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Senate Bill No. 447-Committee on Government Affairs

(On Behalf of the Office of the Secretary of State)

June 6, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Clarifies application of Title 24 of NRS to city elections and requires city clerks to perform certain additional duties relating to city elections. (BDR 24-511)

FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to elections; clarifying the application of Title 24 of NRS to city elections; requiring city clerks to appoint and train election board officers; requiring city clerks to maintain special polling places; requiring city clerks to extend the period for voting under certain circumstances; requiring city clerks to create a computer program and processing accuracy board; authorizing city clerks to create other election boards to assist in the processing of ballots; and providing other matters properly relating thereto.

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

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Section 1 Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 92, inclusive, of this act.
Sec. 2 The provisions of this chapter apply only to city elections.
Sec. 3 1. A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Sec. 4 1. A general city election must be held in each city of the first and second classes on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.
2. The terms of office of city councilmen are 4 years, which terms must be staggered. The councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.
Sec. 5 1. A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.
2. There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.
3. A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
Sec. 6 1. If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.
2. Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.
3. If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in subsection 4 of section 3 of this act, 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. 7 1. Except as otherwise provided in section 8 of this act, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 40 days before the primary city election and not later than 5 p.m. on the 30th day before the primary city election.
2. A declaration of candidacy required to be filed by this section must be in substantially the following form:

Declaration of Candidacy of ........ for the
Office of ................

State of Nevada }
}ss.
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. 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. 19 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. 20 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. 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. 21 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. 22 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. 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 29 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. 30 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. 31 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:

It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to section 33 of this act.

3. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or address of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
Sec. 32 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not reside at the residence whose address is listed in the election board register, "I swear or affirm that I reside at the residence whose address is listed in the election board register";
(b) If the challenge is on the ground that he previously voted a ballot for the election, "I swear or affirm that I have not voted for any of the candidates or questions included on this ballot for this election"; or
(c) If the challenge is on the ground that he is not the person he claims to be, "I swear or affirm that I am the person whose name is in this election board register."
The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.
3. If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words "Challenged ................" opposite his name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in section 35 of this act.
5. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.
6. If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his driver's license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years old who:
(1) Furnishes official identification which contains a photograph of himself, such as his driver's license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
8. The election board officers shall record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.
Sec. 33 1. If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of section 34 of this act or if a person refuses to provide an affirmation pursuant to section 71 of this act, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.
2. The city clerk shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to section 71 of this act in:
(a) A special ballot box if the ballots are paper ballots or ballots that are voted by punching a card; or
(b) A special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.
3. A person who votes at a special polling place may place his vote only for the following offices and questions:
(a) All officers for whom all voters in the city may vote; and
(b) Questions that have been submitted to all voters of the city.
4. The ballots voted at the special polling place must be counted when other ballots are counted and:
(a) If the ballots are paper ballots or ballots that are voted by punching a card, maintained in a separate ballot box; or
(b) If the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container,
until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.
Sec. 34 1. If at the hour of closing the polls there are any registered voters waiting to vote, the doors of the polling place must be closed after all those voters have been admitted to the polling place. Voting must continue until those voters have voted.
2. The officer appointed by the chief law enforcement officer of the city shall allow other persons to enter the polling place after the doors have been closed to observe or for any other lawful purpose if there is room within the polling place and their admittance will not interfere with the voting.
Sec. 35 After the last person entitled to vote has voted, the voting board shall, before adjourning, put the records and the account of ballots in order for the counting board.
Sec. 36 1. The city clerk 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 resides within or outside this state, not later than 20 days before the election in which it will be used.
3. Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.
Sec. 37 1. Except as otherwise provided in section 48 of this act, 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 city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
Sec. 38 1. Except as otherwise provided in section 23 of this act and NRS 293.502, a registered voter who provides sufficient written notice to the city 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 that 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 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 that is signed by the registered voter and returned to the city clerk in person or by mail;
(b) Form prescribed by the secretary of state that is completed and signed by the registered voter and returned to the city clerk in person or by mail; or
(c) Form provided by the Federal Government.
4. A city 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 the primary city election and the general city election 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 any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 39 1. A registered voter referred to in section 40 of this act may, at any time before 5 p.m. on the Tuesday preceding any election, make an application to the city clerk for an absent voter's ballot. The application must be made available for public inspection.
2. When the voter has identified himself to the satisfaction of the city clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.
3. A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.
Sec. 40 1. Any registered voter of this state who resides outside the continental United States may use a facsimile machine to request an absent ballot.
2. The city clerk shall use a facsimile machine to send an absent ballot to the registered voter.
3. The registered voter shall mail his absent ballot to the city clerk.
4. The secretary of state shall adopt regulations to carry out the provisions of this section.
5. As used in this section, "facsimile machine" means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
Sec. 41 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 city clerk send him an absent ballot. The city clerk shall deliver the ballot, at the office of the city 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 section 41 of this act and is unable to vote at the polling place, he may apply to the city clerk for an absent ballot at any time before 5 p.m. on the day of the election. The city clerk shall issue an absent ballot upon satisfactory proof of the emergency.
2. After marking his ballot the voter must place it in the identification envelope. The voter must affix his signature on the back of the envelope and return it to the office of the city 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 city 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. 42 1. The city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper 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. 43 1. If the request for an absent ballot is made by mail or telegram, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:
(a) Except as otherwise provided in paragraph (b), an absent ballot, a return envelope, a stamp for marking the ballot, a stamp pad and instructions.
(b) In those cities using a mechanical voting system whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot and instructions.
2. The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
3. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.
4. Before depositing the ballot with the United States Postal Service, the 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, the number of the ballot and any remarks he finds appropriate.
Sec. 44 1. Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the city clerk through the mails, and record thereof is made in the absent ballot record book, the city clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.
2. If the city clerk has appointed an absent ballot central counting board, the 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 voter on the county clerk's register. If the 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 city clerk shall deliver the ballot box to the absent ballot counting board to be counted.
3. If the city uses a mechanical voting system, the 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 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 city clerk shall deliver the ballot box to the central counting place.
Sec. 45 1. If a request for an absent ballot is made by a registered voter in person, the city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the city clerk's office and returned to the city clerk. The city clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. At least 25 days before a primary city election or general city election until 5:00 p.m. the day before the election, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.
Sec. 46 1. When an absent voter receives his ballot, he must stamp 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 city clerk's office, he must stamp 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 city 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 "Spoiled."
3. Except as otherwise provided in section 43 of this act, 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. 47 1. On the day of an election, the precinct or district election boards receiving the absent voters' ballots from the 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. 48 When all absent ballots delivered to precinct or district election boards have been voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
