Assembly Bill No.
125–Committee on Elections,
Procedures, and Ethics
CHAPTER..........
AN ACT relating to elections; revising deadlines relating to the filing of certain documents before an election; providing for the filing and storage of certain documents by electronic means; revising provisions relating to pupils serving as trainees for the position of election board officer; revising provisions relating to absent ballots; authorizing a county or city clerk to designate centralized voting locations for certain elderly or disabled voters under certain circumstances; providing that certain voting records will be printed on paper only in the event of an election contest or recount; making various changes to election procedures; requiring that a candidate for the position of member of a town board who is unopposed be declared elected to the position; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 293.1715 is hereby amended to read as
1-2 follows:
1-3 293.1715 1. The names of the candidates for partisan office
1-4 of a minor political party must not appear on the ballot for a primary
1-5 election.
1-6 2. The names of the candidates for partisan office of a minor
1-7 political party must be placed on the ballot for the general election if
1-8 the party has filed a certificate of existence and a list of its
1-9 candidates for partisan office pursuant to the provisions of NRS
1-10 293.1725 with the Secretary of State and:
1-11 (a) At the last preceding general election, the minor political
1-12 party polled for any of its candidates for partisan office a number of
1-13 votes equal to or more than 1 percent of the total number of votes
1-14 cast for the offices of Representative in Congress;
1-15 (b) On January 1 preceding a primary election, the minor
1-16 political party has been designated as the political party on the
1-17 applications to register to vote of at least 1 percent of the total
1-18 number of registered voters in this state; or
1-19 (c) Not later than the second Friday in August preceding the
1-20 general election, files a petition with the Secretary of State which is
1-21 signed by a number of registered voters equal to at least 1 percent of
1-22 the total number of votes cast at the last preceding general election
1-23 for the offices of Representative in Congress.
1-24 3. The name of a candidate for partisan office for a minor
1-25 political party other than a candidate for the office of President or
2-1 Vice President of the United States must be placed on the ballot for
2-2 the general election if the party has filed:
2-3 (a) A certificate of existence;
2-4 (b) A list of candidates for partisan office containing the name
2-5 of the candidate pursuant to the provisions of NRS 293.1725 with
2-6 the Secretary of State; and
2-7 (c) Not earlier than the first Monday in May preceding the
2-8 general election and not later than 5 p.m. on the [third] second
2-9 Friday after the first Monday in May, a petition on behalf of the
2-10 candidate with the Secretary of State containing not less than:
2-11 (1) Two hundred fifty signatures of registered voters if the
2-12 candidate is to be nominated for a statewide office; or
2-13 (2) One hundred signatures of registered voters if the
2-14 candidate is to be nominated for any office except a statewide
2-15 office.
2-16 A minor political party that places names of one or more candidates
2-17 for partisan office on the ballot pursuant to this subsection may also
2-18 place the names of one or more candidates for partisan office on the
2-19 ballot pursuant to subsection 2.
2-20 4. The name of only one candidate of each minor political
2-21 party for each partisan office may appear on the ballot for a general
2-22 election.
2-23 5. A minor political party must file a copy of the petition
2-24 required by paragraph (c) of subsection 2 or paragraph (c) of
2-25 subsection 3 with the Secretary of State before the petition may be
2-26 circulated for signatures.
2-27 Sec. 2. NRS 293.1725 is hereby amended to read as follows:
2-28 293.1725 1. Except as otherwise provided in subsection 4, a
2-29 minor political party that wishes to place its candidates for partisan
2-30 office on the ballot for a general election and:
2-31 (a) Is entitled to do so pursuant to paragraph (a) or (b) of
2-32 subsection 2 of NRS 293.1715;
2-33 (b) Files a petition pursuant to paragraph (c) of subsection 2 of
2-34 NRS 293.1715; or
2-35 (c) Whose candidates are entitled to appear on the ballot
2-36 pursuant to subsection 3 of NRS 293.1715,
2-37 must file with the Secretary of State a list of its candidates for
2-38 partisan office not earlier than the first Monday in May preceding
2-39 the election nor later than 5 p.m. on the [third] second Friday after
2-40 the first Monday in May. The list must be signed by the person so
2-41 authorized in the certificate of existence of the minor political party
2-42 before a notary public or other person authorized to take
2-43 acknowledgments. The Secretary of State shall strike from the list
2-44 each candidate who is not entitled to appear on the ballot pursuant to
2-45 subsection 3 of NRS 293.1715 if the minor political party is not
2-46 entitled to place candidates on the ballot pursuant to subsection 2 of
3-1 NRS 293.1715. The list [must not] may be amended [after it is
3-2 filed.] not later than 5 p.m. on the second Friday after the first
3-3 Monday in May.
3-4 2. The Secretary of State shall immediately forward a certified
3-5 copy of the list of candidates for partisan office of each minor
3-6 political party to the filing officer with whom each candidate must
3-7 file his declaration of candidacy.
3-8 3. Each candidate on the list must file his declaration of
3-9 candidacy with the appropriate filing officer and pay the fee
3-10 required by NRS 293.193 not earlier than the date on which the list
3-11 of candidates for partisan office of his minor political party is filed
3-12 with the Secretary of State nor later than 5 p.m. on the [third]
3-13 second Friday after the first Monday in May.
3-14 4. A minor political party that wishes to place candidates for
3-15 the offices of President and Vice President of the United States on
3-16 the ballot and has qualified to place the names of its candidates for
3-17 partisan office on the ballot for the general election pursuant to
3-18 subsection 2 of NRS 293.1715 must file with the Secretary of State
3-19 a certificate of nomination for these offices not later than the first
3-20 Tuesday in September.
3-21 Sec. 3. NRS 293.177 is hereby amended to read as follows:
3-22 293.177 1. Except as otherwise provided in NRS 293.165, a
3-23 name may not be printed on a ballot to be used at a primary election
3-24 unless the person named has filed a declaration of candidacy or an
3-25 acceptance of candidacy, and paid the fee required by NRS 293.193
3-26 not earlier than the first Monday in May of the year in which the
3-27 election is to be held nor later than 5 p.m. on the [third] second
3-28 Friday after the first Monday in May.
3-29 2. A declaration of candidacy or an acceptance of candidacy
3-30 required to be filed by this section must be in substantially the
3-31 following form:
3-32 (a) For partisan office:
3-33 Declaration of Candidacy of ........ for the
3-34 Office of ................
3-35 State of Nevada
3-36 County of.........
3-37 For the purpose of having my name placed on the official ballot as a
3-38 candidate for the ................ Party nomination for the office of
3-39 ………, I, the undersigned …….., do swear or affirm under penalty
3-40 of perjury that I actually, as opposed to constructively, reside at
3-41 ………., in the City or Town of ……., County of ………., State of
3-42 Nevada; that my actual, as opposed to constructive, residence in the
4-1 state, district, county, township, city or other area prescribed by law
4-2 to which the office pertains began on a date at least 30 days
4-3 immediately preceding the date of the close of filing of declarations
4-4 of candidacy for this office; that my telephone number is ............,
4-5 and the address at which I receive mail, if different than my
4-6 residence, is .........; that I am registered as a member of the
4-7 ................ Party; that I have not, in violation of the provisions of
4-8 NRS 293.176, changed the designation of my political party or
4-9 political party affiliation on an official application to register to vote
4-10 in any state since September 1 before the closing filing date for this
4-11 election; that I generally believe in and intend to support the
4-12 concepts found in the principles and policies of that political party in
4-13 the coming election; that if nominated as a candidate of the
4-14 ................ Party at the ensuing election, I will accept that
4-15 nomination and not withdraw; that I will not knowingly violate any
4-16 election law or any law defining and prohibiting corrupt and
4-17 fraudulent practices in campaigns and elections in this state; that I
4-18 will qualify for the office if elected thereto, including, but not
4-19 limited to, complying with any limitation prescribed by the
4-20 Constitution and laws of this state concerning the number of years
4-21 or terms for which a person may hold the office; and that I
4-22 understand that my name will appear on all ballots as designated in
4-23 this declaration.
4-24 .........................................
4-25 (Designation of name)
4-26 .........................................
4-27 (Signature of candidate for office)
4-28 Subscribed and sworn to before
4-29 me this ..... day of the month of ........ of the year....
4-30 ......................................
4-31 Notary Public or other person
4-32 authorized to administer an oath
4-33 (b) For nonpartisan office:
4-34 Declaration of Candidacy of ........ for the
4-35 Office of ................
4-36 State of Nevada
4-37 County of.........
