A.B. 527
Assembly
Bill No. 527–Committee on Elections,
Procedures, and Ethics
(On Behalf of the Secretary of State)
March 24, 2003
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes concerning elections. (BDR 24‑413)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 20, 35 )
(Not Requested by Affected Local Government)
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to elections; requiring the Secretary of State to establish a statewide voter registration list; establishing certain standards for voting systems; establishing the use of provisional ballots for elections for federal offices; changing the date by which a board of county commissioners and governing board of a city must conduct a canvass of the election returns following an election; changing the types of acceptable identification for certain persons voting for the first time; requiring the posting of certain information at each polling place; requiring county and city clerks to take certain actions to assist elderly persons and persons with disabilities in voting; changing the type of identification required to register to vote; making various changes concerning voting by persons who are in the Armed Forces or overseas; exempting the Secretary of State from the competitive bidding process for awarding certain contracts concerning the statewide voter registration list; 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 to 15, inclusive, of this
1-3 act.
1-4 Sec. 2. “Statewide voter registration list” means the list of
1-5 registered voters established and maintained pursuant to section 3
1-6 of this act.
1-7 Sec. 3. 1. The Secretary of State shall establish and
1-8 maintain an official statewide voter registration list in consultation
1-9 with each county and city clerk.
1-10 2. The statewide voter registration list must:
1-11 (a) Be a uniform, centralized and interactive computerized list;
1-12 (b) Serve as the single method for storing and managing the
1-13 official list of registered voters in this state;
1-14 (c) Serve as the official list of registered voters for the conduct
1-15 of all elections in this state;
1-16 (d) Contain the name and registration information of every
1-17 legally registered voter in this state;
1-18 (e) Include a unique identifier assigned by the Secretary of
1-19 State to each legally registered voter in this state;
1-20 (f) Be coordinated with the appropriate databases of other
1-21 agencies in this state;
1-22 (g) Be electronically accessible to each state and local election
1-23 official in this state at all times;
1-24 (h) Be accessible from all polling places in this state;
1-25 (i) Allow for data to be shared with other states under certain
1-26 circumstances; and
1-27 (j) Be regularly maintained to ensure the integrity of the
1-28 registration process and the election process.
1-29 3. Each county and city clerk shall:
1-30 (a) Electronically enter into the statewide voter registration list
1-31 all information related to voter registration obtained by the county
1-32 or city clerk at the time the information is provided to the county
1-33 or city clerk; and
1-34 (b) Provide the Secretary of State with information concerning
1-35 the voter registration of the county or city and any other
1-36 information requested by the Secretary of State in the form
1-37 required by the Secretary of State to establish or maintain the
1-38 statewide voter registration list.
1-39 4. In establishing and maintaining the statewide voter
1-40 registration list, the Secretary of State shall enter into a
1-41 cooperative agreement with the Department of Motor Vehicles to
1-42 match information in the database of the statewide voter
2-1 registration list with information in the appropriate database of
2-2 the Department of Motor Vehicles to verify the accuracy of the
2-3 information in an application to register to vote.
2-4 5. The Department of Motor Vehicles shall enter into an
2-5 agreement with the Social Security Administration pursuant to the
2-6 Help America Vote Act of 2002, Public Law 107-252, to verify the
2-7 accuracy of information in an application to register to vote.
2-8 Sec. 4. If a county or city uses paper ballots or punch cards
2-9 in an election, including, without limitation, for absent ballots and
2-10 ballots voted in a mailing precinct, the county or city clerk shall
2-11 provide a voter education program specific to the voting system
2-12 used by the county or city. The voter education program must
2-13 include, without limitation, information concerning the effect of
2-14 overvoting and the procedures for correcting a vote on a ballot
2-15 before it is cast and counted and for obtaining a replacement
2-16 ballot.
2-17 Sec. 5. The Secretary of State and each county and city clerk
2-18 shall ensure that each voting system used in this state:
2-19 1. Secures to the voter privacy and independence in the act of
2-20 voting, including, without limitation, confidentiality of the ballot
2-21 of the voter;
2-22 2. Allows each voter to verify privately and independently the
2-23 votes selected by the voter on the ballot before the ballot is cast
2-24 and counted;
2-25 3. Provides each voter with the opportunity, in a private and
2-26 independent manner, to change the ballot and to correct any error
2-27 before the ballot is cast and counted, including, without limitation,
2-28 the opportunity to correct an error through the issuance of a
2-29 replacement ballot if the voter is otherwise unable to change the
2-30 ballot or correct the error;
2-31 4. Provides a permanent paper record with a manual audit
2-32 capacity which must be available as an official record for a
2-33 recount; and
2-34 5. Meets or exceeds the standards for voting systems
2-35 established by the Federal Election Commission, including,
2-36 without limitation, the error rate standards.
2-37 Sec. 6. 1. Each voting system used by a county or city shall
2-38 provide voting materials in English and other languages in
2-39 compliance with the provisions of 42 U.S.C. § 1973aa-1a.
2-40 2. As used in this section, the term “voting materials” has the
2-41 meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
2-42 Sec. 7. A person at a polling place may cast a provisional
2-43 ballot in an election to vote for a candidate for federal office if the
2-44 person complies with the applicable provisions of section 8 of this
2-45 act and:
3-1 1. Declares that he has registered to vote and is eligible to
3-2 vote at that election for federal office in that jurisdiction, but his
3-3 name does not appear on the statewide voter registration list as a
3-4 voter eligible to vote in the election in that jurisdiction;
3-5 2. Applies by mail to register to vote and has not previously
3-6 voted in an election for federal office in this state and fails to
3-7 provide the identification required pursuant to paragraph (a) of
3-8 subsection 1 of section 10 of this act to the election board officer
3-9 at the polling place; or
3-10 3. Declares that he is entitled to vote after the polling place
3-11 would normally close as a result of a court order or other order
3-12 extending the time established for the closing of polls pursuant to
3-13 a law of this state in effect 10 days before the date of the election.
3-14 Sec. 8. 1. Before a person may cast a provisional ballot
3-15 pursuant to section 7 of this act, the person must complete a
3-16 written affirmation on a form provided by an election board
3-17 officer at the polling place which includes:
3-18 (a) The name of the person casting the provisional ballot;
3-19 (b) The reason for casting the provisional ballot;
3-20 (c) A statement in which the person casting the provisional
3-21 ballot affirms under penalty of perjury that he is a registered voter
3-22 in the jurisdiction and is eligible to vote in the election;
3-23 (d) The date and type of election;
3-24 (e) The signature of the person casting the provisional ballot;
3-25 (f) The signature of the election board officer;
3-26 (g) A unique affirmation identification number assigned to the
3-27 person casting the provisional ballot;
3-28 (h) If the person is casting the provisional ballot pursuant to
3-29 subsection 1 of section 7 of this act:
3-30 (1) An indication by the person as to whether or not he
3-31 provided the required identification at the time he applied to
3-32 register to vote;
3-33 (2) The address of the person as listed on his application to
3-34 register to vote;
3-35 (3) Information concerning the place, manner and
3-36 approximate date on which the person applied to register to vote;
3-37 (4) Any other information that the person believes may be
3-38 useful in verifying that the person has registered to vote; and
3-39 (5) A statement informing the voter that the required
3-40 identification must be provided to the county or city clerk not later
3-41 than 5 p.m. on the Tuesday following election day and that failure
3-42 to do so will result in the provisional ballot not being counted;
3-43 (i) If the person is casting the provisional ballot pursuant to
3-44 subsection 2 of section 7 of this act:
4-1 (1) The address of the person as listed on his application to
4-2 register to vote;
4-3 (2) The voter registration number, if any, issued to the
4-4 person; and
4-5 (3) A statement informing the voter that the required
4-6 identification must be provided to the county or city clerk not later
4-7 than 5 p.m. on the Tuesday following election day and that failure
4-8 to do so will result in the provisional ballot not being counted; and
4-9 (j) If the person is casting the provisional ballot pursuant to
4-10 subsection 3 of section 7 of this act, the voter registration number,
4-11 if any, issued to the person.
