Senate Bill No. 438-Senators Neal, Adler, Coffin, Mathews, Regan, Schneider, Shaffer, Titus and Wiener
June 2, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes various changes relating to elections. (BDR 24-848)
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 secretary of state to establish the number of voting devices per number of registered voters that must be provided at a polling place on election day; clarifying the provisions that allow a voter who receives a ballot or voting receipt and leaves the polling place without voting to return to the polling place and vote; requiring election boards to account for all returned ballots and voting receipts after the closing of the polling places; 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, 3 and 4 of this act.
Sec. 2 "Returned ballot" means a ballot that is returned to an election board at a polling place by a voter who has not voted that ballot. The term does not include a spoiled ballot.
Sec. 3 "Returned voting receipt" means a voting receipt that is returned to the election board at a polling place by a voter who has not voted a ballot.
Sec. 4 1. The secretary of state shall establish, by regulation, the number of voting devices per number of registered voters that must be provided at a polling place on election day.
2. The ratio of voting devices to registered voters must be:
(a) Calculated to allow voters to vote within a reasonable period on election day; and
(b) Established for each type of voting device.
3. A county or city clerk shall, at each polling place, provide not less than the number of voting devices required by the secretary of state pursuant to this section.
4. As used in this section, "voting device" means a device whereby votes are cast:
(a) By marking a paper ballot;
(b) On a device that directly records the votes electronically; or
(c) By punching a card.
Sec. 5 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 sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6 NRS 293.300 is hereby amended to read as follows:
293.3001. Except as otherwise provided in subsection 2 of NRS 293.297, a voter who receives a ballot or voting receipt and does not vote [the ballot delivered to him] shall, before leaving the polling place, return that ballot or voting receipt to [the] an election board [and it must be canceled in the same manner as a spoiled ballot.] officer or, in the case of a polling place for early voting, to the deputy clerk. The election board officer or deputy clerk shall indicate in the pollbook that the ballot or voting receipt was returned and cancel the ballot or voting receipt in the manner set forth in NRS 293.297 for canceling spoiled ballots.
2. A voter who returns his ballot or voting receipt pursuant to subsection 1 may return to the polling place and vote if the election board officer or deputy clerk:
(a) Establishes the identity of the voter; and
(b) Confirms that the ballot or voting receipt that the voter returned was canceled.
The election board officer or deputy clerk shall issue a ballot or voting receipt to the voter and enter in the pollbook the number of the ballot or voting receipt that is issued in place of the returned ballot or voting receipt.
3. A voter who, pursuant to subsection 1, returns his ballot or voting receipt at:
(a) A polling place for early voting, may return and vote at that polling place during the period for early voting or vote at the appropriate polling place on election day; or
(b) A polling place on election day, may return and vote at that polling place on election day.
Sec. 7 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 [.] ; and
(7) The number of returned voting receipts retained by the election board 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 clerk shall deliver to the 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 [;] and the returned voting receipts;
(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 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. 8 NRS 293.367 is hereby amended to read as follows:
293.3671. The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.
2. [Regulations] The regulations for counting ballots must include provisions that:
(a) A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.
(b) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.
(c) If more choices than permitted by the instructions are marked for any office or question, the vote for that office or question may not be counted.
(d) If it is impossible to determine a voter's choice for any office or question, his vote or votes for that office or question may not be counted.
(e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
(f) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.
(g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled or returned ballot.
(h) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.
(i) In counties or cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.
Sec. 9 NRS 293.373 is hereby amended to read as follows:
293.373If paper ballots or ballots which are voted by punching a card are used:
1. After the tally lists have been completed, the counting board officers shall:
(a) File the voted ballots on a string, enclose and seal them in an envelope marked "Election returns, voted ballots."
(b) File the rejected ballots on a string, enclose and seal them in an envelope marked "Election returns, rejected ballots."
(c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked "Election returns" and seal the envelope.
2. The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots , returned ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county or city clerk.
3. The other pollbooks, tally lists and election board register must be returned to the county or city clerk.
Sec. 10 NRS 293.391 is hereby amended to read as follows:
293.3911. The voted ballots, rejected ballots, spoiled ballots, unused ballots, returned ballots, tally lists, pollbooks, challenge lists, voting receipts, returned voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk [,] and preserved for at least 22 months. All sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
3. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.
4. The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of 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 [such] that judge, body or board.
Sec. 11 NRS 293B.330 is hereby amended to read as follows:
293B.3301. Upon closing of the polls, the election board shall:
(a) Secure all mechanical recording devices against further voting.
(b) If a mechanical voting system is used whereby votes are cast by punching a card:
(1) Count the number of ballots in the ballot boxes.
(2) Account for all ballots on the statement of ballots.
(3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county or city clerk into the container provided by him to transport those items to a central counting place and seal the container.
(c) If a mechanical voting system is used whereby votes are directly recorded electronically:
(1) Ensure that each mechanical recording device:
(I) 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
(II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.
(2) Count the number of ballots voted at the polling place.
(3) Account for all ballots on the statement of ballots.
(4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, voting receipts retained by the election board, returned voting receipts and any other records, reports and materials as directed by the county or city clerk into the container provided by him to transport those items to a central counting place and seal the container.
2. The county or city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.
Sec. 12 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.