Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Makes various changes relating to elections. (BDR 24-648)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to elections; requiring the notification of registrars of voters and certain county clerks when a registered voter is adjudicated insane or mentally incompetent; revising the provision that limits the authorized number of registered voters for a precinct in which a mechanical voting system is used; requiring the county and city clerks to prescribe the color of the ballots used in an election; revising the period during which a city clerk is required to provide a voting booth on the premises of his office for voting certain absent ballots; authorizing early voting by personal appearance in city elections; revising the period for filing an affidavit of candidacy for a city office; revising the period for filing an application to vote; revising the period for testing automatic tabulating equipment used in an election in certain counties and cities; authorizing the printing of ballots and other election materials outside this state under certain circumstances and with noncommercial printing establishments; revising the period for filing certain ballot questions with the county or city clerk; and providing other matters properly relating thereto.
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 "City of the first class," "city of the second class" or "city of the third class" means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
having a population described in subsections 1, 2 and 3 of NRS 266.055, respectively.
Sec. 3 Within 30 days after a person is adjudicated insane or mentally incompetent by a district court, the clerk of the district court shall provide a certified copy of the order or judgment of insanity or mental incompetency to:
1. The county clerk of the county in which the person is a resident, if the person is not a resident of the county in which the district court is located; or
2. The registrar of voters of the county, if the person is a resident of the county in which the district court is located and the county has created the office of registrar of voters pursuant to NRS 244.164.
Sec. 4 NRS 293.010 is hereby amended to read as follows:
293.010As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5 NRS 293.207 is hereby amended to read as follows:
293.2071. 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. 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.
Sec. 6 NRS 293.250 is hereby amended to read as follows:
293.2501. 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. He 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. He 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 and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, 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. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 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. [County and city clerks may] A county or city 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. 6.5. NRS 293.327 is hereby amended to read as follows:
293.3271. If a request for an absent ballot is made by a registered voter in person, a city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerk's office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. At least 25 days before a primary or general city election until 5:00 p.m. [the day] on:
(a) The Friday before the election; or
(b) If the office of a city clerk is not scheduled to be open on the Friday before the election, the Thursday before the election,
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 absent ballots in accordance with this section.
Sec. 7 NRS 293.356 is hereby amended to read as follows:
293.3561. If a request is made to vote early by a registered voter in person, the county or 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 293.3568, each county or 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. 8 NRS 293.3564 is hereby amended to read as follows:
293.35641. The county clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the county. Except as otherwise provided in subsection 2, any person entitled to vote early by personal appearance may do so at any polling place for early voting.
2. If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:
(a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and
(b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.
3. The city clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the city. Any person entitled to vote early by personal appearance may do so at any polling place for early voting.
Sec. 9 NRS 293.3568 is hereby amended to read as follows:
293.35681. The period for early voting by personal appearance begins the third Saturday preceding a primary or general election , or a primary city election or general city election, and extends through the Friday before election day, Sundays and holidays excepted.
2. The county or 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 county or city clerk so requires.
(b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.
(c) If the county clerk or 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. 10 NRS 293.3572 is hereby amended to read as follows:
293.35721. In addition to permanent polling places for early voting, the county or city clerk may establish temporary branch polling places for early voting.
2. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county or city clerk.
3. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
4. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.
Sec. 11 NRS 293.3576 is hereby amended to read as follows:
293.35761. The county or city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for early voting and the election precincts served by each location.
(b) The dates and hours that early voting will be conducted at each location.
2. [A] The county clerk shall post a copy of the schedule [must also be posted] on the bulletin board used for posting notice of meetings of the board of county commissioners. The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The county or city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
Sec. 12 NRS 293.358 is hereby amended to read as follows:
293.3581. The county or city clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.
2. The county or city clerk may also appoint as many additional deputy clerks as he deems necessary for the proper conduct of the election.
Sec. 13 NRS 293.3585 is hereby amended to read as follows:
293.35851. 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 county or 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:
(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) Allow the voter to cast his vote.
7. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.
Sec. 14 NRS 293.359 is hereby amended to read as follows:
293.3591. The ballot box for early voting in which voted ballots which are paper ballots or ballots which are voted by punching a card are deposited must have two locks, each with a different key and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.
2. During the period for early voting by personal appearance, the county or city clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the county or city clerk, shall keep the key to the second lock.
3. Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.
Sec. 15 NRS 293.3594 is hereby amended to read as follows:
293.35941. A plan for the security of ballots for early voting must be submitted to the secretary of state for approval no later than 90 days before the election at which early voting is to be conducted.
2. At the close of early voting each day, the deputy clerk for early voting shall secure each voting machine used for early voting in a manner prescribed by the secretary of state so that its unauthorized operation is prevented.