5-1 For the purpose of having my name placed on the official ballot as a
5-2 candidate for the office of ................, I, the undersigned ................,
5-3 do swear or affirm under penalty of perjury that I actually, as
5-4 opposed to constructively, reside at ………, in the City or Town of
5-5 ……., County of ………, State of Nevada; that my actual, as
5-6 opposed to constructive, residence in the state, district, county,
5-7 township, city or other area prescribed by law to which the office
5-8 pertains began on a date at least 30 days immediately preceding the
5-9 date of the close of filing of declarations of candidacy for this
5-10 office; that my telephone number is ..........., and the address at
5-11 which I receive mail, if different than my residence, is ..........; that if
5-12 nominated as a nonpartisan candidate at the ensuing election, I will
5-13 accept the nomination and not withdraw; that I will not knowingly
5-14 violate any election law or any law defining and prohibiting corrupt
5-15 and fraudulent practices in campaigns and elections in this state; that
5-16 I will qualify for the office if elected thereto, including, but not
5-17 limited to, complying with any limitation prescribed by the
5-18 Constitution and laws of this state concerning the number of years
5-19 or terms for which a person may hold the office; and my name will
5-20 appear on all ballots as designated in this declaration.
5-21 .........................................
5-22 (Designation of name)
5-23 .........................................
5-24 (Signature of candidate for office)
5-25 Subscribed and sworn to before
5-26 me this ..... day of the month of ........ of the year ....
5-27 ......................................
5-28 Notary Public or other person
5-29 authorized to administer an oath
5-30 3. A person may be a candidate under his given name and
5-31 surname, a contraction or familiar form of his given name followed
5-32 by his surname or the initial of his given name followed by his
5-33 surname. A nickname of not more than 10 letters may be
5-34 incorporated into a candidate’s name. The nickname must be in
5-35 quotation marks and appear immediately before the candidate’s
5-36 surname. A nickname must not indicate any political, economic,
5-37 social or religious view or affiliation and must not be the name of
5-38 any person, living or dead, whose reputation is known on a
5-39 statewide, nationwide or worldwide basis, or in any other manner
5-40 deceive a voter regarding the person or principles for which he is
5-41 voting.
6-1 4. The address of a candidate which must be included in the
6-2 declaration of candidacy or acceptance of candidacy pursuant to
6-3 subsection 2 must be the street address of the residence where he
6-4 actually, as opposed to constructively, resides in accordance with
6-5 NRS 281.050, if one has been assigned. The declaration or
6-6 acceptance of candidacy must not be accepted for filing if the
6-7 candidate’s address is listed as a post office box unless a street
6-8 address has not been assigned to his residence.
6-9 5. By filing the declaration or acceptance of candidacy, the
6-10 candidate shall be deemed to have appointed the filing officer for
6-11 the office as his agent for service of process for the purposes of a
6-12 proceeding pursuant to NRS 293.182. Service of such process must
6-13 first be attempted at the appropriate address as specified by the
6-14 candidate in the declaration or acceptance of candidacy. If the
6-15 candidate cannot be served at that address, service must be made by
6-16 personally delivering to and leaving with the filing officer duplicate
6-17 copies of the process. The filing officer shall immediately send, by
6-18 registered or certified mail, one of the copies to the candidate at his
6-19 specified address, unless the candidate has designated in writing to
6-20 the filing officer a different address for that purpose, in which case
6-21 the filing officer shall mail the copy to the last address so
6-22 designated.
6-23 Sec. 4. NRS 293.200 is hereby amended to read as follows:
6-24 293.200 1. An independent candidate for partisan office must
6-25 file with the appropriate filing officer:
6-26 (a) A copy of the petition of candidacy that he intends to
6-27 circulate for signatures. The copy must be filed not earlier than the
6-28 January 2 preceding the date of the election and not later than 25
6-29 working days before the last day to file the petition pursuant to
6-30 subsection 4. The copy must also be filed before the petition may be
6-31 circulated.
6-32 (b) Either of the following:
6-33 (1) A petition of candidacy signed by a number of registered
6-34 voters equal to at least 1 percent of the total number of ballots cast
6-35 in:
6-36 (I) This state for that office at the last preceding general
6-37 election in which a person was elected to that office, if the office is a
6-38 statewide office;
6-39 (II) The county for that office at the last preceding general
6-40 election in which a person was elected to that office, if the office is a
6-41 county office; or
6-42 (III) The district for that office at the last preceding
6-43 general election in which a person was elected to that office, if the
6-44 office is a district office.
6-45 (2) A petition of candidacy signed by 250 registered voters if
6-46 the candidate is a candidate for statewide office, or signed by 100
7-1 registered voters if the candidate is a candidate for any office other
7-2 than a statewide office.
7-3 2. The petition may consist of more than one document. Each
7-4 document must bear the name of the county in which it was
7-5 circulated and only registered voters of that county may sign the
7-6 document. If the office is not a statewide office, only the registered
7-7 voters of the county, district or municipality in question may sign
7-8 the document. The documents that are circulated for signature in a
7-9 county must be submitted to that county clerk for verification in the
7-10 manner prescribed in NRS 293.1276 to 293.1279, inclusive, not
7-11 later than 25 working days before the last day to file the petition
7-12 pursuant to subsection 4. Each person who signs the petition shall
7-13 add to his signature the address of the place at which he actually
7-14 resides, the date that he signs the petition and the name of the
7-15 county where he is registered to vote. The person who circulates
7-16 each document of the petition shall sign an affidavit attesting that
7-17 the signatures on the document are genuine to the best of his
7-18 knowledge and belief and were signed in his presence by persons
7-19 registered to vote in that county.
7-20 3. The petition of candidacy may state the principle, if any,
7-21 which the person qualified represents.
7-22 4. Petitions of candidacy must be filed not earlier than the first
7-23 Monday in May preceding the general election and not later than 5
7-24 p.m. on the [third] second Friday after the first Monday in May.
7-25 5. No petition of candidacy may contain the name of more than
7-26 one candidate for each office to be filled.
7-27 6. A person may not file as an independent candidate if he is
7-28 proposing to run as the candidate of a political party.
7-29 7. The names of independent candidates must be placed on the
7-30 general election ballot and must not appear on the primary election
7-31 ballot.
7-32 8. If the candidacy of any person seeking to qualify pursuant to
7-33 this section is challenged, all affidavits and documents in support of
7-34 the challenge must be filed not later than 5 p.m. on the fourth
7-35 Monday in May. Any judicial proceeding resulting from the
7-36 challenge must be set for hearing not more than 5 days after the
7-37 fourth Monday in May.
7-38 9. Any challenge pursuant to subsection 8 must be filed with:
7-39 (a) The first judicial district court if the petition of candidacy
7-40 was filed with the Secretary of State.
7-41 (b) The district court for the county where the petition of
7-42 candidacy was filed if the petition was filed with a county clerk.
7-43 10. An independent candidate for partisan office must file a
7-44 declaration of candidacy with the appropriate filing officer and pay
7-45 the fee required by NRS 293.193 not earlier than the first Monday in
8-1 May of the year in which the election is held nor later than 5 p.m. on
8-2 the [third] second Friday after the first Monday in May.
8-3 Sec. 5. NRS 293.206 is hereby amended to read as follows:
8-4 293.206 1. On or before the last day in May of every even-
8-5 numbered year, the county clerk shall provide the Secretary of State
8-6 and the Director of the Legislative Counsel Bureau with a copy or
8-7 electronic file of a map showing the boundaries of all election
8-8 precincts in the county . [together with a word description of the
8-9 boundaries of the precincts.]
8-10 2. If the Secretary of State determines that the boundaries of an
8-11 election precinct do not comply with the provisions of NRS
8-12 293.205, he must provide the county clerk with a written statement
8-13 of noncompliance setting forth the reasons the precinct is not in
8-14 compliance. Within 15 days after receiving the notice of
8-15 noncompliance, the county clerk shall make any adjustments to the
8-16 boundaries of the precinct which are required to bring the precinct
8-17 into compliance with the provisions of NRS 293.205 and he shall
8-18 submit a corrected copy or electronic file of the precinct map
8-19 [together with a corrected word description of the altered boundaries
8-20 of the precinct] to the Secretary of State and the Director of the
8-21 Legislative Counsel Bureau.
8-22 3. If the initial or corrected election precinct map is not filed as
8-23 required pursuant to this section or the county clerk fails to make the
8-24 necessary changes to the boundaries of an election precinct pursuant
8-25 to subsection 2, the Secretary of State may establish appropriate
8-26 precinct boundaries in compliance with the provisions of NRS
8-27 293.205 to 293.213, inclusive. If the Secretary of State revises the
8-28 map [or description] pursuant to this subsection, he shall submit a
8-29 copy or electronic file of the revised map [or description] to the
8-30 Director of the Legislative Counsel Bureau and the appropriate
8-31 county clerk.
8-32 4. As used in this section, “electronic file” includes, without
8-33 limitation, an electronic data file of a geographic information
8-34 system.
8-35 Sec. 6. NRS 293.208 is hereby amended to read as follows:
8-36 293.208 1. Except as otherwise provided in subsections 2, 3
8-37 and 5 and in NRS 293.206, no election precinct may be created,
8-38 divided, abolished or consolidated, or the boundaries thereof
8-39 changed, during the period between the third Wednesday in May of
8-40 any year whose last digit is 6 and the time when the Legislature has
8-41 been redistricted in a year whose last digit is 1, unless the creation,
8-42 division, abolishment or consolidation of the precinct, or the change
8-43 in boundaries thereof, is:
8-44 (a) Ordered by a court of competent jurisdiction;
8-45 (b) Required to meet objections to a precinct by the Attorney
8-46 General of the United States pursuant to the Voting Rights Act of
9-1 1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments
9-2 thereto;
9-3 (c) Required to comply with subsection 2 of NRS 293.205;
9-4 (d) Required by the incorporation of a new city; or
9-5 (e) Required by the creation of or change in the boundaries of a
9-6 special district.
