Assembly Bill No. 410–Assemblymen Sherer, Knecht, Brown, Conklin, Geddes, Giunchigliani, Hettrick and Marvel

 

March 17, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes relating to elections. (BDR 24‑945)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to elections; requiring, for purposes of registering to vote in this state, that a person who maintains a residence in another state must agree to forfeit his residency in the other state for voting purposes; authorizing certain new residents of this state to vote for all federal offices and statewide offices; providing that the residency requirements for qualification as a voter in elections include an intent to remain a resident; revising the requirements concerning the contents of certain applications to register to vote; requiring, under certain circumstances, the county clerk of a county within this state to which an elector moves to send a cancellation notice to certain persons in the county, whether located within or without this state, in which the elector was last registered to vote; 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. Chapter 293 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  A person may have only one residence for the

1-4  purposes of registering to vote.

2-1  2.  If a person maintains one or more residences in another

2-2  state, the person must, to register to vote in the State of Nevada,

2-3  agree to forfeit his residency in the other state for voting purposes.

2-4  Sec. 3.  1.  If a new resident of the State of Nevada otherwise

2-5  qualified to vote in another state in any election for President and

2-6  Vice President of the United States has commenced his residence

2-7  in this state after the 30th day next preceding that election and for

2-8  this reason does not satisfy the requirements for registration in

2-9  this state, he may vote in this state for all federal offices and

2-10  statewide offices.

2-11      2.  If a new resident of the State of Nevada wishes to vote for

2-12  all federal offices and statewide offices pursuant to this section, he

2-13  must:

2-14      (a) Apply to the county clerk for the appropriate ballot using

2-15  the form prescribed by the Secretary of State; and

2-16      (b) Vote only in the office of the county clerk during regular

2-17  office hours.

2-18      3.  A county clerk, upon receipt of an application pursuant to

2-19  this section, shall provide to the applicant a ballot and any other

2-20  materials necessary to vote only for all federal offices and

2-21  statewide offices.

2-22      4.  A vote cast pursuant to this section must not be:

2-23      (a) Combined with the total of a precinct but must be

2-24  segregated at the precinct and then combined with the totals for

2-25  the county.

2-26      (b) Included in precinct, district, county or state totals for

2-27  other electoral purposes.

2-28      5.  The Secretary of State may, in a manner consistent with

2-29  the election laws of this state, adopt regulations to effectuate the

2-30  purposes of this section.

2-31      Sec. 4.  NRS 293.485 is hereby amended to read as follows:

2-32      293.485  1.  Every citizen of the United States, 18 years of age

2-33  or over, who , with an intent to remain, has continuously and

2-34  actually resided in this state and in the county 30 days and in the

2-35  precinct 10 days next preceding the day of the next succeeding:

2-36      (a) Primary election;

2-37      (b) Primary city election;

2-38      (c) General election; or

2-39      (d) General city election,

2-40  and who has registered in the manner provided in this chapter, is

2-41  entitled to vote at that election.

2-42      2.  This section does not exclude the registration of eligible

2-43  persons whose 18th birthday or the date of whose completion of the

2-44  required residence occurs on or before the next succeeding:

2-45      (a) Primary election;

3-1  (b) Primary city election;

3-2  (c) General election;

3-3  (d) General city election; or

3-4  (e) Any other election.

3-5  Sec. 5.  NRS 293.507 is hereby amended to read as follows:

3-6  293.507  1.  The Secretary of State shall prescribe:

3-7  (a) A standard form for applications to register to vote; and

3-8  (b) A special form for registration to be used in a county where

3-9  registrations are performed and records of registration are kept by

3-10  computer.

3-11      2.  The county clerks shall provide forms for applications to

3-12  register to vote to field registrars in the form and number prescribed

3-13  by the Secretary of State.

3-14      3.  A form for an application to register to vote must include a

3-15  duplicate copy or receipt to be retained by the applicant upon

3-16  completion of the form.

3-17      4.  The form for an application to register to vote must include:

3-18      (a) A line for use by the county clerk to enter the number:

3-19          (1) Indicated on the voter’s social security card, driver’s

3-20  license or identification card issued by the Department of Motor

3-21  Vehicles, or any other identification card issued by an agency of this

3-22  state or the Federal Government that contains:

3-23              (I) An identifying number; and

3-24              (II) A photograph or physical description of the voter; or

3-25          (2) Issued to the voter pursuant to subsection 5.

3-26      (b) A line on which to enter the address at which the voter

3-27  actually resides, as set forth in NRS 293.486.

3-28      (c) A notice that the voter may not list a business as the address

3-29  required pursuant to paragraph (b) unless he actually resides there.

3-30      (d) A line on which to enter an address at which the voter may

3-31  receive mail, including, without limitation, a post office box or

3-32  general delivery.

3-33      (e) A notice that a voter may have only one residence for the

3-34  purposes of registering to vote.

3-35      (f) A notice that if a person maintains one or more residences

3-36  in another state, the person must, to register to vote in the State of

3-37  Nevada, agree to forfeit his residency in the other state for voting

3-38  purposes.

3-39      (g) A line on which a voter may, if applicable, indicate his

3-40  agreement to forfeit his residency in another state as described in

3-41  paragraph (f).

3-42      (h) A notice that after a voter registers to vote in a county in

3-43  this state, the county clerk of the county will, if appropriate

3-44  pursuant to NRS 293.527, send a cancellation notice to the county

3-45  clerk or other appropriate election officer of the county in which

4-1  the voter last resided, whether that county is located within or

4-2  without this state.

4-3  5.  If a voter does not:

4-4  (a) Possess any of the identification set forth in subparagraph (1)

4-5  of paragraph (a) of subsection 4; or

4-6  (b) Wish to provide to the county clerk the number indicated on

4-7  that identification,

4-8  the county clerk shall issue an identification number to the voter.

4-9  6.  The Secretary of State shall adopt regulations to carry out

4-10  the provisions of subsections 4 and 5.

4-11      Sec. 6.  NRS 293.527 is hereby amended to read as follows:

4-12      293.527  When an elector moves to [another] a county within

4-13  this state and registers to vote therein, the county clerk of the county

4-14  where the elector has moved shall send a cancellation notice to the

4-15  county clerk or other appropriate election officer of the county in

4-16  which the elector previously resided[. The] , whether that county is

4-17  located within or without this state. A county clerk [receiving] in

4-18  this state who receives such a notice shall cancel the registration of

4-19  the elector and place it in a cancelled file.

4-20      Sec. 7.  NRS 298.259 is hereby repealed.

 

4-21  TEXT OF REPEALED SECTION

 

4-22      298.259  Voting by new residents; regulations.

4-23      1.  If a new resident of the State of Nevada otherwise qualified

4-24   to vote in another state in any election for President and Vice

4-25   President of the United States has commenced his residence in this

4-26   state after the 30th day next preceding that election and for this

4-27   reason does not satisfy the requirements for registration in this

4-28   state, he may vote for President and Vice President in this state.

4-29      2.  If a new resident of the State of Nevada wishes to vote for

4-30   the President and Vice President of the United States pursuant to

4-31   this section, he must:

4-32      (a) Apply to the county clerk for the appropriate ballot using the

4-33   form prescribed by the Secretary of State; and

4-34      (b) Vote only in the office of the county clerk during regular

4-35   office hours.

4-36      3.  A county clerk, upon receipt of an application pursuant to

4-37   this section, shall provide the applicant a ballot and any other

4-38   materials necessary to vote only for President and Vice President of

4-39   the United States.

4-40      4.  A vote cast pursuant to this section must not be:

5-1  (a) Combined with the total of a precinct but must be segregated

5-2  at the precinct and then combined with the totals for the county.

5-3  (b) Included in precinct, district, county or state totals for other

5-4   electoral purposes.

5-5  5.  The Secretary of State may, in a manner consistent with the

5-6   election laws of this state, adopt regulations to effectuate the

5-7   purposes of this section.

 

5-8  H