3. All materials for early voting must be delivered to the county clerk's office or the city clerk's office at the close of voting on the last day for voting at the polling place for early voting.
Sec. 16 NRS 293.3598 is hereby amended to read as follows:
293.35981. A ballot board for early voting must be appointed by the county clerk to handle early voting ballots for that county.
[2. The] A ballot board for early voting must be appointed by the city clerk to handle early voting ballots for that city.
2. Each ballot board must consist of two co-chairmen who must be of different political parties and at least two other members who may be of the same political party as one of the co-chairmen but must not be of the same political party as any other member.
Sec. 17 NRS 293.3602 is hereby amended to read as follows:
293.3602If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:
1. The ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the county clerk's office or the city clerk's office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.
2. When the ballot box is delivered pursuant to subsection 1, the county or city clerk shall provide a new ballot box locked in the manner prescribed in NRS 293.359.
3. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county or city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county or city clerk shall deliver to the appropriate ballot board for early voting:
(a) Each remaining ballot box containing the ballots voted early by personal appearance and his key to each box;
(b) A voting roster of all persons who voted early by personal appearance; and
(c) Any list of registered voters used in conducting early voting.
4. Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.
5. Upon the receipt of ballots, the board shall:
(a) Remove all ballots from the ballot boxes and sort the ballots by precinct or voting district;
(b) Count the number of ballots by precinct or voting district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.
6. The county or city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 5 if those members do not interfere with the handling of the ballots.
Sec. 18 NRS 293.3604 is hereby amended to read as follows:
293.3604If 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;
(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
(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 or city clerk shall deliver to the appropriate 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) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and
(e) Any other items as determined by the county or 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:
(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. 19 NRS 293.3606 is hereby amended to read as follows:
293.36061. After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.
2. The returns for early voting must not be reported until after the polls have closed on election day.
3. The returns for early voting may be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter's ballot.
4. The county or city clerk 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 returns for early voting before the polls close is guilty of a gross misdemeanor.
Sec. 20 NRS 293.3608 is hereby amended to read as follows:
293.3608On election day the county or city clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting 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
2. Deliver to the central counting place:
(a) The items:
(1) Sorted and counted pursuant to subsection 3 of NRS 293.3604; or
(2) Counted pursuant to subsection 2 of NRS 298.360;
(b) The records printed on paper provided pursuant to subsection 1; and
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
Sec. 21 NRS 293.361 is hereby amended to read as follows:
293.3611. 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 feet from the entrance to the voting area.
2. During the period of early voting, the county or city 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. 22 NRS 293.481 is hereby amended to read as follows:
293.4811. 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 [date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.] third Monday in May preceding the election.
(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] 60 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. 23 NRS 293.5235 is hereby amended to read as follows:
293.52351. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters' register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete and sign the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.
6. If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.
7. The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.
8. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person's current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
10. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
11. An application to register to vote must be made available to all persons, regardless of political party affiliation.
12. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk's office within [3 working] 10 days after it is completed.
13. A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
14. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 24 NRS 293.543 is hereby amended to read as follows:
293.5431. If the registration of an elector is canceled pursuant to subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been declared sane or mentally competent by the district court.
2. If the registration of an elector is canceled pursuant to subsection 3 of NRS 293.540, the elector may reregister after he presents written evidence from a court or governmental agency of this state which demonstrates that:
(a) His conviction has been overturned; or
(b) His civil rights have been restored.
[2.] 3. If the registration of an elector is canceled pursuant to the provisions of subsection 5 of NRS 293.540, the elector may reregister immediately.
[3.] 4. If the registration of an elector is canceled pursuant to the provisions of subsection 6 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.
Secs. 25-27. (Deleted by amendment.)
Sec. 28. NRS 293B.150 is hereby amended to read as follows:
293B.150 [No sooner] Not earlier than 2 weeks before [the election day,] and not later than 5 p.m. on the day before the first day of early voting, the county or city clerk of a county or city that uses a mechanical recording device which directly records votes electronically shall test the automatic tabulating equipment and programs to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures.
Sec. 29. NRS 293B.300 is hereby amended to read as follows:
293B.3001. In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which [is of a distinctive color associated with the voter's major political party, which] contains a distinctive code associated with [that] 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, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt [which is of a distinctive color associated with the voter's major political party and] on which is clearly printed the name of the major political party [.] of the voter.
3. The member of the election board shall [then] 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. 30. NRS 293B.305 is hereby amended to read as follows:
293B.305Unless 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 [of a distinctive color,] 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, in addition to the ballot described in subsection 1, issue the nonpartisan voter a voting receipt [of a distinctive color and] with a printed designation identifying it as a nonpartisan ballot.
3. The member of the election board shall : [then:]
(a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot;
(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. 31. NRS 295.095 is hereby amended to read as follows:
295.0951. 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.