Sec. 49 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 city clerk, receiving a certificate so stating and voting in person on election day in the manner provided in section 25 of this act.
Sec. 50 1. In cities in which an absent ballot central counting board is appointed, the city clerk shall provide a ballot box in his office for each different ballot listing in the city.
2. On each box there must appear a statement indicating the precincts and district for which the box has been designated.
3. Each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting that ballot.
Sec. 51 1. A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the 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 sections 54 to 57, inclusive, of this act.
2. Whenever the 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 sections 54 to 57, inclusive, of this act.
Sec. 52 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 held, an official mailing ballot to be voted by him at the election.
Sec. 53 1. The city clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. Except as otherwise provided in subsection 3, the ballot must be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope;
(c) A sample ballot; and
(d) Instructions regarding the manner of stamping and returning the ballot.
3. In those 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) A sample ballot; and
(e) Instructions concerning the manner of punching and returning the card.
Sec. 54 Upon receipt of a mailing ballot from the 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 city clerk.
2. In those 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 city clerk.
Sec. 55 Upon receipt of the return envelope from the registered voter, the city clerk shall follow the same procedure as in the case of absent ballots.
Sec. 56 The 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 sections 85 and 86 of this act. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.
Sec. 57 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 that 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 determine 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 the number of names on the pollbooks, the ballots must be replaced in the box and a counting board officer shall, with his back turned to the box, 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 city clerk with the other ballots rejected for any cause.
4. When it has been determined 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. 58 A counting board in any precinct or district in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.
Sec. 59 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 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 allowed 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, chapter 293 or 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 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. 60 1. Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the third 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 deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 61 When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.
Sec. 62 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 city clerk.
3. The other pollbooks, tally lists and election board register must be returned to the city clerk.
Sec. 63 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. If votes are cast on ballots that are mechanically or electronically tabulated in accordance with the provisions of this chapter, chapter 293 or 293B of NRS, the 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.
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 city conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.
Sec. 64 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 the ballots deposited in the absent voters' ballot boxes before that day and determine whether each box has the required number of ballots according to the city clerk's absent voters' record.
2. Any absent ballots received by the 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 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. 65 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 determine whether each box has the required number of ballots according to the city clerk's absent voters' ballot record.
2. If any absent ballots are received by the city clerk on election day pursuant to section 43 of this act, the city clerk shall hold the ballots until the ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the 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 city clerk, who 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 that 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 city clerks shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.
Sec. 66 1. The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.
2. After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the fifth working day following the election.
3. In completing the canvass of the returns, the governing body of the city and the mayor 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.
4. After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.
5. The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the secretary of state and must contain the number of votes cast for each candidate.
6. After the abstract is entered, the:
(a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.
(b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:
(1) Certify the abstract;
(2) Make a copy of the certified abstract;
(3) Make a mechanized report of the abstract in compliance with regulations adopted by the secretary of state; and
(4) Transmit the copy of the certified abstract and the mechanized report of the abstract to the secretary of state within 6 working days after the election.
7. After the abstract of the results from a:
(a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which he is nominated.
(b) General city election has been certified, the city clerk shall:
(1) Issue under his hand and official seal to each person elected a certificate of election; and
(2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.
8. The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.
Sec. 67 1. The voted ballots, rejected ballots, spoiled ballots, unused ballots, tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least 22 months. All sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.
3. A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1, except the voted ballots.
4. The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.
Sec. 68 1. If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after he receives notice of the decision of the court:
(a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and
(b) Transmit a notice of the extended deadline to each registered voter who requested an absent voter's ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1 must be published:
(a) In a city whose population is 25,000 or more, on at least 3 successive days.
(b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper.
Sec. 69 1. Any elector who is registered to vote and has changed his residence after the last preceding general city election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530, or 293.535 who moved:
(a) From one precinct to another within the same city must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.
(b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.
2. If an elector alleges that the records in the registrar of voters' register or the election board register incorrectly indicate that he has changed his residence, he must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.
3. If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the city in the manner set forth in section 35 of this act.
Sec. 70 1. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary city election or general city 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 city election 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 city and county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the offices of the city and 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 before a primary city election or general city election, according to the following schedule:
(a) In a city whose population is less than 25,000, those offices must be open during the last 3 days before registration closes.
(b) In a city whose population is 25,000 or more, 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 city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating the day that registration will be closed. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city 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.
Sec. 71 1. At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the 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 city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

