(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT
(On Behalf of the Office of the Secretary of State)
February 3, 1997
____________
Referred to Committee on Elections, Procedures, and Ethics
- Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
- AN ACT relating to elections; authorizing cities and counties to conduct special and recall elections by mail; making various changes relating to petitions, candidacy, election districts and ballots; prohibiting certain acts by an employee of a voter registration agency or a person who assists another in completing an application to register by mail to vote; making various other changes; providing a penalty; and providing other matters properly relating thereto.
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In accordance with regulations adopted by the secretary of state, a city or a county may conduct a special election or recall election by mail. To the extent that they are applicable, the provisions of this chapter governing voting by mail and absent ballot apply to an election conducted by mail pursuant to this section.
2. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 2. NRS 293.094 is hereby amended to read as follows:
293.094 "Rejected ballot" means a ballot that must not be counted because it is rejected by the election board or counting board for any reason required or authorized by this chapter.
Sec. 3. NRS 293.1276 is hereby amended to read as follows:
293.1276 1. Within [2] 4 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035, the county clerk shall determine the total number of signatures affixed to the documents and forward that information to the secretary of state.
2. If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
3. After the petition is submitted to the county clerk it must not be handled by any other person except by an employee of the county clerk's office until it is filed with the secretary of state.
Sec. 4. NRS 293.1277 is hereby amended to read as follows:
293.1277 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within [7] 9 days excluding Saturdays, Sundays and holidays after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk's office.
5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.
7. The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.
Sec. 5. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks must examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.
3. Within [15] 12 days excluding Saturdays, Sundays and holidays after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters' signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk's office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
7. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 6. NRS 293.12793 is hereby amended to read as follows:
293.12793 1. If the secretary of state determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the votes by filing an appeal with the secretary of state. The appeal must:
(a) Be filed [not less than] within 5 working days after receipt of notification of the determination of the secretary of state;
(b) Include each reason for the appeal; and
(c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.
2. The secretary of state shall consider the allegations and conduct an investigation if necessary.
Sec. 7. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. on the first Tuesday in June.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada [}
}ss.]
County of [}]
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at [No ......, ........ Street] ......................., in the City or Town of ................, County of ................, State of Nevada; that my actual residence [therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
(Designation of name)
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada [}
}ss.]
County of [}]
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at [No. ........, ........ Street,] ......................, in the City or Town of ................, County of ................, State of Nevada; that my actual residence [therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; [and] that I will qualify for the office if elected thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
(Designation of name)
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate's name. The nickname must be in quotation marks and appear immediately before the candidate's surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate's address is listed as a post office box unless a street address has not been assigned to his residence.
Sec. 8. NRS 293.181 is hereby amended to read as follows:
293.181 1. A candidate for the office of state senator or assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
- I, the undersigned do swear or affirm under penalty of perjury that I have been a citizen resident of this state as required by NRS 218.010 and have resided or intend to reside at the following residence or residences during the 12 months immediately preceding the date of the general election for the office for which I have filed.
- Street Address Street Address
- City or Town City or Town
- State State
- From To From To
- Dates of Residency Dates of Residency
- Street Address Street Address
- City or Town City or Town
- State State
- From To From To
- Dates of Residency Dates of Residency
- (Attach additional sheet or sheets of residences as necessary)
2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually resided or resides, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate's addresses are listed as a post office box, unless a street address has not been assigned to the residence.
Sec. 9. NRS 293.194 is hereby amended to read as follows:
293.194 The filing fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, [or] of a candidate of a minor political party [,] or of a candidate of a new major political party, must be returned to the candidate by the officer to whom the fee was paid within 10 days after the date on which a final determination is made that the petition of the candidate , [or] minor political party or new major political party failed to contain the required number of signatures.
Sec. 10. NRS 293.203 is hereby amended to read as follows:
293.203 Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:
1. The date of the election.
2. The location of the polling places.
3. The hours during which the polling places will be open for voting.
4. The names of the candidates.
5. A list of the offices to which the candidates seek nomination [.] or election.
The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution, constitutional amendment or statewide measure pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.
Sec. 11. NRS 293.208 is hereby amended to read as follows:
293.208 1. Except as otherwise provided in subsections 2 , [and] 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965 (42 U.S.C. §§ 1971 and 1973 et seq.) and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205;
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a special district.
