Assembly Bill No. 289–Assemblymen Weber, Knecht, Mabey, Andonov, Beers, Conklin, Giunchigliani, Goicoechea, Grady, Griffin, Koivisto, Manendo, Marvel, McClain, Mortenson, Pierce and Sherer (by request)

 

March 13, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY¾Provides for names of candidates to be listed on ballot in accordance with randomized procedure of alphabetization. (BDR 24‑907)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to elections; providing for the names of candidates to be listed on a ballot in accordance with a randomized procedure of alphabetization; 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 293.250 is hereby amended to read as follows:

1-2  293.250  1.  The Secretary of State shall, in a manner

1-3  consistent with the election laws of this state, prescribe:

1-4  (a) The form of all ballots, absent ballots, diagrams, sample

1-5  ballots, certificates, notices, declarations, applications to register to

1-6  vote, lists, applications, pollbooks, registers, rosters, statements and

1-7  abstracts required by the election laws of this state.

1-8  (b) The procedure to be followed when a computer is used to

1-9  register voters and to keep records of registration.

1-10      2.  The Secretary of State shall prescribe with respect to the

1-11  matter to be printed on every kind of ballot:

2-1  (a) The placement and listing of all offices, candidates and

2-2  measures upon which voting is statewide, which must be uniform

2-3  throughout the State.

2-4  (b) The listing of all other candidates required to file with him,

2-5  and the order of listing all offices, candidates and measures upon

2-6  which voting is not statewide, from which each county or city clerk

2-7  shall prepare appropriate ballot forms for use in any election in his

2-8  county.

2-9  The order of listing candidates prescribed by the Secretary of State

2-10  pursuant to this subsection must comply with paragraph (b) of

2-11  subsection 1 of NRS 293.256.

2-12      3.  The Secretary of State shall place the condensation of each

2-13  proposed constitutional amendment or statewide measure near the

2-14  spaces or devices for indicating the voter’s choice.

2-15      4.  The fiscal note for and explanation of each proposed

2-16  constitutional amendment or statewide measure, including

2-17  arguments for and against it, must be included on all sample ballots.

2-18      5.  The condensations and explanations for constitutional

2-19  amendments and statewide measures proposed by initiative or

2-20  referendum must be prepared by the Secretary of State, upon

2-21  consultation with the Attorney General. The fiscal notes for

2-22  constitutional amendments and statewide measures proposed by

2-23  initiative or referendum must be prepared by the Secretary of State,

2-24  upon consultation with the Fiscal Analysis Division of the

2-25  Legislative Counsel Bureau. The condensations, explanations and

2-26  fiscal notes must be in easily understood language and of reasonable

2-27  length, and whenever feasible must be completed by August 1 of the

2-28  year in which the general election is to be held.

2-29      6.  The names of candidates for township and legislative or

2-30  special district offices must be printed only on the ballots furnished

2-31  to voters of that township or district.

2-32      7.  A county clerk:

2-33      (a) May divide paper ballots into two sheets in a manner which

2-34  provides a clear understanding and grouping of all measures and

2-35  candidates.

2-36      (b) Shall prescribe the color or colors of the ballots and voting

2-37  receipts used in any election which the clerk is required to conduct.

2-38      Sec. 2.  NRS 293.256 is hereby amended to read as follows:

2-39      293.256  1.  In any election regulated by this chapter, the

2-40  names of candidates as printed on the ballot [shall] :

2-41      (a) Must not include any title, designation or other reference

2-42  which will indicate the profession or occupation of such candidates

2-43  [.] ; and

2-44      (b) Must be listed according to a randomized procedure of

2-45  alphabetization.

3-1  2.  As used in this section, “randomized procedure of

3-2  alphabetization” means a procedure pursuant to which:

3-3  (a) Each of the 26 letters of the alphabet is selected

3-4  successively at random, by way of:

3-5       (1) The drawing of lots; or

3-6       (2) A computer or other device that is able to generate

3-7  characters at random;

3-8  (b) The first letter selected at random is assigned to the

3-9  numeral “1” and each successive letter selected at random is

3-10  assigned to the next higher numeral until the last letter selected is

3-11  assigned to the numeral “26”;

3-12      (c) For the ordering of the names of the candidates on the

3-13  applicable ballot, the candidate whose surname begins with the

3-14  letter corresponding to the numeral “1” is listed first on the ballot,

3-15  followed by the candidates whose surnames begin with the letters

3-16  corresponding to numerals “2” through “26,” in that order;

3-17      (d) If the surnames of two or more candidates begin with the

3-18  same letter, the second and, if necessary, subsequent letters of the

3-19  surnames of the candidates are compared until such subsequent

3-20  letters are determined to be different, at which point the candidate

3-21  whose subsequent letter has been assigned a lower numerical

3-22  value in accordance with paragraph (b) is placed on the ballot

3-23  before the candidate or candidates whose subsequent letters have

3-24  been assigned a higher numerical value in accordance with

3-25  paragraph (b);