9-7 As used in this subsection, “special district” means any general
9-8 improvement district or any other quasi-municipal corporation
9-9 organized under the local improvement and service district laws of
9-10 this state as enumerated in title 25 of NRS which is required by law
9-11 to hold elections or any fire protection district which is required by
9-12 law to hold elections.
9-13 2. If a city annexes an unincorporated area located in the same
9-14 county as the city and adjacent to the corporate boundary, the
9-15 annexed area may be included in an election precinct immediately
9-16 adjacent to it.
9-17 3. A new election precinct may be established at any time if it
9-18 lies entirely within the boundaries of any existing precinct.
9-19 4. If a change in the boundaries of an election precinct is made
9-20 pursuant to this section during the time specified in subsection 1, the
9-21 county clerk must:
9-22 (a) Within 15 days after the change to the boundary of a precinct
9-23 is established by the county clerk or ordered by a court, send to the
9-24 Director of the Legislative Counsel Bureau and the Secretary of
9-25 State a copy or electronic file of a map showing the new boundaries
9-26 of the precinct ; [together with a word description of the new
9-27 boundaries;] and
9-28 (b) Maintain in his office an index providing the name of the
9-29 precinct and describing all changes which were made, including any
9-30 change in the name of the precinct and the name of any new precinct
9-31 created within the boundaries of an existing precinct.
9-32 5. Cities of population categories two and three are exempt
9-33 from the provisions of subsection 1.
9-34 6. As used in this section, “electronic file” includes, without
9-35 limitation, an electronic data file of a geographic information
9-36 system.
9-37 Sec. 7. NRS 293.2175 is hereby amended to read as follows:
9-38 293.2175 1. The county clerk may appoint a pupil as a
9-39 trainee for the position of election board officer. To qualify for such
9-40 an appointment, the pupil must be:
9-41 (a) A United States citizen, a resident of Nevada and a resident
9-42 of the county in which he serves;
9-43 (b) Enrolled [as a senior] in high school; and
9-44 (c) At the time of service, [enrolled in or have completed a high
9-45 school course in American government in accordance with NRS
9-46 389.020; and
10-1 (d) Performing at an academic level deemed acceptable by the
10-2 principal of the pupil’s high school.] at least 16 years of age.
10-3 2. The county clerk may only appoint a pupil as a trainee if:
10-4 (a) The pupil is appointed without party affiliation;
10-5 (b) The county clerk sends the pupil a certificate stating the date
10-6 and hours that the pupil[, upon approval,] will act as a trainee;
10-7 (c) At least 20 days before the election in which the pupil will
10-8 act as a trainee, the principal of his high school or his assigned
10-9 school counselor receives the county clerk’s certificate and a
10-10 written request signed by his parent or guardian to be excused from
10-11 school for the time specified in the certificate;
10-12 (d) The principal of the high school or the assigned school
10-13 counselor of the pupil approves the pupil’s request; and
10-14 (e) The pupil attends the training class required by
10-15 NRS 293B.260.
10-16 3. [The] Except as otherwise provided in this subsection, the
10-17 county clerk may assign a trainee such duties as the county clerk
10-18 deems appropriate. The county clerk shall not [require] :
10-19 (a) Require the trainee to perform those duties later than 10 p.m.
10-20 or any applicable curfew, whichever is earlier[.] ; or
10-21 (b) Assign more than one trainee to serve as an election board
10-22 officer in any one precinct.
10-23 4. The county clerk may compensate a trainee for his service at
10-24 the same rate fixed for election board officers generally.
10-25 Sec. 8. NRS 293.227 is hereby amended to read as follows:
10-26 293.227 1. Each election board consists of at least three
10-27 members, one of whom must be designated chairman by the county
10-28 or city clerk. The boards shall make the records of election required
10-29 by this chapter.
10-30 2. The appointment of a trainee as set forth in NRS 293.2175
10-31 and 293C.222 may be used to determine the number of members on
10-32 the election board, but under no circumstances may [trainees
10-33 comprise more than one-third of the] :
10-34 (a) The election board of any precinct [or] include more than
10-35 one trainee; or
10-36 (b) A trainee serve as chairman of the election board.
10-37 3. The county or city clerk shall conduct or cause to be
10-38 conducted, at least 5 days before the date of the election for which
10-39 the boards are appointed, a school to acquaint the chairmen with the
10-40 election laws, duties of election boards, regulations of the Secretary
10-41 of State and with the procedure for making the records of election
10-42 and using the register for election boards. If the person appointed
10-43 chairman is unable for any reason to attend the school, he shall
10-44 appoint some other member of his election board to attend the
10-45 school in his stead.
11-1 4. The board of county commissioners of any county or the city
11-2 council of any city may reimburse the chairmen or their designees
11-3 who attend the school for their travel expenses at a rate not
11-4 exceeding 10 cents per mile.
11-5 5. Each chairman shall instruct his board before election day.
11-6 Sec. 9. NRS 293.262 is hereby amended to read as follows:
11-7 293.262 An absent ballot or a ballot voted by a voter who
11-8 resides in a mailing precinct must be voted [on] :
11-9 1. On a paper ballot [or] ;
11-10 2. On a ballot which is voted by punching a card[.] ; or
11-11 3. By any other system authorized by state or federal law.
11-12 Sec. 10. NRS 293.2955 is hereby amended to read as follows:
11-13 293.2955 1. Except as otherwise provided in subsection 2, at
11-14 all times during which a polling place is open, the polling place
11-15 must:
11-16 (a) Be accessible to a voter who is elderly or disabled; and
11-17 (b) Have at least one voting booth that is:
11-18 (1) Designed to allow a voter in a wheelchair to vote;
11-19 (2) Designated for use by a voter who is elderly or disabled;
11-20 and
11-21 (3) Equipped to allow a voter who is elderly or disabled to
11-22 vote with the same privacy as a voter who is not elderly or disabled.
11-23 2. A polling place that does not comply with the provisions of
11-24 subsection 1 may be used if necessary because of a natural disaster,
11-25 including, without limitation, an earthquake, flood, fire or storm.
11-26 3. At each polling place, the county clerk is encouraged to:
11-27 (a) Post in a conspicuous place, in at least 12-point type,
11-28 instructions for voting;
11-29 (b) Provide ballots in alternative audio and visual formats for
11-30 use by a voter who is elderly or disabled; and
11-31 (c) Provide, in alternative audio and visual formats for use by a
11-32 voter who is elderly or disabled, all materials that are:
11-33 (1) Related to the election; and
11-34 (2) Made available to a voter in printed form at the polling
11-35 place.
11-36 4. As an alternative to carrying out the functions described in
11-37 subsection 3, if in the opinion of the county clerk the needs of
11-38 voters who are elderly or disabled requiring the use of specially
11-39 equipped voting devices will be best served by placing such devices
11-40 at centralized voting locations, he may so provide. If the county
11-41 clerk provides for the placement of specially equipped voting
11-42 devices at centralized locations, a voter who is elderly or disabled
11-43 and requires the use of such a device to be able to cast his ballot
11-44 without assistance may cast his ballot at any centralized voting
11-45 location designated by the county clerk.
12-1 Sec. 11. NRS 293.313 is hereby amended to read as follows:
12-2 293.313 1. Except as otherwise provided in NRS 293.272
12-3 and 293.502, a registered voter who provides sufficient written
12-4 notice to the county clerk may vote an absent ballot as provided in
12-5 this chapter.
12-6 2. A registered voter who:
12-7 (a) Is at least 65 years of age; or
12-8 (b) Has a physical disability or condition which substantially
12-9 impairs his ability to go to the polling place,
12-10 may request an absent ballot for all elections held during the year he
12-11 requests an absent ballot. [The registered voter must include in his
12-12 request a description of his physical disability or condition.]
12-13 3. As used in this section, “sufficient written notice” means a:
12-14 (a) Written request for an absent ballot which is signed by the
12-15 registered voter and returned to the county clerk in person or by
12-16 mail or facsimile machine;
12-17 (b) Form prescribed by the Secretary of State which is
12-18 completed and signed by the registered voter and returned to the
12-19 county clerk in person or by mail or facsimile machine; or
12-20 (c) Form provided by the Federal Government.
12-21 4. A county clerk shall consider a request from a voter who has
12-22 given sufficient written notice on a form provided by the Federal
12-23 Government as a request for both the primary and general elections
12-24 unless otherwise specified in the request.
12-25 5. It is unlawful for a person fraudulently to request an absent
12-26 ballot in the name of another person or to induce or coerce another
12-27 person fraudulently to request an absent ballot in the name of
12-28 another person. A person who violates this subsection is guilty of a
12-29 category E felony and shall be punished as provided in
12-30 NRS 193.130.
