupils enrolled in the charter school to participate if space is available. The school district shall apply the same fees, if any, for participation of the pupils enrolled in the charter school as it applies to pupils enrolled in the school district.

      4.  The Department shall provide appropriate information, education and training for charter schools and the governing bodies of charter schools concerning the applicable provisions of title 34 of NRS and other laws and regulations that affect charter schools and the governing bodies of charter schools.

      Sec. 23.  NRS 386.549 is hereby amended to read as follows:

      386.549  1.  The governing body of a charter school [must] :

      (a) Must consist of [at] :

             (1) At least three teachers, as defined in subsection [4, and may] 5; or

             (2) Two teachers, as defined in subsection 5, and one person who previously held a license to teach issued pursuant to chapter 391 of NRS as long as his license was held in good standing, including, without limitation, a retired teacher.

      (b) May consist of, without limitation, parents and representatives of nonprofit organizations and businesses. Not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

      2.  A person may serve on the governing body only if he submits an affidavit to the Department indicating that the person:

      (a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

      (b) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the person by the Department.

      [2.] 3.  The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

      [3.] 4.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.

      [4.] 5.  As used in subsection 1, “teacher” means a person who:

 


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ê2007 Statutes of Nevada, Page 2575 (Chapter 477, AB 591)ê

 

      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 24.  NRS 386.560 is hereby amended to read as follows:

      386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the Nevada System of Higher Education for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation [and] , the provision of health services for the pupils who are enrolled in the charter school [.] and the provision of school police officers.

      2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

      3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

      4.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

      (a) Space for the pupil in the class or extracurricular activity is available; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

      5.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

      (a) Space is available for the pupil to participate; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

Ê If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

 


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ê2007 Statutes of Nevada, Page 2576 (Chapter 477, AB 591)ê

 

      6.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      Sec. 25.  NRS 386.570 is hereby amended to read as follows:

      386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose.

      2.  All money received by the charter school from this State or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

      3.  Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. The request must include an itemized list of those costs. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district [,] if the board of trustees sponsors the charter school, [or] to the Department if the State Board sponsors the charter school [.] or to the college or university within the Nevada System of Higher Education if that institution sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to this subsection for administrative expenses in 1 school year must not exceed:

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      4.  If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

 


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ê2007 Statutes of Nevada, Page 2577 (Chapter 477, AB 591)ê

 

of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      5.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

      6.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

      7.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

      8.  If a charter school uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

      Sec. 26.  NRS 386.610 is hereby amended to read as follows:

      386.610  1.  On or before August 15 of each year, if the board of trustees of a school district or a college or university within the Nevada System of Higher Education sponsors a charter school, the board of trustees or the institution, as applicable, shall submit a written report to the State Board. The written report must include:

      (a) An evaluation of the progress of each charter school sponsored by the board of trustees or institution, as applicable, in achieving its educational goals and objectives.

      (b) A description of all administrative support and services provided by the school district or institution, as applicable, to the charter school.

 


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ê2007 Statutes of Nevada, Page 2578 (Chapter 477, AB 591)ê

 

      2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

      Sec. 27.  (Deleted by amendment.)

      Sec. 28.  NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by NRS 388.854, the Superintendent of Public Instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

      2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

      3.  The apportionment to a charter school that is sponsored by the State Board [,] or a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides, minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school.

      4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable.

 


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ê2007 Statutes of Nevada, Page 2579 (Chapter 477, AB 591)ê

 

time in the program if an agreement is filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

      5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

      6.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

      7.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

      Secs. 29 and 30.  (Deleted by amendment.)

      Sec. 31.  Section 2 of Assembly Bill No. 334 of this Session is hereby amended to read as follows:

      Sec. 2.  There is hereby created a school district to be designated as the Charter School District for State Board-Sponsored Charter Schools and Nevada System of Higher Education-Sponsored Charter Schools. The School District comprises only those charter schools that are sponsored by the State Board or sponsored by a college or university within the Nevada System of Higher Education. The State Board is hereby deemed the board of trustees of the School District. The School District is created for the sole purpose of providing local educational agency status to the District for purposes of federal law governing charter schools.

      Sec. 32.  1.  This section and section 31 of this act become effective upon passage and approval.

      2.  Sections 1 to 30, inclusive, of this act become effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2580ê

 

CHAPTER 478, AB 569

Assembly Bill No. 569–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 478

 

AN ACT relating to elections; eliminating various provisions concerning supplies that are no longer used in elections; regulating the process for rescinding a withdrawal of candidacy; making various changes regarding early voting; providing a deadline by which a regulation of the Secretary of State must be effective to be applicable to a particular election; providing for when certain offices must be declared elected and no election held for the office; making certain changes concerning the official record for a recount; making various changes to the provisions governing absent ballots; making various changes concerning questions placed on a ballot; making various other changes; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law in chapters 293, 293B and 293C of NRS refers to the use of pollbooks and to mechanical voting systems whereby a voter may cast his vote by punching a card. Sections 5, 6, 9, 16, 18, 20, 23, 25, 26, 28, 29, 31-35, 37, 40-44, 46, 47, 50, 55-59, 61-64, 66, 67, 69-72, 74-78, 80, 82-87, 89-95 and 97-99 of this bill eliminate references to the use of pollbooks or to a voter punching a card or casting his ballot with a punch card and to any procedures concerning the use of such supplies, as these supplies and systems are no longer in use in elections in this State. Section 101 of this bill repeals many sections that deal exclusively with these supplies and systems.

      Existing law authorizes and provides a procedure for a candidate to withdraw his candidacy, but makes no provision for the manner in which a candidate may rescind after he has withdrawn his declaration of candidacy. (NRS 293.202) Section 11 of this bill creates a procedure for a candidate to rescind his withdrawal of candidacy.

      Existing law requires the Secretary of State to adopt regulations governing the conduct of elections. (NRS 293.247) Sections 17 and 96 of this bill provide that only permanent regulations of the Secretary of State that are effective on or before December 31 of the year immediately preceding a primary, general, special or district election govern the conduct of that election.

      Existing law provides that when no more than the number of candidates to be elected have filed for nomination for most nonpartisan offices, the names of the candidates must still appear on the ballot for the primary election. (NRS 293.260) Sections 19 and 100 change that requirement to provide that for the office of member of a town advisory board and for certain offices on the Board of Governors of the Elko Convention and Visitors Authority, in such a situation those candidates must be declared elected and no election may be held for that office.

      Existing law requires that mechanical recording devices which directly record votes electronically must provide a permanent paper record that must be available as an official record for a recount. (NRS 293.2696, 293B.084) Sections 24 and 57 of this bill eliminate the requirement that the permanent paper records be available as an official record for a recount.

      Existing law specifies the procedure for county and city clerks to process absent ballots returned by mail or in person. (NRS 293.325, 293C.325) Sections 30 and 73 of this bill make revisions to clarify the procedure.

 


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ê2007 Statutes of Nevada, Page 2581 (Chapter 478, AB 569)ê

 

      Existing law specifies the procedure and timing for the appropriate counting board to remove absent ballots from ballot boxes for the purpose of counting them. (NRS 293.384, 293.385, 293C.382, 293C.385) Sections 45, 46, 88 and 89 of this bill revise the timing to provide that the appropriate counting board may remove the absent ballots from the ballot boxes or containers 3 working days earlier than the current provisions allow.

      Existing law authorizes and sets forth a procedure for the governing body of a political subdivision or other local agency to submit a question to the qualified electors or registered voters of a designated territory. (NRS 293.481) Section 51 of this bill requires a county clerk to assign a unique identification number to such a question and creates a procedure for such a governing body to withdraw a question that was properly submitted to a county or city clerk.

