Referred to Committee on Elections, Procedures, and Ethics
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 that I reside at No. .........., .......... Street, in the City or Town of .........., County of .........., State of Nevada; that my actual residence therein began on a date [30] 90 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] within the 6 months immediately preceding 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; 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:
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 that I reside at No. .........., .......... Street, in the City or Town of .........., County of .........., State of Nevada; that my actual residence therein began on a date [30] 90 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; 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. 11 NRS 293.187 is hereby amended to read as follows:
293.1871. On or before the third Tuesday in June, each county clerk shall forward to the secretary of state a certified list setting forth the name and mailing address of each person:
(a) For whom candidacy papers have been filed in the office of the county clerk; and
(b) Who is a candidate of a major political party or a candidate for a nonpartisan office.
2. On or before the third Tuesday in June, the secretary of state shall forward to each county clerk a certified list [containing] setting forth the name and mailing address of each person [for] :
(a) For whom candidacy papers have been filed in the office of the secretary of state [, and who] ; and
(b) Who is entitled to be voted for in the county at the next succeeding primary election,
together with the title of the office for which the person is a candidate and the party or principles he represents.
[2.] 3. Not later than the third Tuesday in July, each county clerk shall forward to the secretary of state a certified list setting forth the names and addresses of each person who is a candidate of a minor political party for a county, district or township office.
4. On or before the third Tuesday in July, the secretary of state shall forward to each county clerk a certified list of candidates for a minor political party who have filed a declaration of candidacy at his office.
5. There must be a party designation only for candidates for partisan offices.
Sec. 12 NRS 293.202 is hereby amended to read as follows:
293.2021. Except as otherwise provided in subsection 2, any withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within [7] 30 days after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.
2. A withdrawal of candidacy for city office must be in writing and must be presented by the candidate in person, within 2 days after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.
Sec. 13 NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein, with a minimum of 5 registered voters and a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a minimum of 5 registered voters and a maximum of 1,500 registered voters per precinct in those precincts in which a mechanical voting system is used.
2. [The] Except as otherwise provided in subsection 3, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts pursuant to subsection 2, the county clerk shall, before consolidating the precincts, cause notice of the proposed consolidation to be published at least once a week for 2 consecutive weeks in a newspaper having a general circulation in the county. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation in the nearest county in this state. Any person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider any written objection filed pursuant to this subsection before consolidating the precincts.
Sec. 14 NRS 293.213 is hereby amended to read as follows:
293.2131. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish [such] that precinct as a mailing precinct, and shall forthwith mail notification to the field registrar for [such] that precinct.
2. Except as otherwise provided [by] in NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts . [and those] The mailing precincts must be designated absent ballot mailing precincts.
3. [In] Except as otherwise provided in this subsection, in any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct. A county clerk shall not designate a precinct as an absent ballot mailing precinct pursuant to this subsection if the precinct or any portion of the precinct is located within the boundaries of an incorporated city.
Sec. 15 NRS 293.253 is hereby amended to read as follows:
293.2531. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations and fiscal notes prepared pursuant to NRS 218.276, 218.443 and 293.250.
2. [Whenever] If feasible, he shall provide [these] the copies specified in subsection 1 on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after [their] the filing of those copies as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, including arguments for and against it, and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, [then] the publication may be made in a newspaper of general circulation published in the nearest [Nevada county.
4. When] county in this state.
4. If a copy is furnished by the secretary of state too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions, explanations and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and must be paid from the reserve for statutory contingency account upon recommendation by the secretary of state and approval by the state board of examiners. The county clerk shall, not later than December 31 following a general election, submit a request for payment to the secretary of state.
6. Except as otherwise provided in subsection 7, at the time required for publication pursuant to this section, the county clerk shall cause to be published, in plain terms:
(a) An explanation of and arguments for and against any question to be placed on the general election ballot pursuant to NRS 293.481 or 293.482 that is prepared by the attorney appointed to assist the entity that is placing the question on the ballot with legal matters. The cost of publishing the question is a charge against the entity that places the question on the ballot.
