686
State of Nevada }
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City 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 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a 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, economic, 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 concerning the person or principles for which he is voting.
4. The address of a candidate that must be included in the declaration or acceptance of 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 of candidacy 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. 8. 1. A vacancy occurring in a nomination for a city office after the close of filing and before the first Tuesday after the first Monday in May in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. The petition must be filed not earlier than 30 days before the date of the primary city election and not later than the third Tuesday after the third Monday in May. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election and his name must not appear on the ballot for a primary city election.
2. A vacancy occurring in a nomination for a city office after a primary city election and before the second Tuesday after the second Monday in May must be filled by the person who received the next highest vote for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot after the second Tuesday after the second Monday in May of the year in which the general city election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
4. All designations provided for in this section must be filed before 5 p.m. on the second Tuesday after the second Monday in May of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.
Sec. 9. A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days after the last day for filing a declaration of candidacy or an acceptance of candidacy.
Sec. 10. 1. In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least 30 days before the close of filing of declarations or acceptances of candidacy for the office that he seeks, he has been a legal resident of the city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files a declaration of candidacy or an acceptance of candidacy that contains a false statement in this respect is guilty of a gross misdemeanor.
3. Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
Sec. 11. 1. The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.
2. Early voting is not allowed in a city election.
Sec. 12. The city clerk shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the city as provided in NRS 293.220 to 293.227, inclusive, and sections 14 to 18, inclusive, and section 66 of this act, and shall conclude those duties not later than 31 days before the election. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:
1. Appoint an officer for each polling place in the city and for the central election board or the absent ballot central counting board; or
2. Deputize, as an officer for the election, an election board officer for each polling place and for the central election board or the absent ballot central counting board. The deputized officer may not receive any additional compensation for the services he provides as an officer during the election for which he is deputized.
Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.
Sec. 13. The city clerk may provide, by rule or regulation, for the:
1. Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and
2. Recommendation, by the chairmen, of suitable persons to serve in the case of vacancies.
Sec. 14. 1. In precincts or districts in a city where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the city clerk.
2. Except as otherwise provided in section 16 of this act, one election board must be appointed by the city clerk for all mailing precincts within the city and must be designated the central election board. The city clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.
Sec. 15. In each precinct or district in a city where there are 200 or more registered voters and paper ballots are used, the city clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in its possession. Upon receipt of the ballot box, books and supplies, the counting board shall perform its duties. The time of service for the counting board must be from the closing of the polls through the returning of the supplies and the result of votes cast to the city clerk.
Sec. 16. 1. When it appears to the satisfaction of the city clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the city, he may appoint such a board. If the city is located in a county that uses a computer to maintain records of registered voters, the county clerk shall appoint the board.
2. In a city where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.
Sec. 17. 1. An absent ballot central counting board consists of election board officers appointed in such numbers as the city clerk determines to be required by the volume of absent ballots requested.
2. The city clerk's deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.
3. When requested by the city clerk, the chief law enforcement officer of the city shall appoint an officer to keep order during the counting of the absent ballot votes by the absent ballot central counting board.
4. The absent ballot central counting board is under the direction of the city clerk.
Sec. 18. When the city clerk determines it necessary to cause any precincts in the city to be designated absent ballot mailing precincts, the precinct's ballots must be placed by the central election board or the absent ballot central counting board in the proper absent ballot mailing precinct ballot box.
Sec. 19. In any election regulated by this chapter, the names of candidates as printed on the ballot must not include any title, designation or other reference that indicates the profession or occupation of the candidates.
Sec. 20. For a primary city election there must appear at the top of each ballot the designation "Candidates for city offices." Following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.
Sec. 21. 1. Except as otherwise provided in section 4 of this act, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.
2. The names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
Sec. 22. 1. 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 for a city election in the following order:
(a) City offices:
(1) Mayor;
(2) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(3) Municipal judges.
(b) Questions presented to the voters of a city or a portion of a city.
2. The city clerk may divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.
Sec. 23. 1. Except as otherwise provided in subsection 2, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first city election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in sections 53 to 57, inclusive, of this act;
(b) Is entitled to vote an absent ballot pursuant to federal law or section 43 of this act;
(c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or
(d) Requests an absent ballot in person at the office of the city clerk.
