Senate Bill No. 347

Senate Bill No. 347-Committee on Government Affairs

(On Behalf of the Office of the Lieutenant Governor)

May 2, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Makes various changes relating to office of lieutenant governor. (BDR 18-398)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to the office of lieutenant governor; specifying the circumstances in which and the requirements pursuant to which the lieutenant governor becomes the acting governor; requiring that the governor and lieutenant governor be elected jointly; increasing the number of legislative measures that the lieutenant governor may request for preparation; 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 223 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in section 17 of article 5 of the constitution of the State of Nevada and NRS 223.080, and subject to the limitations set forth in subsections 2 and 3, if the governor:
(a) Is impeached;
(b) Is removed from office;
(c) Dies;
(d) Resigns; or
(e) Is unable to discharge the duties of the office of governor,
the lieutenant governor is the acting governor and possesses all of the powers and duties of the office of governor.
2. A lieutenant governor who becomes the acting governor pursuant to paragraph (a), (b), (c) or (d) of subsection 1 serves as the acting governor until a successor to the office of governor is elected at the next general election and is qualified.
3. A lieutenant governor who becomes the acting governor pursuant to paragraph (e) of subsection 1 serves as the acting governor until a successor to the office of governor is elected at the next general election and is qualified or until the governor is able to discharge the duties of the office of governor, whichever occurs first.
4. If a lieutenant governor who is serving as the acting governor vacates the office of governor, succession of office must proceed in the manner set forth in section 17 of article 5 of the constitution of the State of Nevada and NRS 223.080.
5. For the purposes of this section, a governor shall be deemed to be unable to discharge the duties of the office of governor if a majority of a panel of three physicians appointed pursuant to subsection 6 determines that the governor suffers from a physical or mental incapacity that:
(a) Renders him unfit to perform the duties of the office of governor; and
(b) Is likely to be permanent in nature.
6. If the lieutenant governor or any other person believes that the governor is unable to discharge the duties of the office of governor, he may request that the attorney general, secretary of state, state treasurer and state controller appoint a panel of three physicians licensed to practice medicine in the State of Nevada to determine whether the governor suffers from a physical or mental incapacity that renders him unfit to perform the duties of the office of governor and is likely to be permanent in nature. If the attorney general, secretary of state, state treasurer and state controller determine that the request has merit, they shall, by majority vote, appoint the three physicians who will serve on the panel to determine if the governor suffers from such a mental or physical incapacity.
Sec. 2. NRS 223.020 is hereby amended to read as follows:
223.020 1. The governor [shall] must be elected by the qualified electors of [the state.] this state in the manner set forth in section 9 of this act.
2. The governor [shall] must be chosen at the general election of 1866, and every [4th] fourth year thereafter, and shall hold his office for the term of 4 years from the time of his installment and until his successor shall be qualified.
Sec. 3. NRS 224.020 is hereby amended to read as follows:
224.020 1. The lieutenant governor [shall] must be elected by the qualified electors of [the state.] this state in the manner set forth in section 9 of this act.
2. The lieutenant governor [shall] must be chosen at the general election of 1866, and every [4th] fourth year thereafter, and shall hold his office for the term of 4 years from the time of his installment and until his successor shall be qualified.
Sec. 4. NRS 218.241 is hereby amended to read as follows:
218.241 1. [Upon] Except as otherwise provided by specific statute, upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and shall advise any county or city, as to the preparation of measures to be submitted to the legislature.
2. To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:
(a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
(b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session the legislative counsel may request the agency or officer to designate the priority for each succeeding request.
(c) Within 2 weeks after the commencement of a regular session of the legislature, any county or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.
The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government to ensure each agency and officer, and each county and city, as nearly as is possible, an equal rank.
Sec. 5. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff. The lieutenant governor shall not request the preparation of more than four legislative measures pursuant to this subsection for a regular session of the legislature.
3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.
5. An agency or officer of the executive branch of the state government or a county or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.
Sec. 6. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor [.
(b) A lieutenant governor.
(c)] and a lieutenant governor, who are elected jointly pursuant to section 9 of this act.
