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