Sec. 24. 1. Except as otherwise provided in subsection 2 and section 36 of this act, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.
Sec. 25. 1. If a person's name appears in the election board register or if he provides an affirmation pursuant to section 71 of this act, he is entitled to vote and must sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original application to register to vote or one of the forms of identification listed in subsection 2.
2. The forms of identification that may be used to identify a voter at the polling place are:
(a) The card issued to the voter at the time he registered to vote;
(b) A driver's license;
(c) An identification card issued by the department of motor vehicles and public safety;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental agency that contains the voter's signature and physical description or picture.
Sec. 26. Any registered voter who is unable to sign his name must be identified by answering questions covering the personal data that is reported on the original application to register to vote. The officer in charge of the roster shall stamp, write or print "Identified as" to the left of the voter's name.
Sec. 27. 1. A registered voter who applies to vote must state his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name and take the registered voter's signature. After a registered voter is properly identified at a polling place where paper ballots are used, one ballot correctly folded, must be given to the voter and the number of the ballot must be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot.
2. In pollbooks in which the names of the voters have been entered, election officers may indicate the application to vote without writing the name.
Sec. 28. 1. A registered voter who applies to vote at an election must give his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name of the voter.
2. Any person's right to vote may be challenged by a registered voter upon any of the grounds allowed for a challenge in section 34 of this act. Any such challenge must be disposed of in the manner provided in section 34 of this act.
Sec. 29. Where paper ballots are used for voting:
1. Except as otherwise 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.
2. If a question is submitted to the registered voters, the cross must be placed in the square following the answer that 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 the ballot by the election board officer. The strip bearing the number must be retained by the election board officer.
Sec. 30. 1. Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:
(a) The voter's employer or his agent; or
(b) An officer or agent of the voter's labor organization.
2. A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of that ballot.
3. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote because of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.
Sec. 31. 1. Except as otherwise provided in subsection 2:
(a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.
(b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.
(c) Each spoiled ballot returned must be canceled by writing the word "Canceled" across the back of the ballot. A spoiled paper ballot must be canceled without unfolding it.
(d) A record must be made of those canceled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the city clerk with the election supplies.
2. If ballots that are voted on a mechanical recording device which directly records the votes electronically are used, the voter must be able to change his vote before the mechanical recording device permanently records that vote.
Sec. 32. Except as otherwise provided in subsection 2 of section 31 of this act, a voter who does not vote the ballot delivered to him shall, before leaving the polling place, return that ballot to the election board and it must be canceled in the same manner as a spoiled ballot.
Sec. 33. 1. The city clerk shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city. Except as otherwise provided in NRS 293.558, the alphabetical listing must include the name and address of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter who voted since the last identification.
2. Each page of the alphabetical listing must contain a notice which reads substantially as follows:
2. The city clerk shall include in each sample ballot for a primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.
3. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 74. 1. Each person who resides within the boundaries of the city at the time of the holding of any city election, and whose name appears upon the official register of voters for the city, is entitled to vote at each special election, primary city election and general city election, and for all officers to be voted for and on all questions submitted to the people at those elections except as otherwise provided in chapter 266 of NRS.
2. The governing body of a city may provide for a supplemental registration.
Sec. 75. 1. Except as otherwise provided by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.
2. The county clerk shall prepare for the city clerk of each incorporated city within his county the election board register of all electors eligible to vote at a regular or special city election.
3. The official register must be prepared in suitable books, one for each ward or other voting district within each incorporated city. The entries in the election board register must be arranged alphabetically with the surnames first.
4. The county clerk shall keep duplicate originals or copies of the applications to register to vote contained in the official register in his office.
Sec. 76. 1. Not later than 3 days preceding the day on which a city election is held, the county clerk shall prepare a checklist for each ward or other voting district in the city. Each checklist must:
(a) Be prepared in an index book and must contain the names and addresses of all electors eligible to vote at the election for each ward or other voting district arranged alphabetically with surnames first.
(b) Have a blank column at the right of the column of names formed by two parallel perpendicular lines with a written heading showing the particular election to which the checklist applies.
2. The election board members shall check the names of those persons voting, indicating the same by a particular symbol, such as "V" for voted.