(b) The explanation of and arguments for and against an initiative or referendum that will be placed on the general election ballot pursuant to:
(1) The provisions of NRS 295.115 and 295.160 that is prepared by the district attorney; or
(2) The provisions of NRS 295.215 that is prepared by the city
attorney.
The cost of publishing the initiative or referendum is a charge against the county or city that places the initiative or referendum on the ballot.
7. If a question is placed on the primary election ballot pursuant to NRS 293.481, 293.482, 295.115, 295.160 or 295.215, the county clerk shall comply with the requirements for publication set forth in subsection 3 on or before the first Monday in August of the year in which the question will appear on the ballot.
Sec. 16 NRS 293.260 is hereby amended to read as follows:
293.2601. [Where] If there is no contest for nomination to a particular office, [neither] the title of the office [nor] and the name of the candidate [may] must not 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, 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.
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:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. [Where] Except as otherwise provided in NRS 293.610, if no more than twice the number of candidates to be elected have filed for nomination for any nonpartisan 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] Except as otherwise provided in this subsection, 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. If only one candidate is to be elected to a nonpartisan office and a candidate receives a majority of the votes in the primary election or primary city election for that office, that candidate must be declared the nominee for the office and his name must be placed on the ballot for the general election or general city election.
Sec. 17 NRS 293.309 is hereby amended to read as follows:
293.3091. The county clerk of each county and the city clerk of each city shall prepare an absent ballot for the use of registered voters who have requested absent ballots.
2. The ballot must be prepared and [ready for distribution] distributed to a registered voter who:
(a) Resides within the state, not later than [20] 14 days before the election in which it is to be used; or
(b) Resides outside the state:
(1) For a primary election or general election, not later than [40] 45 days before that election, if possible; or
(2) For a primary city election or general city election, not later than 20 days before that election.
3. Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.
Sec. 18 NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter who is unable to go to the polls [because] :
(a) Because of an illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home [may request in a written statement, signed by him, that the appropriate county or city clerk send him an absent ballot. The clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is a patient in a hospital, sanatorium or nursing home, and that he will be confined therein on election day. If any registered voter is] ; or
(b) Because he is suddenly hospitalized , [or] becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, [and is unable to vote at the polling place, he may apply]
may submit a written request to the appropriate county or city clerk for an absent ballot . The request may be submitted at any time before 5 p.m. on the day of the election. [The]
2. If the clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the clerk shall [issue] , at the office of the clerk, deliver an absent ballot [upon satisfactory proof of the emergency.
2. After] to the person designated in the request to obtain the ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking his ballot the voter shall [place] :
(a) Place it in the identification envelope [. He shall affix] ;
(b) Affix his signature on the back of the envelope ; and [return]
(c) Return it to the office of the clerk.
[3.] 5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.
6. A request for [a ballot] an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the clerk, not later than the time the polls close on election day.
[4.] 7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot [voting insofar as] to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 19 NRS 293.323 is hereby amended to read as follows:
293.3231. If the request for an absent ballot is made by mail or telegram, the county or city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:
(a) Except as otherwise provided in paragraph (b), an absent ballot, a return envelope, a stamp for marking the ballot, a stamp pad and instructions.
(b) In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material [,] that is sufficiently flexible to ensure that the card may be easily and accurately punched by the absent voter, a return envelope, a punching instrument, a sample ballot and instructions.
2. The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
3. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.
4. Before depositing the ballot in the [mails,] mail, the county or city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.
Sec. 20 NRS 293.345 is hereby amended to read as follows:
293.3451. The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, [before 5 p.m. on the third Thursday in August and before 5 p.m. on the fourth Tuesday in October of any year in which a general election is to be held,] 14 days before a primary election or general election, an official mailing ballot to be voted by him at [the] that election.
2. The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, [before 5 p.m. on the third Thursday in April and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is to be held,] 14 days before a primary city election or general city election, an official mailing ballot to be voted by him at [the] that election.
Sec. 21 NRS 293.350 is hereby amended to read as follows:
293.3501. The county or city clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. Except as otherwise provided in subsection 3, the ballot must be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope;
(c) A sample ballot; and
(d) Instructions regarding the manner of stamping and returning the ballot.
3. In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:
(a) A sheet of foam plastic or similar backing material [attached to the card;] that is:
(1) Attached to the card; and
(2) Sufficiently flexible to ensure that the card may be easily and accurately punched by the voter;
(b) A punching instrument;
(c) A return envelope;
(d) A sample ballot; and
(e) Instructions regarding the manner of punching and returning the card.
Sec. 22 NRS 293.3568 is hereby amended to read as follows:
293.35681. The period for early voting by personal appearance begins the [third] second Saturday preceding a primary or general election and extends through the Friday before election day, Sundays and holidays excepted.
2. The county clerk may:
(a) Include [any] the Sunday or any holiday that falls within the period for early voting by personal appearance.
(b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.
3. A permanent polling place for early voting must remain open:
(a) On Monday through Friday , [:
(1) During the first week of early voting,] from 8 a.m. until 6 p.m.
[(2) During the second week of early voting, from 8 a.m. until 6 p.m.] or until 8 p.m. if the county clerk so requires.
(b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.
(c) If the county clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.
Sec. 23 NRS 293.3576 is hereby amended to read as follows:
293.35761. The county 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 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 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 clerk shall make copies of the schedule available to the general 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. 24 NRS 293.404 is hereby amended to read as follows:
293.4041. Where a recount is demanded pursuant to the provisions of NRS 293.403, the:
(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.
(b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.
Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative . [, but may not be a member of the recount board.]
2. The members of a recount board employed pursuant to this section:
(a) Must not be all of the same political party.
(b) Must not be a candidate for nomination or election subject to the recount or a relative of such a candidate within the second degree of consanguinity or affinity.
3. Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.
[3.] 4. If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with the provisions of this Title and shall count the valid ballots by hand. A recount by computer must be made of all the selected ballots. If the count of the selected ballots or the recount shows a discrepancy of 1 percent or more for either candidate, or in favor of or against a ballot question, from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. If there is not a discrepancy of 1 percent or more, the county or city clerk shall not order such a count, but shall order a recount by computer of all the ballots for the office.
[4.] 5. The county or city clerk shall unseal and give to the recount board all ballots to be counted.
[5.] 6. In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
7. At the request of the city or county clerk, the secretary of state shall designate a representative to supervise the recounting of the ballots.
8. A person who requests a recount may withdraw his request at any time during the recounting of the ballots. After the person withdraws his request, the clerk shall stop the recounting of the ballots. The person shall not make any additional requests to continue the recount or to begin a new recount.
Sec. 25 NRS 293.407 is hereby amended to read as follows:
293.4071. A candidate [at any election,] or any registered voter of the appropriate political subdivision [,] who certifies that he resides in the political subdivision and intends to reside in the political subdivision until the contest is decided may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of governor, lieutenant governor, assemblyman, state senator or justice of the supreme court, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the [time] period prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that he [is] :
(1) Is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(2) Resides in the political subdivision in which he is a candidate or registered voter; and
(3) Intends to reside in the political subdivision until the contest is decided;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
Sec. 26 NRS 293.425 is hereby amended to read as follows:
293.425 1.If the contest is of the general election for the office of assemblyman or state senator, [a] the contestant shall file with the secretary of state, if a recount is requested, not later than 5 days after the recount is completed, or if a recount is not requested, not later than 14 days after the election:
(a) A statement of contest, [prepared as provided in NRS 293.407, and all depositions, ballots and other documents relating to the contest must be filed with the secretary of state within the time provided for the filing of statements of contests with the clerk of the district court.] verified in the manner provided for the verification of pleadings in civil actions, that includes:
(1) The name and address of the contestant;
(2) A statement attesting that he is a candidate or registered voter in the political subdivision in which the election to be contested or any part of it was held and that he resides in the political subdivision and intends to reside in the political subdivision until the contest is decided;
(3) The name of the person whose election is contested and the office to which the person was declared elected;
(4) The particular grounds and specific facts upon which the contest is based, including a citation to any section of Nevada Revised Statutes pursuant to which any irregularity is alleged; and
(5) The date of the declaration of the result of the election and the body or board that canvassed the returns of that election;
(b) The bond required pursuant to subsection 4;
(c) Any depositions taken by him pursuant to subsection 3 of section 5 of this act;
(d) A list of his witnesses who are expected to testify at the hearing of the contest, including the name and address of the witness and a summary of the facts to which the witness is expected to testify; and
(e) Any other documents relating to the contest upon which the contestant intends to rely at the hearing of the contest.
