Senate Bill No. 453–Committee on Government Affairs
CHAPTER..........
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 held in this state; 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 of the United States or overseas; requiring the county clerk to cancel the registration of a voter under certain circumstances; extending the period for registering to vote; exempting the Secretary of State from the State Purchasing Act for awarding certain contracts concerning the statewide voter registration list and certain contracts concerning voting systems throughout this state; 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 the provisions set forth as sections 2 to 15, inclusive, of this
act.
Sec. 2. “Statewide voter registration list” means the list of
registered voters established and maintained pursuant to section 3
of this act.
Sec. 3. 1. The Secretary of State shall establish and
maintain an official statewide voter registration list, which may be
maintained on the Internet, in consultation with each county and
city clerk.
2. The statewide voter registration list must:
(a) Be a uniform, centralized and interactive computerized list;
(b) Serve as the single method for storing and managing the
official list of registered voters in this state;
(c) Serve as the official list of registered voters for the conduct
of all elections in this state;
(d) Contain the name and registration information of every
legally registered voter in this state;
(e) Include a unique identifier assigned by the Secretary of
State to each legally registered voter in this state;
(f) Be coordinated with the appropriate databases of other
agencies in this state;
(g) Be electronically accessible to each state and local election
official in this state at all times;
(h) Allow for data to be shared with other states under certain
circumstances; and
(i) Be regularly maintained to ensure the integrity of the
registration process and the election process.
3. Each county and city clerk shall:
(a) Electronically enter into the statewide voter registration list
all information related to voter registration obtained by the county
or city clerk at the time the information is provided to the county
or city clerk; and
(b) Provide the Secretary of State with information concerning
the voter registration of the county or city and other reasonable
information requested by the Secretary of State in the form
required by the Secretary of State to establish or maintain the
statewide voter registration list.
4. In establishing and maintaining the statewide voter
registration list, the Secretary of State shall enter into a
cooperative agreement with the Department of Motor Vehicles to
match information in the database of the statewide voter
registration list with information in the appropriate database of
the Department of Motor Vehicles to verify the accuracy of the
information in an application to register to vote.
5. The Department of Motor Vehicles shall enter into an
agreement with the Social Security Administration pursuant to 42
U.S.C. § 15483, to verify the accuracy of information in an
application to register to vote.
Sec. 4. If a county or city uses paper ballots or punch cards
in an election, including, without limitation, for absent ballots
and ballots voted in a mailing precinct, the county or city clerk
shall provide a voter education program specific to the voting
system used by the county or city. The voter education program
must include, without limitation, information concerning the
effect of overvoting and the procedures for correcting a vote on a
ballot before it is cast and counted and for obtaining a
replacement ballot.
Sec. 5. The Secretary of State and each county and city clerk
shall ensure that each voting system used in this state:
1. Secures to each voter privacy and independence in the act
of voting, including, without limitation, confidentiality of the
ballot of the voter;
2. Allows each voter to verify privately and independently the
votes selected by the voter on the ballot before the ballot is cast
and counted;
3. Provides each voter with the opportunity, in a private and
independent manner, to change the ballot and to correct any error
before the ballot is cast and counted, including, without
limitation, the opportunity to correct an error through the
issuance of a replacement ballot if the voter is otherwise unable to
change the ballot or correct the error;
4. Provides a permanent paper record with a manual audit
capacity which must be available as an official record for a
recount; and
5. Meets or exceeds the standards for voting systems
established by the Federal Election Commission, including,
without limitation, the error rate standards.
Sec. 6. 1. Each voting system used by a county or city shall
provide voting materials in English and other languages in
compliance with the provisions of 42 U.S.C. § 1973aa-1a.
2. As used in this section, the term “voting materials” has the
meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
Sec. 7. A person at a polling place may cast a provisional
ballot in an election to vote for a candidate for federal office if the
person complies with the applicable provisions of section 8 of this
act and:
1. Declares that he has registered to vote and is eligible to
vote at that election in that jurisdiction, but his name does not
appear on a voter registration list as a voter eligible to vote in that
election in that jurisdiction or an election official asserts that the
person is not eligible to vote in that election in that jurisdiction;
2. Applies by mail, on or after January 1, 2003, to register to
vote and has not previously voted in an election for federal office
in this state and fails to provide the identification required
pursuant to paragraph (a) of subsection 1 of section 10 of this act
to the election board officer at the polling place; or
3. Declares that he is entitled to vote after the polling place
would normally close as a result of a court order or other order
extending the time established for the closing of polls pursuant to
a law of this state in effect 10 days before the date of the election.
Sec. 8. 1. Before a person may cast a provisional ballot
pursuant to section 7 of this act, the person must complete a
written affirmation on a form provided by an election board
officer, as prescribed by the Secretary of State, at the polling place
which includes:
(a) The name of the person casting the provisional ballot;
(b) The reason for casting the provisional ballot;
(c) A statement in which the person casting the provisional
ballot affirms under penalty of perjury that he is a registered voter
in the jurisdiction and is eligible to vote in the election;
(d) The date and type of election;
(e) The signature of the person casting the provisional ballot;
(f) The signature of the election board officer;
(g) A unique affirmation identification number assigned to the
person casting the provisional ballot;
(h) If the person is casting the provisional ballot pursuant to
subsection 1 of section 7 of this act:
(1) An indication by the person as to whether or not he
provided the required identification at the time he applied to
register to vote;
(2) The address of the person as listed on his application to
register to vote;
(3) Information concerning the place, manner and
approximate date on which the person applied to register to vote;
(4) Any other information that the person believes may be
useful in verifying that the person has registered to vote; and
(5) A statement informing the voter that if the voter does
not provide identification at the time the voter casts the
provisional ballot, the required identification must be provided to
the county or city clerk not later than 5 p.m. on the Friday
following election day and that failure to do so will result in the
provisional ballot not being counted;
(i) If the person is casting the provisional ballot pursuant to
subsection 2 of section 7 of this act:
(1) The address of the person as listed on his application to
register to vote;
(2) The voter registration number, if any, issued to the
person; and
(3) A statement informing the voter that the required
identification must be provided to the county or city clerk not later
than 5 p.m. on the Friday following election day and that failure
to do so will result in the provisional ballot not being counted;
and
(j) If the person is casting the provisional ballot pursuant to
subsection 3 of section 7 of this act, the voter registration number,
if any, issued to the person.