4-12 2. After a person completes a written affirmation pursuant to
4-13 subsection 1:
4-14 (a) The election board officer shall provide the person with a
4-15 receipt that includes the unique affirmation identification number
4-16 described in subsection 1 and that explains how the person may
4-17 use the free access system established pursuant to section 13 of
4-18 this act to ascertain whether his vote was counted, and, if not, the
4-19 reason why the vote was not counted;
4-20 (b) The voter’s name and applicable information must be
4-21 entered into the roster in a manner which indicates that the voter
4-22 cast a provisional ballot; and
4-23 (c) The election board officer shall issue a provisional ballot to
4-24 the person to vote only for federal offices.
4-25 Sec. 9. A person may cast a ballot by mail to vote for a
4-26 candidate for federal office which must be treated as a provisional
4-27 ballot by the city or county clerk if the person:
4-28 1. Applies by mail to register to vote and has not previously
4-29 voted in an election for federal office in this state;
4-30 2. Fails to provide the identification required pursuant to
4-31 paragraph (b) of subsection 1 of section 10 of this act to the
4-32 county or city clerk at the time that he mails his ballot; and
4-33 3. Completes the written affirmation set forth in subsection 1
4-34 of section 8 of this act.
4-35 Sec. 10. 1. Except as otherwise provided in subsection 2, in
4-36 sections 7 and 9 of this act and in federal law, a person who,
4-37 registers by mail to vote in this state and who has not previously
4-38 voted in an election for federal office in this state:
4-39 (a) May vote at a polling place only if the person presents to
4-40 the election board officer at the polling place:
4-41 (1) A current and valid photo identification of the person;
4-42 or
4-43 (2) A copy of a current utility bill, bank statement,
4-44 paycheck, or document issued by a governmental entity, including,
5-1 without limitation, a check, which indicates the name and address
5-2 of the person; and
5-3 (b) May vote by mail only if the person provides to the county
5-4 or city clerk:
5-5 (1) A copy of a current and valid photo identification of the
5-6 person; or
5-7 (2) A copy of a current utility bill, bank statement,
5-8 paycheck, or document issued by a governmental entity, including,
5-9 without limitation, a check, which indicates the name and address
5-10 of the person.
5-11 2. The provisions of this section do not apply to a person
5-12 who:
5-13 (a) Registers to vote by mail and submits with his application
5-14 to register to vote:
5-15 (1) A copy of a current and valid photo identification; or
5-16 (2) A copy of a current utility bill, bank statement,
5-17 paycheck, or document issued by a governmental entity, including,
5-18 without limitation, a check, which indicates the name and address
5-19 of the person;
5-20 (b) Registers to vote by mail and submits with his application
5-21 to register to vote a driver’s license number or at least the last four
5-22 digits of his social security number, if a state or local election
5-23 official has matched that information with an existing
5-24 identification record bearing the same number, name and date of
5-25 birth as provided by the person in his application;
5-26 (c) Is entitled to vote an absent ballot pursuant to the
5-27 Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
5-28 1973ff et seq.;
5-29 (d) Is provided the right to vote otherwise than in person under
5-30 the Voting Accessibility for the Elderly and Handicapped Act, 42
5-31 U.S.C. 1973ee et seq.; or
5-32 (e) Is entitled to vote otherwise than in person under any other
5-33 federal law.
5-34 Sec. 11. Each county and city clerk shall establish
5-35 procedures to:
5-36 1. Keep each provisional ballot cast pursuant to section 7 or 9
5-37 of this act separate from other ballots until it has been determined
5-38 whether or not the voter was registered and eligible to vote in the
5-39 election in that jurisdiction;
5-40 2. Keep each provisional ballot cast pursuant to subsection 3
5-41 of section 7 of this act separate from all other provisional ballots;
5-42 and
5-43 3. Inform a person whose name does not appear on the
5-44 statewide voter registration list as an eligible voter for a polling
5-45 place or who an election official asserts is not eligible to vote at
6-1 the polling place, of the ability of the person to cast a provisional
6-2 ballot.
6-3 Sec. 12. 1. Following each election, a canvass of the
6-4 provisional ballots cast in the election must be conducted pursuant
6-5 to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.
6-6 2. The county and city clerk shall not:
6-7 (a) Include any provisional ballot in the unofficial results
6-8 reported on election night; or
6-9 (b) Open any envelope containing a provisional ballot before 8
6-10 a.m. on the Wednesday following election day.
6-11 3. A provisional ballot must be counted if:
6-12 (a) The county or city clerk determines that the person who
6-13 cast the provisional ballot was registered to vote in the election,
6-14 eligible to vote in the election and issued the appropriate ballot for
6-15 the address at which he resides;
6-16 (b) A voter who failed to provide required identification at the
6-17 polling place or with his mailed ballot provides the required
6-18 identification to the county or city clerk not later than 5 p.m. on
6-19 the Tuesday following election day; or
6-20 (c) A court order has not been issued by 5 p.m. on the Tuesday
6-21 following election day directing that provisional ballots cast
6-22 pursuant subsection 3 of section 7 of this act not be counted, and
6-23 the provisional ballot was cast pursuant to subsection 3 of section
6-24 7 of this act.
6-25 Sec. 13. 1. The Secretary of State shall establish a free
6-26 access system such as a toll-free telephone number or an Internet
6-27 website to inform a person who cast a provisional ballot whether
6-28 his vote was counted and, if not, the reason who the vote was not
6-29 counted.
6-30 2. The free access system must ensure secrecy of the ballot
6-31 while protecting the confidentiality and integrity of personal
6-32 information contained therein.
6-33 3. Access to information concerning a provisional ballot must
6-34 be restricted to the person who cast the provisional ballot.
6-35 Sec. 14. The Secretary of State and each county and city
6-36 clerk shall ensure that a copy of each of the following is posted in
6-37 a conspicuous place at each polling place on election day:
6-38 1. A sample ballot;
6-39 2. Information concerning the date and hours of operation of
6-40 the polling place;
6-41 3. Instructions for voting and casting a ballot, including a
6-42 provisional ballot;
6-43 4. Instructions concerning the identification required for
6-44 persons who by mail apply for the first time to register to vote;
7-1 5. Information concerning the accessibility of polling places
7-2 to persons with disabilities; and
7-3 6. General information concerning federal and state laws
7-4 which prohibit acts of fraud and misrepresentation.
7-5 Sec. 15. 1. The Secretary of State shall:
7-6 (a) Provide information regarding voter registration and
7-7 absentee voting by Armed Forces personnel and overseas voters;
7-8 (b) Within 90 days after the date of each general election and
7-9 general city election in which electors voted for federal offices,
7-10 submit to the Election Assistance Commission established
7-11 pursuant to the Help America Vote Act of 2002, Public Law 107-
7-12 252, a report of the combined number of absentee ballots
7-13 transmitted to absent Armed Forces personnel and overseas voters
7-14 for the election and the combined number of such ballots that
7-15 were returned by such voters and cast in the election;
7-16 (c) Make each report submitted pursuant to paragraph (b)
7-17 available to the public; and
7-18 (d) Adopt any regulations which are necessary to comply with
7-19 the provisions of the Help America Vote Act of 2002, Public Law
7-20 107-252, and which are not inconsistent with the provisions of this
7-21 chapter to the extent the provisions of this chapter are consistent
7-22 with the Help American Vote Act of 2002, Public Law 107-252.
7-23 2. Each county and city clerk shall provide such information
7-24 as is requested by the Secretary of State to comply with the
7-25 provisions of this section.
7-26 Sec. 16. NRS 293.010 is hereby amended to read as follows:
7-27 293.010 As used in this title, unless the context otherwise
7-28 requires, the words and terms defined in NRS 293.013 to 293.121,
7-29 inclusive, and section 2 of this act have the meanings ascribed to
7-30 them in those sections.
7-31 Sec. 17. NRS 293.1279 is hereby amended to read as follows:
7-32 293.1279 1. If the statistical sampling shows that the number
7-33 of valid signatures filed is 90 percent or more, but less than the sum
7-34 of 100 percent of the number of signatures of registered voters
7-35 needed to declare the petition sufficient plus the total number of
7-36 requests to remove a name received by the county clerks pursuant to
7-37 NRS 295.055 or 306.015, the Secretary of State shall order the
7-38 county clerks to examine the signatures for verification. The county
7-39 clerks shall examine the signatures for verification until they
7-40 determine that 100 percent of the number of signatures of registered
7-41 voters needed to declare the petition sufficient are valid. If the
7-42 county clerks received a request to remove a name pursuant to NRS
7-43 295.055 or 306.015, the county clerks may not determine that 100
7-44 percent of the number of signatures of registered voters needed to
8-1 declare the petition sufficient are valid until they have removed each
8-2 name as requested pursuant to NRS 295.055 or 306.015.
8-3 2. If the statistical sampling shows that the number of valid
8-4 signatures filed in any county is 90 percent or more but less than the
8-5 sum of 100 percent of the number of signatures of registered voters
8-6 needed to constitute 10 percent of the number of voters who voted at
8-7 the last preceding general election in that county plus the total
8-8 number of requests to remove a name received by the county clerk
8-9 in that county pursuant to NRS 295.055 or 306.015, the Secretary of
8-10 State may order the county clerk in that county to examine every
8-11 signature for verification. If the county clerk received a request to
8-12 remove a name pursuant to NRS 295.055 or 306.015, the county
8-13 clerk may not determine that 100 percent or more of the number of
8-14 signatures of registered voters needed to constitute 10 percent of the
8-15 number of voters who voted at the last preceding general election in
8-16 that county are valid until he has removed each name as requested
8-17 pursuant to NRS 295.055 or 306.015.
8-18 3. Within 12 days, excluding Saturdays, Sundays and holidays,
8-19 after receipt of such an order, the county clerk shall determine from
8-20 the records of registration what number of registered voters have
8-21 signed the petition. If necessary, the board of county commissioners
8-22 shall allow the county clerk additional assistants for examining the
8-23 signatures and provide for their compensation. In determining from
8-24 the records of registration what number of registered voters have
8-25 signed the petition, the county clerk may use any file or list of
8-26 registered voters maintained by his office , the statewide voter
8-27 registration list or any facsimiles of voters’ signatures. The county
8-28 clerk may rely on the appearance of the signature and the address
8-29 and date included with each signature in determining the number of
8-30 registered voters that signed the petition.
8-31 4. Except as otherwise provided in subsection 5, upon
8-32 completing the examination, the county clerk shall immediately
8-33 attach to the documents of the petition an amended certificate ,
8-34 properly dated, showing the result of the examination and shall
8-35 immediately forward the documents with the amended certificate to
8-36 the Secretary of State. A copy of the amended certificate must be
8-37 filed in the county clerk’s office.
8-38 5. For any petition containing signatures which are required to
8-39 be verified pursuant to the provisions of NRS 293.165, 293.200,
8-40 306.035 or 306.110 for any county, district or municipal office
8-41 within one county, the county clerk shall not forward to the
8-42 Secretary of State the documents containing the signatures of the
8-43 registered voters.
8-44 6. Except for a petition to recall a county, district or municipal
8-45 officer, the petition shall be deemed filed with the Secretary of State
9-1 as of the date on which he receives certificates from the county
9-2 clerks showing the petition to be signed by the requisite number of
9-3 voters of the State.
9-4 7. If the amended certificates received from all county clerks
9-5 by the Secretary of State establish that the petition is still
9-6 insufficient, he shall immediately so notify the petitioners and the
9-7 county clerks. If the petition is a petition to recall a county, district
9-8 or municipal officer, the Secretary of State shall also notify the
9-9 officer with whom the petition is to be filed.
9-10 Sec. 18. NRS 293.272 is hereby amended to read as follows:
9-11 293.272 1. Except as otherwise provided in subsection 2[,]
9-12 and in sections 9 and 10 of this act, a person who registered to vote
9-13 pursuant to the provisions of NRS 293.5235, shall, for the first
9-14 election in which he votes at which that registration is valid, vote in
9-15 person unless he has previously voted in the county in which he is
9-16 registered to vote.
9-17 2. The provisions of subsection 1 do not apply to a person who:
9-18 (a) Is entitled to vote in the manner prescribed in NRS 293.343
9-19 to 293.355, inclusive;
9-20 (b) Is entitled to vote an absent ballot pursuant to federal law or
9-21 NRS 293.316 or 293.3165;
9-22 (c) Is disabled;
9-23 (d) Submits or has previously submitted a written request for an
9-24 absent ballot that is signed by the registered voter before a notary
9-25 public or other person authorized to administer an oath; or
9-26 (e) Requests an absent ballot in person at the office of the
9-27 county clerk.
9-28 Sec. 19. NRS 293.277 is hereby amended to read as follows:
9-29 293.277 1. If a person’s name appears in the election board
9-30 register or if he provides an affirmation pursuant to NRS 293.525,
9-31 he is entitled to vote and must sign his name in the election board
9-32 register when he applies to vote. His signature must be compared by
9-33 an election board officer with the signature or a facsimile thereof on
9-34 his original application to register to vote or one of the forms of
9-35 identification listed in subsection 2.
9-36 2. [The] Except as otherwise provided in section 10 of this
9-37 act, the forms of identification which may be used individually to
9-38 identify a voter at the polling place are:
9-39 (a) The card issued to the voter at the time he registered to vote;
9-40 (b) A driver’s license;
9-41 (c) An identification card issued by the Department of Motor
9-42 Vehicles;
9-43 (d) A military identification card; or
10-1 (e) Any other form of identification issued by a governmental
10-2 agency which contains the voter’s signature and physical description
10-3 or picture.
10-4 Sec. 20. NRS 293.2955 is hereby amended to read as follows:
10-5 293.2955 1. Except as otherwise provided in subsection 2, at
10-6 all times during which a polling place is open, the polling place
10-7 must:
10-8 (a) Be accessible to a voter who is elderly or [disabled;] a voter
10-9 with a disability; and
10-10 (b) Have at least one voting booth that is:
10-11 (1) Designed to allow a voter in a wheelchair to vote;
10-12 (2) Designated for use by a voter who is elderly or [disabled;
10-13 and] a voter with a disability;
10-14 (3) Equipped to allow a voter who is elderly or [disabled] a
10-15 voter with a disability to vote with the same privacy as a voter who
10-16 is not elderly or [disabled.] as a voter without a disability; and
10-17 (4) Equipped with a mechanical recording device which
10-18 directly records the votes electronically and which may be used by
10-19 a voter with a disability.
10-20 2. A polling place that does not comply with the provisions of
10-21 subsection 1 may be used if necessary because of a natural disaster,
10-22 including, without limitation, an earthquake, flood, fire or storm.
10-23 3. At each polling place, the county clerk [is encouraged to:]
10-24 shall:
10-25 (a) Post in a conspicuous place, in at least 12-point type,
10-26 instructions for voting;
10-27 (b) Provide ballots in alternative audio and visual formats for
10-28 use by a voter who is elderly or [disabled;] a voter with a disability;
10-29 and
10-30 (c) Provide, in alternative audio and visual formats for use by a
10-31 voter who is elderly or [disabled,] a voter with a disability, all
10-32 materials that are:
10-33 (1) Related to the election; and
10-34 (2) Made available to a voter in printed form at the polling
10-35 place.
10-36 Sec. 21. NRS 293.313 is hereby amended to read as follows:
10-37 293.313 1. Except as otherwise provided in NRS 293.272
10-38 and 293.502, a registered voter who provides sufficient written
10-39 notice to the county clerk may vote an absent ballot as provided in
10-40 this chapter.
10-41 2. A registered voter who:
10-42 (a) Is at least 65 years of age; or
10-43 (b) Has a physical disability or condition which substantially
10-44 impairs his ability to go to the polling place,
11-1 may request an absent ballot for all elections held during the year he
11-2 requests an absent ballot. The registered voter must include in his
11-3 request a description of his physical disability or condition.
11-4 3. As used in this section, “sufficient written notice” means a:
11-5 (a) Written request for an absent ballot which is signed by the
11-6 registered voter and returned to the county clerk in person or by
11-7 mail or facsimile machine;
11-8 (b) Form prescribed by the Secretary of State which is
11-9 completed and signed by the registered voter and returned to the
11-10 county clerk in person or by mail or facsimile machine; or
11-11 (c) Form provided by the Federal Government.
11-12 4. A county clerk shall consider a request from a voter who has
11-13 given sufficient written notice on a form provided by the Federal
11-14 Government as [a] :
11-15 (a) A request for both the primary and general elections unless
11-16 otherwise specified in the request[.] ; and
11-17 (b) A request for an absent ballot for the two primary and
11-18 general elections immediately following the date on which the
11-19 county clerk received the request.
11-20 5. It is unlawful for a person fraudulently to request an absent
11-21 ballot in the name of another person or to induce or coerce another
11-22 person fraudulently to request an absent ballot in the name of
11-23 another person. A person who violates this subsection is guilty of a
11-24 category E felony and shall be punished as provided in
11-25 NRS 193.130.
11-26 Sec. 22. NRS 293.320 is hereby amended to read as follows:
11-27 293.320 1. The county clerk shall determine before issuing
11-28 an absent ballot that the person making application is a registered
11-29 voter in the proper county.
11-30 2. Armed Forces personnel who are not registered to vote and
11-31 are applying for absent ballots must complete:
11-32 (a) The application to register to vote required by NRS 293.517
11-33 for registration; or
11-34 (b) The form provided by the Federal Government for
11-35 registration and request of an absent ballot,
11-36 before receiving an absent ballot.
11-37 3. If the county clerk rejects an application submitted
11-38 pursuant to subsection 2 or submitted by an overseas voter, the
11-39 county clerk shall inform the applicant of the reason for the
11-40 rejection.
11-41 Sec. 23. NRS 293.387 is hereby amended to read as follows:
11-42 293.387 1. As soon as the returns from all the precincts and
11-43 districts in any county have been received by the board of county
11-44 commissioners, the board shall meet and canvass the returns. The
12-1 canvass must be completed on or before the [fifth] 10th working day
12-2 following the election.
12-3 2. In making its canvass, the board shall:
12-4 (a) Note separately any clerical errors discovered; and
12-5 (b) Take account of the changes resulting from the discovery[,]
12-6 so that the result declared represents the true vote cast.
12-7 3. The county clerk shall, as soon as the result is declared,
12-8 enter upon the records of the board an abstract of the result[,] which
12-9 must contain the number of votes cast for each candidate. The
12-10 board, after making the abstract, shall cause the county clerk to
12-11 certify the abstract and, by an order made and entered in the minutes
12-12 of its proceedings, to make:
12-13 (a) A copy of the certified abstract; and
12-14 (b) A mechanized report of the abstract in compliance with
12-15 regulations adopted by the Secretary of State,
12-16 and transmit them to the Secretary of State not more than 6 working
12-17 days after the election.
12-18 4. The Secretary of State shall, immediately after any primary
12-19 election, compile the returns for all candidates voted for in more
12-20 than one county. He shall make out and file in his office an abstract
12-21 thereof, and shall certify to the county clerk of each county the name
12-22 of each person nominated[,] and the name of the office for which he
12-23 is nominated.
12-24 Sec. 24. NRS 293.505 is hereby amended to read as follows:
12-25 293.505 1. All justices of the peace, except those located in
12-26 county seats, are ex officio field registrars to carry out the
12-27 provisions of this chapter.
12-28 2. The county clerk shall appoint at least one registered voter to
12-29 serve as a field registrar of voters who, except as otherwise provided
12-30 in NRS 293.5055, shall register voters within the county for which
12-31 he is appointed. Except as otherwise provided in subsection 1, a
12-32 candidate for any office may not be appointed or serve as a field
12-33 registrar. A field registrar serves at the pleasure of the county clerk
12-34 and shall perform his duties as the county clerk may direct.
12-35 3. A field registrar shall demand of any person who applies for
12-36 registration all information required by the application to register to
12-37 vote and shall administer all oaths required by this chapter.
12-38 4. When a field registrar has in his possession five or more
12-39 completed applications to register to vote he shall forward them to
12-40 the county clerk, but in no case may he hold any number of them for
12-41 more than 10 days.
12-42 5. Immediately after the close of registration, each field
12-43 registrar shall forward to the county clerk all completed applications
12-44 in his possession. Within 5 days after the close of registration for a
12-45 general election or general city election, a field registrar shall return
13-1 all unused applications in his possession to the county clerk. If all of
13-2 the unused applications are not returned to the county clerk, the field
13-3 registrar shall account for the unreturned applications.
13-4 6. Each field registrar shall submit to the county clerk a list of
13-5 the serial numbers of the completed applications to register to vote
13-6 and the names of the electors on those applications. The serial
13-7 numbers must be listed in numerical order.
13-8 7. Each field registrar shall post notices sent to him by the
13-9 county clerk for posting in accordance with the election laws of this
13-10 state.
13-11 8. A field registrar, employee of a voter registration agency or
13-12 person assisting a voter pursuant to subsection [10] 12 of NRS
13-13 293.5235 shall not:
13-14 (a) Delegate any of his duties to another person; or
13-15 (b) Refuse to register a person on account of that person’s
13-16 political party affiliation.
13-17 9. A person shall not hold himself out to be or attempt to
13-18 exercise the duties of a field registrar unless he has been so
13-19 appointed.
13-20 10. A county clerk, field registrar, employee of a voter
13-21 registration agency or person assisting a voter pursuant to subsection
13-22 [10] 12 of NRS 293.5235 shall not:
13-23 (a) Solicit a vote for or against a particular question or
13-24 candidate;
13-25 (b) Speak to a voter on the subject of marking his ballot for or
13-26 against a particular question or candidate; or
13-27 (c) Distribute any petition or other material concerning a
13-28 candidate or question which will be on the ballot for the ensuing
13-29 election,
13-30 while he is registering an elector.
13-31 11. When the county clerk receives applications to register to
13-32 vote from a field registrar , he shall issue a receipt to the field
13-33 registrar. The receipt must include:
13-34 (a) The number of persons registered; and
13-35 (b) The political party of the persons registered.
13-36 12. A county clerk, field registrar, employee of a voter
13-37 registration agency or person assisting a voter pursuant to subsection
13-38 [10] 12 of NRS 293.5235 shall not:
13-39 (a) Knowingly register a person who is not a qualified elector or
13-40 a person who has filed a false or misleading application to register
13-41 to vote;
13-42 (b) Alter or deface an application to register to vote that has
13-43 been signed by an elector except to correct information contained in
13-44 the application after receiving notice from the elector that a change
13-45 in or addition to the information is required; or
14-1 (c) Register a person who fails to provide satisfactory proof of
14-2 identification and the address at which he actually resides.
14-3 13. If a field registrar violates any of the provisions of this
14-4 section, the county clerk shall immediately suspend the field
14-5 registrar and notify the district attorney of the county in which the
14-6 violation occurred.
14-7 14. A person who violates any of the provisions of subsection
14-8 8, 9, 10 or 12 is guilty of a category E felony and shall be punished
14-9 as provided in NRS 193.130.
14-10 Sec. 25. NRS 293.507 is hereby amended to read as follows:
14-11 293.507 1. The Secretary of State shall prescribe:
14-12 (a) A standard form for applications to register to vote; and
14-13 (b) A special form for registration to be used in a county where
14-14 registrations are performed and records of registration are kept by
14-15 computer.
14-16 2. The county clerks shall provide forms for applications to
14-17 register to vote to field registrars in the form and number prescribed
14-18 by the Secretary of State.
14-19 3. A form for an application to register to vote must include a
14-20 duplicate copy or receipt to be retained by the applicant upon
14-21 completion of the form.
14-22 4. The form for an application to register to vote must include:
14-23 (a) A line for use by the county clerk to enter [the number:
14-24 (1) Indicated on the voter’s social security card,] :
14-25 (1) The number indicated on the voter’s current and valid
14-26 driver’s license [or identification card] issued by the Department of
14-27 Motor Vehicles, [or any other identification card issued by an
14-28 agency of this state or the Federal Government that contains:
14-29 (I) An identifying number; and
14-30 (II) A photograph or physical description of the voter; or
14-31 (2) Issued] if the voter has such a driver’s license;
14-32 (2) The last four digits of the voter’s social security
14-33 number, if the voter does not have a driver’s license issued by the
14-34 Department of Motor Vehicles and does have a social security
14-35 number; or
14-36 (3) The number issued to the voter pursuant to subsection 5
14-37 [.] , if the person does not have a current and valid driver’s license
14-38 issued by the Department of Motor Vehicles or a social security
14-39 number.
14-40 (b) A line on which to enter the address at which the voter
14-41 actually resides, as set forth in NRS 293.486.
14-42 (c) A notice that the voter may not list a business as the address
14-43 required pursuant to paragraph (b) unless he actually resides there.
15-1 (d) A line on which to enter an address at which the voter may
15-2 receive mail, including, without limitation, a post office box or
15-3 general delivery.
15-4 5. If a voter does not[:
15-5 ( a) Possess any of] have the identification set forth in
15-6 subparagraph (1) or (2) of paragraph (a) of subsection 4[; or
15-7 (b) Wish to provide to the county clerk the number indicated on
15-8 that identification,] ,
15-9 the voter shall sign an affidavit stating that he does not have a
15-10 current and valid driver’s license issued by the Department of
15-11 Motor Vehicles or a social security number. Upon receipt of the
15-12 affidavit, the county clerk shall issue an identification number to the
15-13 voter[.] which must be the same number as the unique identifier
15-14 assigned to the voter for purposes of the statewide voter
15-15 registration list.
15-16 6. The Secretary of State shall adopt regulations to carry out
15-17 the provisions of subsections 4 and 5.
15-18 Sec. 26. NRS 293.517 is hereby amended to read as follows:
15-19 293.517 1. Any elector residing within the county may
15-20 register:
15-21 (a) By appearing before the county clerk, a field registrar or a
15-22 voter registration agency, completing the application to register to
15-23 vote , [and] giving true and satisfactory answers to all questions
15-24 relevant to his identity and right to vote[;] , and providing proof of
15-25 his residence and identity;
15-26 (b) By completing and mailing or personally delivering to the
15-27 county clerk an application to register to vote pursuant to the
15-28 provisions of NRS 293.5235;
15-29 (c) Pursuant to the provisions of NRS 293.501 or 293.524; or
15-30 (d) At his residence with the assistance of a field registrar
15-31 pursuant to NRS 293.5237.
15-32 The county clerk shall require a person to submit official
15-33 identification as proof of residence and identity, such as a driver’s
15-34 license or other official document, before registering him. If the
15-35 applicant registers to vote pursuant to this subsection and fails to
15-36 provide proof of his residence and identity, the applicant must
15-37 provide proof of his residence and identity before casting a ballot
15-38 in person or by mail or after casting a provisional ballot pursuant
15-39 to section 7 or 9 of this act.
15-40 2. The application to register to vote must be signed and
15-41 verified under penalty of perjury by the elector registering.
15-42 3. Each elector who is or has been married must be registered
15-43 under his own given or first name, and not under the given or first
15-44 name or initials of his spouse.
16-1 4. An elector who is registered and changes his name must
16-2 complete a new application to register to vote. He may obtain a new
16-3 application:
16-4 (a) At the office of the county clerk or field registrar;
16-5 (b) By submitting an application to register to vote pursuant to
16-6 the provisions of NRS 293.5235;
16-7 (c) By submitting a written statement to the county clerk
16-8 requesting the county clerk to mail an application to register to vote;
16-9 or
16-10 (d) At any voter registration agency.
16-11 If the elector fails to register under his new name, he may be
16-12 challenged pursuant to the provisions of NRS 293.303 or 293C.292
16-13 and may be required to furnish proof of identity and subsequent
16-14 change of name.
16-15 5. An elector who registers to vote pursuant to paragraph (a) of
16-16 subsection 1 shall be deemed to be registered upon the completion
16-17 of his application to register to vote.
16-18 6. After the county clerk determines that the application to
16-19 register to vote of a person is complete and that the person is eligible
16-20 to vote, he shall issue a voter registration card to the voter which
16-21 contains:
16-22 (a) The name, address, political affiliation and precinct number
16-23 of the voter;
16-24 (b) The date of issuance; and
16-25 (c) The signature of the county clerk.
16-26 Sec. 27. NRS 293.5235 is hereby amended to read as follows:
16-27 293.5235 1. Except as otherwise provided in NRS 293.502, a
16-28 person may register to vote by mailing an application to register to
16-29 vote to the county clerk of the county in which he resides. The
16-30 county clerk shall, upon request, mail an application to register to
16-31 vote to an applicant. The county clerk shall make the applications
16-32 available at various public places in the county. An application to
16-33 register to vote may be used to correct information in the registrar of
16-34 voters’ register.
16-35 2. An application to register to vote which is mailed to an
16-36 applicant by the county clerk or made available to the public at
16-37 various locations or voter registration agencies in the county may be
16-38 returned to the county clerk by mail or in person. For the purposes
16-39 of this section, an application which is personally delivered to the
16-40 county clerk shall be deemed to have been returned by mail.
16-41 3. The applicant must complete the application, including,
16-42 without limitation, checking the boxes described in paragraphs (b)
16-43 and (c) of subsection 9 and [sign] signing the application.
16-44 4. The county clerk shall, upon receipt of an application,
16-45 determine whether the application is complete.
17-1 5. If he determines that the application is complete, he shall,
17-2 within 10 days after he receives the application, mail to the
17-3 applicant:
17-4 (a) A notice informing him that he is registered to vote and a
17-5 voter registration card as required by subsection 6 of NRS 293.517;
17-6 or
17-7 (b) A notice informing him that the registrar of voters’ register
17-8 has been corrected to reflect any changes indicated on the
17-9 application.
17-10 The applicant shall be deemed to be registered or to have corrected
17-11 the information in the register as of the date the application is
17-12 postmarked or personally delivered.
17-13 6. If the county clerk determines that the application is not
17-14 complete, he shall, as soon as possible, mail a notice to the applicant
17-15 informing him that additional information is required to complete
17-16 the application. If the applicant provides the information requested
17-17 by the county clerk within 15 days after the county clerk mails the
17-18 notice, the county clerk shall, within 10 days after he receives the
17-19 information, mail to the applicant:
17-20 (a) A notice informing him that he is registered to vote and a
17-21 voter registration card as required by subsection 6 of NRS 293.517;
17-22 or
17-23 (b) A notice informing him that the registrar of voters’ register
17-24 has been corrected to reflect any changes indicated on the
17-25 application.
17-26 The applicant shall be deemed to be registered or to have corrected
17-27 the information in the register as of the date the application is
17-28 postmarked or personally delivered. If the applicant does not
17-29 provide the additional information within the prescribed period, the
17-30 application is void.
17-31 7. If the applicant fails to check the box described in
17-32 paragraph (b) of subsection 9, the application shall not be
17-33 considered invalid and the county clerk shall provide a means for
17-34 the applicant to correct the omission at the time the applicant
17-35 appears to vote in person at his assigned polling place.
17-36 8. The Secretary of State shall prescribe the form for an
17-37 application to register to vote by mail which must be used to register
17-38 to vote by mail in this state.
17-39 9. The application to register to vote by mail must include [a] :
17-40 (a) A notice in at least 10-point type which states:
17-41 NOTICE: You are urged to return your application to
17-42 register to vote to the County Clerk in person or by mail. If
17-43 you choose to give your completed application to another
17-44 person to return to the County Clerk on your behalf, and the
18-1 person fails to deliver the application to the County Clerk,
18-2 you will not be registered to vote. Please retain the duplicate
18-3 copy or receipt from your application to register to vote.
18-4 [8.] (b) The question, “Are you a citizen of the United States?”
18-5 and boxes for the applicant to check to indicate whether or not the
18-6 applicant is a citizen of the United States.
18-7 (c) The question, “Will you be at least 18 years of age on or
18-8 before election day?” and boxes for the applicant to check to
18-9 indicate whether or not he will be at least 18 years of age or older
18-10 on election day.
18-11 (d) A statement instructing the applicant not to complete the
18-12 application if he checked “no” in response to the question set
18-13 forth in paragraph (b) or (c).
18-14 (e) A statement informing the applicant that if the application
18-15 is submitted by mail and the applicant is registering to vote for the
18-16 first time, the applicant must submit the information set forth in
18-17 paragraph (a) of subsection 2 of section 10 of this act to avoid the
18-18 requirements of subsection 1 of section 10 of this act upon voting
18-19 for the first time.
18-20 10. The county clerk shall not register a person to vote
18-21 pursuant to this section unless that person has provided all of the
18-22 information required by the application.
18-23 [9.] 11. The county clerk shall mail, by postcard, the notices
18-24 required pursuant to subsections 5 and 6. If the postcard is returned
18-25 to the county clerk by the United States Postal Service because the
18-26 address is fictitious or the person does not live at that address, the
18-27 county clerk shall attempt to determine whether the person’s current
18-28 residence is other than that indicated on his application to register to
18-29 vote in the manner set forth in NRS 293.530.
18-30 [10.] 12. A person who, by mail, registers to vote pursuant to
18-31 this section may be assisted in completing the application to register
18-32 to vote by any other person. The application must include the
18-33 mailing address and signature of the person who assisted the
18-34 applicant. The failure to provide the information required by this
18-35 subsection will not result in the application being deemed
18-36 incomplete.
18-37 [11.] 13. An application to register to vote must be made
18-38 available to all persons, regardless of political party affiliation.
18-39 [12.] 14. An application must not be altered or otherwise
18-40 defaced after the applicant has completed and signed it. An
18-41 application must be mailed or delivered in person to the office of the
18-42 county clerk within 10 days after it is completed.
19-1 [13.] 15. A person who willfully violates any of the provisions
19-2 of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E
19-3 felony and shall be punished as provided in NRS 193.130.
19-4 [14.] 16. The Secretary of State shall adopt regulations to carry
19-5 out the provisions of this section.
19-6 Sec. 28. NRS 293.530 is hereby amended to read as follows:
19-7 293.530 1. County clerks may use any reliable and
19-8 reasonable means available to correct the [official registration lists]
19-9 portions of the statewide voter registration list which are relevant
19-10 to the county clerks and to determine whether a registered voter’s
19-11 current residence is other than that indicated on his application to
19-12 register to vote.
19-13 2. A county clerk may, with the consent of the board of county
19-14 commissioners, make investigations of registration in the county by
19-15 census, by house-to-house canvass or by any other method.
19-16 3. A county clerk shall cancel the registration of a voter
19-17 pursuant to this section if:
19-18 (a) He mails a written notice to the voter which the United
19-19 States Postal Service is required to forward;
19-20 (b) He mails a return postcard with the notice which has a place
19-21 for the voter to write his new address, is addressed to the county
19-22 clerk and has postage guaranteed;
19-23 (c) The voter does not respond; and
19-24 (d) The voter does not appear to vote in an election before the
19-25 polls have closed in the second general election following the date
19-26 of the notice.
19-27 4. For the purposes of this section, the date of the notice is
19-28 deemed to be 3 days after it is mailed.
19-29 5. The county clerk shall maintain records of:
19-30 (a) Any notice mailed pursuant to subsection 3;
19-31 (b) Any response to such notice; and
19-32 (c) Whether a person to whom a notice is mailed appears to vote
19-33 in an election,
19-34 for not less than 2 years after creation.
19-35 6. The county clerk shall use any postcards which are returned
19-36 to correct the [official registration lists.] portions of the statewide
19-37 voter registration list which are relevant to the county clerk.
19-38 7. If a voter fails to return the postcard mailed pursuant to
19-39 subsection 3 within 30 days, the county clerk shall designate the
19-40 voter as inactive on his application to register to vote.
19-41 8. The Secretary of State shall adopt regulations to prescribe
19-42 the method for maintaining a list of voters who have been
19-43 designated as inactive pursuant to subsection 7.
20-1 Sec. 29. NRS 293.5303 is hereby amended to read as follows:
20-2 293.5303 In addition to the methods described in NRS
20-3 293.530, the county clerk in each county may enter into an
20-4 agreement with the United States Postal Service or any person
20-5 authorized by it to obtain the data compiled by the United States
20-6 Postal Service concerning changes of addresses of its postal patrons
20-7 for use by the county clerk to correct the portions of the statewide
20-8 voter registration [lists.] list relevant to the county clerk.
20-9 Sec. 30. NRS 293.5307 is hereby amended to read as follows:
20-10 293.5307 If a county clerk enters into an agreement pursuant to
20-11 NRS 293.5303, he shall review each notice of a change of address
20-12 filed with the United States Postal Service by a resident of the
20-13 county and identify each resident who is a registered voter and has
20-14 moved to a new address. Before removing or correcting information
20-15 in the [official] statewide voter registration list, the county clerk
20-16 shall mail a notice to each such registered voter and follow the
20-17 procedures set forth in NRS 293.530.
20-18 Sec. 31. NRS 293B.063 is hereby amended to read as follows:
20-19 293B.063 [1. Except as otherwise provided in subsection 2,
20-20 no] No mechanical voting system may be used in this state unless it
20-21 meets or exceeds the standards for voting systems established by the
20-22 Federal Election Commission.
20-23 [2. A mechanical voting system that does not comply with the
20-24 standards established by the Federal Election Commission for
20-25 computers or software for computers may be used if it is
20-26 demonstrated to the Secretary of State that the system performs all
20-27 functions required by the commission.]
20-28 Sec. 32. NRS 293B.065 is hereby amended to read as follows:
20-29 293B.065 A mechanical voting system must secure to the voter
20-30 [secrecy] privacy and independence in the act of voting.
20-31 Sec. 33. NRS 293B.084 is hereby amended to read as follows:
20-32 293B.084 A mechanical recording device which directly
20-33 records votes electronically must:
20-34 1. Bear a number which identifies that mechanical recording
20-35 device.
20-36 2. Be equipped with a storage device which:
20-37 (a) Stores the ballots voted on the mechanical recording device;
20-38 (b) Can be removed from the mechanical recording device for
20-39 the purpose of transporting the ballots stored therein to a central
20-40 counting place; and
20-41 (c) Bears the same number as the mechanical recording device.
20-42 3. Be designed in such a manner that voted ballots may be
20-43 stored within the mechanical recording device and the storage
20-44 device required pursuant to subsection 2 at the same time.
20-45 4. Provide a record printed on paper of:
21-1 (a) Each ballot voted on the mechanical recording device; and
21-2 (b) The total number of votes recorded on the mechanical
21-3 recording device for each candidate and for or against each measure.
21-4 5. The paper record described in subsection 4 must be made
21-5 available for a manual audit and must serve as an official record
21-6 for a recount.
21-7 Sec. 34. NRS 293C.265 is hereby amended to read as follows:
21-8 293C.265 1. Except as otherwise provided in subsection 2[,]
21-9 and in sections 9 and 10 of this act, a person who registered to vote
21-10 pursuant to the provisions of NRS 293.5235, shall, for the first city
21-11 election in which he votes at which that registration is valid, vote in
21-12 person unless he has previously voted in the county in which he is
21-13 registered to vote.
21-14 2. The provisions of subsection 1 do not apply to a person who:
21-15 (a) Is entitled to vote in the manner prescribed in NRS 293C.342
21-16 to 293C.352, inclusive;
21-17 (b) Is entitled to vote an absent ballot pursuant to federal law or
21-18 NRS 293C.317 or 293C.318;
21-19 (c) Is disabled;
21-20 (d) Submits or has previously submitted a written request for an
21-21 absent ballot that is signed by the registered voter before a notary
21-22 public or other person authorized to administer an oath; or
21-23 (e) Requests an absent ballot in person at the office of the city
21-24 clerk.
21-25 Sec. 35. NRS 293C.281 is hereby amended to read as follows:
21-26 293C.281 1. Except as otherwise provided in subsection 2, at
21-27 all times during which a polling place is open, the polling place
21-28 must:
21-29 (a) Be accessible to a voter who is elderly or [disabled;] a voter
21-30 with a disability; and
21-31 (b) Have at least one voting booth that is:
21-32 (1) Designed to allow a voter in a wheelchair to vote;
21-33 (2) Designated for use by a voter who is elderly or [disabled;
21-34 and] a voter with a disability;
21-35 (3) Equipped to allow a voter who is elderly or [disabled] a
21-36 voter with a disability to vote with the same privacy as a voter who
21-37 is not elderly or [disabled.] as a voter without a disability; and
21-38 (4) Equipped with a mechanical recording device which
21-39 directly records the votes electronically and which may be used by
21-40 persons with disabilities.
21-41 2. A polling place that does not comply with the provisions of
21-42 subsection 1 may be used if necessary because of a natural disaster,
21-43 including, without limitation, an earthquake, flood, fire or storm.
21-44 3. At each polling place, the city clerk [is encouraged to:]
21-45 shall:
22-1 (a) Post in a conspicuous place, in at least 12-point type,
22-2 instructions for voting;
22-3 (b) Provide ballots in alternative audio and visual formats for
22-4 use by a voter who is elderly or [disabled;] a voter with a disability;
22-5 and
22-6 (c) Provide, in alternative audio and visual formats for use by a
22-7 voter who is elderly or [disabled,] a voter with a disability, all
22-8 materials that are:
22-9 (1) Related to the election; and
22-10 (2) Made available to a voter in printed form at the polling
22-11 place.
22-12 Sec. 36. NRS 293C.310 is hereby amended to read as follows:
22-13 293C.310 1. Except as otherwise provided in NRS 293.502
22-14 and 293C.265, a registered voter who provides sufficient written
22-15 notice to the city clerk may vote an absent ballot as provided in this
22-16 chapter.
22-17 2. A registered voter who:
22-18 (a) Is at least 65 years of age; or
22-19 (b) Has a physical disability or condition that substantially
22-20 impairs his ability to go to the polling place,
22-21 may request an absent ballot for all elections held during the year he
22-22 requests an absent ballot. The registered voter must include in his
22-23 request a description of his physical disability or condition.
22-24 3. As used in this section, “sufficient written notice” means a:
22-25 (a) Written request for an absent ballot that is signed by the
22-26 registered voter and returned to the city clerk in person or by mail or
22-27 facsimile machine;
22-28 (b) Form prescribed by the Secretary of State that is completed
22-29 and signed by the registered voter and returned to the city clerk in
22-30 person or by mail or facsimile machine; or
22-31 (c) Form provided by the Federal Government.
22-32 4. A city clerk shall consider a request from a voter who has
22-33 given sufficient written notice on a form provided by the Federal
22-34 Government as [a] :
22-35 (a) A request for the primary city election and the general city
22-36 election unless otherwise specified in the request[.] ; and
22-37 (b) A request for an absent ballot for the two primary and
22-38 general elections immediately following the date on which the city
22-39 clerk received the request.
22-40 5. It is unlawful for a person fraudulently to request an absent
22-41 ballot in the name of another person or to induce or coerce another
22-42 person fraudulently to request an absent ballot in the name of
22-43 another person. A person who violates any provision of this
22-44 subsection is guilty of a category E felony and shall be punished as
22-45 provided in NRS 193.130.
23-1 Sec. 37. NRS 293C.387 is hereby amended to read as follows:
23-2 293C.387 1. The election returns from a special election,
23-3 primary city election or general city election must be filed with the
23-4 city clerk, who shall immediately place the returns in a safe or vault.
23-5 No person may handle, inspect or in any manner interfere with the
23-6 returns until they are canvassed by the mayor and the governing
23-7 body of the city.
23-8 2. After the governing body of a city receives the returns from
23-9 all the precincts and districts in the city, it shall meet with the mayor
23-10 to canvass the returns. The canvass must be completed on or before
23-11 the [fifth] tenth working day following the election.
23-12 3. In completing the canvass of the returns, the governing body
23-13 of the city and the mayor shall:
23-14 (a) Note separately any clerical errors discovered; and
23-15 (b) Take account of the changes resulting from the discovery[,]
23-16 so that the result declared represents the true vote cast.
23-17 4. After the canvass is completed, the governing body of the
23-18 city and mayor shall declare the result of the canvass.
23-19 5. The city clerk shall enter upon the records of the governing
23-20 body of the city an abstract of the result. The abstract must be
23-21 prepared in the manner prescribed by regulations adopted by the
23-22 Secretary of State and must contain the number of votes cast for
23-23 each candidate.
23-24 6. After the abstract is entered, the:
23-25 (a) City clerk shall seal the election returns, maintain them in a
23-26 vault for at least 22 months and give no person access to them
23-27 during that period, unless access is ordered by a court of competent
23-28 jurisdiction or by the governing body of the city.
23-29 (b) Governing body of the city shall, by an order made and
23-30 entered in the minutes of its proceedings, cause the city clerk to:
23-31 (1) Certify the abstract;
23-32 (2) Make a copy of the certified abstract;
23-33 (3) Make a mechanized report of the abstract in compliance
23-34 with regulations adopted by the Secretary of State; and
23-35 (4) Transmit the copy of the certified abstract and the
23-36 mechanized report of the abstract to the Secretary of State within 6
23-37 working days after the election.
23-38 7. After the abstract of the results from a:
23-39 (a) Primary city election has been certified, the city clerk shall
23-40 certify the name of each person nominated and the name of the
23-41 office for which he is nominated.
23-42 (b) General city election has been certified, the city clerk shall:
23-43 (1) Issue under his hand and official seal to each person
23-44 elected a certificate of election; and
24-1 (2) Deliver the certificate to the persons elected upon their
24-2 application at the office of the city clerk.
24-3 8. The officers elected to the governing body of the city qualify
24-4 and enter upon the discharge of their respective duties on the first
24-5 regular meeting of that body next succeeding that in which the
24-6 canvass of returns was made pursuant to subsection 2.
24-7 Sec. 38. NRS 293C.532 is hereby amended to read as follows:
24-8 293C.532 1. Each person who resides within the boundaries
24-9 of the city at the time of the holding of any city election, and whose
24-10 name appears upon the [official register of voters for] statewide
24-11 voter registration list as a registered voter of the city, is entitled to
24-12 vote at each special election, primary city election and general city
24-13 election, and for all officers to be voted for and on all questions
24-14 submitted to the people at those elections except as otherwise
24-15 provided in chapter 266 of NRS.
24-16 2. The governing body of a city may provide for a
24-17 supplemental registration.
24-18 Sec. 39. NRS 293C.535 is hereby amended to read as follows:
24-19 293C.535 1. Except as otherwise provided by special charter,
24-20 registration of electors in incorporated cities must be accomplished
24-21 in the manner provided in this chapter.
24-22 2. The county clerk shall use the statewide voter registration
24-23 list to prepare for the city clerk of each incorporated city within his
24-24 county the election board register of all electors eligible to vote at a
24-25 regular or special city election.
24-26 3. The official register must be prepared in suitable books, one
24-27 for each ward or other voting district within each incorporated city.
24-28 The entries in the election board register must be arranged
24-29 alphabetically with the surnames first.
24-30 4. The county clerk shall keep duplicate originals or copies of
24-31 the applications to register to vote contained in the official register
24-32 in his office.
24-33 Sec. 40. Section 5.100 of the Charter of Carson City, being
24-34 chapter 213, Statutes of Nevada 1969, as amended by chapter 189,
24-35 Statutes of Nevada 1977, at page 354, is hereby amended to read as
24-36 follows:
24-37 Sec. 5.100 Election returns; canvass; certificates of
24-38 election; entry of officers upon duties.
24-39 1. The election returns from any special, primary or
24-40 general municipal election shall be filed with the clerk, who
24-41 shall immediately place such returns in a safe or vault, and no
24-42 person shall be permitted to handle, inspect or in any manner
24-43 interfere with such returns until canvassed by the board.
24-44 2. The board shall meet within 10 working days after
24-45 any election and canvass the returns and declare the result.
25-1 The election returns shall then be sealed and kept by the clerk
25-2 for 6 months , and no person shall have access thereto except
25-3 on order of a court of competent jurisdiction or by order of
25-4 the board.
25-5 3. The clerk, under his hand and official seal, shall issue
25-6 to each person declared to be elected a certificate of election.
25-7 The officers so elected shall qualify and enter upon the
25-8 discharge of their respective duties on the 1st Monday in
25-9 January next following their election.
25-10 Sec. 41. Section 5.100 of the Charter of the City of Reno,
25-11 being chapter 662, Statutes of Nevada 1971, as last amended by
25-12 chapter 9, Statutes of Nevada 1993, at page 24, is hereby amended
25-13 to read as follows:
25-14 Sec. 5.100 Election returns; canvass; certificates of
25-15 election; entry of officers upon duties; tie vote procedure.
25-16 1. The election returns from any special, primary or
25-17 general election must be filed with the city clerk, who shall
25-18 immediately place those returns in a safe or vault, and no
25-19 person may handle, inspect or in any manner interfere with
25-20 those returns until canvassed by the city council.
25-21 2. The city council and city manager shall meet within
25-22 10 working days after any election and canvass the returns
25-23 and declare the result. The election returns must then be
25-24 sealed and kept by the city clerk for 6 months, and no person
25-25 may have access thereto except on order of a court of
25-26 competent jurisdiction or by order of the city council.
25-27 3. The city clerk, under his hand and official seal, shall
25-28 issue to each person declared to be elected a certificate of
25-29 election. The officers elected shall qualify and enter upon the
25-30 discharge of their respective duties at the first regular city
25-31 council meeting following their election.
25-32 4. If any election results in a tie, the city council shall
25-33 summon the candidates who received the tie vote and
25-34 determine the tie by lot. The clerk shall issue to the winner a
25-35 certificate of election.
25-36 Sec. 42. Section 5.100 of the Charter of the City of Sparks,
25-37 being chapter 470, Statutes of Nevada 1975, as last amended by
25-38 chapter 41, Statutes of Nevada 2001, at page 399, is hereby
25-39 amended to read as follows:
25-40 Sec. 5.100 Election returns: Canvass; certificates of
25-41 election; entry of officers upon duties; tie vote procedure.
25-42 1. The election returns from any election must be filed
25-43 with the city clerk, who shall immediately place the returns in
25-44 a safe or vault. No person may handle, inspect or in any
26-1 manner interfere with the returns until canvassed by the city
26-2 council.
26-3 2. The city council shall meet within 10 working days
26-4 after any election and canvass the returns and declare the
26-5 result. The election returns must then be sealed and kept by
26-6 the city clerk for 22 months, and no person may have access
26-7 to them except on order of a court of competent jurisdiction
26-8 or by order of the city council.
26-9 3. The city clerk, under his hand and official seal, shall
26-10 issue a certificate of election to each person elected. The
26-11 officers elected shall qualify and enter upon the discharge of
26-12 their respective duties at the first regular city council meeting
26-13 following their election.
26-14 4. If any election results in a tie, the city council shall
26-15 summon the candidates who received the tie vote and
26-16 determine the tie by lot. The city clerk shall then issue to the
26-17 winner a certificate of election.
26-18 Sec. 43. The provisions of NRS 354.599 do not apply to any
26-19 additional expenses of a local government that are related to the
26-20 provisions of this act.
26-21 Sec. 44. The provisions of NRS 338.143 do not apply to a
26-22 contract awarded before January 1, 2005, by the Secretary of State
26-23 to establish and maintain the statewide voter registration list created
26-24 pursuant to section 3 of this act.
26-25 Sec. 45. 1. This section and sections 40 to 44, inclusive, of
26-26 this act become effective upon passage and approval.
26-27 2. Section 10 of this act becomes effective on July 1, 2003.
26-28 3. Section 3 of this act becomes effective on passage and
26-29 approval for purpose of awarding contracts to establish and maintain
26-30 a statewide voter registration list pursuant to section 3 of this act,
26-31 and on January 1, 2004, for all other purposes.
26-32 4. Sections 1, 2, 4 to 9, inclusive, and 11 to 39, inclusive, of
26-33 this act become effective on July 1, 2004.
26-34 H