Sec. 77. Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall deliver to the city clerk:
1. The official register for the city.
2. The checklists for each ward or voting district therein.
Sec. 78. The governing body of a city shall provide all necessary books, ballots and supplies for the proper conduct of city elections.
Sec. 79. The governing body of a city may cause a list of the electors registered to vote at any city election to be published.
Sec. 80. 1. As full compensation for all services rendered pursuant to the provisions of sections 75 to 79, inclusive, of this act the county registrar is entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.
2. The account of the county registrar:
(a) Is a claim against the city.
(b) Must be made out so as to indicate clearly the number of names copied by him.
(c) Must be sworn to and filed with the governing body of the city.
3. The claim, including all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the provisions of sections 75 to 79, inclusive, of this act must be audited and paid out of the general fund of the city.
4. All money received by the county registrar pursuant to this section must be deposited by him for credit to the general fund of the county.
Sec. 81. 1. Before any election where a mechanical voting system will be used, the city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including but not limited to overvotes must not be counted.
(c) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered that lacks a code identifying the precinct in which it was voted.
2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
3. The city clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.
Sec. 82. 1. The accuracy certification board shall observe the conduct of the tests prescribed by NRS 293B.150 and 293B.165.
2. Representatives of the candidates and the press may also observe the conduct of those tests.
Sec. 83. 1. At each election a member of the election board for a precinct shall issue each voter a ballot.
2. If a mechanical voting system is used in a primary city election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue the voter a voting receipt.
3. The member of the election board shall:
(a) Direct the voter to a mechanical recording device containing a list of offices and candidates; or
(b) Issue a ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample ballot and an instruction sheet to the voter and instruct him to punch his ballot by reference to the sample ballot.
Sec. 84. The city clerk may order deputized officers to pick up all voted ballots from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two deputized officers shall deliver any ballots that are picked up early to the central counting place. The various boards operating the central counting place may begin to process those ballots upon receipt, but no reports may be printed by the counting device or computer until the polls have closed. Any ballots that are picked up early must be transported to the central counting place in the manner prescribed in section 86 of this act.
Sec. 85. 1. 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 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, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.
2. The 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. 86. 1. The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the city clerk.
2. The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the city clerk.
3. Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he does not interfere with the delivery of the sealed container.
Sec. 87. 1. To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.
2. The city clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The same person may be appointed to more than one board but must meet the qualifications for each board to which he is appointed.
3. All persons appointed serve at the pleasure of the city clerk.
Sec. 88. The central ballot inspection board shall:
1. Receive the ballots in sealed containers.
2. Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices that store the ballots voted on mechanical recording devices that directly record votes electronically.
3. Register the numbers of ballots by precinct.
4. Deliver any damaged ballots to the ballot duplicating board, if the ballots were voted by punching a card.
5. Receive duplicates of damaged ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct, if the ballots were voted by punching a card.
6. Place each damaged original ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct, if the ballot was voted by punching a card.
7. Reject any ballot that has been marked in a way that identifies the voter.
8. Place each rejected ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board's rejection of the ballot, if the ballot was voted by punching a card.
Sec. 89. The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as those functions are applicable to absent and mailing ballots.
2. Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the city clerk.
3. Treat any absentee or mailing envelope found not to contain a ballot as a rejected ballot and place that envelope in a separate larger envelope on which must be written the ballot code or precinct and the reason for the rejection.
Sec. 90. If ballots that are voted by punching a card are used, the ballot duplicating board shall:
1. Receive damaged ballots, including ballots that have been torn, bent or mutilated.
2. Receive cards with incompletely punched chips.
3. Prepare on a distinctly colored, serially numbered ballot marked "duplicate" an exact copy of each damaged ballot.
4. In the case of a card with an incompletely punched chip:
(a) Remove the incompletely punched chip; or
(b) Duplicate the card without punching the location of the incompletely punched chip, according to the city clerk's determination of the probable intent of the voter.
5. Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.
6. Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.
Sec. 91. 1. The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.
2. The board shall:
(a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.
(b) Receive ballots and maintain groupings of them by precinct.
(c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.
(d) Maintain a log showing the sequence in which the ballots of each precinct are processed to ensure that the ballots of all precincts are processed.
