On July 24, 2014 I posted my proposed draft of the Nevada Election Modernization and Reform Act (NEMRA). Last week I wrote about a proposed revision to NEMRA. Here is my proposed draft should the revised version be determined to be the best way to proceed.
Nevada Election Modernization and Reform Act
To change Title 24, chapter 293 of the Nevada Revised Statutes. Deletions are shown by strikethrough. Additions are shown as bold italics.
MAJOR POLITICAL PARTIES
1. To qualify as a major political party, any organization must, under a common name:
(a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this State; or
(b) File a petition with the Secretary of State not later than the last Friday in February before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by the circulator thereof to the effect that the signers are registered voters of this State according to the circulator’s best information and belief and that the signatures are genuine and were signed in the circulator’s presence. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in February preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as registered agent in this State.
4. A political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
(Added to NRS by 1971, 433; A 1975, 936; 1979, 262; 1985, 1092; 1987, 1363; 1989, 221, 1727, 2158; 1995, 2258, 2623; 1997, 652; 1999, 3546; 2003, 1701; 2007, 2717; 2009, 1259)
5. Any political party designated as a major political party will not be given preference for the placement of its candidates on the ballot for any primary or general election for any state elective office, for Representative in the United States House of Representatives, or for United States Senator.
NRS 293.165 Procedure for filling vacancy in major or minor political party nomination or nonpartisan nomination.
1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination for either a partisan or non-partisan office after the close of filing and on or before 5 p.m. of the second Tuesday in April must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in March and not later than the fourth Tuesday in April. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only at a general election, and the candidate’s name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in April and on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held must be filled by the person who receives the next highest vote for the nomination in the primary.
4. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in June of the year in which the general election is held. If a nominee dies after that time and date, the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432; 2009, 1259; 2011, 3275)
NRS 293.166 Procedure for filling vacancy in party nomination for office of State Legislator from multicounty legislative district.
1. A vacancy occurring in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, with the chair of the board of county commissioners of the county whose population residing within the district is the greatest presiding. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairs on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected. If the person creating the vacancy was registered to vote with a preference of non-partisan, the person selected by the county commissioners must also be registered to vote with a preference of non-partisan.
2. No change may be made on the ballot after the fourth Friday in June of the year in which the general election is held. If a nominee dies after that date, the nominee’s name must remain on the ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be filed with the Secretary of State on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held, and the statutory filing fee must be paid with the designation.
(Added to NRS by 1967, 1087; A 1971, 437; 1981, 1699; 1989, 2159; 1999, 2150; 2005, 1433; 2011, 3276)
NRS 293.167 Nomination of party candidates for United States Senator or Representative in Congress. Party Candidates for United States Senator and Representative in Congress shall be nominated in the same manner as state officers are nominated, except that the provisions of NRS 293.3677(b) do not apply.
(Added to NRS by 1960, 242)
MINOR POLITICAL PARTIES
1. To be organized as a minor political party, an organization must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its candidates for partisan office with the Secretary of State.
2. A copy of the constitution or bylaws of the party must be affixed to the certificate.
3. A minor political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
4. The constitution or bylaws of a minor political party must provide a procedure for the nomination of its candidates for the general election in such a manner that only one candidate may be nominated for each office.
5. A minor political party whose candidates for partisan office do not appear on the ballot for the general election must file a notice of continued existence with the Secretary of State not later than the second Friday in August preceding the general election.
6. A minor political party which fails to file a notice of continued existence as required by subsection 5 ceases to exist as a minor political party in this State.
7. Any political party designated as a minor political party will not be given preference for placement of its candidates on the ballot for any general election for any state elective office, for Representative in the United States House of Representatives, or for United States Senator.
NRS 293.1715 Procedure to place candidates’ names on ballot; limitation on number of candidates to appear on ballot.
1. The names of the candidates for partisan office of a minor political party or whose application to register to vote is designated non-partisan must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor political party or whose application to register to vote is designated non-partisan must be placed on the ballot for the general election if the minor political party is qualified or has met the signature requirements of NRS 293.200. To qualify as a minor political party, the minor political party must have filed a certificate of existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and;
(a) At the last preceding general election, the minor political party must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in CongressGovernor or;
(b) On January 1 preceding a primary election, the minor political party must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or
(c) Not later than the third Friday in May preceding the general election, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress. office of Governor.
3. The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
4. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.
(Added to NRS by 1987, 1360; A 1989, 2160; 1993, 2174; 1995, 2259; 1999, 1389, 3548; 2003, 1641; 2009, 1260; 2011, 3277)
NRS 293.1725 Candidates: Submission of list to Secretary of State; filing of declaration of candidacy and certificate of nomination.
1. Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:
Ê must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in March preceding the election nor later than 5 p.m. on the second Friday after the first Monday in March. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in March.
2. The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his or her declaration of candidacy.
3. Each candidate on the list must file his or her declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of the minor political party is filed with the Secretary of State nor later than 5 p.m. on the second Friday after the first Monday in March.
4. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
(Added to NRS by 1987, 1360; A 1989, 2161; 1993, 2175; 1997, 316; 1999, 1391, 3550; 2003, 1642; 2009, 1261; 2011, 3278)
NOMINATIONS
NRS 293.175 Date of primary election; nomination of candidates; applicability of provisions governing nominations.
1. The primary election must be held on the second Tuesday in June of each even-numbered year.
2. Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated selected by the voters at the primary election.
3. Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
(Added to NRS by 1960, 243; A 1963, 1387; 1983, 1116; 1985, 268; 1987, 1366; 1989, 226; 1999, 1392, 3550; 2001, 672; 2005, 1434; 2009, 1262)
NRS 293.180 Certificates of candidacy: Requirements; filing; acceptance of candidacy.
1. Ten or more registered voters may file a certificate of candidacy designating any registered voter as a candidate for:
(a) Their major political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office other than a judicial office, not earlier than the first Monday in February of the year in which the election is to be held nor later than 5 p.m. on the first Friday in March; or
(b) Nomination for a judicial office, not earlier than the first Monday in December of the year immediately preceding the year in which the election is to be held nor later than 5 p.m. on the first Friday in January of the year in which the election is to be held.
2. When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he or she is a candidate in the primary election in like manner as if he or she had filed a declaration of candidacy.
3. If a certificate of candidacy relates to a partisan office, all of the signers must be of the same majorpolitical party as the candidate designated.
4. Nothing in this statute prevents a major or minor political party from designating a preferred candidate, either through party caucus, central committee action, or any other method specified in party rules provided the method used does not impact the cost of holding elections to any county in the state of Nevada or the state of Nevada.
(Added to NRS by 1960, 244; A 1963, 1387; 1971, 439; 1983, 1117; 1987, 1366; 1989, 226, 1729; 2007, 215; 2009, 1265)
NRS 293.200 Independent candidates: Qualification; petition of candidacy; time limit for challenge; declaration of candidacy.
1. An independent candidate for partisan office must file with the appropriate filing officer:
(a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or
(III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in March.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in March. _______Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in March.________
10. An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in March of the year in which the election is held nor later than 5 p.m. on the second Friday after the first Monday in March.
(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387; 1971, 440, 1122; 1975, 936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164; 1993, 2668; 1997, 316; 1999, 1392, 2154, 3551; 2001, 149, 154; 2003, 1645, 1704; 2009, 1266)
NRS 293.2565 Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same given names and surnames.
1. Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.
2. In any election regulated by this chapter, if two or more candidates have the same given name and surname and:
(a) None of the candidates is an incumbent, The middle names or middle initials, if any, of the candidates must be included in the names of the candidates; or
NRS 293.257 Separate primary ballots; placement of candidates’ names; designation on application to register to vote of affiliation with major political party condition for registered voter to cast ballot for party at primary election.