(b) Two United States Senators.
[(d)] (c) The number of members of the House of Representatives of the United States to which this state may be entitled.
[(e)] (d) The number of presidential electors to which this state may be entitled.
[(f)] (e) Five justices of the supreme court.
[(g)] (f) District judges.
[(h)] (g) Senators and members of the assembly.
[(i)] (h) A secretary of state.
[(j)] (i) A state treasurer.
[(k)] (j) A state controller.
[(l)] (k) An attorney general.
[(m)] (l) Other officers whose elections are provided for by law.
[(n)] (m) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(b) All officers who are not elected.
Sec. 7. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. "Joint candidate" means one of a pair of candidates, one of whom is running for the office of governor and one of whom is running for the office of lieutenant governor.
Sec. 9. 1. The governor and the lieutenant governor must be affiliated with the same political party or both be independent candidates and must be elected jointly at the general election by the casting by each qualified elector of a single vote applicable to both offices at the time and places of voting for members of the legislature. Each candidate for the offices of governor and lieutenant governor must file a declaration of candidacy or acceptance of candidacy individually.
2. Candidates of a minor political party for the offices of governor and lieutenant governor must be paired pursuant to NRS 293.1725 and run jointly at the general election for those offices.
3. Independent candidates for the offices of governor and lieutenant governor must be paired pursuant to NRS 293.200 and run jointly at the general election for those offices.
4. Except as otherwise provided in subsections 5 and 6, candidates of each major political party who receive the highest number of votes for the offices of governor and lieutenant governor at the primary election of each major political party must be paired and run jointly at the general election for those offices.
5. Except as otherwise provided in subsection 6, if only one major political party has candidates for the offices of governor and lieutenant governor, no minor political party has nominated a candidate for those offices and there are more than two candidates for each office, the two candidates of that party for each office who receive the highest number of votes at the primary election must be declared the nominees for those offices. Those candidates must be paired and run jointly at the general election for those offices. If the candidates are unable to pair together by mutual consent, they shall draw lots to determine the pairing.
6. If only one major political party has candidates for the offices of governor and lieutenant governor, no minor political party has nominated a candidate for those offices and there is only one candidate for one of those offices, the candidates of that party who received the highest number of votes at the primary election must be declared the nominees for those offices.
7. For the purposes of this chapter, a joint candidate who filed a declaration of candidacy for the office of governor or lieutenant governor and is one of the pair of joint candidates that subsequently received the highest number of votes in the general election for the offices of governor and lieutenant governor shall be deemed to be the person or candidate who received the highest number of votes for the office for which he filed.
Sec. 10. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 8 of this act, have the meanings ascribed to them in those sections.
Sec. 11. NRS 293.113 is hereby amended to read as follows:
293.113 "Tally list" or "tally book" means the forms furnished election board officers to be used in tallying or recording the number of votes cast for each candidate or pair of joint candidates and each question on the ballot as such votes are called in counting.
Sec. 12. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection [4,] 5, a minor political party which desires to place its candidates on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than January 1 preceding the election nor later than the last Friday in June. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list must not be amended after it is filed.
2. Pursuant to the requirements of subsection 2 of section 9 of this act:
(a) If the list contains a candidate for the office of governor, it must include a candidate for the office of lieutenant governor.
(b) If the list contains a candidate for the office of lieutenant governor, it must include a candidate for the office of governor.
3. The secretary of state shall immediately forward a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
[3.] 4. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than the first Wednesday in July.
[4.] 5. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has otherwise qualified to place the names of its candidates on the ballot for the general election pursuant to the provisions of this chapter must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 13. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the proper filing officer:
(a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.
(b) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.
2. Pursuant to the requirements of subsection 3 of section 9 of this act:
(a) If the petition of candidacy is for the office of governor, it must include a candidate for the office of lieutenant governor.
(b) If the petition of candidacy is for the office of lieutenant governor, it must include a candidate for the office of governor.
3. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
[3.] 4. The petition of candidacy may state the principle, if any, which the person qualified represents.