12-31 Sec. 12. NRS 293.356 is hereby amended to read as follows:
12-32 293.356 [1.] If a request is made to vote early by a registered
12-33 voter in person, the [county clerk] election board shall issue a ballot
12-34 for early voting to the voter. Such a ballot must be voted on the
12-35 premises of [the clerk’s office and returned to the clerk.] a polling
12-36 place for early voting established pursuant to NRS 293.3564 or
12-37 293.3572 and returned to the election board. If the ballot is a paper
12-38 ballot , [or] a ballot which is voted by punching a card [, the clerk]
12-39 or a ballot which is voted by any other system authorized by state
12-40 or federal law, the election board shall follow the same procedure
12-41 as in the case of absent ballots received by mail.
12-42 [2. On the dates for early voting prescribed in NRS 293.3568,
12-43 each county clerk shall provide a voting booth, with suitable
12-44 equipment for voting, on the premises of his office for use by
12-45 registered voters who are issued ballots for early voting in
12-46 accordance with this section.]
13-1 Sec. 13. NRS 293.3572 is hereby amended to read as follows:
13-2 293.3572 1. In addition to permanent polling places for early
13-3 voting, the county clerk may establish temporary branch polling
13-4 places for early voting [.] which may include, without limitation,
13-5 the clerk’s office.
13-6 2. The provisions of subsection 3 of NRS 293.3568 do not
13-7 apply to a temporary polling place. Voting at a temporary branch
13-8 polling place may be conducted on any one or more days and during
13-9 any hours within the period for early voting by personal appearance,
13-10 as determined by the county clerk.
13-11 3. The schedules for conducting voting are not required to be
13-12 uniform among the temporary branch polling places.
13-13 4. The legal rights and remedies which inure to the owner or
13-14 lessor of private property are not impaired or otherwise affected by
13-15 the leasing of the property for use as a temporary branch polling
13-16 place for early voting, except to the extent necessary to conduct
13-17 early voting at that location.
13-18 Sec. 14. NRS 293.3608 is hereby amended to read as follows:
13-19 293.3608 On election day the county clerk shall:
13-20 1. Ensure that each mechanical recording device used during
13-21 the period for early voting provides a record [printed on paper] of
13-22 the total number of votes recorded on the device for each candidate
13-23 and for or against each measure; and
13-24 2. Deliver to the central counting place:
13-25 (a) The items sorted and counted pursuant to subsection 3 of
13-26 NRS 293.3604;
13-27 (b) The records [printed on paper] provided pursuant to
13-28 subsection 1; and
13-29 (c) The storage device required pursuant to NRS 293B.084 from
13-30 each mechanical recording device used during the period for early
13-31 voting.
13-32 Sec. 15. NRS 293.391 is hereby amended to read as follows:
13-33 293.391 1. The voted ballots, rejected ballots, spoiled ballots,
13-34 challenge lists, voting receipts, records printed on paper of voted
13-35 ballots collected pursuant to NRS 293B.400, and stubs of the ballots
13-36 used, enclosed and sealed, must, after canvass of the votes by the
13-37 board of county commissioners, be deposited in the vaults of the
13-38 county clerk. The records of voted ballots that are maintained in
13-39 electronic form must, after canvass of the votes by the board of
13-40 county commissioners, be sealed and deposited in the vaults of the
13-41 county clerk. The tally lists and pollbooks collected pursuant to
13-42 NRS 293B.400 must, after canvass of the votes by the board of
13-43 county commissioners, be deposited in the vaults of the county clerk
13-44 without being sealed. All materials described by this subsection
13-45 must be preserved for at least 22 months and all such sealed
13-46 materials must be destroyed immediately after the preservation
14-1 period. A notice of the destruction must be published by the clerk in
14-2 at least one newspaper of general circulation in the county not less
14-3 than 2 weeks before the destruction.
14-4 2. Unused ballots, enclosed and sealed, must, after canvass of
14-5 the votes by the board of county commissioners, be deposited in the
14-6 vaults of the county clerk and preserved for at least the period
14-7 during which the election may be contested and adjudicated, after
14-8 which the unused ballots may be destroyed.
14-9 3. The pollbooks containing the signatures of those persons
14-10 who voted in the election and the tally lists deposited with the board
14-11 of county commissioners are subject to the inspection of any elector
14-12 who may wish to examine them at any time after their deposit with
14-13 the county clerk.
14-14 4. A contestant of an election may inspect all of the material
14-15 regarding that election which is preserved pursuant to subsection 1
14-16 or 2, except the voted ballots.
14-17 5. The voted ballots deposited with the county clerk are not
14-18 subject to the inspection of anyone, except in cases of contested
14-19 election, and then only by the judge, body or board before whom the
14-20 election is being contested, or by the parties to the contest, jointly,
14-21 pursuant to an order of such judge, body or board.
14-22 Sec. 16. NRS 293.404 is hereby amended to read as follows:
14-23 293.404 1. Where a recount is demanded pursuant to the
14-24 provisions of NRS 293.403, the:
14-25 (a) County clerk of each county affected by the recount shall
14-26 employ a recount board to conduct the recount in the county, and
14-27 shall act as chairman of the recount board unless the recount is for
14-28 the office of county clerk, in which case the registrar of voters of the
14-29 county, if a registrar of voters has been appointed for the county,
14-30 shall act as chairman of the recount board. If a registrar of voters has
14-31 not been appointed for the county, the chairman of the board of
14-32 county commissioners, if he is not a candidate on the ballot, shall
14-33 act as chairman of the recount board. If the recount is for the office
14-34 of county clerk, a registrar of voters has not been appointed for the
14-35 county and the chairman of the board of county commissioners is a
14-36 candidate on the ballot, the chairman of the board of county
14-37 commissioners shall appoint another member of the board of county
14-38 commissioners who is not a candidate on the ballot to act as
14-39 chairman of the recount board. A member of the board of county
14-40 commissioners who is a candidate on the ballot may not serve as a
14-41 member of the recount board. [At least one member of the board of
14-42 county commissioners who is not a candidate on the ballot must be
14-43 present at the recount.]
14-44 (b) City clerk shall employ a recount board to conduct the
14-45 recount in the city, and shall act as chairman of the recount board
14-46 unless the recount is for the office of city clerk, in which case the
15-1 mayor of the city, if he is not a candidate on the ballot, shall act as
15-2 chairman of the recount board. If the recount is for the office of city
15-3 clerk and the mayor of the city is a candidate on the ballot, the
15-4 mayor of the city shall appoint another member of the city council
15-5 who is not a candidate on the ballot to act as chairman of the recount
15-6 board. A member of the city council who is a candidate on the ballot
15-7 may not serve as a member of the recount board. [At least one
15-8 member of the city council who is not a candidate on the ballot must
15-9 be present at the recount.]
15-10 2. Each candidate for the office affected by the recount and the
15-11 voter who demanded the recount, if any, may be present in person or
15-12 by an authorized representative, but may not be a member of the
15-13 recount board.
15-14 3. Except in counties or cities using a mechanical voting
15-15 system, the recount must include a count and inspection of all
15-16 ballots, including rejected ballots, and must determine whether those
15-17 ballots are marked as required by law.
15-18 4. If a recount is demanded in a county or city using a
15-19 mechanical voting system, the person who demanded the recount
15-20 shall select the ballots for the office or ballot question affected from
15-21 5 percent of the precincts, but in no case fewer than three precincts,
15-22 after notification to each candidate for the office or his authorized
15-23 representative. The recount board shall examine the selected ballots,
15-24 including any duplicate or rejected ballots, shall determine whether
15-25 the ballots have been voted in accordance with this title and shall
15-26 count the valid ballots by hand. In addition, a recount by computer
15-27 must be made of all the selected ballots. If the count by hand or the
15-28 recount by computer of the selected ballots shows a discrepancy
15-29 equal to or greater than 1 percent or [5] five votes, whichever is
15-30 greater, for the candidate demanding the recount or the candidate
15-31 who won the election according to the original canvass of the
15-32 returns, or in favor of or against a ballot question, according to the
15-33 original canvass of the returns, the county or city clerk shall order a
15-34 count by hand of all the ballots for that office or ballot question.
15-35 Otherwise, the county or city clerk shall order a recount by
15-36 computer of all the ballots for all candidates for the office or all the
15-37 ballots for the ballot question.
15-38 5. The county or city clerk shall unseal and give to the recount
15-39 board all ballots to be counted.
15-40 6. In the case of a demand for a recount affecting more than
15-41 one county, the demand must be made to the Secretary of State, who
15-42 shall notify the county clerks to proceed with the recount.
15-43 Sec. 17. NRS 293.469 is hereby amended to read as follows:
15-44 293.469 Each county clerk is encouraged to:
15-45 1. Not later than the earlier date of the notice provided pursuant
15-46 to NRS 293.203 or the first notice provided pursuant to subsection 3
16-1 of NRS 293.560, notify the public, through means designed to reach
16-2 members of the public who are elderly or disabled, of the provisions
16-3 of NRS 293.2955, 293.296, 293.313, subsection 1 of NRS 293.315,
16-4 NRS 293.316 and 293.3165.
16-5 2. Provide in alternative audio and visual formats information
16-6 concerning elections, information concerning how to register to vote
16-7 and information concerning the manner of voting for use by a
16-8 person who is elderly or disabled, including, without limitation,
16-9 providing such information through a telecommunications device
16-10 that is accessible to a person who is deaf.
16-11 3. Not later than 5 working days after receiving the request of
16-12 an elderly or disabled person, provide to the person, in a format that
16-13 can be used by the person, any requested material that is:
16-14 (a) Related to elections; and
16-15 (b) Made available by the county clerk to the public in printed
16-16 form.
16-17 Sec. 18. NRS 293.481 is hereby amended to read as follows:
16-18 293.481 1. Except as otherwise provided in subsection 2 or
16-19 NRS 295.121 or 295.217, every governing body of a political
16-20 subdivision, public or quasi-public corporation, or other local
16-21 agency authorized by law to submit questions to the qualified
16-22 electors or registered voters of a designated territory, when the
16-23 governing body decides to submit a question:
16-24 (a) At a general election, shall provide a copy of the question,
16-25 including an explanation of and arguments for and against the
16-26 question, to each county Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).clerk within the designated territory on or
16-27 before the third Monday in July preceding the election.
16-28 (b) At a primary election, shall provide a copy of the question,
16-29 including an explanation of and arguments for and against the
16-30 question, to each county clerk within the designated territory on or
16-31 before the [third] second Friday after the first Monday in May
16-32 preceding the election.
16-33 (c) At any election other than a primary or general election at
16-34 which the county clerk gives notice of the election or otherwise
16-35 performs duties in connection therewith other than the registration
16-36 of electors and the making of records of registered voters available
16-37 for the election, shall provide a copy of the question, including an
16-38 explanation of and arguments for and against the question, to each
16-39 county clerk at least 60 days before the election.
16-40 (d) At any city election at which the city clerk gives notice of
16-41 the election or otherwise performs duties in connection therewith,
16-42 shall provide a copy of the question, including an explanation of and
16-43 arguments for and against the question, to the city clerk at least 60
16-44 days before the election.
16-45 2. A question may be submitted after the dates specified in
16-46 subsection 1 if the question is expressly privileged or required to be
17-1 submitted pursuant to the provisions of Article 19 of the
17-2 Constitution of the State of Nevada, or pursuant to the provisions of
17-3 chapter 295 of NRS or any other statute except NRS 293.482,
17-4 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that
17-5 authorizes the governing body to issue bonds upon the approval of
17-6 the voters.
17-7 3. A county or city clerk may charge any political subdivision,
17-8 public or quasi-public corporation or other local agency which
17-9 submits a question a reasonable fee sufficient to pay for the
17-10 increased costs incurred in including the question, explanation and
17-11 arguments on the ballot.
17-12 Sec. 19. NRS 293.518 is hereby amended to read as follows:
17-13 293.518 1. At the time an elector registers to vote he must
17-14 indicate:
17-15 (a) His political party affiliation; or
17-16 (b) That he is not affiliated with a political party.
17-17 An elector who indicates that he is “independent” shall be deemed
17-18 not affiliated with a political party.
17-19 2. If an elector indicates that he is not affiliated with a political
17-20 party, or that he is independent, the county clerk or field registrar of
17-21 voters shall list the elector’s political party as nonpartisan.
17-22 3. If an elector indicates an affiliation with a major political
17-23 party or a minor political party that has filed a certificate of
17-24 existence with the Secretary of State, the county clerk or field
17-25 registrar of voters shall list the elector’s political party as indicated
17-26 by the elector.
17-27 4. If an elector indicates an affiliation with a minor political
17-28 party that has not filed a certificate of existence with the Secretary
17-29 of State, the county clerk or field registrar of voters shall:
17-30 (a) List the elector’s political party as the party indicated in the
17-31 application to register to vote.
17-32 (b) When compiling data related to voter registration for the
17-33 county, report the elector’s political party as “other party.”
17-34 5. If an elector does not make any of the indications
17-35 described in subsection 1, the county clerk or field registrar of
17-36 voters shall:
17-37 (a) List the elector’s political party as nonpartisan; and
17-38 (b) Mail to the elector a notice setting forth that the elector has
17-39 been registered to vote as a nonpartisan because the elector did
17-40 not make any of the indications described in subsection 1.
17-41 Sec. 20. NRS 293.5235 is hereby amended to read as follows:
17-42 293.5235 1. Except as otherwise provided in NRS 293.502, a
17-43 person may register to vote by mailing an application to register to
17-44 vote to the county clerk of the county in which he resides. The
17-45 county clerk shall, upon request, mail an application to register to
17-46 vote to an applicant. The county clerk shall make the applications
18-1 available at various public places in the county. An application to
18-2 register to vote may be used to correct information in the registrar of
18-3 voters’ register.
18-4 2. An application to register to vote which is mailed to an
18-5 applicant by the county clerk or made available to the public at
18-6 various locations or voter registration agencies in the county may be
18-7 returned to the county clerk by mail or in person. For the purposes
18-8 of this section, an application which is personally delivered to the
18-9 county clerk shall be deemed to have been returned by mail.
18-10 3. The applicant must complete and sign the application.
18-11 4. The county clerk shall, upon receipt of an application,
18-12 determine whether the application is complete.
18-13 5. If he determines that the application is complete, he shall,
18-14 within 10 days after he receives the application, mail to the
18-15 applicant:
18-16 (a) A notice informing him that he is registered to vote and a
18-17 voter registration card as required by subsection 6 of NRS 293.517;
18-18 or
18-19 (b) A notice informing him that the registrar of voters’ register
18-20 has been corrected to reflect any changes indicated on the
18-21 application.
18-22 The applicant shall be deemed to be registered or to have corrected
18-23 the information in the register as of the date the application is
18-24 postmarked or personally delivered.
18-25 6. [If] Except as otherwise provided in subsection 5 of NRS
18-26 293.518, if the county clerk determines that the application is not
18-27 complete, he shall, as soon as possible, mail a notice to the applicant
18-28 informing him that additional information is required to complete
18-29 the application. If the applicant provides the information requested
18-30 by the county clerk within 15 days after the county clerk mails the
18-31 notice, the county clerk shall, within 10 days after he receives the
18-32 information, mail to the applicant:
18-33 (a) A notice informing him that he is registered to vote and a
18-34 voter registration card as required by subsection 6 of NRS 293.517;
18-35 or
18-36 (b) A notice informing him that the registrar of voters’ register
18-37 has been corrected to reflect any changes indicated on the
18-38 application.
18-39 The applicant shall be deemed to be registered or to have corrected
18-40 the information in the register as of the date the application is
18-41 postmarked or personally delivered. If the applicant does not
18-42 provide the additional information within the prescribed period, the
18-43 application is void.
18-44 7. The Secretary of State shall prescribe the form for an
18-45 application to register to vote by mail which must be used to register
19-1 to vote by mail in this state. The application to register to vote by
19-2 mail must include a notice in at least 10-point type which states:
19-3 NOTICE: You are urged to return your application to
19-4 register to vote to the County Clerk in person or by mail. If
19-5 you choose to give your completed application to another
19-6 person to return to the County Clerk on your behalf, and the
19-7 person fails to deliver the application to the County Clerk,
19-8 you will not be registered to vote. Please retain the duplicate
19-9 copy or receipt from your application to register to vote.
19-10 8. [The] Except as otherwise provided in subsection 5 of NRS
19-11 293.518, the county clerk shall not register a person to vote pursuant
19-12 to this section unless that person has provided all of the information
19-13 required by the application.
19-14 9. The county clerk shall mail, by postcard, the notices
19-15 required pursuant to subsections 5 and 6. If the postcard is returned
19-16 to the county clerk by the United States Postal Service because the
19-17 address is fictitious or the person does not live at that address, the
19-18 county clerk shall attempt to determine whether the person’s current
19-19 residence is other than that indicated on his application to register to
19-20 vote in the manner set forth in NRS 293.530.
19-21 10. A person who, by mail, registers to vote pursuant to this
19-22 section may be assisted in completing the application to register to
19-23 vote by any other person. The application must include the mailing
19-24 address and signature of the person who assisted the applicant. The
19-25 failure to provide the information required by this subsection will
19-26 not result in the application being deemed incomplete.
19-27 11. An application to register to vote must be made available to
19-28 all persons, regardless of political party affiliation.
19-29 12. An application must not be altered or otherwise defaced
19-30 after the applicant has completed and signed it. An application must
19-31 be mailed or delivered in person to the office of the county clerk
19-32 within 10 days after it is completed.
19-33 13. A person who willfully violates any of the provisions of
19-34 subsection 10, 11 or 12 is guilty of a category E felony and shall be
19-35 punished as provided in NRS 193.130.
19-36 14. The Secretary of State shall adopt regulations to carry out
19-37 the provisions of this section.
19-38 Sec. 21. NRS 293.563 is hereby amended to read as follows:
19-39 293.563 1. During the interval between the closing of
19-40 registration and [5 days before] the election, the county clerk shall:
19-41 (a) In counties where records of registration are not kept by
19-42 computer, prepare for each precinct or district a binder containing in
19-43 alphabetical order the original applications to register to vote of the
20-1 electors in the precinct or district. The binder constitutes the election
20-2 board register.
20-3 (b) In counties where records of registration are kept by
20-4 computer, have printed and placed in a binder for each precinct or
20-5 district a computer listing in alphabetical order of the applications to
20-6 register to vote of the electors in the precinct or district. The binder
20-7 constitutes the election board register.
20-8 2. Each election board register must be delivered or caused to
20-9 be delivered by the county or city clerk to an election officer of the
20-10 proper precinct or district before the opening of the polls.
20-11 Sec. 22. NRS 293.565 is hereby amended to read as follows:
20-12 293.565 1. Except as otherwise provided in subsection 2,
20-13 sample ballots must include:
20-14 (a) The fiscal note, as provided pursuant to NRS 218.443 or
20-15 293.250, for each proposed constitutional amendment or statewide
20-16 measure;
20-17 (b) An explanation, as provided pursuant to NRS 218.443, of
20-18 each proposed constitutional amendment or statewide measure,
20-19 including arguments for and against it; and
20-20 (c) The full text of each proposed constitutional amendment.
20-21 2. Sample ballots that are mailed to registered voters may be
20-22 printed without the full text of each proposed constitutional
20-23 amendment if:
20-24 (a) The cost of printing the sample ballots would be significantly
20-25 reduced if the full text of each proposed constitutional amendment
20-26 were not included;
20-27 (b) The county clerk ensures that a sample ballot that includes
20-28 the full text of each proposed constitutional amendment is provided
20-29 at no charge to each registered voter who requests such a sample
20-30 ballot; and
20-31 (c) The sample ballots provided to each polling place include the
20-32 full text of each proposed constitutional amendment.
20-33 3. At least 10 days before any election, the county clerk shall
20-34 cause to be mailed to each registered voter in the county a sample
20-35 ballot for his precinct with a notice informing the voter of the
20-36 location of his polling place. If the location of the polling place has
20-37 changed since the last election:
20-38 (a) The county clerk shall mail a notice of the change to each
20-39 registered voter in the county not sooner than 10 days before
20-40 mailing the sample ballots; or
20-41 (b) The sample ballot must also include a notice in bold type
20-42 immediately above the location which states:
20-43 NOTICE: THE LOCATION OF YOUR POLLING PLACE
20-44 HAS CHANGED SINCE THE LAST ELECTION
21-1 4. Except as otherwise provided in subsection 5, a sample
21-2 ballot required to be mailed pursuant to this section must:
21-3 (a) Be printed in at least 12-point type; and
21-4 (b) Include on the front page, in a separate box created by bold
21-5 lines, a notice printed in at least 20-point bold type that states:
21-6 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
21-7 LARGE TYPE, CALL (Insert appropriate telephone number)
21-8 5. A portion of a sample ballot that contains a facsimile of the
21-9 display area of a voting device may include material in less than
21-10 12-point type to the extent necessary to make the facsimile fit on the
21-11 pages of the sample ballot.
21-12 6. The sample ballot mailed to a person who requests a sample
21-13 ballot in large type by exercising the option provided pursuant to
21-14 NRS 293.508, or in any other manner, must be printed in at least
21-15 14-point type, or larger when practicable.
21-16 7. If a person requests a sample ballot in large type, the county
21-17 clerk shall ensure that all future sample ballots mailed to that person
21-18 from the county are in large type.
21-19 8. The county clerk shall include in each sample ballot a
21-20 statement indicating that the county clerk will, upon request of a
21-21 voter who is elderly or disabled, make reasonable accommodations
21-22 to allow the voter to vote at his polling place and provide reasonable
21-23 assistance to the voter in casting his vote, including, without
21-24 limitation, providing appropriate materials to assist the voter. In
21-25 addition, if the county clerk has provided pursuant to subsection 4
21-26 of NRS 293.2955 for the placement at centralized voting locations
21-27 of specially equipped voting devices for use by voters who are
21-28 elderly or disabled, the county clerk shall include in the sample
21-29 ballot a statement indicating:
21-30 (a) The addresses of such centralized voting locations;
21-31 (b) The types of specially equipped voting devices available at
21-32 such centralized voting locations; and
21-33 (c) That a voter who is elderly or disabled may cast his ballot
21-34 at such a centralized voting location rather than at his regularly
21-35 designated polling place.
21-36 9. The cost of mailing sample ballots for any election other
21-37 than a primary or general election must be borne by the political
21-38 subdivision holding the election.
21-39 Sec. 23. NRS 293B.084 is hereby amended to read as follows:
21-40 293B.084 A mechanical recording device which directly
21-41 records votes electronically must:
21-42 1. Bear a number which identifies that mechanical recording
21-43 device.
21-44 2. Be equipped with a storage device which:
22-1 (a) Stores the ballots voted on the mechanical recording device;
22-2 (b) Can be removed from the mechanical recording device for
22-3 the purpose of transporting the ballots stored therein to a central
22-4 counting place; and
22-5 (c) Bears the same number as the mechanical recording device.
22-6 3. Be designed in such a manner that voted ballots may be
22-7 stored within the mechanical recording device and the storage
22-8 device required pursuant to subsection 2 at the same time.
22-9 4. [Provide] Be capable of providing a record printed on paper
22-10 of:
22-11 (a) Each ballot voted on the mechanical recording device; and
22-12 (b) The total number of votes recorded on the mechanical
22-13 recording device for each candidate and for or against each measure.
22-14 Sec. 24. NRS 293B.165 is hereby amended to read as follows:
22-15 293B.165 1. A test conducted in the manner prescribed in
22-16 subsections 1 and 2 of NRS 293B.155 [shall] must be conducted
22-17 immediately before the start of the official count of the ballots and
22-18 again [immediately] within 24 hours after the official count of the
22-19 ballots.
22-20 2. Such tests [shall] must be certified by the accuracy
22-21 certification board.
22-22 Sec. 25. NRS 293B.265 is hereby amended to read as follows:
22-23 293B.265 1. A member of an election board shall not serve in
22-24 any election at which a mechanical voting system is used unless he
22-25 has received instruction and is fully qualified to perform his duties
22-26 in connection with the system.
22-27 2. NRS 293B.220 to [293B.280,] 293B.283, inclusive, do not
22-28 prevent the appointment and service of a member of an election
22-29 board to fill a vacancy in an emergency.
22-30 Sec. 26. NRS 293B.400 is hereby amended to read as follows:
22-31 293B.400 [The]
22-32 1. Except as otherwise provided in this section, if a recount is
22-33 demanded pursuant to the provisions of NRS 293.403 or if an
22-34 election is contested pursuant to NRS 293.407, the county or city
22-35 clerk shall ensure that each mechanical recording device which
22-36 directly [records] recorded votes electronically for the applicable
22-37 election provides a record printed on paper of each ballot voted on
22-38 that device . [as required by paragraph (a) of subsection 4 of NRS
22-39 293B.084 not later than 10 days after the election. The]
22-40 2. In carrying out the requirements of this section, the county
22-41 or city clerk shall [collect] :
22-42 (a) Print only the records required for the recount or contest;
22-43 and
22-44 (b) Collect those records and deposit them in the vaults of the
22-45 county clerk pursuant to NRS 293.391.
23-1 Sec. 27. NRS 293C.222 is hereby amended to read as follows:
23-2 293C.222 1. The city clerk may appoint a pupil as a trainee
23-3 for the position of election board officer. To qualify for such an
23-4 appointment, the pupil must be:
23-5 (a) A United States citizen, a resident of Nevada and a resident
23-6 of the city in which he serves;
23-7 (b) Enrolled [as a senior] in high school; and
23-8 (c) At the time of service, [enrolled in or have completed a high
23-9 school course in American government in accordance with NRS
23-10 389.020; and
23-11 (d) Performing at an academic level deemed acceptable by the
23-12 principal of the pupil’s high school.] at least 16 years of age.
23-13 2. The city clerk may only appoint a pupil as a trainee if:
23-14 (a) The pupil is appointed without party affiliation;
23-15 (b) The city clerk sends the pupil a certificate stating the date
23-16 and hours that the pupil[, upon approval,] will act as a trainee;
23-17 (c) At least 20 days before the election in which the pupil will
23-18 act as a trainee, the principal of his high school or his assigned
23-19 school counselor receives the city clerk’s certificate and a written
23-20 request signed by his parent or guardian to be excused from school
23-21 for the time specified in the certificate;
23-22 (d) The principal of the high school or the assigned school
23-23 counselor of the pupil approves the pupil’s request; and
23-24 (e) The pupil attends the training class required by
23-25 NRS 293B.260.
23-26 3. [The] Except as otherwise provided in this subsection, the
23-27 city clerk may assign a trainee such duties as the city clerk deems
23-28 appropriate. The city clerk shall not [require] :
23-29 (a) Require the trainee to perform those duties later than 10
23-30 p.m., or any applicable curfew, whichever is earlier[.] ; or
23-31 (b) Assign more than one trainee to serve as an election board
23-32 officer in any one precinct.
23-33 4. The city clerk may compensate a trainee for his service at
23-34 the same rate fixed for election board officers generally.
23-35 Sec. 28. NRS 293C.281 is hereby amended to read as follows:
23-36 293C.281 1. Except as otherwise provided in subsection 2, at
23-37 all times during which a polling place is open, the polling place
23-38 must:
23-39 (a) Be accessible to a voter who is elderly or disabled; and
23-40 (b) Have at least one voting booth that is:
23-41 (1) Designed to allow a voter in a wheelchair to vote;
23-42 (2) Designated for use by a voter who is elderly or disabled;
23-43 and
23-44 (3) Equipped to allow a voter who is elderly or disabled to
23-45 vote with the same privacy as a voter who is not elderly or disabled.
24-1 2. A polling place that does not comply with the provisions of
24-2 subsection 1 may be used if necessary because of a natural disaster,
24-3 including, without limitation, an earthquake, flood, fire or storm.
24-4 3. At each polling place, the city clerk is encouraged to:
24-5 (a) Post in a conspicuous place, in at least 12-point type,
24-6 instructions for voting;
24-7 (b) Provide ballots in alternative audio and visual formats for
24-8 use by a voter who is elderly or disabled; and
24-9 (c) Provide, in alternative audio and visual formats for use by a
24-10 voter who is elderly or disabled, all materials that are:
24-11 (1) Related to the election; and
24-12 (2) Made available to a voter in printed form at the polling
24-13 place.
24-14 4. As an alternative to carrying out the functions described in
24-15 subsection 3, if in the opinion of the city clerk the needs of voters
24-16 who are elderly or disabled requiring the use of specially equipped
24-17 voting devices will be best served by placing such devices at
24-18 centralized voting locations, he may so provide. If the city clerk
24-19 provides for the placement of specially equipped voting devices at
24-20 centralized locations, a voter who is elderly or disabled and
24-21 requires the use of such a device to be able to cast his ballot
24-22 without assistance may cast his ballot at any centralized voting
24-23 location designated by the city clerk.
24-24 Sec. 29. NRS 293C.310 is hereby amended to read as follows:
24-25 293C.310 1. Except as otherwise provided in NRS 293.502
24-26 and 293C.265, a registered voter who provides sufficient written
24-27 notice to the city clerk may vote an absent ballot as provided in this
24-28 chapter.
24-29 2. A registered voter who:
24-30 (a) Is at least 65 years of age; or
24-31 (b) Has a physical disability or condition that substantially
24-32 impairs his ability to go to the polling place,
24-33 may request an absent ballot for all elections held during the year he
24-34 requests an absent ballot. [The registered voter must include in his
24-35 request a description of his physical disability or condition.]
24-36 3. As used in this section, “sufficient written notice” means a:
24-37 (a) Written request for an absent ballot that is signed by the
24-38 registered voter and returned to the city clerk in person or by mail or
24-39 facsimile machine;
24-40 (b) Form prescribed by the Secretary of State that is completed
24-41 and signed by the registered voter and returned to the city clerk in
24-42 person or by mail or facsimile machine; or
24-43 (c) Form provided by the Federal Government.
24-44 4. A city clerk shall consider a request from a voter who has
24-45 given sufficient written notice on a form provided by the Federal
25-1 Government as a request for the primary city election and the
25-2 general city election unless otherwise specified in the request.
25-3 5. It is unlawful for a person fraudulently to request an absent
25-4 ballot in the name of another person or to induce or coerce another
25-5 person fraudulently to request an absent ballot in the name of
25-6 another person. A person who violates any provision of this
25-7 subsection is guilty of a category E felony and shall be punished as
25-8 provided in NRS 193.130.
25-9 Sec. 30. NRS 293C.390 is hereby amended to read as follows:
25-10 293C.390 1. The voted ballots, rejected ballots, spoiled
25-11 ballots, challenge lists, voting receipts, records printed on paper of
25-12 voted ballots collected pursuant to NRS 293B.400, and stubs of the
25-13 ballots used, enclosed and sealed, must, after canvass of the votes by
25-14 the governing body of the city, be deposited in the vaults of the city
25-15 clerk. The records of voted ballots that are maintained in
25-16 electronic form must, after canvass of the votes by the governing
25-17 body of the city, be sealed and deposited in the vaults of the city
25-18 clerk. The tally lists and pollbooks collected pursuant to NRS
25-19 293B.400 must, after canvass of the votes by the governing body of
25-20 the city, be deposited in the vaults of the city clerk without being
25-21 sealed. All materials described by this subsection must be preserved
25-22 for at least 22 months and all such sealed materials must be
25-23 destroyed immediately after that period. A notice of the destruction
25-24 must be published by the city clerk in at least one newspaper of
25-25 general circulation in the city, or if no newspaper is of general
25-26 circulation in that city, in a newspaper of general circulation in the
25-27 nearest city, not less than 2 weeks before the destruction of the
25-28 materials.
25-29 2. Unused ballots, enclosed and sealed, must, after canvass of
25-30 the votes by the governing body of the city, be deposited in the
25-31 vaults of the city clerk and preserved for at least the period during
25-32 which the election may be contested and adjudicated, after which
25-33 the unused ballots may be destroyed.
25-34 3. The pollbooks containing the signatures of those persons
25-35 who voted in the election and the tally lists deposited with the
25-36 governing body of the city are subject to the inspection of any
25-37 elector who may wish to examine them at any time after their
25-38 deposit with the city clerk.
25-39 4. A contestant of an election may inspect all of the material
25-40 relating to that election which is preserved pursuant to subsection 1
25-41 or 2, except the voted ballots.
25-42 5. The voted ballots deposited with the city clerk are not
25-43 subject to the inspection of any person, except in a contested
25-44 election, and only by the judge, body or board before whom the
25-45 election is being contested, or by the parties to the contest, jointly,
25-46 pursuant to an order of the judge, body or board.
26-1 Sec. 31. NRS 293C.530 is hereby amended to read as follows:
26-2 293C.530 1. At least 10 days before an election, the city
26-3 clerk shall cause to be mailed to each registered voter in the city a
26-4 sample ballot for his precinct with a notice informing the voter of
26-5 the location of his polling place. If the location of the polling place
26-6 has changed since the last election:
26-7 (a) The city clerk shall mail a notice of the change to each
26-8 registered voter in the city not sooner than 10 days before mailing
26-9 the sample ballots; or
26-10 (b) The sample ballot must also include a notice in bold type
26-11 immediately above the location which states:
26-12 NOTICE: THE LOCATION OF YOUR POLLING PLACE
26-13 HAS CHANGED SINCE THE LAST ELECTION
26-14 2. Except as otherwise provided in subsection 3, a sample
26-15 ballot required to be mailed pursuant to this section must:
26-16 (a) Be printed in at least 12-point type; and
26-17 (b) Include on the front page, in a separate box created by bold
26-18 lines, a notice printed in at least 20-point bold type that states:
26-19 NOTICE: TO RECEIVE A SAMPLE BALLOT IN
26-20 LARGE TYPE, CALL (Insert appropriate telephone number)
26-21 3. A portion of a sample ballot that contains a facsimile of the
26-22 display area of a voting device may include material in less than
26-23 12-point type to the extent necessary to make the facsimile fit on the
26-24 pages of the sample ballot.
26-25 4. The sample ballot mailed to a person who requests a sample
26-26 ballot in large type by exercising the option provided pursuant to
26-27 NRS 293.508, or in any other manner, must be printed in at least
26-28 14-point type, or larger when practicable.
26-29 5. If a person requests a sample ballot in large type, the city
26-30 clerk shall ensure that all future sample ballots mailed to that person
26-31 from the city are in large type.
26-32 6. The city clerk shall include in each sample ballot a statement
26-33 indicating that the city clerk will, upon request of a voter who is
26-34 elderly or disabled, make reasonable accommodations to allow the
26-35 voter to vote at his polling place and provide reasonable assistance
26-36 to the voter in casting his vote, including, without limitation,
26-37 providing appropriate materials to assist the voter. In addition, if
26-38 the city clerk has provided pursuant to subsection 4 of NRS
26-39 293C.281 for the placement at centralized voting locations of
26-40 specially equipped voting devices for use by voters who are elderly
26-41 or disabled, the city clerk shall include in the sample ballot a
26-42 statement indicating:
27-1 (a) The addresses of such centralized voting locations;
27-2 (b) The types of specially equipped voting devices available at
27-3 such centralized voting locations; and
27-4 (c) That a voter who is elderly or disabled may cast his ballot
27-5 at such a centralized voting location rather than at his regularly
27-6 designated polling place.
27-7 7. The cost of mailing sample ballots for a city election must
27-8 be borne by the city holding the election.
27-9 Sec. 32. NRS 293C.720 is hereby amended to read as follows:
27-10 293C.720 Each city clerk is encouraged to:
27-11 1. Not later than the earlier date of the first notice provided
27-12 pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify
27-13 the public, through means designed to reach members of the public
27-14 who are elderly or disabled, of the provisions of NRS 293C.281,
27-15 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS
27-16 293C.317 and 293C.318.
27-17 2. Provide in alternative audio and visual formats information
27-18 concerning elections, information concerning how to register to vote
27-19 and information concerning the manner of voting for use by a
27-20 person who is elderly or disabled, including, without limitation,
27-21 providing such information through a telecommunications device
27-22 that is accessible to a person who is deaf.
27-23 3. Not later than 5 working days after receiving the request of
27-24 an elderly or disabled person, provide to the person, in a format that
27-25 can be used by the person, any requested material that is:
27-26 (a) Related to elections; and
27-27 (b) Made available by the city clerk to the public in printed
27-28 form.
27-29 Sec. 33. NRS 295.121 is hereby amended to read as follows:
27-30 295.121 1. In a county whose population is 100,000 or more,
27-31 for each county-wide initiative, referendum or other question to be
27-32 placed on the ballot by the board , [or county clerk,] including,
27-33 without limitation, pursuant to NRS 293.482, 295.115 or 295.160,
27-34 the board shall, in consultation with the county clerk pursuant to
27-35 subsection 4, appoint two committees. Except as otherwise provided
27-36 in subsection 2, one committee must be composed of three persons
27-37 who favor approval by the voters of the initiative, referendum or
27-38 other question and the other committee must be composed of three
27-39 persons who oppose approval by the voters of the initiative,
27-40 referendum or other question.
27-41 2. If, after consulting with the county clerk pursuant to
27-42 subsection 4, the board is unable to appoint three persons who are
27-43 willing to serve on a committee, the board may appoint fewer than
27-44 three persons to that committee, but the board must appoint at least
27-45 one person to each committee appointed pursuant to this section.
28-1 3. With respect to a committee appointed pursuant to this
28-2 section:
28-3 (a) A person may not serve simultaneously on the committee
28-4 that favors approval by the voters of an initiative, referendum or
28-5 other question and the committee that opposes approval by the
28-6 voters of that initiative, referendum or other question.
28-7 (b) Members of the committee serve without compensation.
28-8 (c) The term of office for each member commences upon
28-9 appointment and expires upon the publication of the sample ballot
28-10 containing the initiative, referendum or other question.
28-11 4. Before the board appoints a committee pursuant to this
28-12 section, the county clerk shall:
28-13 (a) Recommend to the board persons to be appointed to the
28-14 committee; and
28-15 (b) Consider recommending pursuant to paragraph (a):
28-16 (1) Any person who has expressed an interest in serving on
28-17 the committee; and
28-18 (2) A person who is a member of an organization that has
28-19 expressed an interest in having a member of the organization serve
28-20 on the committee.
28-21 5. If the board of a county whose population is 100,000 or
28-22 more fails to appoint a committee as required pursuant to this
28-23 section, the county clerk shall appoint the committee.
28-24 6. A committee appointed pursuant to this section:
28-25 (a) Shall elect a chairman for the committee;
28-26 (b) Shall meet and conduct its affairs as necessary to fulfill the
28-27 requirements of this section;
28-28 (c) May seek and consider comments from the general public;
28-29 (d) Shall, based on whether the members were appointed to
28-30 advocate or oppose approval by the voters of the initiative,
28-31 referendum or other question, prepare an argument either advocating
28-32 or opposing approval by the voters of the initiative, referendum or
28-33 other question;
28-34 (e) Shall prepare a rebuttal to the argument prepared by the other
28-35 committee appointed pursuant to this section; and
28-36 (f) Shall submit the argument and rebuttal prepared pursuant to
28-37 paragraphs (d) and (e) to the county clerk not later than the date
28-38 prescribed by the county clerk pursuant to subsection 7.
28-39 7. The county clerk of a county whose population is 100,000 or
28-40 more shall provide, by rule or regulation:
28-41 (a) The maximum permissible length of an argument or rebuttal
28-42 prepared pursuant to this section; and
28-43 (b) The date by which an argument or rebuttal prepared pursuant
28-44 to this section must be submitted by the committee to the county
28-45 clerk.
29-1 8. Upon receipt of an argument or rebuttal prepared pursuant to
29-2 this section, the county clerk:
29-3 (a) May consult with persons who are generally recognized by a
29-4 national or statewide organization as having expertise in the field or
29-5 area to which the initiative, referendum or other question pertains;
29-6 and
29-7 (b) Shall reject each statement in the argument or rebuttal that he
29-8 believes is libelous or factually inaccurate.
29-9 Not later than 5 days after the county clerk rejects a statement
29-10 pursuant to this subsection, the committee may appeal that rejection
29-11 to the district attorney. The district attorney shall review the
29-12 statement and the reasons for its rejection and may receive evidence,
29-13 documentary or testimonial, to aid him in his decision. Not later
29-14 than 3 business days after the appeal by the committee, the district
29-15 attorney shall issue his decision rejecting or accepting the statement.
29-16 The decision of the district attorney is a final decision for the
29-17 purposes of judicial review.
29-18 9. The county clerk shall place in the sample ballot provided to
29-19 the registered voters of the county each argument and rebuttal
29-20 prepared pursuant to this section, containing all statements that were
29-21 not rejected pursuant to subsection 8. The county clerk may revise
29-22 the language submitted by the committee so that it is clear, concise
29-23 and suitable for incorporation in the sample ballot, but shall not alter
29-24 the meaning or effect without the consent of the committee.
29-25 10. In a county whose population is less than 100,000:
29-26 (a) The board may appoint committees pursuant to this section.
29-27 (b) If the board appoints committees pursuant to this section, the
29-28 county clerk shall provide for rules or regulations pursuant to
29-29 subsection 7.
29-30 11. The provisions of chapter 241 of NRS do not apply to any
29-31 consultations, deliberations, hearings or meetings conducted
29-32 pursuant to this section.
29-33 Sec. 34. Chapter 269 of NRS is hereby amended by adding
29-34 thereto a new section to read as follows:
29-35 If at 5 p.m. on the last day for filing a notice of intention of
29-36 candidacy for the position of member of a town board, there is
29-37 only one candidate who has filed a notice of intention for the
29-38 position, that candidate must be declared elected and no election
29-39 may be held for that position.
29-40 Sec. 35. NRS 269.016 is hereby amended to read as follows:
29-41 269.016 A town board form of government, for the purpose of
29-42 governing such town in accordance with the powers specified in this
29-43 chapter, may be established for any unincorporated town in the State
29-44 of Nevada. The town board form of government [shall] must be
29-45 adopted in the manner provided in NRS 269.0165 or [NRS] 269.017
29-46 to 269.019, inclusive [.] , and section 34 of this act.
30-1 Sec. 36. Section 7 of the Moapa Valley Water District Act,
30-2 being chapter 477, Statutes of Nevada 1983, as last amended by
30-3 chapter 218, Statutes of Nevada 2001, at page 991, is hereby
30-4 amended to read as follows:
30-5 Sec. 7. 1. Unless otherwise required for purposes of
30-6 an election to incur an indebtedness, the Registrar of Voters
30-7 of Clark County shall conduct, supervise and, by ordinance,
30-8 regulate all district elections in accordance, as nearly as
30-9 practicable, with the general election laws of the State,
30-10 including, but not limited to, laws relating to the time of
30-11 opening and closing of polls, the manner of conducting the
30-12 election, the canvassing, announcement and certification of
30-13 results, and the preparation and disposition of ballots.
30-14 2. A candidate for election to the Board shall file a
30-15 declaration of candidacy with the Registrar of Voters of Clark
30-16 County. The declaration of candidacy must be filed not earlier
30-17 than the first Monday in May of the year in which the election
30-18 is to be held and not later than 5 p.m. on the [third] second
30-19 Friday after the first Monday in May of that year. Timely
30-20 filing of such a declaration is a prerequisite to election.
30-21 3. Each member of the Board must be elected by a
30-22 plurality of the registered voters voting in the election area
30-23 which the member represents. If there are two seats upon the
30-24 Board to be filled at the same election, each of which
30-25 represents the same election area, the two candidates therefor
30-26 receiving the highest number of votes, respectively, are
30-27 elected.
30-28 4. If a member of the Board is unopposed in seeking
30-29 reelection, the Board may declare that member elected
30-30 without a formal election, but that member must not
30-31 participate in the declaration.
30-32 5. If no person files candidacy for election to a particular
30-33 seat upon the Board, the seat must be filled in the manner of
30-34 filling a vacancy.
30-35 Sec. 37. NRS 293.337, 293B.280 and 293C.337 are hereby
30-36 repealed.
30-37 20~~~~~03