4. A petition must be filed [within 180] 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 days before the election,
whichever is earlier.
5. 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 filing. 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 paragraph (a) of subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when filed 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) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. 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. 32. NRS 295.205 is hereby amended to read as follows:
295.2051. 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.
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. A petition must be filed [within 180] 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 days before the election,
whichever is earlier.
5. 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 filing. 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 paragraph (a) of subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when filed 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) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. 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. 33. NRS 244.330 is hereby amended to read as follows:
244.3301. [All] Except as otherwise provided in subsection 5, public printing required by the various counties [shall] must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment within the county . [requiring the same; but if] If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do [such printing, then the printing so required shall] the printing, the printing must be placed with [some] a bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately equipped to do [such] the printing. If only one such newspaper or commercial printing establishment exists in the county and it fails, or has failed in the past, with regard to a specific piece of printing required by law to be printed, to perform its printing functions in accordance with the specification for the job as supplied by the governing body in any year, the specific piece of printing when required in any subsequent year may be placed with [some] a bona fide newspaper or bona fide commercial printing establishment [elsewhere] in the state adequately equipped to do [such] the printing.
2. Except as otherwise authorized in [subsection 4,] subsections 4 and 5, printing required by counties [shall] must be done within the state.
3. The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. [Reasonable charges shall mean] As used in this subsection, "reasonable charges" means a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.
4. [Nothing in this section shall be construed as prohibiting] The provisions of this section do not prohibit the printing of county bonds and other evidences of indebtedness outside the state.
5. Except as otherwise provided in this subsection, the printing of ballots and other materials required for an election must be placed with a bona fide newspaper or bona fide printing establishment that is located within the county in which the election will be held and that is adequately equipped to do the printing. If there is no bona fide newspaper or bona fide printing establishment located within that county that is adequately equipped to do the printing, the printing may be placed with a bona fide newspaper or bona fide printing establishment located outside the state that is adequately equipped to do the printing.
Sec. 34. Section 5.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 193, Statutes of Nevada 1991, at page 363, is hereby amended to read as follows:
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
2. On the Tuesday after the 1st Monday in May 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.
3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.
4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk . [not less than 30 days nor more than 40 days before the day of the primary election. If the last day for filing a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the period for filing expires on the preceding business day at 5 p.m.] The city clerk shall collect from each candidate, at the time of filing that candidate's declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.
6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.
7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Sec. 35. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. [Except as otherwise provided in this subsection, a] A candidate for any office to be voted for at an election shall file an affidavit of candidacy with the city clerk . [not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at a regular election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.] The city clerk shall charge and collect from the candidate and the candidate [shall] must pay to the city clerk, at the time of filing [the] his affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.
2. [If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.
3.] If for any general election [held after June 1995,] there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
[4.] 3. In the primary election:
(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.
[5.] 4. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.
Sec. 36. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. [A candidate for any office to be voted for at any general municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the 1st Tuesday after the 1st Monday in May preceding the general election.
2.] If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge, or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the 1st Tuesday after the 1st Monday in May preceding the general election.
[3.] 2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
[4.] 3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.
Sec. 37. Section 1 of Assembly Bill No. 18 of this session is hereby amended to read 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 or city 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. 38. Section 6 of Senate Bill No. 215 of this session is hereby amended to read as follows:
Sec. 6. NRS 293.5235 is hereby amended to read as follows:
293.5235
1. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters' register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete and sign the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked.
6. If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that:
(a) He is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) The registrar of voters' register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.
7. The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.
8. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person's current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
10. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
11. An application to register to vote must be made available to all persons, regardless of political party affiliation.
12. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerk's office within 10 days after it is completed.
13. A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.
14. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 38.1. Section 3 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 3. 1. A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Sec. 38.2. Section 5 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 5. 1. A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.
2. There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.
3. A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
Sec. 38.3. Section 11 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 11. 1. The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.
2. Early voting in a city election may be conducted pursuant to the provisions of NRS 293.356 to 293.361, inclusive.
Sec. 38.4. Section 107 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 107. 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. He 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. He 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 and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, 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. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 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 [or city] 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. 38.5. Section 170 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 170. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. A candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing his [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.
2. If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
3. In the primary election:
(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.
4. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.
Sec. 38.6. Section 171 of Senate Bill No. 447 of this session is hereby amended to read as follows:
Sec. 171. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.
2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.
Sec. 39. (Deleted by amendment.)
Sec. 40. The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 41. 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. 42. 1. This section and sections 1 to 21, inclusive, and 23 to 39, inclusive, of this act become effective on July 1, 1997.
2. Section 22 of this act becomes effective at 12:01 a.m. on July 1, 1997.