Senate Bill No. 262–Senators Neal, Titus, Care, Carlton, Coffin, Mathews, Schneider and Wiener

 

CHAPTER..........

 

AN ACT relating to elections; requiring the Secretary of State, a board of county commissioners, a county clerk and any other person who prepares certain abstracts of votes to post such an abstract on a website on the Internet or transmit such an abstract to each public library within the jurisdiction of that person or entity; requiring a city clerk who certifies an abstract of votes to post such an abstract on a website on the Internet or transmit such an abstract to each public library in the city; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 293 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    The Secretary of State, a board of county commissioners, a

 county clerk and any other person who prepares an abstract of

 votes pursuant to this chapter shall:

    1.  Transmit on paper or by electronic means to each public

 library in the jurisdiction of that person or entity; or

    2.  Post on a website maintained by that person or entity on

 the Internet or its successor, if any,

a copy of each abstract that the person or entity prepares within 30

 days after the abstract is prepared.

    Sec. 2.  NRS 293C.387 is hereby amended to read as follows:

    293C.387  1.  The election returns from a special election,

 primary city election or general city election must be filed with the

 city clerk, who shall immediately place the returns in a safe or

 vault. No person may handle, inspect or in any manner interfere

 with the returns until they are canvassed by the mayor and the

 governing body of the city.

    2.  After the governing body of a city receives the returns from

 all the precincts and districts in the city, it shall meet with the

 mayor to canvass the returns. The canvass must be completed on or

 before the fifth working day following the election.

    3.  In completing the canvass of the returns, the governing body

 of the city and the mayor shall:

    (a) Note separately any clerical errors discovered; and

    (b) Take account of the changes resulting from the discovery, so

 that the result declared represents the true vote cast.

    4.  After the canvass is completed, the governing body of the

 city and mayor shall declare the result of the canvass.

    5.  The city clerk shall enter upon the records of the governing

body of the city an abstract of the result. The abstract must be

 prepared in the manner prescribed by regulations adopted by the

 Secretary of State and must contain the number of votes cast for

 each candidate.

    6.  After the abstract is entered, the:

    (a) City clerk shall seal the election returns, maintain them in a

 vault for at least 22 months and give no person access to them

 during that period, unless access is ordered by a court of competent

 jurisdiction or by the governing body of the city.

    (b) Governing body of the city shall, by an order made and

 entered in the minutes of its proceedings, cause the city clerk to:

        (1) Certify the abstract;

        (2) Make a copy of the certified abstract;

        (3) Make a mechanized report of the abstract in compliance

 with regulations adopted by the Secretary of State; [and]

        (4) Transmit [the] a copy of the certified abstract and the

 mechanized report of the abstract to the Secretary of State within 6

 working days after the election[.] ; and

        (5) Transmit on paper or by electronic means to each

 public library in the city, or post on a website maintained by the

 city or the city clerk on the Internet or its successor, if any, a copy

 of the certified abstract within 30 days after the election.

    7.  After the abstract of the results from a:

    (a) Primary city election has been certified, the city clerk shall

 certify the name of each person nominated and the name of the

 office for which he is nominated.

    (b) General city election has been certified, the city clerk shall:

        (1) Issue under his hand and official seal to each person

 elected a certificate of election; and

        (2) Deliver the certificate to the persons elected upon their

 application at the office of the city clerk.

    8.  The officers elected to the governing body of the city qualify

 and enter upon the discharge of their respective duties on the first

 regular meeting of that body next succeeding that in which the

 canvass of returns was made pursuant to subsection 2.

 

²⁰~~~~~⁰³