2. After a person completes a written affirmation pursuant to
subsection 1:
(a) The election board officer shall provide the person with a
receipt that includes the unique affirmation identification number
described in subsection 1 and that explains how the person may
use the free access system established pursuant to section 13 of
this act to ascertain whether his vote was counted, and, if his vote
was not counted, the reason why the vote was not counted;
(b) The voter’s name and applicable information must be
entered into the roster in a manner which indicates that the voter
cast a provisional ballot; and
(c) The election board officer shall issue a provisional ballot to
the person to vote only for candidates for federal offices.
Sec. 9. A person may cast a ballot by mail to vote for a
candidate for federal office, which must be treated as a
provisional ballot by the county or city clerk if the person:
1. Applies by mail to register to vote and has not previously
voted in an election for federal office in this state;
2. Fails to provide the identification required pursuant to
paragraph (b) of subsection 1 of section 10 of this act to the
county or city clerk at the time that he mails his ballot; and
3. Completes the written affirmation set forth in subsection 1
of section 8 of this act.
Sec. 10. 1. Except as otherwise provided in subsection 2, in
sections 7 and 9 of this act and in federal law, a person who
registers by mail to vote in this state and who has not previously
voted in an election for federal office in this state:
(a) May vote at a polling place only if the person presents to
the election board officer at the polling place:
(1) A current and valid photo identification of the person;
or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity,
including, without limitation, a check, which indicates the name
and address of the person; and
(b) May vote by mail only if the person provides to the county
or city clerk:
(1) A copy of a current and valid photo identification of the
person; or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity,
including, without limitation, a check, which indicates the name
and address of the person.
2. The provisions of this section do not apply to a person
who:
(a) Registers to vote by mail and submits with his application
to register to vote:
(1) A copy of a current and valid photo identification; or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity,
including, without limitation, a check, which indicates the name
and address of the person;
(b) Registers to vote by mail and submits with his application
to register to vote a driver’s license number or at least the last
four digits of his social security number, if a state or local election
official has matched that information with an existing
identification record bearing the same number, name and date of
birth as provided by the person in his application;
(c) Is entitled to vote an absent ballot pursuant to the
Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
§§ 1973ff et seq.;
(d) Is provided the right to vote otherwise than in person under
the Voting Accessibility for the Elderly and Handicapped Act,
42 U.S.C. §§ 1973ee et seq.; or
(e) Is entitled to vote otherwise than in person under any other
federal law.
Sec. 11. Each county and city clerk shall establish
procedures to:
1. Keep each provisional ballot cast pursuant to section 7 or 9
of this act separate from other ballots until it has been determined
whether or not the voter was registered and eligible to vote in the
election in that jurisdiction;
2. Keep each provisional ballot cast pursuant to subsection 3
of section 7 of this act separate from all other provisional ballots;
and
3. Inform a person whose name does not appear on a voter
registration list as an eligible voter for a polling place or who an
election official asserts is not eligible to vote at the polling place
of the ability of the person to cast a provisional ballot.
Sec. 12. 1. Following each election, a canvass of the
provisional ballots cast in the election must be conducted
pursuant to NRS 293.387 and, if appropriate, pursuant to NRS
293C.387.
2. The county and city clerk shall not:
(a) Include any provisional ballot in the unofficial results
reported on election night; or
(b) Open any envelope containing a provisional ballot before
8 a.m. on the Wednesday following election day.
3. Except as otherwise provided in subsection 4, a provisional
ballot must be counted if:
(a) The county or city clerk determines that the person who
cast the provisional ballot was registered to vote in the election,
eligible to vote in the election and issued the appropriate ballot for
the address at which he resides;
(b) A voter who failed to provide required identification at the
polling place or with his mailed ballot provides the required
identification to the county or city clerk not later than 5 p.m. on
the Friday following election day; or
(c) A court order has not been issued by 5 p.m. on the Friday
following election day directing that provisional ballots cast
pursuant subsection 3 of section 7 of this act not be counted, and
the provisional ballot was cast pursuant to subsection 3 of section
7 of this act.
4. A provisional ballot must not be counted if the county or
city clerk determines that the person who cast the provisional
ballot cast the wrong ballot for the address at which he resides.
Sec. 13. 1. The Secretary of State shall establish a free
access system such as a toll-free telephone number or an Internet
website to inform a person who cast a provisional ballot whether
his vote was counted and, if his vote was not counted, the reason
why the vote was not counted.
2. The free access system must ensure secrecy of the ballot
while protecting the confidentiality and integrity of personal
information contained therein.
3. Access to information concerning a provisional ballot must
be restricted to the person who cast the provisional ballot.
Sec. 14. The Secretary of State and each county and city
clerk shall ensure that a copy of each of the following is posted in
a conspicuous place at each polling place on election day:
1. A sample ballot;
2. Information concerning the date and hours of operation of
the polling place;
3. Instructions for voting and casting a ballot, including a
provisional ballot;
4. Instructions concerning the identification required for
persons who registered by mail and are first-time voters for
federal office in this state;
5. Information concerning the accessibility of polling places
to persons with disabilities; and
6. General information concerning federal and state laws
which prohibit acts of fraud and misrepresentation.
Sec. 15. 1. The Secretary of State shall:
(a) Provide information regarding voter registration and
absentee voting by Armed Forces personnel and overseas voters;
(b) Within 90 days after the date of each general election and
general city election in which electors voted for federal offices,
submit to the Election Assistance Commission established
pursuant to 42 U.S.C. § 15321 a report of the combined number
of absentee ballots transmitted to absent Armed Forces personnel
and overseas voters for the election and the combined number of
such ballots that were returned by such voters and cast in the
election;
(c) Make each report submitted pursuant to paragraph (b)
available to the public; and
(d) Adopt any regulations which are necessary to comply with
the provisions of the Help America Vote Act of 2002, Public Law
107-252, and which are not inconsistent with the provisions of
this chapter to the extent the provisions of this chapter are
consistent with the Help American Vote Act of 2002, Public Law
107-252.
2. Each county and city clerk shall provide such information
as is requested by the Secretary of State to comply with the
provisions of this section.
Sec. 15.5. 1. The county clerk shall cancel the registration
of a voter, if:
(a) After consultation with the district attorney, the district
attorney determines that there is probable cause to believe that
information in the registration concerning the identity or
residence of the voter is fraudulent;
(b) The county clerk provides a notice as required pursuant to
subsection 2 or executes an affidavit of cancellation pursuant to
subsection 3; and
(c) The voter fails to present satisfactory proof of his identity
and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in subsection 3, the county
clerk shall notify the voter by registered or certified mail, return
receipt requested, of a determination made pursuant to subsection
1. The notice must set forth the grounds for cancellation. Unless
the voter, within 15 days after the return receipt has been filed in
the office of the county clerk, presents satisfactory proof of his
identity and residence to the county clerk, the county clerk shall
cancel his registration.
3. If insufficient time exists before a pending election to
provide the notice required by subsection 2, the county clerk shall
execute an affidavit of cancellation and file the affidavit of
cancellation with the registrar of voters’ register and:
(a) In counties where records of registration are not kept by
computer, the county clerk shall attach a copy of the affidavit of
cancellation in the election board register.
(b) In counties where records of registration are kept by
computer, the county clerk shall have the affidavit of cancellation
printed on the computer entry for the registration and add a copy
of it to the election board register.
4. If a voter appears to vote at the election next following the
date that an affidavit of cancellation was executed for the voter
pursuant to this section, the voter must be allowed to vote only if
he furnishes:
(a) Official identification which contains a photograph of
himself, including, without limitation, a driver’s license or other
official document; and
(b) Satisfactory identification that contains proof of the
address at which he actually resides and that address is consistent
with the address listed on the election board register.
5. If a determination is made pursuant to subsection 1
concerning information in the registration to vote of a voter and
an absent ballot or a ballot voted by a voter who resides in a
mailing precinct is received from the voter, the ballot must be kept
separate from other ballots and must not be counted unless the
voter presents satisfactory proof to the county clerk of his identity
and residence before such ballots are counted on election day.
Sec. 16. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this title, unless the context otherwise
requires, the words and terms defined in NRS 293.013 to 293.121,
inclusive, and section 2 of this act have the meanings ascribed to
them in those sections.
Sec. 17. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number
of valid signatures filed is 90 percent or more, but less than the sum
of 100 percent of the number of signatures of registered voters
needed to declare the petition sufficient plus the total number of
requests to remove a name received by the county clerks pursuant
to NRS 295.055 or 306.015, the Secretary of State shall order the
county clerks to examine the signatures for verification. The county
clerks shall examine the signatures for verification until they
determine that 100 percent of the number of signatures of registered
voters needed to declare the petition sufficient are valid. If the
county clerks received a request to remove a name pursuant to NRS
295.055 or 306.015, the county clerks may not determine that 100
percent of the number of signatures of registered voters needed to
declare the petition sufficient are valid until they have removed
each name as requested pursuant to NRS 295.055 or 306.015.
2. If the statistical sampling shows that the number of valid
signatures filed in any county is 90 percent or more but less than
the sum of 100 percent of the number of signatures of registered
voters needed to constitute 10 percent of the number of voters who
voted at the last preceding general election in that county plus the
total number of requests to remove a name received by the county
clerk in that county pursuant to NRS 295.055 or 306.015, the
Secretary of State may order the county clerk in that county to
examine every signature for verification. If the county clerk
received a request to remove a name pursuant to NRS 295.055 or
306.015, the county clerk may not determine that 100 percent or
more of the number of signatures of registered voters needed to
constitute 10 percent of the number of voters who voted at the last
preceding general election in that county are valid until he has
removed each name as requested pursuant to NRS 295.055 or
306.015.
3. Within 12 days, excluding Saturdays, Sundays and holidays,
after receipt of such an order, the county clerk shall determine from
the records of registration what number of registered voters have
signed the petition. If necessary, the board of county commissioners
shall allow the county clerk additional assistants for examining the
signatures and provide for their compensation. In determining from
the records of registration what number of registered voters have
signed the petition, the county clerk [mayuseanyfileor list of
registered voters maintained by his office or facsimiles of voters’
signatures.] must use the statewide voter registration list. The
county clerk may rely on the appearance of the signature and the
address and date included with each signature in determining
the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon
completing the examination, the county clerk shall immediately
attach to the documents of the petition an amended certificate ,
properly dated, showing the result of the examination and shall
immediately forward the documents with the amended certificate to
the Secretary of State. A copy of the amended certificate must be
filed in the county clerk’s office.
5. For any petition containing signatures which are required to
be verified pursuant to the provisions of NRS 293.165, 293.200,
306.035 or 306.110 for any county, district or municipal office
within one county, the county clerk shall not forward to the
Secretary of State the documents containing the signatures of the
registered voters.
6. Except for a petition to recall a county, district or municipal
officer, the petition shall be deemed filed with the Secretary of
State as of the date on which he receives certificates from the
county clerks showing the petition to be signed by the requisite
number of voters of the State.
7. If the amended certificates received from all county clerks
by the Secretary of State establish that the petition is still
insufficient, he shall immediately so notify the petitioners and the
county clerks. If the petition is a petition to recall a county, district
or municipal officer, the Secretary of State shall also notify the
officer with whom the petition is to be filed.
Sec. 18. NRS 293.272 is hereby amended to read as follows:
293.272 1. Except as otherwise provided in subsection 2[,]
and in sections 9 and 10 of this act, a person who registered to
vote pursuant to the provisions of NRS 293.5235 [,] shall, for the
first election in which he votes at which that registration is valid,
vote in person unless he has previously voted in the county in
which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293.343
to 293.355, inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or
NRS 293.316 or 293.3165;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an
absent ballot that is signed by the registered voter before a notary
public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the
county clerk.
Sec. 19. NRS 293.277 is hereby amended to read as follows:
293.277 1. [If] Except as otherwise provided in section 15.5
of this act, if a person’s name appears in the election board register
or if he provides an affirmation pursuant to NRS 293.525, he is
entitled to vote and must sign his name in the election board
register when he applies to vote. His signature must be compared
by an election board officer with the signature or a facsimile thereof
on his original application to register to vote or one of the forms of
identification listed in subsection 2.
2. [The] Except as otherwise provided in section 10 of this
act, the forms of identification which may be used individually to
identify a voter at the polling place are:
(a) The card issued to the voter at the time he registered to vote;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor
Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental
agency which contains the voter’s signature and physical
description or picture.
Sec. 20. NRS 293.2955 is hereby amended to read as follows:
293.2955 1. Except as otherwise provided in subsection 2, at
all times during which a polling place is open, the polling place
must:
(a) Be accessible to a voter who is elderly or [disabled;] a voter
with a disability; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or [disabled;
and] a voter with a disability;
(3) Equipped to allow a voter who is elderly or [disabled] a
voter with a disability to vote with the same privacy as a voter who
is not elderly or [disabled.] as a voter without a disability; and
(4) Equipped with a mechanical recording device which
directly records the votes electronically and which may be used by
a voter with a disability.
2. A polling place that does not comply with the provisions of
subsection 1 may be used if necessary because of a natural disaster,
including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the county clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type,
instructions for voting;
(b) Provide ballots in alternative audio and visual formats for
use by a voter who is elderly or [disabled;] a voter with a disability;
and
(c) Provide, in alternative audio and visual formats for use by a
voter who is elderly or [disabled,] a voter with a disability, all
materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling
place.
Sec. 21. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272
and 293.502, a registered voter who provides sufficient written
notice to the county clerk may vote an absent ballot as provided in
this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition which substantially
impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he
requests an absent ballot. The registered voter must include in his
request a description of his physical disability or condition.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot which is signed by the
registered voter and returned to the county clerk in person or by
mail or facsimile machine;
(b) Form prescribed by the Secretary of State which is
completed and signed by the registered voter and returned to the
county clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has
given sufficient written notice on a form provided by the Federal
Government as a request for [both] an absent ballot for the two
primary and general elections [unless otherwise specified in]
immediately following the date on which the county clerk received
the request.
5. It is unlawful for a person fraudulently to request an absent
ballot in the name of another person or to induce or coerce another
person fraudulently to request an absent ballot in the name of
another person. A person who violates this subsection is guilty of a
category E felony and shall be punished as provided in
NRS 193.130.
Sec. 22. NRS 293.320 is hereby amended to read as follows:
293.320 1. The county clerk shall determine before issuing
an absent ballot that the person making application is a registered
voter in the proper county.
2. Armed Forces personnel who are not registered to vote and
are applying for absent ballots must complete:
(a) The application to register to vote required by NRS 293.517
for registration; or
(b) The form provided by the Federal Government for
registration and request of an absent ballot,
before receiving an absent ballot.
3. If the county clerk rejects an application submitted
pursuant to subsection 2 or submitted by an overseas voter, the
county clerk shall inform the applicant of the reason for the
rejection.
Sec. 23. NRS 293.504 is hereby amended to read as follows:
293.504 1. The following offices shall serve as voter
registration agencies:
(a) Such offices that provide public assistance as are designated
by the Secretary of State;
(b) Each office that receives money from the State of Nevada to
provide services to persons in this state who are disabled;
(c) The offices of the Department of Motor Vehicles;
(d) The offices of the city and county clerks; and
(e) Such other offices as the Secretary of State deems
appropriate.
2. Each voter registration agency shall:
(a) Post in a conspicuous place, in at least 12-point type,
instructions for registering to vote;
(b) Make applications to register to vote which may be returned
by mail available to each person who applies for or receives
services or assistance from the agency;
(c) Provide the same amount of assistance to an applicant in
completing an application to register to vote as the agency provides
to a person completing any other forms for the agency; and
(d) Accept completed applications to register to vote.
3. Except as otherwise provided in this subsection and NRS
293.524, any application to register to vote accepted by a voter
registration agency must be transmitted to the county clerk not later
than 10 days after the application is accepted. [During] The
applications must be forwarded daily during the 2 weeks
immediately preceding the [close of registrationforanelection, the
applications must be forwarded daily.] fifth Sunday preceding an
election. The county clerk shall accept any application to register to
vote which is obtained from a voter registration agency pursuant
to this section and completed by the [last day to register] fifth
Sunday preceding an election if he receives the application not later
than 5 days after [the close of registration.] that date.
4. The Secretary of State shall cooperate with the Secretary of
Defense to develop and carry out procedures to enable persons in
this state to apply to register to vote at recruitment offices of the
United States Armed Forces.
Sec. 24. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in
county seats, are ex officio field registrars to carry out the
provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to
serve as a field registrar of voters who, except as otherwise
provided in NRS 293.5055, shall register voters within the county
for which he is appointed. Except as otherwise provided in
subsection 1, a candidate for any office may not be appointed or
serve as a field registrar. A field registrar serves at the pleasure of
the county clerk and shall perform his duties as the county clerk
may direct.
3. A field registrar shall demand of any person who applies for
registration all information required by the application to register to
vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more
completed applications to register to vote he shall forward them to
the county clerk, but in no case may he hold any number of them
for more than 10 days.
5. [Immediately] Each field registrar shall forward to the
county clerk all completed applications in his possession
immediately after the [close of registration, each field registrar shall
forward to the county clerk all completed applications in his
possession.] fifth Sunday preceding an election. Within 5 days
after the [close of registration for a] fifth Sunday preceding any
general election or general city election, a field registrar shall return
all unused applications in his possession to the county clerk. If all
of the unused applications are not returned to the county clerk, the
field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of
the serial numbers of the completed applications to register to vote
and the names of the electors on those applications. The serial
numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the
county clerk for posting in accordance with the election laws of this
state.
8. A field registrar, employee of a voter registration agency or
person assisting a voter pursuant to subsection [10] 12 of NRS
293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that person’s
political party affiliation.
9. A person shall not hold himself out to be or attempt to
exercise the duties of a field registrar unless he has been so
appointed.
10. A county clerk, field registrar, employee of a voter
registration agency or person assisting a voter pursuant to
subsection [10] 12 of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or
candidate;
(b) Speak to a voter on the subject of marking his ballot for or
against a particular question or candidate; or
(c) Distribute any petition or other material concerning a
candidate or question which will be on the ballot for the ensuing
election,
while he is registering an elector.
11. When the county clerk receives applications to register to
vote from a field registrar , he shall issue a receipt to the field
registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk, field registrar, employee of a voter
registration agency or person assisting a voter pursuant to
subsection [10] 12 of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or
a person who has filed a false or misleading application to register
to vote;
(b) Alter or deface an application to register to vote that has
been signed by an elector except to correct information contained in
the application after receiving notice from the elector that a change
in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of
identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this
section, the county clerk shall immediately suspend the field
registrar and notify the district attorney of the county in which the
violation occurred.
14. A person who violates any of the provisions of subsection
8, 9, 10 or 12 is guilty of a category E felony and shall be punished
as provided in NRS 193.130.
Sec. 25. NRS 293.507 is hereby amended to read as follows:
293.507 1. The Secretary of State shall prescribe:
(a) A standard form for applications to register to vote; and
(b) A special form for registration to be used in a county where
registrations are performed and records of registration are kept by
computer.
2. The county clerks shall provide forms for applications to
register to vote to field registrars in the form and number prescribed
by the Secretary of State.
3. A form for an application to register to vote must include a
duplicate copy or receipt to be retained by the applicant upon
completion of the form.
4. The form for an application to register to vote must include:
(a) A line for use by the county clerk to enter [the number:
(1) Indicated on the voter’s social security card,] :
(1) The number indicated on the voter’s current and valid
driver’s license [or identification card] issued by the Department of
Motor Vehicles, [or any other identification card issued by an
agency of this state or the Federal Government that contains:
(I) An identifying number; and
(II) A photograph or physical description of the voter; or
(2) Issued] if the voter has such a driver’s license;
(2) The last four digits of the voter’s social security
number, if the voter does not have a driver’s license issued by the
Department of Motor Vehicles and does have a social security
number; or
(3) The number issued to the voter pursuant to subsection 5
[.] , if the voter does not have a current and valid driver’s license
issued by the Department of Motor Vehicles or a social security
number.
(b) A line on which to enter the address at which the voter
actually resides, as set forth in NRS 293.486.
(c) A notice that the voter may not list a business as the address
required pursuant to paragraph (b) unless he actually resides there.
(d) A line on which to enter an address at which the voter may
receive mail, including, without limitation, a post office box or
general delivery.
5. If a voter does not[:
(a) Possess any of] have the identification set forth in
subparagraph (1) or (2) of paragraph (a) of subsection 4 , [; or
(b) Wish to provide to the county clerk the number indicated on
that identification,] the voter shall sign an affidavit stating that he
does not have a current and valid driver’s license issued by the
Department of Motor Vehicles or a social security number. Upon
receipt of the affidavit, the county clerk shall issue an identification
number to the voter[.] which must be the same number as the
unique identifier assigned to the voter for purposes of the
statewide voter registration list.
6. The Secretary of State shall adopt regulations to carry out
the provisions of subsections 4 and 5.
Sec. 26. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may
register:
(a) [By] Except as otherwise provided in NRS 293.560 and
293C.527, by appearing before the county clerk, a field registrar or
a voter registration agency, completing the application to register to
vote , [and] giving true and satisfactory answers to all questions
relevant to his identity and right to vote[;] , and providing proof of
his residence and identity;
(b) By completing and mailing or personally delivering to the
county clerk an application to register to vote pursuant to the
provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.501 or 293.524; or
(d) At his residence with the assistance of a field registrar
pursuant to NRS 293.5237.
The county clerk shall require a person to submit official
identification as proof of residence and identity, such as a driver’s
license or other official document, before registering him. If the
applicant registers to vote pursuant to this subsection and fails to
provide proof of his residence and identity, the applicant must
provide proof of his residence and identity before casting a ballot
in person or by mail or after casting a provisional ballot pursuant
to section 7 or 9 of this act.
2. The application to register to vote must be signed and
verified under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered
under his own given or first name, and not under the given or first
name or initials of his spouse.
4. An elector who is registered and changes his name must
complete a new application to register to vote. He may obtain a new
application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to register to vote pursuant to
the provisions of NRS 293.5235;
(c) By submitting a written statement to the county clerk
requesting the county clerk to mail an application to register to
vote; or
(d) At any voter registration agency.
If the elector fails to register under his new name, he may be
challenged pursuant to the provisions of NRS 293.303 or 293C.292
and may be required to furnish proof of identity and subsequent
change of name.
5. An elector who registers to vote pursuant to paragraph (a) of
subsection 1 shall be deemed to be registered upon the completion
of his application to register to vote.
6. After the county clerk determines that the application to
register to vote of a person is complete and that the person is eligible
to vote, he shall issue a voter registration card to the voter which
contains:
(a) The name, address, political affiliation and precinct number
of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
Sec. 27. NRS 293.5235 is hereby amended to read as follows:
293.5235 1. Except as otherwise provided in NRS 293.502, a
person may register to vote by mailing an application to register to
vote to the county clerk of the county in which he resides. The
county clerk shall, upon request, mail an application to register to
vote to an applicant. The county clerk shall make the applications
available at various public places in the county. An application to
register to vote may be used to correct information in the registrar
of voters’ register.
2. An application to register to vote which is mailed to an
applicant by the county clerk or made available to the public at
various locations or voter registration agencies in the county may
be returned to the county clerk by mail or in person. For the
purposes of this section, an application which is personally
delivered to the county clerk shall be deemed to have been returned
by mail.
3. The applicant must complete the application, including,
without limitation, checking the boxes described in paragraphs
(b) and (c) of subsection 9 and [sign] signing the application.
4. The county clerk shall, upon receipt of an application,
determine whether the application is complete.
5. If he determines that the application is complete, he shall,
within 10 days after he receives the application, mail to the
applicant:
(a) A notice informing him that he is registered to vote and a
voter registration card as required by subsection 6 of NRS 293.517;
or
(b) A notice informing him that the registrar of voters’ register
has been corrected to reflect any changes indicated on the
application.
The applicant shall be deemed to be registered or to have corrected
the information in the register as of the date the application is
postmarked or personally delivered.
6. If the county clerk determines that the application is not
complete, he shall, as soon as possible, mail a notice to the
applicant informing him that additional information is required to
complete the application. If the applicant provides the information
requested by the county clerk within 15 days after the county clerk
mails the
notice, the county clerk shall, within 10 days after he receives the
information, mail to the applicant:
(a) A notice informing him that he is registered to vote and a
voter registration card as required by subsection 6 of NRS 293.517;
or
(b) A notice informing him that the registrar of voters’ register
has been corrected to reflect any changes indicated on the
application.
The applicant shall be deemed to be registered or to have corrected
the information in the register as of the date the application is
postmarked or personally delivered. If the applicant does not
provide the additional information within the prescribed period, the
application is void.
7. If the applicant fails to check the box described in
paragraph (b) of subsection 9, the application shall not be
considered invalid and the county clerk shall provide a means for
the applicant to correct the omission at the time the applicant
appears to vote in person at his assigned polling place.
8. The Secretary of State shall prescribe the form for an
application to register to vote by mail which must be used to
register to vote by mail in this state.
9. The application to register to vote by mail must include [a] :
(a) A notice in at least 10-point type which states:
NOTICE: You are urged to return your application to
register to vote to the County Clerk in person or by mail. If
you choose to give your completed application to another
person to return to the County Clerk on your behalf, and the
person fails to deliver the application to the County Clerk,
you will not be registered to vote. Please retain the duplicate
copy or receipt from your application to register to vote.
[8.] (b) The question, “Are you a citizen of the United States?”
and boxes for the applicant to check to indicate whether or not
the applicant is a citizen of the United States.
(c) The question, “Will you be at least 18 years of age on or
before election day?” and boxes for the applicant to check to
indicate whether or not the applicant will be at least 18 years of
age or older on election day.
(d) A statement instructing the applicant not to complete the
application if the applicant checked “no” in response to the
question set forth in paragraph (b) or (c).
(e) A statement informing the applicant that if the application
is submitted by mail and the applicant is registering to vote for the
first time, the applicant must submit the information set forth in
paragraph (a) of subsection 2 of section 10 of this act to avoid the
requirements of subsection 1 of section 10 of this act upon voting
for the first time.
10. The county clerk shall not register a person to vote
pursuant to this section unless that person has provided all of the
information required by the application.
[9.] 11. The county clerk shall mail, by postcard, the notices
required pursuant to subsections 5 and 6. If the postcard is returned
to the county clerk by the United States Postal Service because the
address is fictitious or the person does not live at that address, the
county clerk shall attempt to determine whether the person’s
current residence is other than that indicated on his application to
register to vote in the manner set forth in NRS 293.530.
[10.] 12. A person who, by mail, registers to vote pursuant to
this section may be assisted in completing the application to register
to vote by any other person. The application must include the
mailing address and signature of the person who assisted the
applicant. The failure to provide the information required by this
subsection will not result in the application being deemed
incomplete.
[11.] 13. An application to register to vote must be made
available to all persons, regardless of political party affiliation.
[12.] 14. An application must not be altered or otherwise
defaced after the applicant has completed and signed it. An
application must be mailed or delivered in person to the office of
the county clerk within 10 days after it is completed.
[13.] 15. A person who willfully violates any of the provisions
of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E
felony and shall be punished as provided in NRS 193.130.
[14.] 16. The Secretary of State shall adopt regulations to carry
out the provisions of this section.
Sec. 28. NRS 293.5237 is hereby amended to read as follows:
293.5237 Any time before the [close of registration] fifth
Sunday preceding an election, a person who because of illness,
disability or for other good cause shown requires assistance to
complete an application to register to vote may request the county
clerk in writing or by telephone to register him at his residence.
Upon request, the county clerk shall direct the appropriate field
registrar to go to the home of such a person to register him to vote.
Sec. 29. NRS 293.524 is hereby amended to read as follows:
293.524 1. The Department of Motor Vehicles shall provide
an application to register to vote to each person who applies for the
issuance or renewal of any type of driver’s license or for an
identification card.
2. The county clerk shall use the applications to register to vote
which are signed and completed pursuant to subsection 1 to register
applicants to vote or to correct information in the registrar of
voters’
register. An application that is not signed must not be used to
register or correct the registration of the applicant.
3. For the purposes of this section, each employee specifically
authorized to do so by the Director of the Department may oversee
the completion of an application. The authorized employee shall
check the application for completeness and verify the information
required by the application. Each application must include a
duplicate copy or receipt to be retained by the applicant upon
completion of the form. The Department shall, except as otherwise
provided in this subsection, forward each application on a weekly
basis to the county clerk or, if applicable, to the registrar of voters
of the county in which the applicant resides. [During] The
applications must be forwarded daily during the 2 weeks
immediately preceding the [close of registrationfor an election, the
applications must be forwarded daily.] fifth Sunday preceding an
election.
4. The county clerk shall accept any application to register to
vote which is obtained from the Department of Motor Vehicles
pursuant to this section and completed by the [last day to register]
fifth Sunday preceding an election if he receives the application
not later than 5 days after [theclose of registration.] that date.
Upon receipt of an application, the county clerk or field registrar of
voters shall determine whether the application is complete. If he
determines that the application is complete, he shall notify the
applicant and the applicant shall be deemed to be registered as of
the date of the submission of the application. If he determines that
the application is not complete, he shall notify the applicant of the
additional information required. The applicant shall be deemed to
be registered as of the date of the initial submission of the
application if the additional information is provided within 15 days
after the notice for the additional information is mailed. If the
applicant has not provided the additional information within 15
days after the notice for the additional information is mailed, the
incomplete application is void. Any notification required by this
subsection must be given by mail at the mailing address on the
application not more than 7 working days after the determination is
made concerning whether the application is complete.
5. The county clerk shall use any form submitted to the
Department to correct information on a driver’s license or
identification card to correct information in the registrar of voters’
register, unless the person indicates on the form that the correction
is not to be used for the purposes of voter registration. The
Department shall forward each such form to the county clerk or, if
applicable, to the registrar of voters of the county in which the
person resides in the same manner provided by subsection 3 for
applications to register to vote.
6. Upon receipt of a form to correct information, the county
clerk shall compare the information to that contained in the registrar
of voters’ register. If the person is a registered voter, the county
clerk shall correct the information to reflect any changes indicated
on the form. After making any changes, the county clerk shall
notify the person by mail that his records have been corrected.
7. The Secretary of State shall, with the approval of the
Director, adopt regulations to:
(a) Establish any procedure necessary to provide an elector who
applies to register to vote pursuant to this section the opportunity to
do so;
(b) Prescribe the contents of any forms or applications which the
Department is required to distribute pursuant to this section; and
(c) Provide for the transfer of the completed applications of
registration from the Department to the appropriate county clerk for
inclusion in the election board registers and registrar of voters’
register.
Sec. 30. NRS 293.530 is hereby amended to read as follows:
293.530 Except as otherwise provided in section 15.5 of this
act:
1. County clerks may use any reliable and reasonable means
available to correct the [official registration lists] portions of the
statewide voter registration list which are relevant to the county
clerks and to determine whether a registered voter’s current
residence is other than that indicated on his application to register
to vote.
2. A county clerk may, with the consent of the board of county
commissioners, make investigations of registration in the county by
census, by house-to-house canvass or by any other method.
3. A county clerk shall cancel the registration of a voter
pursuant to this section if:
(a) He mails a written notice to the voter which the United
States Postal Service is required to forward;
(b) He mails a return postcard with the notice which has a place
for the voter to write his new address, is addressed to the county
clerk and has postage guaranteed;
(c) The voter does not respond; and
(d) The voter does not appear to vote in an election before the
polls have closed in the second general election following the date
of the notice.
4. For the purposes of this section, the date of the notice is
deemed to be 3 days after it is mailed.
5. The county clerk shall maintain records of:
(a) Any notice mailed pursuant to subsection 3;
(b) Any response to such notice; and
(c) Whether a person to whom a notice is mailed appears to vote
in an election,
for not less than 2 years after creation.
6. The county clerk shall use any postcards which are returned
to correct the [official registration lists.] portions of the statewide
voter registration list which are relevant to the county clerk.
7. If a voter fails to return the postcard mailed pursuant to
subsection 3 within 30 days, the county clerk shall designate the
voter as inactive on his application to register to vote.
8. The Secretary of State shall adopt regulations to prescribe
the method for maintaining a list of voters who have been
designated as inactive pursuant to subsection 7.
Sec. 31. NRS 293.5303 is hereby amended to read as follows:
293.5303 In addition to the methods described in NRS
293.530, the county clerk in each county may enter into an
agreement with the United States Postal Service or any person
authorized by it to obtain the data compiled by the United States
Postal Service concerning changes of addresses of its postal patrons
for use by the county clerk to correct the portions of the statewide
voter registration [lists.] list relevant to the county clerk.
Sec. 32. NRS 293.5307 is hereby amended to read as follows:
293.5307 If a county clerk enters into an agreement pursuant to
NRS 293.5303, he shall review each notice of a change of address
filed with the United States Postal Service by a resident of the
county and identify each resident who is a registered voter and has
moved to a new address. Before removing or correcting information
in the [official] statewide voter registration list, the county clerk
shall mail a notice to each such registered voter and follow the
procedures set forth in NRS 293.530.
Sec. 32.5. NRS 293.540 is hereby amended to read as follows:
293.540 The county clerk shall cancel the registration:
1. If he has personal knowledge of the death of the person
registered, or if an authenticated certificate of the death of any
elector is filed in his office.
2. If the insanity or mental incompetence of the person
registered is legally established.
3. Upon the determination that the person registered has been
convicted of a felony.
4. Upon the production of a certified copy of the judgment of
any court directing the cancellation to be made.
5. Upon the request of any registered voter to affiliate with any
political party or to change his affiliation, if that change is made
before the end of the last day to register to vote in the election.
6. At the request of the person registered.
7. If he has discovered an incorrect registration pursuant to the
provisions of NRS 293.5235, 293.530, or 293.535 and the elector
has failed to respond or appear to vote within the required time.
8. As required by section 15.5 of this act.
9. Upon verification that the application to register to vote is a
duplicate if he has the original or another duplicate of the
application on file in his office.
Sec. 33. NRS 293.560 is hereby amended to read as follows:
293.560 1. Except as otherwise provided in NRS 293.502,
registration must close at 9 p.m. on the [fifth Saturday] third
Tuesday preceding any primary or general election and at 9 p.m. on
the third Saturday preceding any recall or special election, except
that if a recall or special election is held on the same day as a
primary or general election, registration must close at 9 p.m. on the
[fifth Saturday] third Tuesday preceding the day of the elections.
2. The [offices] office of the county clerk [and other ex officio
registrars] must be open from 9 a.m. to 5 p.m. and [the office of the
county clerk must also be open] from 7 p.m. to 9 p.m., including
Saturdays, during the last days before the close of registration,
according to the following schedule:
(a) In a county whose population is less than 100,000, [those
offices] the office of the county clerk must be open during the last
[3 days] day before registration closes.
(b) In all other counties, [thoseoffices] the office of the county
clerk must be open during thelast 5 days before registration closes.
3. Except for a special election held pursuant to chapter 306 or
350 of NRS:
(a) The county clerk of each county shall cause a notice signed
by him to be published in a newspaper having a general circulation
in the county indicating the day that registration will be closed. If
no such newspaper is published in the county, the publication may
be made in a newspaper of general circulation published in the
nearest county in this state.
(b) The notice must be published once each week for 4
consecutive weeks next preceding the close of registration for any
election.
4. The offices of the county clerk and other ex officio registrars
may remain open on the last Friday in October in each even
-numbered year.
5. For the period beginning the fifth Sunday preceding any
primary or general election and ending the third Tuesday
preceding any primary or general election, an elector may register
to vote only by appearing in person at the office of the county
clerk.
Sec. 34. NRS 293B.063 is hereby amended to read as follows:
293B.063 [1. Except as otherwise provided in subsection 2,
no] No mechanical voting system may be used in this state unless it
meets or exceeds the standards for voting systems established by
the Federal Election Commission.
[2. A mechanical voting system that does not comply with the
standards established by the Federal Election Commission for
computers or software for computers may be used if it is
demonstrated to the Secretary of State that the system performs all
functions required by the Commission.]
Sec. 35. NRS 293B.065 is hereby amended to read as follows:
293B.065 A mechanical voting system must secure to the voter
[secrecy] privacy and independence in the act of voting.
Sec. 36. NRS 293B.084 is hereby amended to read as follows:
293B.084 1. A mechanical recording device which directly
records votes electronically must:
[1.] (a) Bear a number which identifies that mechanical
recording device.
[2.] (b) Be equipped with a storage device which:
[(a)] (1) Stores the ballots voted on the mechanical recording
device;
[(b)] (2) Can be removed from the mechanical recording device
for the purpose of transporting the ballots stored therein to a central
counting place; and
[(c)] (3) Bears the same number as the mechanical recording
device.
[3.] (c) Be designed in such a manner that voted ballots may be
stored within the mechanical recording device and the storage
device required pursuant to subsection 2 at the same time.
[4.] (d) Provide a record printed on paper of:
[(a)] (1) Each ballot voted on the mechanical recording device;
and
[(b)] (2) The total number of votes recorded on the mechanical
recording device for each candidate and for or against each
measure.
2. The paper record described in paragraph (d) of subsection
1 must be made available for a manual audit and must serve as an
official record for a recount.
Sec. 37. NRS 293C.265 is hereby amended to read as follows:
293C.265 1. Except as otherwise provided in subsection 2[,]
and in sections 9 and 10 of this act, a person who registered to
vote pursuant to the provisions of NRS 293.5235 [,] shall, for the
first city election in which he votes at which that registration is
valid, vote in person unless he has previously voted in the county in
which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293C.342
to 293C.352, inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or
NRS 293C.317 or 293C.318;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an
absent ballot that is signed by the registered voter before a notary
public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the city
clerk.
Sec. 38. NRS 293C.281 is hereby amended to read as follows:
293C.281 1. Except as otherwise provided in subsection 2, at
all times during which a polling place is open, the polling place
must:
(a) Be accessible to a voter who is elderly or [disabled;] a voter
with a disability; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or [disabled;
and] a voter with a disability;
(3) Equipped to allow a voter who is elderly or [disabled] a
voter with a disability to vote with the same privacy as a voter who
is not elderly or [disabled.] as a voter without a disability; and
(4) Equipped with a mechanical recording device which
directly records the votes electronically and which may be used by
persons with disabilities.
2. A polling place that does not comply with the provisions of
subsection 1 may be used if necessary because of a natural disaster,
including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the city clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type,
instructions for voting;
(b) Provide ballots in alternative audio and visual formats for
use by a voter who is elderly or [disabled;] a voter with a disability;
and
(c) Provide, in alternative audio and visual formats for use by a
voter who is elderly or [disabled,] a voter with a disability, all
materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling
place.
Sec. 39. NRS 293C.310 is hereby amended to read as follows:
293C.310 1. Except as otherwise provided in NRS 293.502
and 293C.265, a registered voter who provides sufficient written
notice to the city clerk may vote an absent ballot as provided in this
chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition that substantially
impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he
requests an absent ballot. The registered voter must include in his
request a description of his physical disability or condition.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot that is signed by the
registered voter and returned to the city clerk in person or by mail
or facsimile machine;
(b) Form prescribed by the Secretary of State that is completed
and signed by the registered voter and returned to the city clerk in
person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A city clerk shall consider a request from a voter who has
given sufficient written notice on a form provided by the Federal
Government as [a] :
(a) A request for the primary city election and the general city
election unless otherwise specified in the request[.] ; and
(b) A request for an absent ballot for the two primary and
general elections immediately following the date on which the city
clerk received the request.
5. It is unlawful for a person fraudulently to request an absent
ballot in the name of another person or to induce or coerce another
person fraudulently to request an absent ballot in the name of
another person. A person who violates any provision of this
subsection is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
Sec. 40. NRS 293C.527 is hereby amended to read as follows:
293C.527 1. Except as otherwise provided in NRS 293.502,
registration must close at 9 p.m. on the [fifth Saturday] third
Tuesday preceding any primary city election or general city
election and at 9 p.m. on the third Saturday preceding any recall or
special election, except that if a recall or special election is held on
the same day as a primary city election or general city election,
registration must close at 9 p.m. on the [fifth Saturday] third
Tuesday preceding the day of the elections.
2. The [offices] office of the city [and county clerk and other
ex officio registrars] clerk must be open from 9 a.m. to 5 p.m. and
[the offices of the city and county clerk must also be open] from 7
p.m. to 9 p.m., including Saturdays, during the last days before the
close of registration before a primary city election or general city
election, according to the following schedule:
(a) In a city whose population is less than 25,000, [thoseoffices]
the office of the city clerk must be open during the last 3 days
before registration closes.
(b) In a city whose population is 25,000 or more, [those offices]
the office of the city clerk must be open during the last 5 days
before registration closes.
3. Except for a special election held pursuant to chapter 306 or
350 of NRS:
(a) The city clerk of each city shall cause a notice signed by him
to be published in a newspaper having a general circulation in the
city indicating the day that registration will be closed. If no
newspaper is of general circulation in that city, the publication may
be made in a newspaper of general circulation in the nearest city in
this state.
(b) The notice must be published once each week for 4
consecutive weeks next preceding the close of registration for any
election.
4. For the period beginning the fifth Sunday preceding any
primary city election or general city election and ending the third
Tuesday preceding any primary city election or general city
election, an elector may register to vote only by appearing in
person at the office of the city clerk.
Sec. 41. NRS 293C.532 is hereby amended to read as follows:
293C.532 1. Each person who resides within the boundaries
of the city at the time of the holding of any city election, and whose
name appears upon the [official register of voters for] statewide
voter registration list as a registered voter of the city, is entitled to
vote at each special election, primary city election and general city
election, and for all officers to be voted for and on all questions
submitted to the people at those elections except as otherwise
provided in chapter 266 of NRS.
2. The governing body of a city may provide for a
supplemental registration.
Sec. 42. NRS 293C.535 is hereby amended to read as follows:
293C.535 1. Except as otherwise provided by special charter,
registration of electors in incorporated cities must be accomplished
in the manner provided in this chapter.
2. The county clerk shall use the statewide voter registration
list to prepare for the city clerk of each incorporated city within his
county the election board register of all electors eligible to vote at a
regular or special city election.
3. The official register must be prepared in suitable books, one
for each ward or other voting district within each incorporated city.
The entries in the election board register must be arranged
alphabetically with the surnames first.
4. The county clerk shall keep duplicate originals or copies of
the applications to register to vote contained in the official register
in his office.
Sec. 43. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 44. The provisions of chapter 333 of NRS do not apply to
a contract awarded before January 1, 2005, by the Secretary of
State:
1. To establish and maintain the statewide voter registration list
created pursuant to section 3 of this act; or
2. To upgrade or replace voting systems throughout this state.
Sec. 45. 1. This section and sections 43 and 44 of this act
become effective upon passage and approval.
2. Section 3 of this act becomes effective on passage and
approval for purposes of awarding contracts to establish and
maintain a statewide voter registration list pursuant to section 3 of
this act, and:
(a) If the State of Nevada obtains a waiver in the manner set
forth in 42 U.S.C. § 15483(d)(1)(B), on January 1, 2006, for all
other purposes; or
(b) If the State of Nevada does not obtain such a waiver, on
January 1, 2004, for all other purposes.
3. Sections 10, 15.5 and 32.5 of this act become effective
July 1, 2003.
4. Sections 1, 2, 4 to 9, inclusive, 11 to 19, inclusive, 21 to 37,
inclusive, and 39 to 42, inclusive, of this act become effective on
January 1, 2004.
5. Sections 20 and 38 of this act become effective on
January 1, 2006.
20~~~~~03