      Existing law requires the use of voting receipts and specifies that such voting receipts have two parts. (NRS 293.2673, 293.3585, 293.3604, 293B.300, 293B.305, 293C.261, 293C.3585, 293C.3604, 293C.620) Sections 22, 37, 38, 60, 61, 68, 80, 81 and 91 of this bill change these provisions to make the use of voting receipts optional at the discretion of the county or city clerk. These sections of the bill also eliminate the requirement that the voting receipts have two parts.

      Section 101 of this bill repeals the section that requires the Secretary of State to publish a pamphlet describing the requirements for filing and circulating an initiative petition and several other sections dealing with obsolete election procedures. (NRS 293.12756)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Ballot box” means a box that is capable of being secured and is used to receive the voted ballots.

      Sec. 3.  “Provisional ballot” means a ballot voted by a person pursuant to NRS 293.3081 to 293.3086, inclusive.

      Sec. 4.  NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 293.025 is hereby amended to read as follows:

      293.025  “Ballot” means the record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which he places his vote [, a punch card which records the vote of a voter] and electronic storage tapes.

      Sec. 6.  NRS 293.040 is hereby amended to read as follows:

      293.040  “Clerk” means the election board officer designated or assigned to make the record of the election in the [pollbook,] roster, tally list and challenge list in the precinct or district in which such officer is appointed.

      Sec. 7.  NRS 293.093 is hereby amended to read as follows:

      293.093  “Regular votes” means the votes cast by registered voters, except votes cast by absent ballot or provisional ballot.

      Sec. 8.  NRS 293.097 is hereby amended to read as follows:

      293.097  “Sample ballot” means a document distributed by a county or city clerk upon which is printed a [facsimile of] list of the offices, candidates and ballot questions that will appear on a ballot. The term includes any such document which is printed by a computer.

 


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ê2007 Statutes of Nevada, Page 2582 (Chapter 478, AB 569)ê

 

      Sec. 9.  NRS 293.113 is hereby amended to read as follows:

      293.113  “Tally list” [or “tally book”] means the [forms] form furnished to election board officers to be used in [tallying or] recording the number of votes cast for each candidate and question on the ballot . [as such votes are called in counting.]

      Sec. 10.  NRS 293.12757 is hereby amended to read as follows:

      293.12757  A person may sign a petition required under the election laws of this State on or after the date he is deemed to be registered to vote pursuant to [subsection 5 of] NRS 293.517 or subsection 7 of NRS 293.5235.

      Sec. 11.  NRS 293.202 is hereby amended to read as follows:

      293.202  1.  A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office. If the withdrawal of candidacy is submitted in a timely manner pursuant to the provisions of this subsection, it shall be deemed effective after the seventh day, excluding Saturdays, Sundays and holidays, after the last day for filing.

      2.  A rescission of a withdrawal of candidacy must be in writing and presented by the candidate in person, within the 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.

      Sec. 12.  NRS 293.207 is hereby amended to read as follows:

      293.207  1.  Election precincts must be established on the basis of the number of registered voters therein, with a maximum [of 600 registered voters per precinct in those precincts in which paper ballots are used, or a maximum] of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.

      2.  Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.

      3.  If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:

      (a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and

      (b) Mailed to each Assemblyman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.

      4.  A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.

      Sec. 13.  NRS 293.213 is hereby amended to read as follows:

      293.213  1.  Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish that precinct as a mailing precinct . [, and shall forthwith mail notification to the field registrar for that precinct.]

      2.  Except as otherwise provided in NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts.

 


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ê2007 Statutes of Nevada, Page 2583 (Chapter 478, AB 569)ê

 

abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts. Those mailing precincts must be designated absent ballot mailing precincts.

      3.  In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.

      4.  The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:

      (a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and

      (b) Mailed to each Assemblyman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the action.

      Sec. 14.  NRS 293.217 is hereby amended to read as follows:

      293.217  1.  The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to [293.245,] 293.243, inclusive, and 293.384 . [, and shall conclude those duties no later than 31 days before the election.] The registered voters appointed as election board officers for any precinct or district must not all be of the same political party. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:

      (a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or

      (b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for his services rendered as a deputy sheriff during the election for which he is deputized.

Ê Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.

      2.  The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175.

      Sec. 15.  NRS 293.227 is hereby amended to read as follows:

      293.227  1.  Each election board [consists of at least three members, one of whom must be] must have one member designated as the chairman by the county or city clerk. The election boards shall make the records of election required by this chapter.

      2.  The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine the number of members on the election board, but under no circumstances may:

      (a) The election board of any precinct include more than one trainee; or

      (b) A trainee serve as chairman of the election board.

      3.  The county or city clerk shall conduct or cause to be conducted [, at least 5 days before the date of the election for which the boards are appointed,] a school to acquaint the [chairmen] members of an election board with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards.

 


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ê2007 Statutes of Nevada, Page 2584 (Chapter 478, AB 569)ê

 

board with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards. [If the person appointed chairman is unable for any reason to attend the school, he shall appoint some other member of his election board to attend the school in his stead.]

      4.  The board of county commissioners of any county or the city council of any city may reimburse the [chairmen or their designees] members of an election board who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.

      [5.  Each chairman shall instruct his board before election day.]

      Sec. 16.  NRS 293.230 is hereby amended to read as follows:

      293.230  [1.  In precincts or districts where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county clerk.

      2.]  Except as otherwise provided in NRS 293.235, one election board must be appointed by the county clerk for all mailing precincts within the county and must be designated the central election board. The county clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.

      Sec. 17.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election that are effective on or before December 31 of the year immediately preceding a primary, general, special or district election govern the conduct of that election.

      2.  The Secretary of State shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy and any petition which is filed pursuant to the general election laws of this State.

      [2.] 3.  The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests [;] , including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;

      (l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

 


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ê2007 Statutes of Nevada, Page 2585 (Chapter 478, AB 569)ê

 

      (m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      (n) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;

      (o) The procedures to be used for the disposition of absent ballots in case of an emergency;

      [(o)] (p) The forms for applications to register to vote and any other forms necessary for the administration of this title; and

      [(p)] (q) Such other matters as determined necessary by the Secretary of State.

      [3.] 4.  The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.

      [4.] 5.  The Secretary of State shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this State;

      (b) Interpretations issued by the Secretary of State’s Office; and

      (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.

      Sec. 18.  NRS 293.250 is hereby amended to read as follows:

      293.250  1.  The Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, [pollbooks,] registers, rosters, statements and abstracts required by the election laws of this State.

      (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

      2.  The Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

      3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau.

 


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ê2007 Statutes of Nevada, Page 2586 (Chapter 478, AB 569)ê

 

or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  A county clerk:

      (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 19.  NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

      2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:

      (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.

      (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.  Where no more than the number of candidates to be elected have filed for nomination for:

      (a) Any partisan office or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election; [and]

      (b) Any nonpartisan office, other than the office of justice of the Supreme Court [,] or the office of member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165.

 


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ê2007 Statutes of Nevada, Page 2587 (Chapter 478, AB 569)ê

 

names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, he must be declared elected to the office and his name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his name must be placed on the ballot for the general election [.] ; and

      (c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.

      6.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 20.  NRS 293.262 is hereby amended to read as follows:

      293.262  An absent ballot or a ballot voted by a voter who resides in a mailing precinct must be voted:

      1.  On a paper ballot [:

      2.  On a ballot which is voted by punching a card; or

      3.] ; or

      2.  By any other system authorized by state or federal law.

      Sec. 21.  NRS 293.265 is hereby amended to read as follows:

      293.265  On nonpartisan primary ballots, there must appear at the top of the ballot the designation [“Candidates for] “ Nonpartisan Offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the nonpartisan office for which those candidates filed.