2. A copy of the statement of contest, each deposition taken by the contestant pursuant to subsection 3 of section 5 of this act, the contestant's list of witnesses and any other document filed with the secretary of state by the contestant pursuant to subsection 1 must be served upon the person whose election is contested in the manner required for the service of a complaint in a civil action, not later than 24 hours after the statement of contest is filed with the secretary of state.
3. Upon the filing of a statement of contest with the secretary of state, the secretary shall immediately notify the person whose election is contested.
4. At the time of filing a statement of contest with the secretary of state, a contestant must file a bond in the amount of $2,500 with the secretary of state.
5. A statement of contest filed with the secretary of state pursuant to this section that does not comply with the requirements of subsection 1 at the time it is filed must not be dismissed by the house of the legislature in which the contest is being heard if:
(a) The statement of contest and the supporting documents substantially comply with the requirements of this section and allege with sufficient certainty the particular grounds and specific facts upon which the contest is based to inform the person whose election is contested of the charges; and
(b) The contestant complies with all of the requirements of subsection 1 by:
(1) Filing a supplement to the statement of contest and any supporting documents with the secretary of state not later than 14 days after the statement of contest was filed; and
(2) Serving a copy of any supplemental statement or supporting document upon the person whose election is contested within 24 hours thereafter.
Sec. 27 NRS 293.427 is hereby amended to read as follows:
293.4271. The secretary of state shall deliver the statement of contest filed pursuant to NRS 293.425 and all other documents to the presiding officer of the appropriate house of the legislature on the day of the organization of the legislature.
2. Until the contest [has been] is decided, the candidate who received the highest number of votes for the office in the contested election must be seated as a member of the appropriate house.
3. If, before the contest [has been] is decided, a contestant gives written notice to the secretary of state that he wishes to withdraw his statement of contest, the secretary of state shall dismiss the contest.
4. [The contest, if not dismissed, must be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried.] If the contest is not dismissed before the day of the organization of the legislature, the contest must be heard and decided pursuant to the provisions of sections 5 and 6 of this act.
5. A statement of contest filed pursuant to NRS 293.425 must be dismissed by the house of the legislature in which the contest is heard if, at any time after the statement of contest is filed and before the contest is decided, a contestant no longer resides in the political subdivision in which the election is contested or any part of it was held.
6. If after hearing the contest, the house decides to declare the contestant elected, the governor shall execute a certificate of election and deliver it to the contestant. The certificate of election issued to the other candidate is thereafter void.
Sec. 28 NRS 293.547 is hereby amended to read as follows:
293.5471. After the 30th day but not later than the 15th day before any election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall file the challenge in the registrar of voters' register and:
(a) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.
(b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.
6. The county clerk shall, within 5 days after a challenge is filed, mail a notice to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. A copy of the challenge must accompany the notice.
7. A registered voter who files a challenge pursuant to this section may withdraw the challenge at any time by submitting a written request to the county clerk. Upon receipt of the request, the county clerk shall:
(a) Remove the challenge from the registrar of voters' register and any copies or entries added to the election board register; and
(b) If a notice of the challenge has been mailed pursuant to subsection 6, mail a notice and a copy of the request to the person to whom the notice of the challenge was mailed.
Sec. 29 NRS 218.100 is hereby amended to read as follows:
218.1001. Before the meeting of the assembly of each session of the legislature, the secretary of state shall make out a roll from the returns on file in his office of the persons who received the highest number of votes for the offices of assemblyman [and state senator] in each district in the election. The secretary of state shall transmit a copy of the roll to the governor and the chief clerk of the assembly. The members whose names appear upon the roll must be allowed to participate in the organization of the assembly.
2. On the first day of each session of the legislature at 12 m., the secretary of state shall call the assembly to order, and shall preside over the assembly until a presiding officer shall be elected.
Sec. 30 Section 96 of the charter of Boulder City is hereby amended to read as follows: