Assembly Bill No. 18

Assembly Bill No. 18-Committee on Elections,
Procedures, and Ethics

CHAPTER

AN ACT relating to elections; expanding the area around a polling place where electioneering and the solicitation of votes is prohibited; and providing other matters properly relating thereto.

[Approved May 2, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 293.361 is hereby amended to read as follows:
293.361 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within [30] 100 feet from the entrance to the voting area.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located , a sign on which is printed in large letters "Polling Place for Early Voting"; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters "Distance Marker : [.] No electioneering between this point and the entrance to the polling place."
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 293.740 is hereby amended to read as follows:
293.740 1. [It] Except as otherwise provided in subsection 2, it is unlawful inside a polling place [:] or within 100 feet from the entrance to the building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters "Distance Marker: No electioneering between this point and the entrance to the polling place."
2. The provisions of subsection 1 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
4. As used in this section, "electioneering" means campaigning for or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insignia which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election;
(e) Polling or otherwise soliciting from a voter information as to whether the voter intends to vote or has voted for or against a particular political party, candidate or ballot question; or
(f) Soliciting signatures to any kind of petition.
Sec. 3. 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. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
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