3-26      (e) If the surnames of two or more candidates are the same,

3-27  the candidate whose given name begins with a letter that has been

3-28  assigned a lower numerical value in accordance with paragraph

3-29  (b) is placed on the ballot before the candidate or candidates

3-30  whose given names begin with letters that have been assigned a

3-31  higher numerical value in accordance with paragraph (b);

3-32      (f) If the surnames of two or more candidates are the same and

3-33  the given names of those candidates begin with the same letter, the

3-34  second and, if necessary, subsequent letters of the given names of

3-35  the candidates are compared until such subsequent letters are

3-36  determined to be different, at which point the candidate whose

3-37  subsequent letter has been assigned a lower numerical value in

3-38  accordance with paragraph (b) is placed on the ballot before the

3-39  candidate or candidates whose subsequent letters have been

3-40  assigned a higher numerical value in accordance with paragraph

3-41  (b); and

3-42      (g) If the surnames and given names of two or more

3-43  candidates are the same, the order of those candidates on the

3-44  ballot is determined by drawing lots.

 

4-1  Sec. 3.  NRS 293.263 is hereby amended to read as follows:

4-2  293.263  On the primary ballots for a major political party the

4-3  name of the major political party must appear at the top of the

4-4  ballot. Following this designation must appear the names of

4-5  candidates grouped [alphabetically] in accordance with paragraph

4-6  (b) of subsection 1 of NRS 293.256 under the title and length of

4-7  term of the partisan office for which those candidates filed.

4-8  Sec. 4.  NRS 293.265 is hereby amended to read as follows:

4-9  293.265  On nonpartisan primary ballots there must appear at

4-10  the top of the ballot the designation “Candidates for nonpartisan

4-11  offices.” Following this designation must appear the names of

4-12  candidates grouped [alphabetically] in accordance with paragraph

4-13  (b) of subsection 1 of NRS 293.256 under the title and length of

4-14  term of the nonpartisan office for which those candidates filed.

4-15      Sec. 5.  NRS 293.267 is hereby amended to read as follows:

4-16      293.267  1.  Ballots for a general election must contain the

4-17  names of candidates who were nominated at the primary election,

4-18  the names of the candidates of a minor political party and the names

4-19  of independent candidates.

4-20      2.  Names of candidates must be grouped [alphabetically] in

4-21  accordance with paragraph (b) of subsection 1 of NRS 293.256

4-22  under the title and length of term of the office for which those

4-23  candidates filed.

4-24      3.  Except as otherwise provided in subsection 4:

4-25      (a) Immediately following the name of each candidate for a

4-26  partisan office must appear the name of his political party or the

4-27  word “independent,” as the case may be.

4-28      (b) Immediately following the name of each candidate for a

4-29  nonpartisan office must appear the word “nonpartisan.”

4-30      4.  Where a system of voting other than by paper ballot is used,

4-31  the Secretary of State may provide for any placement of the name of

4-32  the political party or the word “independent” or “nonpartisan” which

4-33  clearly relates the designation to the name of the candidate to whom

4-34  it applies.

4-35      Sec. 6.  NRS 293.268 is hereby amended to read as follows:

4-36      293.268  The offices for which there are candidates, the names

4-37  of the candidates therefor, and the questions to be voted upon must

4-38  be printed on ballots in the following order:

4-39      1.  President and Vice President of the United States.

4-40      2.  United States Senator and Representative in Congress, in

4-41  that sequence.

4-42      3.  Governor, Lieutenant Governor, Secretary of State,

4-43  Treasurer, Controller and Attorney General, in that sequence.

4-44      4.  State Senators and Assemblymen.

4-45      5.  County and township partisan offices.

5-1  6.  Statewide nonpartisan offices.

5-2  7.  District nonpartisan offices.

5-3  8.  County nonpartisan offices.

5-4  9.  City offices:

5-5  (a) Mayor;

5-6  (b) Councilmen , who must be placed on the ballot:

5-7       (1) If the applicable city has been divided into wards,

5-8  according to ward in numerical order[, if no] and, within each

5-9  ward, in accordance with paragraph (b) of subsection 1 of NRS

5-10  293.256; or

5-11          (2) If the applicable city has not been divided into wards, in

5-12  [alphabetical order;] accordance with paragraph (b) of subsection

5-13  1 of NRS 293.256; and

5-14      (c) Municipal judges.

5-15      10.  Township nonpartisan offices.

5-16      11.  Questions presented to the voters of the State.

5-17      12.  Questions presented only to the voters of a special district

5-18  or political subdivision of the State.

5-19      Sec. 7.  NRS 293C.255 is hereby amended to read as follows:

5-20      293C.255  1.  In any election regulated by this chapter, the

5-21  names of candidates as printed on the ballot [must] :

5-22      (a) Must not include any title, designation or other reference

5-23  that indicates the profession or occupation of the candidates[.] ; and

5-24      (b) Must be listed according to a randomized procedure of

5-25  alphabetization.

5-26      2.  As used in this section, “randomized procedure of

5-27  alphabetization” means a procedure pursuant to which:

5-28      (a) Each of the 26 letters of the alphabet is selected

5-29  successively at random, by way of:

5-30          (1) The drawing of lots; or

5-31          (2) A computer or other device that is able to generate

5-32  characters at random;

5-33      (b) The first letter selected at random is assigned to the

5-34  numeral “1” and each successive letter selected at random is

5-35  assigned to the next higher numeral until the last letter selected is

5-36  assigned to the numeral “26”;

5-37      (c) For the ordering of the names of the candidates on the

5-38  applicable ballot, the candidate whose surname begins with the

5-39  letter corresponding to the numeral “1” is listed first on the ballot,

5-40  followed by the candidates whose surnames begin with the letters

5-41  corresponding to numerals “2” through “26,” in that order;

5-42      (d) If the surnames of two or more candidates begin with the

5-43  same letter, the second and, if necessary, subsequent letters of the

5-44  surnames of the candidates are compared until such subsequent

5-45  letters are determined to be different, at which point the candidate

6-1  whose subsequent letter has been assigned a lower numerical

6-2  value in accordance with paragraph (b) is placed on the ballot

6-3  before the candidate or candidates whose subsequent letters have

6-4  been assigned a higher numerical value in accordance with

6-5  paragraph (b); 

6-6  (e) If the surnames of two or more candidates are the same,

6-7  the candidate whose given name begins with a letter that has been

6-8  assigned a lower numerical value in accordance with paragraph

6-9  (b) is placed on the ballot before the candidate or candidates

6-10  whose given names begin with letters that have been assigned a

6-11  higher numerical value in accordance with paragraph (b);

6-12      (f) If the surnames of two or more candidates are the same and

6-13  the given names of those candidates begin with the same letter, the

6-14  second and, if necessary, subsequent letters of the given names of

6-15  the candidates are compared until such subsequent letters are

6-16  determined to be different, at which point the candidate whose

6-17  subsequent letter has been assigned a lower numerical value in

6-18  accordance with paragraph (b) is placed on the ballot before the

6-19  candidate or candidates whose subsequent letters have been

6-20  assigned a higher numerical value in accordance with paragraph

6-21  (b); and

6-22      (g) If the surnames and given names of two or more

6-23  candidates are the same, the order of those candidates on the

6-24  ballot is determined by drawing lots.

6-25      Sec. 8.  NRS 293C.257 is hereby amended to read as follows:

6-26      293C.257  For a primary city election there must appear at the

6-27  top of each ballot the designation “Candidates for city offices.”

6-28  Following this designation must appear the names of candidates

6-29  grouped [alphabetically] in accordance with paragraph (b) of

6-30  subsection 1 of NRS 293C.255 under the title and length of term of

6-31  the office for which those candidates filed.

6-32      Sec. 9.  NRS 293C.260 is hereby amended to read as follows:

6-33      293C.260  1.  Except as otherwise provided in NRS 293C.140,

6-34  ballots for a general city election must contain the names of

6-35  candidates who were nominated at the primary city election.

6-36      2.  The names of candidates must be grouped [alphabetically] in

6-37  accordance with paragraph (b) of subsection 1 of NRS 293C.255

6-38  under the title and length of term of the office for which those

6-39  candidates filed.

6-40      Sec. 10.  NRS 293C.262 is hereby amended to read as follows:

6-41      293C.262  1.  The offices for which there are candidates, the

6-42  names of the candidates therefor and the questions to be voted upon

6-43  must be printed on ballots for a city election in the following order:

6-44      (a) City offices:

6-45          (1) Mayor;

7-1       (2) Councilmen , who must be placed on the ballot:

7-2           (I) If the applicable city has been divided into wards,

7-3  according to ward in numerical order[, if no] and, within each

7-4  ward, in accordance with paragraph (b) of subsection 1 of NRS

7-5  293C.255; or

7-6           (II) If the applicable city has not been divided into

7-7  wards, in [alphabetical order;] accordance with paragraph (b) of

7-8  subsection 1 of NRS 293C.255; and

7-9       (3) Municipal judges.

7-10      (b) Questions presented to the voters of a city or a portion of a

7-11  city.

7-12      2.  The city clerk:

7-13      (a) May divide paper ballots into two sheets in a manner that

7-14  provides a clear understanding and grouping of all measures and

7-15  candidates.

7-16      (b) Shall prescribe the color or colors of the ballots and voting

7-17  receipts used in any election which the clerk is required to conduct.

 

7-18  H