      Sec. 22.  NRS 293.2673 is hereby amended to read as follows:

      293.2673  1.  A ballot prepared for use in an election in this State must be dated and marked in such a manner as to indicate clearly at which election the ballot will be used.

      2.  If a ballot includes a detachable stub, both the ballot and the stub must include the date of the election and indicate clearly at which election the ballot will be used.

      3.  If a ballot includes a voting receipt , [which has two parts, each part of] the voting receipt must include the date of the election and indicate clearly at which election the [ballot will be used.] voter cast his ballot.

      Sec. 23.  NRS 293.2693 is hereby amended to read as follows:

      293.2693  If a county or city uses paper ballots [or punch cards] in an election, including, without limitation, for absent ballots and ballots voted in a mailing precinct, the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.

      Sec. 24.  NRS 293.2696 is hereby amended to read as follows:

      293.2696  The Secretary of State and each county and city clerk shall ensure that each voting system used in this State:

      1.  Secures to each voter privacy and independence in the act of voting, including, without limitation, confidentiality of the ballot of the voter;

 


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ê2007 Statutes of Nevada, Page 2588 (Chapter 478, AB 569)ê

 

      2.  Allows each voter to verify privately and independently the votes selected by the voter on the ballot before the ballot is cast and counted;

      3.  Provides each voter with the opportunity, in a private and independent manner, to change the ballot and to correct any error before the ballot is cast and counted, including, without limitation, the opportunity to correct an error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct the error;

      4.  Provides a permanent paper record with a manual audit capacity ; [which must be available as an official record for a recount;] and

      5.  Meets or exceeds the standards for voting systems established by the Federal Election Commission, including, without limitation, the error rate standards.

      Sec. 25.  NRS 293.285 is hereby amended to read as follows:

      293.285  [1.]  A registered voter applying to vote shall state his name to the election board officer in charge of the election board register and the officer shall immediately announce the name and take the registered voter’s signature. [After a registered voter is properly identified at a polling place where paper ballots are used, one partisan ballot and, if required, one nonpartisan ballot, correctly folded must be given to the voter and the number of the ballot or ballots must be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot or ballots.

      2.  In pollbooks in which voters’ names have been entered, election officers may indicate the application to vote without writing the name.]

      Sec. 26.  NRS 293.297 is hereby amended to read as follows:

      293.297  [1.  Except as otherwise provided in subsection 2:

      (a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.

      (b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.

      (c) Each spoiled ballot returned must be cancelled by writing the word “Cancelled” across the back of the ballot. A spoiled paper ballot must be cancelled without unfolding it.

      (d) A record must be made of those cancelled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the appropriate county clerk with the election supplies.

      2.  If ballots which are voted on a] A mechanical recording device which directly records [the] votes electronically [are used,] must allow the voter [must be able] to change his vote before the mechanical recording device permanently records that vote.

      Sec. 27.  NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct [or district] upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election . [; or] A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

 


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ê2007 Statutes of Nevada, Page 2589 (Chapter 478, AB 569)ê

 

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;

      (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

      (c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

      (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

      3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

      5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.

      6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.

      8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years of age who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

 


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ê2007 Statutes of Nevada, Page 2590 (Chapter 478, AB 569)ê

 

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

      9.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      Sec. 28.  NRS 293.304 is hereby amended to read as follows:

      293.304  1.  If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses to provide an affirmation pursuant to NRS 293.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The county clerk of each county shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in [:

      (a) A special ballot box if the ballots are paper ballots or ballots which are voted by punching a card; or

      (b) A] a special sealed container if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may place his vote only for the following offices and questions:

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the State may vote;

      (d) All officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all voters of the county or State.

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and [:

      (a) If the ballots are paper ballots or ballots which are voted by punching a card, maintained in a separate ballot box; or

      (b) If] , if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically, maintained in a separate sealed container [,

Ê] until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      Sec. 29.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base:

 


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ê2007 Statutes of Nevada, Page 2591 (Chapter 478, AB 569)ê

 

boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base:

      (a) [Except as otherwise provided in paragraph (b):

             (1)] An absent ballot;

             [(2)] (b) A return envelope;

             [(3) Supplies for marking the ballot;

             (4)] (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

             [(5) Instructions.

      (b) In those counties using a mechanical voting system whereby a vote is cast by punching a card:

             (1) A card attached to a sheet of foam plastic or similar backing material;

             (2) A return envelope;

             (3) A punching instrument;

             (4) A sample ballot;

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6)] (d) Instructions.

      2.  If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter shall mail his absent ballot to the county clerk.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2.

      5.  Before depositing a ballot in the [mails] mail or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 30.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in [subsections 2 and 3,] subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the [mails] mail or in person, and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If [the county clerk has appointed] an absent ballot central counting board [, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. At the end of each day before election day, the county clerk may remove the ballots from each ballot box and neatly stack the ballots in a container.

 


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ê2007 Statutes of Nevada, Page 2592 (Chapter 478, AB 569)ê

 

and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the county clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

      3.  If the county uses a mechanical voting system, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and] has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail or in person, the county clerk shall check the signature on the return envelope against the original signature of the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. [Except as otherwise provided in this subsection, on election day the county clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the county uses a mechanical voting system and the county clerk has appointed an absent ballot central counting board, the county clerk may, not] Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for [tabulation] counting pursuant to the procedures established by the Secretary of State [.] to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

      Sec. 31.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it [, if it is a paper ballot, or punch it, if the ballot is voted by punching a card,] in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the county clerk, he must mark [or punch] the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

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

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

 


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ê2007 Statutes of Nevada, Page 2593 (Chapter 478, AB 569)ê

 

      4.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 32.  NRS 293.333 is hereby amended to read as follows:

      293.333  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot [,] and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the [pollbook] roster opposite the name of the voter the word “Voted.”

      Sec. 33.  NRS 293.350 is hereby amended to read as follows:

      293.350  1.  The county clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  [Except as otherwise provided in subsection 3, the] The ballot must be accompanied by:

      (a) [Supplies for marking the ballot;

      (b)] A return envelope;

      [(c)] (b) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      [(d)] (c) A sample ballot; and

      [(e)] (d) Instructions regarding the manner of marking and returning the ballot.

      [3.  In those counties using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

 


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ê2007 Statutes of Nevada, Page 2594 (Chapter 478, AB 569)ê

 

      (e) A sample ballot; and

      (f) Instructions regarding the manner of punching and returning the card.]

      Sec. 34.  NRS 293.353 is hereby amended to read as follows:

      293.353  Upon receipt of a mailing ballot from the county clerk, the registered voter must:

      1.  [Except as otherwise provided in subsection 2:

      (a)] Immediately after opening the envelope, mark and fold the ballot;

      [(b)] 2.  Place the ballot in the return envelope;

      [(c)] 3.  Affix his signature on the back of the envelope; and

      [(d)] 4.  Mail or deliver the envelope to the county clerk.

      [2.  In those counties using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county clerk.]

      Sec. 35.  NRS 293.356 is hereby amended to read as follows:

      293.356  If a request is made to vote early by a registered voter in person, the election board shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of a polling place for early voting established pursuant to NRS 293.3564 or 293.3572 . [and returned to the election board. If the ballot is a paper ballot, a ballot which is voted by punching a card or a ballot which is voted by any other system authorized by state or federal law, the election board shall follow the same procedure as in the case of absent ballots received by mail.]

      Sec. 36.  NRS 293.3568 is hereby amended to read as follows:

      293.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a primary or general election and extends through the Friday before election day, Sundays and holidays excepted.

      2.  The county clerk may:

      (a) Include any Sunday or holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 6 p.m. , or until 8 p.m. if the county clerk so requires.

      (b) On any Saturday that falls within the period for early voting, [from] for at least 4 hours between 10 a.m. [until] and 6 p.m.

      (c) If the county clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.

      Sec. 37.  NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original application to register to vote or facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

 


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ê2007 Statutes of Nevada, Page 2595 (Chapter 478, AB 569)ê

 

      2.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number; and

      (c) The date of voting early in person.

      4.  When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  [If the ballot is voted by punching a card, the deputy clerk for early voting shall:

      (a) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on the card;

      (b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.]  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on [each part of] the voting receipt [;

      (c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and

      (d)] , if the county clerk uses voting receipts; and

      (c) Allow the voter to cast his vote.

      [7.] 6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 38.  NRS 293.3604 is hereby amended to read as follows:

      293.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number of the precinct or voting district;

             (3) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (4) The number of ballots voted on the mechanical recording device for that day; and

             (5) The number of signatures in the roster for early voting for that day . [; and

             (6) The number of voting receipts retained pursuant to NRS 293.3585 for that day.]

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293.3594; and

 


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ê2007 Statutes of Nevada, Page 2596 (Chapter 478, AB 569)ê

 

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.

      2.  At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) [The voting receipts retained pursuant to NRS 293.3585;

      (c)] The voting rosters used for early voting;

      [(d)] (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      [(e)] (d) Any other items as determined by the county clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Sort the items by precinct or voting district;

      (b) Count the number of ballots voted by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

      (d) Place the items in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the items to the central counting place.

      Sec. 39.  NRS 293.3625 is hereby amended to read as follows:

      293.3625  The county clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.304, 293.325, [293.3602,] 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.

      Sec. 40.  NRS 293.363 is hereby amended to read as follows:

      293.363  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots , [or ballots which are voted by punching a card,] the counting board shall prepare in the following manner:

      1.  [The pollbooks must be compared and errors corrected until the books agree.

      2.]  The container that holds the ballots, or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If [, on comparison of the count with the pollbook,] a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      [3.] 2.  If the ballots in the container or box are found to exceed in number the number of names as are indicated on the [pollbooks,] roster as having voted, the ballots must be replaced in the container or box, and a counting board officer, with his back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.

 


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ê2007 Statutes of Nevada, Page 2597 (Chapter 478, AB 569)ê

 

ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.

      [4.] 3.  When it has been ascertained that [the pollbook and] the number of ballots [agree] agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 41.  NRS 293.367 is hereby amended to read as follows:

      293.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  The regulations for counting ballots must include provisions that:

      (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.

      (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      [(f) In counties where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.]

      Sec. 42.  NRS 293.3677 is hereby amended to read as follows:

      293.3677  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

      2.  [Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a vote on the ballot must not be counted unless indicated by a cross in the designated square.

      3.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

      (a) A chip on the card must be counted as a vote if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

 


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ê2007 Statutes of Nevada, Page 2598 (Chapter 478, AB 569)ê

 

      (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

      4.]  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

      (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

      (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

      [5.] 3.  The Secretary of State:

      (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2 ; [, 3 or 4;] and

      (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this State that is not described in subsection 2, [3 or 4,] including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

      Sec. 43.  NRS 293.370 is hereby amended to read as follows:

      293.370  1.  When all the votes have been [tallied,] counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.

      2.  The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:

      (a) A primary election held in an even-numbered year; or

      (b) A general election.

      Sec. 44.  NRS 293.373 is hereby amended to read as follows:

      293.373  If paper ballots [or ballots which are voted by punching a card] are used:

      1.  After the [tally lists] ballots have been [completed,] counted, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county clerk.

      2.  The other [pollbooks,] rosters, tally lists and election board register must be returned to the county clerk.

      Sec. 45.  NRS 293.384 is hereby amended to read as follows:

      293.384  1.  [Beginning at 8 a.m. on the day] Not earlier than 4 working days before the [day of an] election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots from each ballot box or container that holds absent ballots received before that day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ record.

 


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ê2007 Statutes of Nevada, Page 2599 (Chapter 478, AB 569)ê

 

      2.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      Sec. 46.  NRS 293.385 is hereby amended to read as follows:

      293.385  1.  [After 8 a.m. on election day,] Each day after the initial withdrawal of the ballots pursuant to NRS 293.384 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county clerk on election day pursuant to NRS 293.316, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

      3.  [After 8 a.m. on election day,] Not earlier than 4 working days before the election, the appropriate board shall , [count] in public , count the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. [If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct.] The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 47.  NRS 293.391 is hereby amended to read as follows:

      293.391  1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, [voting receipts,] records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists [and pollbooks] collected pursuant to NRS 293B.400 must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The [pollbooks] rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

 


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ê2007 Statutes of Nevada, Page 2600 (Chapter 478, AB 569)ê

 

county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

      4.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.

      5.  The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.

      Sec. 48.  NRS 293.440 is hereby amended to read as follows:

      293.440  1.  Any person who desires a copy of any list of the persons who are registered to vote in any precinct, district or county may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to 1 cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided both to the state [or] central committee of any major political party and to the county central committee of any major political party [or] , and to the executive committee of any minor political party upon request, without charge.

      2.  Except as otherwise provided in NRS 293.5002 and 293.558, the copy of the list provided pursuant to this section must indicate the address, date of birth, telephone number and the serial number on each application to register to vote. If the county maintains this information in a computer database, the date of the most recent addition or revision to an entry, if made on or after July 1, 1989, must be included in the database and on any resulting list of the information. The date must be expressed numerically in the order of month, day and year.

      3.  A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.

      4.  A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state central committee or county central committee of any major political party or the executive committee of any minor political party which has filed a certificate of existence with the Secretary of State, record for [that] both the state central committee and the county central committee [or] of the major political party, if requested, and for the executive committee of the minor political party, if requested, on magnetic tape or diskette supplied by it:

      (a) The list of persons who are registered to vote and the information required in subsection 2; and

      (b) Not more than four times per year, as requested by the state or county central committee or the executive committee:

             (1) A complete list of the persons who are registered to vote with a notation for the most recent entry of the date on which the entry or the latest change in the information was made; or

             (2) A list that includes additions and revisions made to the list of persons who are registered to vote after a date specified by the state or county central committee or the executive committee.

      5.  If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.

 


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ê2007 Statutes of Nevada, Page 2601 (Chapter 478, AB 569)ê

 

      6.  Any state or county central committee of a major political party, any executive committee of a minor political party or any member or representative of such a central committee or executive committee who receives without charge a list of the persons who are registered to vote in any precinct, district or county pursuant to this section shall not:

      (a) Use the list for any purpose that is not related to an election; or

      (b) Sell the list for compensation or other valuable consideration.

      Sec. 49.  NRS 293.443 is hereby amended to read as follows:

      293.443  1.  Except as otherwise provided in subsection 3, the expense of providing all ballots, forms and other supplies to be used at any election regulated by this chapter or chapter 293C of NRS and all expenses necessarily incurred in the preparation for, or the conduct of, any such election is a charge upon the municipality, county, district or State, as the case may be.

      2.  The county or city clerk may submit the printing of ballots for competitive bidding.

      3.  If a political party or other entity requests more than 50 applications to register to vote by mail [,] in any 12-month period, the clerk may assess a charge, not to exceed the cost of printing the applications . [, for each application requested in excess of 50.]

      Sec. 50.  NRS 293.462 is hereby amended to read as follows:

      293.462  1.  Each container used to transport official ballots pursuant to NRS 293.304, 293.325, [293.3602,] 293B.330 and 293B.335 must:

      (a) Be constructed of metal or any other rigid material; and

      (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

      2.  The container and seal must be separately numbered for identification.

      Sec. 51.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide to each county clerk within the designated territory on or before the third Monday in July preceding the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.

      (b) At a primary election, shall provide to each county clerk within the designated territory on or before the second Friday after the first Monday in May preceding the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.

      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:

 


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ê2007 Statutes of Nevada, Page 2602 (Chapter 478, AB 569)ê

 

connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide to the city clerk at least 60 days before the election:

             (1) A copy of the question, including an explanation of the question;

             (2) Arguments for and against the question; and

             (3) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4 of NRS 293.482.

      2.  A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.

      3.  A question that is submitted pursuant to subsection 1 may be withdrawn if the governing body provides notification to each of the county or city clerks within the designated territory of its decision to withdraw the particular question on or before the same dates specified for submission pursuant to paragraph (a), (b), (c) or (d) of subsection 1, as appropriate.

      4.  A county or city clerk [may] :

      (a) Shall assign a unique identification number to a question submitted pursuant to this section; and

      (b) May charge any political subdivision, public or quasi-public corporation, or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation, arguments and fiscal note on the ballot.

      Sec. 52.  NRS 293.507 is hereby amended to read as follows:

      293.507  1.  The Secretary of State shall prescribe:

      (a) A standard form for applications to register to vote; [and]

      (b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer [.] ; and

      (c) A standard form for the affidavit described in subsection 5.

      2.  The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the Secretary of State.

      3.  Each form for an application to register to vote must include a:

      (a) Unique control number assigned by the Secretary of State; and

      (b) Receipt which:

             (1) Includes a space for a person assisting [a voter] an applicant in completing the form to enter his name; and

             (2) May be retained by the applicant upon completion of the form.

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

 


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ê2007 Statutes of Nevada, Page 2603 (Chapter 478, AB 569)ê

 

      (a) A line for use by the [county clerk] applicant to enter:

             (1) The number indicated on the [voter’s] applicant’s current and valid driver’s license issued by the Department of Motor Vehicles, if the [voter] applicant has such a driver’s license;

             (2) The last four digits of the [voter’s] applicant’s social security number, if the [voter] applicant does not have a driver’s license issued by the Department of Motor Vehicles and does have a social security number; or

             (3) The number issued to the [voter] applicant pursuant to subsection 5, if the [voter] applicant does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number.

      (b) A line on which to enter the address at which the [voter] applicant actually resides, as set forth in NRS 293.486.

      (c) A notice that the [voter] applicant may not list a business as the address required pursuant to paragraph (b) unless he actually resides there.

      (d) A line on which to enter an address at which the [voter] applicant may receive mail, including, without limitation, a post office box or general delivery.

      5.  If [a voter] an applicant does not have the identification set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the [voter] applicant shall sign an affidavit stating that he does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number. Upon receipt of the affidavit, the county clerk shall issue an identification number to the [voter] applicant which must be the same number as the unique identifier assigned to the [voter] applicant for purposes of the statewide voter registration list.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsections 3, 4 and 5.

      Sec. 53.  NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any elector residing within the county may register:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote, giving true and satisfactory answers to all questions relevant to his identity and right to vote, and providing proof of his residence and identity;

      (b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;

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

      (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him. If the applicant registers to vote pursuant to this subsection and fails to provide proof of his residence and identity, the applicant must provide proof of his residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083.

      2.  The application to register to vote must be signed and verified under penalty of perjury by the elector registering.

      3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

 


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ê2007 Statutes of Nevada, Page 2604 (Chapter 478, AB 569)ê

 

      4.  An elector who is registered and changes his name must complete a new application to register to vote. He may obtain a new application:

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

      (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

      (d) At any voter registration agency.

Ê If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      5.  [An] Except as otherwise provided in subsection 7, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.

      6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote [,] pursuant to NRS 293.485, he shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      7.  If an elector submits an application to register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application to register to vote if he believes that because of such handwritten additions, erasures or interlineations, the application to register to vote of the elector is incomplete or that the elector is not eligible to vote pursuant to NRS 293.485. If the county clerk objects pursuant to this subsection, he shall immediately notify the elector and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk whether:

      (a) The application to register to vote of the elector is complete and the elector is eligible to vote pursuant to NRS 293.485; and

      (b) The county clerk should proceed to process the application to register to vote.

Ê If the District Attorney advises the county clerk to process the application to register to vote, the county clerk shall immediately issue a voter registration card to the applicant pursuant to subsection 6.

      Sec. 54.  NRS 293.547 is hereby amended to read as follows:

      293.547  1.  After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.

      2.  A registered voter may file a written challenge if:

      (a) He is registered to vote in the same precinct [or district] as the person whose right to vote is challenged; [or] and

      (b) The challenge is based on the personal knowledge of the registered voter.

      3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

 


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ê2007 Statutes of Nevada, Page 2605 (Chapter 478, AB 569)ê

 

      4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

      5.  The county clerk shall:

      (a) File the challenge in the registrar of voters’ register and:

             (1) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.

             (2) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.

      (b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel his registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.

      (c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.

      6.  Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.

      Sec. 55.  NRS 293B.032 is hereby amended to read as follows:

      293B.032  “Mechanical recording device” means a device [:

      1.  Which] which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on . [; or

      2.  To which a list of offices and candidates and the statements of measures to be voted on may be affixed and into which a card may be inserted so that the votes cast for each candidate and for or against each measure may be indicated by punching the card with reference to the list.]

      Sec. 56.  NRS 293B.033 is hereby amended to read as follows:

      293B.033  “Mechanical voting system” means a system of voting whereby a voter may cast his vote:

      1.  On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or

      2.  By [punching a card or] marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.

      Sec. 57.  NRS 293B.084 is hereby amended to read as follows:

      293B.084  1.  A mechanical recording device which directly records votes electronically must:

      (a) Bear a number which identifies that mechanical recording device.

      (b) Be equipped with a storage device which:

             (1) Stores the ballots voted on the mechanical recording device;

 


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ê2007 Statutes of Nevada, Page 2606 (Chapter 478, AB 569)ê

 

             (2) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and

             (3) Bears the same number as the mechanical recording device.

      (c) Be designed in such a manner that voted ballots may be stored within the mechanical recording device and the storage device required pursuant to paragraph (b) at the same time.

      (d) Be capable of providing a record printed on paper of:

             (1) Each ballot voted on the mechanical recording device; and

             (2) The total number of votes recorded on the mechanical recording device for each candidate and for or against each measure.

      2.  The paper record described in paragraph (d) of subsection 1 must [:

      (a) Be] be printed and made available for a manual audit, as [necessary; and

      (b) Be printed and serve as an official record for a recount, as] necessary.

      Sec. 58.  NRS 293B.103 is hereby amended to read as follows:

      293B.103  [1.  If a mechanical voting system is used whereby votes are cast by punching a card:

      (a) The cards to be used must have two detachable stubs.

      (b) Each of the stubs attached to a particular card must bear the number of that card.

      (c) One of the stubs must be detached and given to the voter when he returns his voted ballot, and the other stub must be retained by the election board.

      2.]  If a mechanical voting system is used whereby votes are directly recorded electronically [:

      (a) A] , a voting receipt [which has two parts must] may be used.

      [(b) Each part of the voting receipt must bear the same number for identification.

      (c) One part of the voting receipt must be given to the voter when he votes and the other part of the voting receipt must be retained by the election board.]

      Sec. 59.  NRS 293B.155 is hereby amended to read as follows:

      293B.155  1.  The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so [punched,] voted or marked as to record a predetermined number of valid votes for each candidate and on each measure, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the mechanical recording device or the automatic tabulating equipment and programs to reject those votes.

      2.  If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the mechanical recording device or the automatic tabulating equipment and programs are approved.

      3.  When satisfied with the accuracy of the mechanical recording device or automatic tabulating equipment and computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, and seal the program, if any, and the reports and all test material in an appropriate container. The container must be kept sealed by the clerk.

      4.  Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board.

 


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ê2007 Statutes of Nevada, Page 2607 (Chapter 478, AB 569)ê

 

case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk’s office for public inspection.

      Sec. 60.  NRS 293B.300 is hereby amended to read as follows:

      293B.300  1.  In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which contains a distinctive code associated with the major political party of the voter and on which is clearly printed the name of the party.

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt on which is clearly printed the name of the major political party of the voter.

      3.  The member of the election board shall direct the partisan voter to a mechanical recording device containing the list of offices and candidates arranged for the voter’s major political party in the manner provided in NRS 293B.190.

      Sec. 61.  NRS 293B.305 is hereby amended to read as follows:

      293B.305  Unless a major political party allows a nonpartisan voter to vote for its candidates:

      1.  In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot with a distinctive code and printed designation identifying it as a nonpartisan ballot.

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue the nonpartisan voter a voting receipt with a printed designation identifying it as a nonpartisan ballot.

      3.  The member of the election board shall:

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot; or

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted . [; or

      (c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.]

      Sec. 62.  NRS 293B.330 is hereby amended to read as follows:

      293B.330  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) [If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.

 


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ê2007 Statutes of Nevada, Page 2608 (Chapter 478, AB 569)ê

 

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

      (c)] If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

      [(d)] (c) Record the number of voters on a form provided by the county clerk.

      2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the county clerk.

      3.  After closing the polls, the election board shall:

      (a) Compare the quantity of the supplies furnished by the county clerk with the inventory of those supplies; and

      (b) Note any shortages.

      4.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 63.  NRS 293B.365 is hereby amended to read as follows:

      293B.365  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the [ballots or] storage devices which store the ballots voted on mechanical recording devices which directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged paper ballots to the ballot duplicating board . [, if the ballots were voted by punching a card.]

      5.  Receive duplicates of damaged paper ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct . [, if the ballots were voted by punching a card.]

      6.  Place each damaged original paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted by punching a card.]

      7.  Reject any paper ballot that has been marked in a way that identifies the voter.

 


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ê2007 Statutes of Nevada, Page 2609 (Chapter 478, AB 569)ê

 

      8.  Place each rejected paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot . [, if the ballot was voted by punching a card.]

      Sec. 64.  NRS 293B.375 is hereby amended to read as follows:

      293B.375  [If ballots which are voted by punching a card are used, the] The ballot duplicating board shall:

      1.  Receive damaged ballots [,] pursuant to NRS 293B.365, including ballots which have been torn, bent or mutilated.

      2.  [Receive cards with incompletely punched chips.

      3.]  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      [4.  In the case of a card with an incompletely punched chip:

      (a) Remove the incompletely punched chip if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

      (b) Duplicate the card without punching the location of the incompletely punched chip if:

             (1) The chip does not have at least one corner that is detached from the card; and

             (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      5.] 3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      [6.] 4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the county clerk.

      Sec. 65.  NRS 293C.220 is hereby amended to read as follows:

      293C.220  1.  The city clerk shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the city as provided in NRS 293.225, 293.227, 293C.227 to [293C.250,] 293C.245, inclusive, and 293C.382 . [, and shall conclude those duties not later than 31 days before the election.] No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:

      (a) Appoint an officer for each polling place in the city and for the central election board or the absent ballot central counting board; or

      (b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board or the absent ballot central counting board. The deputized officer may not receive any additional compensation for the services he provides as an officer during the election for which he is deputized.

Ê Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.

      2.  The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222.

      Sec. 66.  NRS 293C.230 is hereby amended to read as follows:

      293C.230  [1.  In precincts or districts in a city where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the city clerk.

 


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ê2007 Statutes of Nevada, Page 2610 (Chapter 478, AB 569)ê

 

perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the city clerk.

      2.]  Except as otherwise provided in NRS 293C.240, one election board must be appointed by the city clerk for all mailing precincts within the city and must be designated the central election board. The city clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.

      Sec. 67.  NRS 293C.256 is hereby amended to read as follows:

      293C.256  An absent ballot for a city election or a ballot for a city election voted by a voter who resides in a mailing precinct must be voted on a paper ballot . [or a ballot which is voted by punching a card.]

      Sec. 68.  NRS 293C.261 is hereby amended to read as follows:

      293C.261  1.  A ballot prepared for use in a city election must be dated and marked in such a manner as to indicate clearly at which city election the ballot will be used.

      2.  If a ballot includes a detachable stub, both the ballot and the stub must include the date of the city election and indicate clearly at which city election the ballot will be used.

      3.  If a ballot includes a voting receipt , [which has two parts, each part of] the voting receipt must include the date of the city election and indicate clearly at which city election the [ballot will be used.] voter cast his ballot.

      Sec. 69.  NRS 293C.275 is hereby amended to read as follows:

      293C.275  [1.]  A registered voter who applies to vote must state his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name and take the registered voter’s signature. [After a registered voter is properly identified at a polling place where paper ballots are used, one ballot correctly folded, must be given to the voter and the number of the ballot must be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot.

      2.  In pollbooks in which the names of the voters have been entered, election officers may indicate the application to vote without writing the name.]

      Sec. 70.  NRS 293C.285 is hereby amended to read as follows:

      293C.285  [1.  Except as otherwise provided in subsection 2:

      (a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.

      (b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.

      (c) Each spoiled ballot returned must be cancelled by writing the word “Cancelled” across the back of the ballot. A spoiled paper ballot must be cancelled without unfolding it.

      (d) A record must be made of those cancelled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the city clerk with the election supplies.

      2.  If ballots that are voted on a] A mechanical recording device which directly records [the] votes electronically [are used,] must allow the voter [must be able] to change his vote before the mechanical recording device permanently records that vote.

      Sec. 71.  NRS 293C.295 is hereby amended to read as follows:

      293C.295  1.  If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

 


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ê2007 Statutes of Nevada, Page 2611 (Chapter 478, AB 569)ê

 

to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The city clerk shall maintain at least one special polling place at such locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293C.525 in [:

      (a) A special ballot box if the ballots are paper ballots or ballots that are voted by punching a card; or

      (b) A] a special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may place his vote only for the following offices and questions:

      (a) All officers for whom all voters in the city may vote; and

      (b) Questions that have been submitted to all voters of the city.

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and [:

      (a) If the ballots are paper ballots or ballots that are voted by punching a card, maintained in a separate ballot box; or

      (b) If] , if the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container [,

Ê] until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      Sec. 72.  NRS 293C.322 is hereby amended to read as follows:

      293C.322  1.  Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base:

      (a) [Except as otherwise provided in paragraph (b):

             (1)] An absent ballot;

             [(2)] (b) A return envelope;

             [(3) Supplies for marking the ballot;

             (4)] (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

             [(5) Instructions.

      (b) In those cities using a mechanical voting system whereby a vote is cast by punching a card:

             (1) A card attached to a sheet of foam plastic or similar backing material;

             (2) A return envelope;

             (3) A punching instrument;

             (4) A sample ballot;

 


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ê2007 Statutes of Nevada, Page 2612 (Chapter 478, AB 569)ê

 

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6)] (d) Instructions.

      2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter shall mail his absent ballot to the city clerk.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2.

      5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 73.  NRS 293C.325 is hereby amended to read as follows:

      293C.325  1.  Except as otherwise provided in [subsections] subsection 2 , [and 3,] when an absent ballot is returned by a registered voter to the city clerk through the mails [,] or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If [the city clerk has appointed] an absent ballot central counting board [, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. At the end of each day before election day, the city clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the city clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

      3.  If the city uses a mechanical voting system, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and] has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mails or in person, the county clerk shall check the signature on the return envelope against the original signature of the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. [Except as otherwise provided in this subsection, on election day the city clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the city uses a mechanical voting system and the city clerk has appointed an absent ballot central counting board, the city clerk may, not] Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for [tabulation] counting pursuant to the procedures established by the Secretary of State [.]

 


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ê2007 Statutes of Nevada, Page 2613 (Chapter 478, AB 569)ê

 

clerk may, not] Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for [tabulation] counting pursuant to the procedures established by the Secretary of State [.] to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      Sec. 74.  NRS 293C.330 is hereby amended to read as follows:

      293C.330  1.  Except as otherwise provided in NRS 293C.315 and subsection 2 of NRS 293C.322 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it [, if it is a paper ballot, or punch it, if the ballot is voted by punching a card,] in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the city clerk, he must mark [or punch] the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

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

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 75.  NRS 293C.332 is hereby amended to read as follows:

      293C.332  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person;

 


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ê2007 Statutes of Nevada, Page 2614 (Chapter 478, AB 569)ê

 

      2.  The signature on the back of the return envelope must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the [pollbook] roster opposite the name of the voter the word “Voted.”

      Sec. 76.  NRS 293C.347 is hereby amended to read as follows:

      293C.347  1.  The city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  [Except as otherwise provided in subsection 3, the] The ballot must be accompanied by:

      (a) [Supplies for marking the ballot;

      (b)] A return envelope;

      [(c)] (b) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      [(d)] (c) A sample ballot; and

      [(e)] (d) Instructions regarding the manner of marking and returning the ballot.

      [3.  In those cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

      (e) A sample ballot; and

      (f) Instructions concerning the manner of punching and returning the card.]

      Sec. 77.  NRS 293C.350 is hereby amended to read as follows:

      293C.350  Upon receipt of a mailing ballot from the city clerk, the registered voter must:

      1.  [Except as otherwise provided in subsection 2:

      (a)] Immediately after opening the envelope, mark and fold the ballot;

      [(b)] 2.  Place the ballot in the return envelope;

      [(c)] 3.  Affix his signature on the back of the envelope; and

      [(d)] 4.  Mail or deliver the envelope to the city clerk.

      [2.  In those cities using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the city clerk.]

 


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ê2007 Statutes of Nevada, Page 2615 (Chapter 478, AB 569)ê

 

      Sec. 78.  NRS 293C.356 is hereby amended to read as follows:

      293C.356  1.  If a request is made to vote early by a registered voter in person, the city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk. [If the ballot is a paper ballot or a ballot which is voted by punching a card, the clerk shall follow the same procedure as in the case of absent ballots received by mail.]

      2.  On the dates for early voting prescribed in NRS 293C.3568, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.

      Sec. 79.  NRS 293C.3568 is hereby amended to read as follows:

      293C.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a primary city election or general city election, and extends through the Friday before election day, Sundays and holidays excepted.

      2.  The city clerk may:

      (a) Include any Sunday or holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 6 p.m. , or until 8 p.m. if the city clerk so requires.

      (b) On any Saturday that falls within the period for early voting, [from] for at least 4 hours between 10 a.m. [until] and 6 p.m.

      (c) If the city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.

      Sec. 80.  NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original application to register to vote or facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

      2.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number; and

      (c) The date of voting early in person.

      4.  When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  [If the ballot is voted by punching a card, the deputy clerk for early voting shall:

 


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ê2007 Statutes of Nevada, Page 2616 (Chapter 478, AB 569)ê

 

      (a) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on the card;

      (b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.]  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on [each part of] the voting receipt [;

      (c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and

      (d)] , if the city clerk uses voting receipts; and

      (c) Allow the voter to cast his vote.

      [7.] 6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      Sec. 81.  NRS 293C.3604 is hereby amended to read as follows:

      293C.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:

      1.  At the close of each voting day the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number of the precinct or voting district;

             (3) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (4) The number of ballots voted on the mechanical recording device for that day; and

             (5) The number of signatures in the roster for early voting for that day . [; and

             (6) The number of voting receipts retained pursuant to NRS 293C.3585 for that day.]

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293C.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.

      2.  At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) [The voting receipts retained pursuant to NRS 293C.3585;

      (c)] The voting rosters used for early voting;

      [(d)] (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      [(e)] (d) Any other items as determined by the city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

 


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ê2007 Statutes of Nevada, Page 2617 (Chapter 478, AB 569)ê

 

      (a) Sort the items by precinct or voting district;

      (b) Count the number of ballots voted by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

      (d) Place the items in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the items to the central counting place.

      Sec. 82.  NRS 293C.3615 is hereby amended to read as follows:

      293C.3615  The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293C.295, 293C.325, [293C.3602,] 293C.630 and 293C.635. The record must include the numbers indicated on the container and its seal pursuant to NRS 293C.700.

      Sec. 83.  NRS 293C.362 is hereby amended to read as follows:

      293C.362  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots , [or ballots that are voted by punching a card,] the counting board shall prepare in the following manner:

      1.  [The pollbooks must be compared and errors corrected until the books agree.

      2.]  The container that holds the ballots, or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If [, on comparison of the count with the pollbook,] a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      [3.] 2.  If the ballots in the container or box are found to exceed the number of names as are indicated on the [pollbooks,] roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

      [4.] 3.  When it has been determined that the [pollbook and the] number of ballots [agree] agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 84.  NRS 293C.367 is hereby amended to read as follows:

      293C.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

 


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ê2007 Statutes of Nevada, Page 2618 (Chapter 478, AB 569)ê

 

reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  Regulations for counting ballots must include provisions that:

      (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (c) Only devices provided for in this chapter, chapter 293 or 293B of NRS may be used in marking ballots.

      (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      [(f) In cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.]

      Sec. 85.  NRS 293C.369 is hereby amended to read as follows:

      293C.369  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

      2.  [Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a cross in the designated square must be counted as a vote.

      3.  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

      (a) A chip on the card must be counted as a vote if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

      4.]  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

      (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

      (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

 


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ê2007 Statutes of Nevada, Page 2619 (Chapter 478, AB 569)ê

 

      [5.] 3.  The Secretary of State:

      (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2 ; [, 3 or 4;] and

      (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this State that is not described in subsection 2, [3 or 4,] including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

      Sec. 86.  NRS 293C.372 is hereby amended to read as follows:

      293C.372  When all the votes have been [tallied,] counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.

      Sec. 87.  NRS 293C.375 is hereby amended to read as follows:

      293C.375  If paper ballots [or ballots which are voted by punching a card] are used:

      1.  After the [tally lists] ballots have been [completed,] counted, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.

      2.  The other [pollbooks,] rosters, tally lists and election board register must be returned to the city clerk.

      Sec. 88.  NRS 293C.382 is hereby amended to read as follows:

      293C.382  1.  [Beginning at 8 a.m. on the day before the day of an] Not earlier than 4 working days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw the ballots from each ballot box or container that holds absent ballots received before that day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ record.

      2.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      Sec. 89.  NRS 293C.385 is hereby amended to read as follows:

      293C.385  1.  [After 8 a.m. on election day,] Each day after the initial withdrawal of the ballots pursuant to NRS 293C.382 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the city clerk on election day pursuant to NRS 293C.317, the city clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

      3.  [After 8 a.m. on election day,] Not earlier than 4 working days before the election, the appropriate board shall , [count] in public , count the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. [If a mechanical voting system is used in which a voter casts his ballot by punching a card that is counted by a computer, the absent ballots may be counted with the regular votes of the precinct.]

 


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ê2007 Statutes of Nevada, Page 2620 (Chapter 478, AB 569)ê

 

system is used in which a voter casts his ballot by punching a card that is counted by a computer, the absent ballots may be counted with the regular votes of the precinct.] The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 90.  NRS 293C.390 is hereby amended to read as follows:

      293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, [voting receipts,] records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists [and pollbooks] collected pursuant to NRS 293B.400 must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The [pollbooks] rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

      4.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.

      5.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in cases of a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

      Sec. 91.  NRS 293C.620 is hereby amended to read as follows:

      293C.620  1.  At each election a member of the election board for a precinct shall issue each voter a ballot.

      2.  If a mechanical voting system is used in a primary city election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue the voter a voting receipt.

      3.  The member of the election board shall [:

      (a) Direct] direct the voter to a mechanical recording device containing a list of offices and candidates . [; or

 


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ê2007 Statutes of Nevada, Page 2621 (Chapter 478, AB 569)ê

 

      (b) Issue a ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample ballot and an instruction sheet to the voter and instruct him to punch his ballot by reference to the sample ballot.]

      Sec. 92.  NRS 293C.630 is hereby amended to read as follows:

      293C.630  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) [If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      (c)] If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      [(d)] (c) Record the number of voters on a form provided by the city clerk.

      2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the city clerk.

      3.  After closing the polls, the election board shall:

      (a) Compare the quantity of the supplies furnished by the city clerk with the inventory of those supplies; and

      (b) Note any shortages.

      4.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 93.  NRS 293C.645 is hereby amended to read as follows:

      293C.645  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the [ballots or] storage devices that store the ballots voted on mechanical recording devices that directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged paper ballots to the ballot duplicating board . [, if the ballots were voted by punching a card.]

 


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ê2007 Statutes of Nevada, Page 2622 (Chapter 478, AB 569)ê

 

      5.  Receive duplicates of damaged paper ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct . [, if the ballots were voted by punching a card.]

      6.  Place each damaged original paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted by punching a card.]

      7.  Reject any paper ballot that has been marked in a way that identifies the voter.

      8.  Place each rejected paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot . [, if the ballot was voted by punching a card.]

      Sec. 94.  NRS 293C.655 is hereby amended to read as follows:

      293C.655  [If ballots that are voted by punching a card are used, the] The ballot duplicating board shall:

      1.  Receive damaged ballots [,] pursuant to NRS 293C.645, including ballots that have been torn, bent or mutilated.

      2.  [Receive cards with incompletely punched chips.

      3.]  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      [4.  In the case of a card with an incompletely punched chip:

      (a) Remove the incompletely punched chip if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

      (b) Duplicate the card without punching the location of the incompletely punched chip if:

             (1) The chip does not have at least one corner that is detached from the card; and

             (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      5.] 3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      [6.] 4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.

      Sec. 95.  NRS 293C.700 is hereby amended to read as follows:

      293C.700  1.  Each container used to transport official ballots pursuant to NRS 293C.295, 293C.325, [293C.3602,] 293C.630 and 293C.635 must:

      (a) Be constructed of metal or any other rigid material; and

      (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

      2.  The container and seal must be separately numbered for identification.

      Sec. 96.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or 293.247 or where a later date is specified in the regulation.

      2.  Except as otherwise provided in NRS 233B.0633, an agency that has adopted a temporary regulation may not file the temporary regulation with the Secretary of State until 35 days after the date on which the temporary regulation was adopted by the agency.

 


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ê2007 Statutes of Nevada, Page 2623 (Chapter 478, AB 569)ê

 

regulation was adopted by the agency. A temporary regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of the regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      3.  An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      4.  The Secretary of State shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.

      5.  The Secretary of State shall file, with the original of each agency’s rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.

      6.  Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library and Archives Administrator, to the State Library and Archives Administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or registration or for the renewal of a license or a certificate of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Legislative Committee on Health Care within 10 days after the regulation is filed with the Secretary of State.

      7.  Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.

      8.  An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.

      Sec. 97.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

      2.  The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

      (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.050, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

      (b) The payment of claims which are obligations of the State pursuant to:

 


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ê2007 Statutes of Nevada, Page 2624 (Chapter 478, AB 569)ê

 

             (1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176A.640, 179.225 [, 213.153 and 293B.210,] and 213.153,

Ê except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

      3.  The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

      Sec. 98.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

      2.  The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

      (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

      (b) The payment of claims which are obligations of the State pursuant to:

            (1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176A.640, 179.225 [, 213.153 and 293B.210,] and 213.153,

Ê except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

      3.  The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

 


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ê2007 Statutes of Nevada, Page 2625 (Chapter 478, AB 569)ê

 

Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

      Sec. 99.  NRS 539.143 is hereby amended to read as follows:

      539.143  In all [pollbooks] rosters and lists of registered electors prepared for any election under this chapter, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election but who have not so registered or reregistered, by the letter “R” enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the latter.

      Sec. 100.  Section 8 of the Elko Convention and Visitors Authority Act, being chapter 227, Statutes of Nevada 1975, as last amended by chapter 70, Statutes of Nevada 2001, at page 516, is hereby amended to read as follows:

      Sec. 8.  1.  The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:

      (a) One member appointed by the Board of Supervisors of the City of Elko, who must be a current member of the Board of Supervisors;

      (b) One member appointed by the Board of County Commissioners of Elko County, who must be a current member of the Board of County Commissioners;

      (c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority; and

      (d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.

      2.  Subject to the provisions of subsection 3, the terms of those members appointed pursuant to paragraphs (a) and (b) of subsection 1 are coterminous with their respective terms in their specified elective offices.

      3.  Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause.

      4.  Any vacancy occurring among the members of the Board appointed pursuant to paragraph (a) or (b) of subsection 1 must be filled promptly by the Board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the Board elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by appointment by the Board of County Commissioners of Elko County. The member appointed by the Board of County Commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the Board of County Commissioners but must meet the residency requirements for the vacant position.

      5.  If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified member’s position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.

 


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disqualified member’s position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.

      6.  The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.

      7.  A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file a declaration of candidacy with the County Clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. In any general authority election, if, at 5 p.m. on the third Friday in August, only one candidate has filed a declaration of candidacy for one of the offices created pursuant to paragraph (c) or (d) of subsection 1, that candidate must be declared elected to that office and no election may be held for that office. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The County Clerk shall designate the seat which will have an initial term of 2 years before any candidate files a declaration of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this State and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in title 24 of NRS.

      Sec. 101.  NRS 293.075, 293.12756, 293.233, 293.245, 293.293, 293.300, 293.359, 293.3598, 293.3602, 293.447, 293B.160, 293B.210, 293B.325, 293C.235, 293C.250, 293C.280, 293C.287, 293C.359, 293C.3598 and 293C.3602 are hereby repealed.

      Sec. 102.  1.  This section and sections 1 to 97, inclusive, 99, 100 and 101 of this act become effective on October 1, 2007.

      2.  Section 97 of this act expires by limitation upon enactment of the Interstate Compact for Juveniles into law by the 35th jurisdiction.

      3.  Section 98 of this act becomes effective upon enactment of the Interstate Compact for Juveniles into law by the 35th jurisdiction.

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