[4.] 5. Petitions of candidacy must be filed not earlier than the first Tuesday in March preceding the general election and not later than 5 p.m. on the third Tuesday in August.
[5.] 6. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
[6.] 7. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
[7.] 8. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
[8.] 9. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Tuesday in August.
[9.] 10. Any challenge pursuant to subsection [8] 9 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the secretary of state.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
[10.] 11. An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the first Tuesday in March of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.
Sec. 14. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office, 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] Except as otherwise provided in section 9 of this act, 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 candidates of that party who receive the highest number of votes at the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
Sec. 15. NRS 293.267 is hereby amended to read as follows:
293.267 1. Ballots for a general election or general city election must contain the names of candidates who were nominated at the primary election or primary city election, the names of the candidates of a minor political party and the names of independent candidates.
2. [Names] Except as otherwise provided in subsection 3, names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
3. The names of the pairs of joint candidates must be grouped together and listed alphabetically by pair according to the name of the joint candidate for the office of governor.
4. Except for city elections and as otherwise provided in subsection [4:] 5:
(a) Immediately following the name of each candidate or names of each pair of joint candidates for a partisan office must appear the name of his or their 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.] 5. 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 or names of the pair of joint candidates to whom it applies.
Sec. 16. 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, 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 [,] and lieutenant governor . [, secretary]
4. Secretary of state, treasurer, controller and attorney general, in that sequence.
[4.] 5. State senators and assemblymen.
[5.] 6. County and township partisan offices.
[6.] 7. Statewide nonpartisan offices.
[7.] 8. District nonpartisan offices.
[8.] 9. County nonpartisan offices.
[9.] 10. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(c) Municipal judges.
[10.] 11. Township nonpartisan offices.
[11.] 12. Questions presented to the voters of the state.
[12.] 13. Questions presented only to the voters of a special district or political subdivision of the state.
Sec. 17. NRS 293.269 is hereby amended to read as follows:
293.269 1. Every ballot upon which appears the names of candidates or joint candidates for any statewide office or offices or for President and Vice President of the United States [shall] must contain for each office or offices an additional line equivalent to the lines on which the candidates' or joint candidates' names appear and placed at the end of the group of lines containing the names of the candidates or joint candidates for that office [.] or offices. Each additional line [shall] must contain a square in which the voter may express his choice of that line in the same manner as he would express his choice of a candidate [,] or joint candidates, and the line [shall] must read "None of these candidates."
2. Only votes cast for the named candidates [shall] or joint candidates must be counted in determining nomination or election to any statewide office or offices or presidential nominations or the selection of presidential electors, but for each office or offices the number of ballots on which the additional line was chosen [shall] must be listed following the names of the candidates or joint candidates and the number of their votes in every posting, abstract and proclamation of the results of the election.
3. Every sample ballot or other instruction to voters prescribed or approved by the secretary of state [shall] must clearly explain that the voter may mark his choice of the line "None of these candidates" only if he has not voted for any candidate or pair of joint candidates for the office [.] or offices.
Sec. 18. NRS 293.293 is hereby amended to read as follows:
293.293 Where paper ballots are used for voting:
1. Except as provided in subsection 2, the voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to NRS 293.269, except that in a general election [, at] :
(a) At which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated constitutes a vote for that party's candidates for President and Vice President.
(b) At which the names of joint candidates for governor and lieutenant governor are on the ballot, one vote for the pair of joint candidates designated constitutes a vote for each candidate.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross must be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the number of the ballot appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word "Voted," or a character indicating the word "Voted."
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box until the slip containing the number of the ballot has been removed from it by the election board officer. The strip bearing the number must be retained by the election board officer.
Sec. 19. NRS 293.3608 is hereby amended to read as follows:
293.3608 On election day the county 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 or pair of joint candidates and for or against each measure; and
2. Deliver to the central counting place:
(a) The items [:
(1) Sorted] 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. 20. NRS 293.370 is hereby amended to read as follows:
293.370 1. When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate or pair of joint candidates the number of votes he or they received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.
2. The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct [, which each] that:
(a) Each candidate received in each precinct at [:
(a) A] a primary election held in an even-numbered year, other than a presidential preference primary; or
(b) [A] Each candidate or pair of joint candidates received in each precinct at a general election.
Sec. 21. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county or city have been received by the board of county commissioners or city council, the board or council shall meet and canvass the returns. The canvass must be completed on or before the fifth working day following the election.
2. In making its canvass, the board or council shall:
(a) Note separately any clerical errors discovered; and
(b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.
3. The county or city clerk shall, as soon as the result is declared, enter upon the records of the board or council an abstract of the result, which must contain the number of votes cast for each candidate [.] or pair of joint candidates. The board or council, after making the abstract, shall cause the county clerk or city clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of the abstract in compliance with regulations adopted by the secretary of state,
and transmit them to the secretary of state within 5 working days after the day after the election.
4. The secretary of state shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
5. The city clerk shall, immediately after any primary city election, compile the returns for all candidates voted for in the city. He shall make out and file in his office an abstract thereof, and shall certify the name of each person nominated, and the name of the office for which he is nominated.
Sec. 22. NRS 293.400 is hereby amended to read as follows:
293.400 1. If, after the completion of the canvass of the returns of any election, two or more persons or two or more pairs of joint candidates receive an equal number of votes, which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:
(a) In a general election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the legislature shall, by joint vote of both houses, elect one of those persons or one of the pairs of joint candidates to fill the office.
(b) In a primary election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the secretary of state shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and he shall determine the tie by lot. If the tie vote is for the office of secretary of state, the governor shall perform these duties.
(c) For any office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform these duties.
2. The summons mentioned in this section must be mailed to the address of the candidate as it appears upon his declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and must contain the time and place where the determination will take place.
3. The right to a recount extends to all candidates in case of a tie.
Sec. 23. NRS 293B.032 is hereby amended to read as follows:
293B.032 "Mechanical recording device" means a device:
1. Which mechanically or electronically compiles a total of the number of votes cast for each candidate or pair of joint candidates and for or against each measure voted on; or
2. To which a list of offices and candidates and the statements of measures to be voted on may be affixed and into which a card may be inserted so that the votes cast for each candidate or pair of joint candidates and for or against each measure may be indicated by punching the card with reference to the list.
Sec. 24. NRS 293B.033 is hereby amended to read as follows:
293B.033 "Mechanical voting system" means a system of voting whereby a voter may cast his vote:
1. On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate or pair of joint candidates and for or against each measure voted on; or
2. By punching a card or marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.
Sec. 25. NRS 293B.084 is hereby amended to read as follows:
293B.084 A mechanical recording device which directly records votes electronically must:
1. Bear a number which identifies that mechanical recording device.
2. Be equipped with a storage device which:
(a) Stores the ballots voted on the mechanical recording device;
(b) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and
(c) Bears the same number as the mechanical recording device.
3. Be designed in such a manner that voted ballots may be stored within the mechanical recording device and the storage device required pursuant to subsection 2 at the same time.
4. Provide a record printed on paper of:
(a) Each ballot voted on the mechanical recording device; and
(b) The total number of votes recorded on the mechanical recording device for each candidate or pair of joint candidates and for or against each measure.
Sec. 26. NRS 293B.155 is hereby amended to read as follows:
293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so punched, voted or marked as to record a predetermined number of valid votes for each candidate or pair of joint candidates and on each measure, and must include for each office or offices one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject those votes.
2. If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, seal the program, the reports, and all test material in an appropriate container. The container must be kept sealed by the clerk.
4. Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk's office for public inspection.
Sec. 27. NRS 293B.385 is hereby amended to read as follows:
293B.385 1. The county clerk shall appoint the members of the computer program and processing accuracy board no later than 7 days before the election in which they will serve.
2. The board shall verify that:
(a) Any invalid voting of a ballot will cause it to be rejected.
(b) Votes can be counted for each candidate or pair of joint candidates and each proposition.
(c) Any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.
(d) Where multiple votes may be cast, the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.
(e) Neither a voter's omission to vote nor his irregular vote on any particular office or proposition will prevent the counting of his vote as to any other office or proposition on the ballot.