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

2. 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. 72 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. 73 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. 74 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. 75 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. 76 The governing body of a city shall provide all necessary books, ballots and supplies for the proper conduct of city elections.
Sec. 77 The governing body of a city may cause a list of the electors registered to vote at any city election to be published.
Sec. 78 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. 79 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. 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. 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. 80 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. 81 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. 82 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. 83 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. 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. 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. 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. 84 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. 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. 85 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. 86 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. 87 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. 88 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. 89 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:

Declaration of Candidacy of ........ for the
Office of ................

State of Nevada }
}ss.
County of }

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of ................, State of Nevada; that my actual residence therein began on a date 30 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; 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:

Declaration of Candidacy of ........ for the
Office of ................

State of Nevada }
}ss.
County of }

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm that I reside at No. ........, ........ Street, in the City or Town of ................, County of .................., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before
me this ..... day of ........, 19...

Notary Public or other person
authorized to administer an oath

3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate's name. The nickname must be in quotation marks and appear immediately before the candidate's surname. A nickname must not indicate any political, [economical,] 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. 90 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. 91 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. 92 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. 93 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. 94 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. 95 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. 96 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. 97 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. 98 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. 99 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. 100 NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office.
4. If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. Where 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. 101 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. 102 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. 103 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. 104 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. 105 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. 106 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. 107 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. 108 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. 109 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), an absent ballot, a return envelope, a stamp for marking the ballot, a stamp pad and instructions.
(b) In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot and instructions.
2. The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
3. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.
4. Before depositing the ballot in the mails, 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. 110 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. 111 NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he must stamp 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 stamp 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 "Spoiled."
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. 112 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. 113 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. 114 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. 115 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. 116 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. 117 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) A stamp and stamp pad;
(b) A return envelope;
(c) A sample ballot; and
(d) Instructions regarding the manner of stamping and returning the ballot.
3. In those counties [or cities] using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:
(a) A sheet of foam plastic or similar backing material attached to the card;
(b) A punching instrument;
(c) A return envelope;
(d) A sample ballot; and
(e) Instructions regarding the manner of punching and returning the card.
Sec. 118 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. 119 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. 120 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. 121 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. 122 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. 123 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. 124 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. 125 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. 126 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. 127 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. 128 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. 129 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. 130 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. 131 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. 132 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. 133 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 and verified 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. 134 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. 135 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. 136 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. 137 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. 138 NRS 293.565 is hereby amended to read as follows:
293.565 1. 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:

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

2. 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.
3. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 139 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. 140 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. 141 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. 142 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. 143 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. 144 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. 145 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:

CODE OF FAIR CAMPAIGN PRACTICES

There are basic principles of decency, honesty and fair play which every candidate for public office in the State of Nevada has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, the voters may exercise their constitutional right to vote for the candidate of their choice and that the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
1. I will conduct my campaign openly and publicly and limit attacks against my opponent to legitimate challenges to his voting record or qualifications for office.
2. I will not use character defamation or other false attacks on a candidate's personal or family life.
3. I will not use campaign material which misrepresents, distorts or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which are intended to create or exploit doubts, without justification, about the personal integrity of my opposition.
4. I will not condone any dishonest or unethical practice which undermines the American system of free elections or impedes or prevents the full and free expression of the will of the voters.
I, the undersigned, as a candidate for election to public office in the State of Nevada, hereby voluntarily pledge myself to conduct my
campaign in accordance with the principles and practices set forth in this code.

Date Signature of Candidate

3. A candidate who subscribes to the code and submits the form set forth in subsection 2 to the filing officer may indicate on his campaign materials that he subscribes to the code.
4. The secretary of state shall provide a sufficient number of copies of the form to the county clerks, registrar of voters and other filing officers.
Sec. 146 NRS 294A.390 is hereby amended to read as follows:
294A.390The officer from whom a candidate or entity requests a form for:
1. A declaration of candidacy;
2. An acceptance of candidacy;
3. [An affidavit of candidacy;
4.] The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to 294A.250; or
[5.] 4. The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,
shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or section 12 of this act must be printed on the forms. The candidate or entity shall acknowledge receipt of the material.
Sec. 147 NRS 306.015 is hereby amended to read as follows:
306.0151. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition [shall] must file a notice of intent with the filing officer with whom the public officer to be recalled filed his declaration of candidacy [,] or acceptance of candidacy [or affidavit of candidacy] pursuant to NRS 293.185 [, 293.620 or 293.640.] or section 3 or 5 of this act.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.
(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the verification of signatures is completed pursuant to NRS 293.1276 to 293.1279, inclusive.
3. The persons filing the notice of intent shall submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy [,] or acceptance of candidacy . [or affidavit of candidacy.]
5. Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.
6. A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.
Sec. 148 NRS 306.110 is hereby amended to read as follows:
306.1101. A petition to nominate other candidates for the office must be signed by registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the general election at which the public officer was elected.
2. The nominating petition must be filed, at least 15 days before the date of the special election, with the officer with whom the recall petition is filed.
3. Each candidate who is nominated for office must file an acceptance of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 or by the governing body of a city at least 15 days before the date of the special election.
Sec. 149 NRS 306.120 is hereby amended to read as follows:
306.120Any special election [shall] must be conducted [as provided in chapter] pursuant to the provisions of:
1. Chapter 293 of NRS for primary and general elections.
2. Sections 2 to 92, inclusive, of this act for primary city elections and general city elections.
Sec. 150 NRS 236.015 is hereby amended to read as follows:
236.0151. The following days are declared to be legal holidays for state, county and city governmental offices:
January 1 (New Year's Day)
Third Monday in January (Martin Luther King, Jr.'s Birthday)
Third Monday in February (Washington's Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans' Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans' Day.