(e) After each counting of the ballots, verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.
(f) Record an explanation of any irregularity that occurs in the processing.
(g) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the city clerk for sealing and storage.
Sec. 92. 1. The city clerk shall appoint the members of the computer program and processing accuracy board not 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 and 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) A voter's omission to vote or his irregular vote on any particular office or proposition will not prevent the counting of his vote as to any other office or proposition on the ballot.
Sec. 93. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter, not inconsistent with the provisions of sections 2 to 92, inclusive, of this act or a city charter, apply to city elections.
Sec. 94. NRS 293.059 is hereby amended to read as follows:
293.059"General city election" means an election held pursuant to [NRS 293.630 or 293.640.] section 4 or 5 of this act. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.
Sec. 95. NRS 293.079 is hereby amended to read as follows:
293.079"Primary city election" means an election held pursuant to [NRS 293.620.] section 3 of this act. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
Sec. 96. NRS 293.1755 is hereby amended to read as follows:
293.1755 1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least 30 days before the close of filing of declarations of candidacy [,] or acceptances of candidacy [or affidavits of candidacy] for the office which he seeks, he has been a legal resident of the state, district, county, township [, city] or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files an acceptance of candidacy [, affidavit of candidacy] or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
4. The provisions of this section do not apply to candidates for the office of district attorney.
Sec. 97. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of [a] candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.
2. A declaration of candidacy or an acceptance of [a] candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
State of Nevada
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 under penalty of perjury that I reside at ., in the City or Town of ., County of ., State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 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 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, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; 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
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 under penalty of perjury that I reside at , in the City or Town of ., County of , State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 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; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; 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,] economic, 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 of candidacy 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. 98. NRS 293.202 is hereby amended to read as follows:
293.202 [1. Except as otherwise provided in subsection 2, any] A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 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. 99. NRS 293.2175 is hereby amended to read as follows:
293.21751. The county or city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;
(b) Enrolled as a senior in high school;
(c) At the time of service, enrolled in or have completed a high school course in American government in accordance with NRS 389.020; and
(d) Performing at an academic level deemed acceptable by the principal of the pupil's high school.
2. The county or city clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county or city clerk sends the pupil a certificate stating the date and hours the pupil, upon approval, will act as trainee;
(c) At least 20 days before the election in which the pupil will act as trainee, the principal of his high school receives the county or city clerk's certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school approves the pupil's request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. The county or city clerk may assign a trainee such duties as the county or city clerk deems appropriate. The county or city clerk shall not require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier.
4. The county or city clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.
Sec. 100. NRS 293.218 is hereby amended to read as follows:
293.218 The county [or city] clerk may provide by rule or regulation for the:
1. Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and
2. Recommendation by the chairmen of suitable persons to serve in the case of vacancies.
Sec. 101. NRS 293.230 is hereby amended to read as follows:
293.230 1. In precincts or districts where there are less than 200 registered voters and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county [or city] clerk.
2. Except as otherwise provided in NRS 293.235, one election board must be appointed by the county [or city] clerk for all mailing precincts within the county [or city,] and must be designated the central election board. The county [or city] clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.
Sec. 102. NRS 293.233 is hereby amended to read as follows:
293.233 In each precinct or district where there are 200 or more registered voters and paper ballots are used, the county [or city] clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in its possession. Upon such delivery, the counting board shall perform its duties . [as required by law.] The time of service for the counting board must be from the closing of the polls through the returning of the supplies and the result of votes cast to the county [or city] clerk.
Sec. 103. NRS 293.235 is hereby amended to read as follows:
293.235 1. When it appears to the satisfaction of the county [or city] clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county , [or city,] he may appoint such a board. In counties which use a computer to maintain records of registered voters, the county clerk shall appoint the board.
2. In counties [or cities] where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.
Sec. 104. NRS 293.243 is hereby amended to read as follows:
293.243 1. An absent ballot central counting board consists of election board officers appointed in such numbers as the county [or city] clerk determines to be required by the volume of absent ballots requested.
2. The county [or city] clerk's deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.
3. When requested by the [:
(a) County] county clerk, the sheriff shall appoint a deputy sheriff [; or
(b) City clerk, the chief law enforcement officer of the city shall appoint an officer,] to keep order during the counting [board's counting] of the absent ballot votes [.] by the absent ballot central counting board.
4. The absent ballot central counting board is under the direction of the county [or city] clerk.
Sec. 105. NRS 293.245 is hereby amended to read as follows:
293.245 When the county [or city] clerk determines it necessary to cause any precincts in the county [or city] to be designated absent ballot mailing precincts, the precinct's ballots must be placed by the central election board, or the absent ballot central counting board, in the proper absent ballot mailing precinct ballot box.
Sec. 106. NRS 293.247 is hereby amended to read as follows:
293.2471. The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy [, affidavit of candidacy] and any petition which is filed pursuant to the general election laws of this state.
2. The regulations must prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and contests;
(l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 [;] or section 69 of this act;
(m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;
(n) The procedures to be used for the disposition of absent ballots in case of an emergency;
(o) The forms for applications to register to vote and any other forms necessary for the administration of this Title; and
(p) Such other matters as determined necessary by the secretary of state.
3. The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.
4. The secretary of state shall prepare and distribute to each county and city clerk copies of:
(a) Laws and regulations concerning elections in this state;
(b) Interpretations issued by the secretary of state's office; and
(c) Any attorney general's opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.
Sec. 107. NRS 293.250 is hereby amended to read as follows:
293.2501. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. He shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.
3. He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter's choice.
4. The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. County [and city] clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
Sec. 108. 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 or an independent candidate has filed 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 and the name of the independent candidate who has filed 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 or no independent candidate has filed 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 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. 109. 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 of candidates must be grouped alphabetically 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. 110. NRS 293.270 is hereby amended to read as follows:
293.2701. Voting at any election regulated by this [chapter] Title must be on printed ballots or by any other system approved by the secretary of state or specifically authorized by law.
2. Voting must be only upon candidates whose names appear upon the ballot prepared by the election officers, and no person may write in the name of an additional candidate for any office.
Sec. 111. NRS 293.297 is hereby amended to read as follows:
293.297 1. Except as otherwise provided in subsection 2:
(a) Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.
(b) The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.
(c) Each spoiled ballot returned must be canceled by writing the word "Canceled" across the back of the ballot. A spoiled paper ballot must be canceled without unfolding it.
(d) A record must be made of those canceled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the appropriate county [or city] clerk with the election supplies.
2. If ballots which are voted on a mechanical recording device which directly records the votes electronically are used, the voter must be able to change his vote before the mechanical recording device permanently records that vote.
Sec. 112. NRS 293.309 is hereby amended to read as follows:
293.309 1. The county clerk of each county [and 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 to a registered voter who:
(a) Resides within the state, not later than 20 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 days before [that] a primary or general 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. 113. NRS 293.310 is hereby amended to read as follows:
293.310 1. Except as otherwise provided in NRS 293.330, a registered voter who requests and receives an absent voter's ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the [appropriate county or city] county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
Sec. 114. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the [appropriate county or city] county clerk, may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years old; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter [shall] must include in his request a description of his physical disability or condition.
3. As used in this section, "sufficient written notice" means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail;
(b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 115. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter unable to go to the polls because of 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] county clerk send him an absent ballot. The clerk shall deliver the ballot, at the office of the county clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is confined to a dwelling or 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 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 to the [appropriate] county clerk for an absent ballot at any time before 5 p.m. on the day of the election. The county clerk shall issue an absent ballot upon satisfactory proof of the emergency.
2. After marking his ballot the voter [shall] must place it in the identification envelope. He [shall] must affix his signature on the back of the envelope and return it to the office of the county clerk.
3. A request for a ballot pursuant to this section must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.
4. The procedure authorized by this section is subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
Sec. 116. NRS 293.320 is hereby amended to read as follows:
293.320 1. The county [or city] clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county . [or city.]
2. Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:
(a) The application to register to vote required by NRS 293.517 for registration; or
(b) The form provided by the Federal Government for registration and request of an absent ballot,
before receiving an absent ballot.
Sec. 117. NRS 293.323 is hereby amended to read as follows:
293.323 1. 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):
(1) An absent ballot;
(2) A return envelope;
(3) Supplies for marking the ballot;
(4) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and
(5) Instructions.
(b) In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card:
(1) A card attached to a sheet of foam plastic or similar backing material;
(2) A return envelope;
(3) A punching instrument;
(4) A sample ballot;
(5) An envelope or similar device into which the card is inserted to ensure its secrecy; and
(6) 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, 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. 118. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county [or city] clerk through the mails [,] and record thereof is made in the absent ballot record book, the [appropriate county or city] county clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.
2. If the county [or city] clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voter's ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk's register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county clerk shall deliver the ballot box to the absent ballot counting board to be counted.
3. If the county [or city] uses a mechanical voting system, the county [or city] clerk shall, upon receipt of each absent voter's ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk's register. If the county [or city] clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county [or city] clerk shall deliver the ballot box to the central counting place.
Sec. 119. NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. If the absent voter who has received a ballot by mail applies to vote the ballot in person at:
(a) The county [or city] clerk's office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it "Canceled."
3. Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 120. NRS 293.333 is hereby amended to read as follows:
293.333 1. On the day of an election, the precinct or district election boards receiving the absent voters' ballots from the county [or city] clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and
(b) The signature on the back of the return envelope must be compared with that on the original application to register to vote.
2. If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.
3. The election board officers shall mark in the pollbook opposite the name of the voter the word "Voted."
Sec. 121. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to precinct or district election boards have been [either] voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the county [or city] clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
Sec. 122. NRS 293.337 is hereby amended to read as follows:
293.337 The provisions of this chapter do not prohibit any registered voter who has applied for, but not received, an absent ballot from communicating that fact to the county [or city] clerk, receiving a certificate so stating and voting in person on election day in the manner provided by NRS 293.277.
Sec. 123. NRS 293.343 is hereby amended to read as follows:
293.343 1. A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county [or city] clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.
2. Whenever the county [or city] clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.
Sec. 124. NRS 293.345 is hereby amended to read as follows:
293.345 [1.] 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, an official mailing ballot to be voted by him at the 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, an official mailing ballot to be voted by him at the election.]
Sec. 125. NRS 293.350 is hereby amended to read as follows:
293.350 1. 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) Supplies for marking the ballot;
(b) A return envelope;
(c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;
(d) A sample ballot; and
(e) Instructions regarding the manner of marking 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;
(b) A punching instrument;
(c) A return envelope;
(d) An envelope or similar device into which the card is inserted to ensure its secrecy;
(e) A sample ballot; and
(f) Instructions regarding the manner of punching and returning the card.
Sec. 126. NRS 293.353 is hereby amended to read as follows:
293.353 Upon receipt of a mailing ballot from the county [or city] clerk, the registered voter must:
1. Except as otherwise provided in subsection 2:
(a) Immediately after opening the envelope, mark and fold the ballot;
(b) Place the ballot in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the county [or city] clerk.
2. In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card:
(a) Immediately after opening the envelope, punch the card;
(b) Place the unfolded card in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the county [or city] clerk.
Sec. 127. NRS 293.355 is hereby amended to read as follows:
293.355 Upon receipt of the return envelope from the registered voter, the county [or city] clerk shall follow the same procedure as in the case of absent ballots.
Sec. 128. NRS 293.3625 is hereby amended to read as follows:
293.3625 The county [or city] clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.3602, 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.
Sec. 129. NRS 293.363 is hereby amended to read as follows:
293.363 When the polls are closed, the counting board shall prepare to count the ballots voted that day. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots or ballots which are voted by punching a card, the counting board shall prepare in the following manner:
1. The pollbooks must be compared and errors corrected until the books agree.
2. The ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the ballot box after the count is completed.
3. If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots must be replaced in the box, and a counting board officer, with his back turned to the box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words "Excess ballots not counted." The ballots when so marked must be immediately sealed in an envelope and returned to the county [or city] clerk with the other ballots rejected for any cause.
4. When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.
Sec. 130. NRS 293.367 is hereby amended to read as follows:
293.367 1. 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 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. 131. NRS 293.368 is hereby amended to read as follows:
293.368 1. Whenever a candidate whose name appears upon the ballot at a [:
(a) General] general election dies after 5 p.m. of the [3rd] third Tuesday in September [; or
(b) General city election dies after 5 p.m. of the 3rd Tuesday in May,] and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for the office, he shall be [considered] deemed elected and the office to which he was elected shall be [considered] deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 132. NRS 293.373 is hereby amended to read as follows:
293.373 If 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 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. 133. NRS 293.383 is hereby amended to read as follows:
293.383 1. Except as otherwise provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.
2. When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county [or city] clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility [, courthouse or city hall, in the case of a city election.] or courthouse.
3. Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the county [, city] or other political subdivision conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.
Sec. 134. NRS 293.384 is hereby amended to read as follows:
293.384 1. Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots deposited in the absent voters' ballot boxes before that day and ascertain that each box has the required number of ballots according to the county [or city] clerk's absent voters' record.
2. Any absent ballots received by the county [or city] clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall [then] deposit those absent ballots in the appropriate ballot boxes.
3. The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.
Sec. 135. NRS 293.385 is hereby amended to read as follows:
293.385 1. After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters' ballot boxes and ascertain that each box has the required number of ballots according to the county [or city] clerk's absent voters' ballot record.
2. If any absent ballots are received by the county [or city] clerk on election day [,] pursuant to NRS 293.316, the county [or city] clerk shall hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county [or city] clerk shall deposit the absent ballots in the appropriate ballot boxes.
3. After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.
4. If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county [or city] clerk who [must] shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter's ballot. The county [and city] clerks shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.
Sec. 136. 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. 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. 137. NRS 293.393 is hereby amended to read as follows:
293.393 1. On or before the fifth working day after any general election [, any general city election] or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the legislature or any state officer who is elected statewide, the board of county commissioners [or city council] shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by the secretary of state by regulation.
3. The county [or city] clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county [, city] and township offices.
4. Each [such] certificate must be delivered to the person elected upon application at the office of the county [or city] clerk.
Sec. 138. NRS 293.395 is hereby amended to read as follows:
293.395 1. The board of county commissioners , [or city council,] after making the abstract of votes as provided in NRS 293.393, 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 that abstract in compliance with regulations adopted by the secretary of state,
and forthwith transmit them to the secretary of state.
2. On the fourth Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for the number of presidential electors to which this state may be entitled, United States Senator, Representative in Congress, members of the legislature, state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.
3. The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall [also] issue proclamations declaring the election of those persons.
Sec. 139. NRS 293.403 is hereby amended to read as follows:
293.403 1. A candidate defeated at any election may demand and receive a recount of the vote for the office for which he is a candidate if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:
(a) He files in writing his demand with the officer with whom he filed his declaration of candidacy [, affidavit of candidacy] or acceptance of candidacy; and
(b) He deposits in advance the estimated costs of the recount with that officer.
2. Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes:
(a) He files in writing his demand with:
(1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or
(2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and
(b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.
3. The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term "costs."
4. As used in this section, "canvass" means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.
(b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
(c) In any general election:
(1) The canvass by the supreme court of the returns for a candidate for a statewide office or a statewide ballot question; or
(2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).
(d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
Sec. 140. NRS 293.443 is hereby amended to read as follows:
293.443 1. Except as otherwise provided in subsection 3, the expense of providing all ballots, forms and other supplies to be used at any election regulated by this chapter or sections 2 to 92, inclusive, of this act and all expenses necessarily incurred in the preparation for, or the conduct of, any such election is a charge upon the municipality, county, district or state, as the case may be.
2. The county or city clerk may submit [such] the printing of ballots for competitive bidding.
3. If a political party or other entity requests more than 50 applications to register to vote by mail, the clerk may assess a charge, not to exceed the [actual] cost of printing the applications, for each application requested in excess of 50.
Sec. 141. NRS 293.517 is hereby amended to read as follows:
293.5171. Any elector residing within the county may register:
(a) By appearing before the county clerk, field registrar or a voter registration agency, completing the application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;
(b) By completing and mailing or personally delivering to the county clerk [,] an application to register to vote pursuant to the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.501 or 293.524; or
(d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.
The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver's license or other official document, before registering him.
2. The application to register to vote must be signed under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. An elector who is registered and changes his name [shall] must complete a new application to register to vote. He may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;
(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or
(d) At any voter registration agency.
If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or section 34 of this act and may be required to furnish proof of identity and subsequent change of name.
5. An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.
6. After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:
(a) The name, address, political affiliation and precinct number of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
Sec. 142. NRS 293.535 is hereby amended to read as follows:
293.5351. The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with him stating that:
(a) The registrant is not a citizen of the United States; or
(b) The registrant has:
(1) Moved outside the boundaries of the county where he is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his residence in the county where registered; and
(2) Established his residence in some other state, territory or foreign country, or in some other county of this state, naming the place.
The affiant must state that he has personal knowledge of the facts set forth in the affidavit.
2. Upon the filing of an affidavit with him pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel his registration.
3. An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit with him, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel his registration.
4. [Nothing in this section may be construed to] The provisions of this section do not prevent the challenge provided for in NRS 293.303 [.] or section 34 of this act.
Sec. 143. NRS 293.537 is hereby amended to read as follows:
293.5371. The county clerk of each county shall maintain a file of the applications to register to vote of electors who have canceled their registration. The file must be kept in alphabetical order. The county clerk shall mark the applications "Canceled," and indicate thereon the reason for cancellation. If the county clerk finds that the registration of an elector was canceled erroneously, the county clerk shall reregister the elector or on election day allow the elector whose registration was erroneously canceled to vote pursuant to NRS 293.304 or 293.525 [.] or section 35 or 71 of this act.
2. The county clerk may:
(a) Microfilm the applications to register to vote of an elector who cancels his registration and destroy the originals at any time.
(b) Record canceled applications to register to vote by computer and destroy the originals at any time.
(c) Destroy any application to register to vote of an elector who cancels his registration after the expiration of 3 years [from] after the date of cancellation.
Sec. 144. NRS 293.558 is hereby amended to read as follows:
293.5581. A registered voter may submit a written request to the county clerk to have his address withheld from any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440 and 293.557 [.] and section 33 of this act.
2. After the county clerk receives a request from a registered voter pursuant to subsection 1, the person's address must be withheld from any such list.
3. No information other than the address of a registered voter may be withheld from a list of registered voters.
Sec. 145. NRS 293.560 is hereby amended to read as follows:
293.5601. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, [or primary or general city election,] registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.
2. The offices of the county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the office of the county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.
(b) In all other counties, those offices must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. The offices of the county clerk and other ex officio registrars may remain open on October 31 in each even-numbered year.
Sec. 146. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure;
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and
(c) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county [or city] clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county [or city] clerk shall 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. 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:
4. The county [or city] clerk shall include in each sample ballot for a primary election , [or primary city election,] a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.
5. 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. 147. NRS 293.755 is hereby amended to read as follows:
293.7551. A person who tampers or interferes with, or attempts to tamper or interfere with a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to prevent the proper operation of that device, system or program is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The county or city clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Sec. 148. Chapter 293B of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter, not inconsistent with the provisions of a city charter, apply to city elections.
Sec. 149. NRS 293B.130 is hereby amended to read as follows:
293B.130 1. Before any election where a mechanical voting system is to be used, the county [or city] clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including , but not limited to , overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the voter's registration, must not be counted.
(c) If the election is:
(1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or
(2) A general election,
the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
(d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.
2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
3. The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.
Sec. 150. 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, 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. 151. NRS 293B.335 is hereby amended to read as follows:
293B.335 1. The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the county [or city] clerk. If practicable, the other board member must be of a different political party than the chairman.
2. The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the county clerk.
3. Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he does not interfere with the delivery of the sealed container.
Sec. 152. NRS 293B.390 is hereby amended to read as follows:
293B.390In addition to the duties prescribed in NRS 293B.145, 293B.155 and 293B.165, and section 82 of this act, the accuracy certification board shall certify as to whether in their judgment the ballots were accurately counted. If they determine an inaccuracy exists, they shall furnish a written explanation for their determination.
Sec. 153. NRS 294A.290 is hereby amended to read as follows:
294A.2901. The filing officer shall give to each candidate who files his declaration of candidacy [,] or acceptance of candidacy [or affidavit of candidacy] a copy of the form set forth in subsection 2. The filing officer shall inform the candidate that subscription to the code is voluntary.
2. The code must be in the following form: