Senate Bill No. 292

Senate Bill No. 292-Senator Titus

April 14, 1997
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Referred to Committee on Government Affairs

SUMMARY--Revises provisions governing elections. (BDR 24-118)

FISCAL NOTE: Effect on Local Government: No.

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; shortening the period for filing a withdrawal of candidacy for certain offices; requiring a county or city clerk to determine by lot the order in which the names of candidates for offices in certain elections will appear on the ballot; shortening 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; revising the period during which sample ballots must be mailed; expanding the area around a polling place where electioneering or the solicitation of votes is prohibited; and providing other matters properly relating thereto.

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

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Section 1 NRS 293.202 is hereby amended to read as follows:
293.202 1. 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 days] 1 day 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. 2 NRS 293.256 is hereby amended to read as follows:
293.256 In any election regulated by this chapter [,] :
1. Before the names of candidates [as] are printed on the ballot [shall] , the county or city clerk shall:
(a) Determine by lot the order in which the names will appear on the ballot; and
(b) Not less than 5 days before making the determination, cause notice of the date, time and place of the determination to be published in a newspaper having general circulation in the county or city. If no such newspaper is published in the county or city, the publication may be made in a newspaper of general circulation published in the nearest county or city in this state.
2. The names of candidates as printed on the ballot must not include any title, designation or other reference which [will indicate] indicates the profession or occupation of [such] the candidates.
Sec. 3 NRS 293.263 is hereby amended to read as follows:
293.263 On the primary ballots for a major political party the name of the major political party must appear at the top of the ballot. Following this designation , [must appear] the names of the candidates [grouped alphabetically] must appear in the order determined pursuant to NRS 293.256 and under the title and length of term of the partisan office for which those candidates filed.
Sec. 4 NRS 293.265 is hereby amended to read as follows:
293.265 On nonpartisan primary ballots there must appear at the top of the ballot the designation "Candidates for nonpartisan offices." Following this designation , [must appear] the names of the candidates [grouped alphabetically] must appear in the order determined pursuant to NRS 293.256 and under the title and length of term of the nonpartisan office for which those candidates filed.
Sec. 5 NRS 293.267 is hereby amended to read as follows:
293.267 1. Ballots for a general election or general city election must [contain] set forth the names of [candidates] :
(a) The candidates who were nominated at the primary election or primary city election [, the names of the candidates] ;
(b) The candidates of a minor political party [and the names of independent] ; and
(c) The independent candidates.
2. [Names of] The names of the candidates must [be grouped alphabetically] appear in the order determined pursuant to NRS 293.256 and under the title and length of term of the office for which those candidates filed.
3. Except for city elections and as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word "independent," as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office must appear the word "nonpartisan."
4. Where a system of voting other than by paper ballot is used, the secretary of state may provide for any placement of the name of the political party or the word "independent" or "nonpartisan" which clearly relates the designation to the name of the candidate to whom it applies.
Sec. 6 NRS 293.268 is hereby amended to read as follows:
293.268 The offices for which there are candidates, the names of the candidates [therefor,] for those offices and the questions to be voted upon must be printed on ballots in the following order:
1. President and Vice President of the United States.
2. United States Senator and Representative in Congress, in that sequence.
3. Governor, lieutenant governor, secretary of state, treasurer, controller and attorney general, in that sequence.
4. State senators and assemblymen.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, or if there are no wards, in [alphabetical order;] the order determined pursuant to NRS 293.254; and
(c) Municipal judges.
10. Township nonpartisan offices.
11. Questions presented to the voters of the state.
12. Questions presented only to the voters of a special district or political subdivision of the state.
Sec. 7 NRS 293.327 is hereby amended to read as follows:
293.327 1. 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] 20 days before a primary or general city election until 5:00 p.m. [the day] on the Friday 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. 8 NRS 293.565 is hereby amended to read as follows:
293.565 1. [At least 10 days before any election, the] The county or city clerk shall :
(a) For any election in which early voting by personal appearance is not authorized pursuant to NRS 293.3568, at least 10 days before the election; or
(b) For any election in which early voting by personal appearance is authorized pursuant to NRS 293.3568, not later than the Tuesday before the first day of the period for early voting by personal appearance,
cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place.
2. If the location of the polling place has changed since the last election:
(a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION

[2.] 3. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 9 NRS 293.740 is hereby amended to read as follows:
293.740 1. [It] Except as otherwise provided in subsection 2 and NRS 293.361, it is unlawful inside a polling place [:] or within 100 feet from the entrance to the building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
2. The provisions of subsection 1 do not apply to the conduct of any person in a private residence or on residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
4. As used in this section, "electioneering" means campaigning for or against any candidate, ballot question or political party by:
(a) Posting signs;
(b) Distributing literature;
(c) Wearing insigne; or
(d) Using loudspeakers to broadcast information,
relating to the support of or opposition to any candidate, ballot question or political party.