2. Except as otherwise provided by NRS 293.560 [,] and section 72 of this act, all state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following must be observed as a legal holiday.
(b) Saturday, the Friday preceding must be observed as a legal holiday.
[4. To celebrate the 500th anniversary of the arrival of Cristoforo Columbo in the New World, October 12, 1992, is hereby declared to be a legal holiday for state, county and city governmental offices. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on this day.]
Sec. 151 NRS 266.038 is hereby amended to read as follows:
266.038A person who wishes to become a candidate for an elective office of a newly created city must:
1. Reside within the boundaries of the newly created city; and
2. File [an affidavit] a declaration of candidacy with the county clerk not less than 30 days nor more than 90 days before the date of the election.
Sec. 152 NRS 267.110 is hereby amended to read as follows:
267.1101. Any city having adopted a charter [under] pursuant to the provisions of NRS 267.010 to 267.140, inclusive, has [under] pursuant to the charter:
(a) All of the powers enumerated in the general laws of the state for the incorporation of cities.
(b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.
2. The charter, when submitted, must:
(a) Fix the number of commissioners, their terms of office and their duties and compensation.
(b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, [their] duties and powers.
(c) Fix, in accordance with the provisions of [NRS 293.620 and 293.630] sections 3 and 4 of this act or with the provisions of [NRS 293.640,] section 5 of this act the time for the first and subsequent elections for all elective officers . [, and, after] After the first election and the qualification of the officers [thereat] who were elected, the old officers and all boards or offices and their emoluments must be abolished . [, together with the emoluments thereof, and cease to exist.]
Sec. 153 NRS 281.575 is hereby amended to read as follows:
281.575The secretary of state and each county or city clerk who receives a declaration of candidacy, acceptance of candidacy [, affidavit of candidacy] or certificate of candidacy shall give to the candidate the form prescribed by the commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.
Sec. 154 NRS 283.040 is hereby amended to read as follows:
283.0401. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755 [.] or section 10 of this act.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give [such] the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events [enumerated] described in subsection 1, [should the incumbent fail or refuse] if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office [affected] is a state office or concerns more than one county, or the district attorney shall, if the office [affected] is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring [such] that office vacant.
Sec. 155 NRS 349.015 is hereby amended to read as follows:
349.0151. Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act, and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and
(2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.
(f) The maximum amount of the bonds.
(g) The maximum rate of interest.
(h) The maximum number of years which the bonds are to run.
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.
Sec. 156 NRS 349.017 is hereby amended to read as follows:
349.0171. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the [general election] laws for [such] a general election.
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published , at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as otherwise provided in subsection 4, the office of the county clerk in each county of this state [shall] must be open for such a special election, from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. The office of the county clerk [shall] must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted, during the last days of registration as provided in subsection 2 of NRS 293.560 [.] and subsection 2 of section 72 of this act.
5. The office of the county clerk [shall be opened] must be open for registration of voters for such a special election up to but excluding the 30th day next preceding [such] that election and during regular office hours.
Sec. 157 NRS 350.024 is hereby amended to read as follows:
350.0241. Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and
(2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.
(f) The maximum number of years which the obligations are to run.
(g) An estimate of the range of tax rates necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor's estimates.
2. If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.
3. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
4. If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for [two] 2 successive calendar weeks next preceding the close of registration for the election.
Sec. 158 NRS 350.027 is hereby amended to read as follows:
350.0271. In addition to any requirements imposed pursuant to NRS 350.024, any sample ballot required to be mailed pursuant to NRS 293.565 or section 73 of this act and any notice of election, for an election that includes a proposal for the issuance by any municipality of any bonds or other securities, including an election that is not called pursuant to NRS 350.020 to 350.070, inclusive, must contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.
2. For the purposes of this section, "municipality" has the meaning ascribed to it in NRS 350.538.
Sec. 159 Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election must be held on the date fixed by the [Nevada] election laws [,] of this state, at which time there must be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election [shall] must file a declaration [or acceptance] of candidacy as provided by the [Nevada] election laws [.] of this state.
3. A candidate for mayor, supervisor, municipal judge or any other office not otherwise provided for by law [shall] must pay to the clerk, at the time of filing the [affidavit] declaration of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. All candidates for the office of mayor and supervisor, and candidates for the office of municipal judge if a third department of the municipal court has been established, must be voted upon by the registered voters of Carson City at large.
5. If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.
6. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.
Sec. 160 Section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 466, Statutes of Nevada 1991, at page 1361, is hereby amended to read as follows:
Sec. 8. 1. The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:
(a) One member appointed by the board of supervisors of the City of Elko, who must be a current member of the board of supervisors;
(b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;
(c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority; and
(d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.
2. Subject to the provisions of subsection 3, the terms of those members appointed pursuant to paragraphs (a) and (b) of subsection 1 are coterminous with their respective terms in their specified elective offices.
3. Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause.
4. Any vacancy occurring among the members of the Board appointed [under] pursuant to paragraph (a) or (b) of subsection 1 must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the board elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by appointment by the board of county commissioners of Elko County. The member appointed by the board of county commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the board of county commissioners but must meet the residency requirements for the vacant position.
5. If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified member's position must be filled by the prompt appointment of a successor in the manner specified in subsection 4.
6. The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.
7. A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file [an affidavit] a declaration of candidacy with the county clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The county clerk shall designate the seat which will have an initial term of 2 years before any candidate files an affidavit of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this state and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. The Board shall reimburse the county clerk for all costs of each general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.
Sec. 161 Section 5.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2214, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election must be held on the Tuesday after the first Monday in May of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election [shall] must file a declaration [or acceptance] of candidacy as provided by the [Nevada] election laws [.] of this state.
3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law [shall] must pay to the city clerk, at the time of filing the [affidavit] declaration of candidacy, the filing fee in the amount fixed by the city council.
4. All candidates for elective office must be voted upon by the registered voters of the city at large.
5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected and no general election need be held for that office.
6. If at 5 p.m. on the last day for filing [an affidavit or] a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election may be held for that office.
Sec. 162 Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at an election held after June 1995 [shall file an affidavit] must file a declaration of candidacy with the city clerk not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. on the second Tuesday in May. The city clerk shall charge and collect from the candidate and the candidate [shall] must pay to the city clerk, at the time of filing the [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.
2. [If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.
3.] If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
[4.] 3. In the primary election:
(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.
[5.] 4. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.
Sec. 163 Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. A candidate for any office to be voted for at any general municipal election [shall] must file [an affidavit] a declaration of candidacy with the city clerk not less than 30 nor more than 40 days before the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.
2. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.
3. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
4. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.
Sec. 164 NRS 293.327, 293.570, 293.573, 293.575, 293.577, 293.580, 293.583, 293.610, 293.620, 293.630, 293.640, 293.650, 293.660 and 293.670 are hereby repealed.
Sec. 165 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 166 Sections 97, 108, 114, 119, 145, 146, 154, 162 and 167 of this act become effective at 12:01 a.m. on October 1, 1997.
Sec. 167 The legislative counsel shall:
1. In preparing the reprint and supplements to Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to "affidavit of candidacy" to "declaration of candidacy."
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to "affidavit of candidacy" to "declaration of candidacy."

LEADLINES OF REPEALED SECTIONS

293.327 Voting absent ballot in city clerk's office.
293.570 Registration in incorporated cities; preparation of official election board register.
293.573 Preparation and contents of checklists for wards and other voting districts.
293.575 Delivery of official register and checklists to city clerk.
293.577 City council to provide ballots and supplies.
293.580 City council may publish list of registered voters.
293.583 Compensation of county registrar; payment from city general fund.
293.610 Declaration of single candidate for nomination for office as elected.
293.620 Primary city election.
293.630 General city election in city of first class or second class: Date; candidates voted on by electors at large; terms of councilmen.
293.640 General city election in city of third class: Date; term of mayor and councilmen; affidavit of candidacy; candidates for mayor voted on by electors at large; candidates for councilmen voted on by electors of ward or electors at large.
293.650 Conduct.
293.660 Persons entitled to vote; supplemental registration.
293.670 Returns filed with city clerk; canvass of returns; preparation of abstract of votes; limitation on inspection of returns; certificates of election.

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