As used in this subsection, "special district" means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2. If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the director of the legislative counsel bureau and the secretary of state a copy of a map showing the new boundaries of the precinct together with a word description of the new boundaries; and
(b) Maintain in his office, an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
5. Cities of the second and third class are exempt from the provisions of subsection 1.
Sec. 12. NRS 293.209 is hereby amended to read as follows:
293.209 A political subdivision of this state shall not create, divide, change the boundaries of, abolish or consolidate an election district after the first day of filing by candidates during any year in which a general election or city general election is held for that election district. This section does not prohibit a political subdivision from annexing territory in a year in which a general election or city general election is held for that election district.
Sec. 13. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest 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 [:] or 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 candidates of that party who receive the highest number of votes at 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.
(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 any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.
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 or primary city 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. 14. (Deleted by amendment.)
Sec. 15. NRS 293.293 is hereby amended to read as follows:
293.293 Where paper ballots are used for voting:
1. Except as otherwise provided in subsection 2, the voter shall mark his ballot in no other manner than by [stamping a cross (X)] making a mark in the square following the name of each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to NRS 293.269, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated constitutes a vote for that party's candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the [cross] voter's mark must be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the number of the ballot appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word "Voted," or a character indicating the word "Voted."
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box until the slip containing the number of the ballot has been removed from it by the election board officer. The strip bearing the number must be retained by the election board officer.
Sec. 16. 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
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
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 [whose] 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 [whose] 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."
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 old who:
(1) Furnishes official identification which contains a photograph of himself, such as his driver's license or other official document; and
(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 record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.
Sec. 17. NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he must stamp 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. If the absent voter who has received a ballot by mail applies to vote the ballot in person at:
(a) The county or city clerk's office, he must stamp 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, 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 ["Spoiled."] "Canceled."
3. Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 18. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2, 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 a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.
(b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the [first Friday in February preceding the election.] date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.
(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 a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least 35 days before the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required 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 to be submitted if proposed after the dates specified.
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 and arguments on the ballot.
Sec. 19. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. A field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that person's political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk , [or] field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election, while he is registering an elector.
11. When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk , [or] field registrar , employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;
(b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
14. A person who violates any of the provisions of [subsections 8 to 12 inclusive,] subsection 8, 9, 10 or 12 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register:
(a) By appearing before the county clerk, field registrar or a voter registration agency, completing the application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;
(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.
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.
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.
4. An elector who is registered and changes his name shall 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.
If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 and may be required to furnish proof of identity and subsequent change of name.
5. 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, 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.
Sec. 22. (Deleted by amendment.)
Sec. 23. NRS 294A.350 is hereby amended to read as follows:
294A.350 1. Every candidate for state, district, county, municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, even though he:
[1.] (a) Withdraws his candidacy;
[2.] (b) Receives no campaign contributions; or
[3.] (c) Has no campaign expenses.
2. A candidate who withdraws his candidacy pursuant to NRS 293.202 may file simultaneously all the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.
Sec. 24. NRS 306.015 is hereby amended to read as follows:
306.015 1. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition [shall] must file a notice of intent with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy pursuant to NRS 293.185, 293.620 or 293.640.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.
(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the [verification of signatures is completed pursuant to NRS 293.1276 to 293.1279, inclusive.] date on which the call for a special election is issued, as set forth in NRS 306.040.
3. The persons filing the notice of intent shall submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy.
5. Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.
6. A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.
Sec. 25. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.
2. Any person who signs a petition to recall may request the secretary of state to strike his name from the petition after the verification of signatures is complete [.] and before the date the call for a special election is issued. If the person demonstrates good cause therefor, the secretary of state shall strike his name from the petition.
3. Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer was elected to determine whether the people will recall him. The call must include, without limitation:
(a) The last day on which a person may register to vote to qualify to vote in the special election; and
(b) The last day on which a petition to nominate other candidates for the office may be filed.
4. The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays and Sundays excluded, after the secretary of state completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 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.
5. Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election to determine whether the people will recall the public officer who is the subject of the petition. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.
Sec. 26. NRS 306.060 is hereby amended to read as follows:
306.060 1. If the officer against whom the petition is filed furnishes no justification of his course in office, none need appear on the ballot at the election upon his recall.
2. Where a mechanical voting system is used, the reason for demanding the recall of the officer and the officer's justification need not be printed on the ballot, but must be printed on sample ballots, which must be [mailed to all registered voters or] presented to registered voters upon their application to vote.
Sec. 27. NRS 293.2677 is hereby repealed.
Sec. 28. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 29. The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 30. This act becomes effective on July 1, 1997.
TEXT OF REPEALED SECTION
293.2677 Color of ballots. The secretary of state shall:
1. Prescribe the color of ballots for each election in this state not later than February 1 of the year in which the election is to be held; and
2. Alternate the color of ballots each year in such a manner as to ensure that no color is used for ballots more than once during any 4-year period.
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