1. There must be a separate primary ballot for each major political party. The names of candidates for partisan offices who have designated a major political party in the declaration of candidacy or acceptance of candidacy must appear on the primary ballot of the major political party designated. If the major political party has endorsed or otherwise selected a preferred candidate for nomination in accordance with NRS 293.180(4), such endorsement or preference will also be listed.
2. The names of candidates for partisan office from each major political party will also appear on the ballot given to voters registered as non-partisan. The names will appear as they appear on the ballot of the major political party with the addition of party affiliation.
.2. The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each major political party or on a separate nonpartisan primary ballot, but the arrangement which the county clerk selects must permit all registered voters to vote on them.
3. A voter who has designated a major political party on his or her application to register to vote will be given the ballot of that party along with the ballot for candidates for non-partisan office. Voters who have designated no political party but rather designated non-partisan on their application to register to vote will be given the non-partisan ballot that lists the names of candidates for non-partisan office along with candidates for partisan office from each major political party. Voters who have designated a minor political party on their application to register to vote will be given a ballot listing only those candidates for non-partisan offices. (Added to NRS by 1960, 250; A 1963, 1388; 1965, 652; 1967, 847; 1971, 442; 1977, 243; 1979, 264; 1989, 227; 2011, 3280)
NRS 293.260 Declaration of nominees: Omission and appearance of names on primary ballot; appearance of names on general ballot.
1. Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. Unless NRS 293.3677(4) applies, if more than one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his or her name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.
4. Unless NRS 293.3677(4) applies, if only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. If the number of candidates for any partisan or non-partisan office is equal to or less than the number of candidates to be elected to a particular office in the general election, that candidate or candidates will be considered to be elected to the office so long as they receive at least one vote in the primary election. If a candidate is elected subject to this sub-section, the office nor their name(s) will not be placed on the general election ballot.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
(Added to NRS by 1960, 251; A 1963, 1388; 1979, 264; 1987, 339; 1989, 227; 1997, 94, 757, 770, 3453; 2003, 869; 2007, 2586)
NRS 293.265 Nonpartisan primary ballot: Form; names of candidates to be grouped alphabetically; exception. On nonpartisan primary ballots, the sections for partisan and non-partisan offices must be clearly separated and designated “Partisan Offices” or “Non-Partisan Office”. there must appear at the top of the ballot the designation “Nonpartisan Offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the partisan or nonpartisan office for which those candidates filed.
(Added to NRS by 1960, 251; A 1961, 288; 1963, 1388; 1965, 652; 1967, 847; 1979, 265; 2003, 1717; 2007, 2587)
1. If a county or city uses paper ballots, 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, undervoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.
2. Upon adoption of the Nevada Election Modernization and Reform Act, each county in the state will provide an educational program prior to the primary election for the first two primary elections following implementation. The Registrar of Voters or County Clerk of each county will determine the best method for conducting such training within their county.
NRS 293.287 Announcement of name and political affiliation of registered voter; challenges; nonpartisan ballot at primary election.
1. A registered voter applying to vote at any primary election shall give his or her name and political affiliation, if any, to the election board officer in charge of the election board register, and the officer shall immediately announce the name and political affiliation.
2. Any person’s right to vote may be challenged by any registered voter upon:
(b) The ground that the person applying does not belong to the political party designated upon the register; or
(c) The ground that the register does not show that the person designated the political party to which he or she claims to belong.
4. A registered voter who has designated on his or her application to register to vote an affiliation with a minor political party may vote a nonpartisan ballot listing only candidates for non-partisan offices at the primary election in accordance with NRS 293.257. A registered voter who has designated non-partisan on his or her application to register to vote will be given the non-partisan ballot listing all candidates for partisan and non-partisan office in accordance with NRS 293.257.
1. When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.
2. Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:
(a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and
(b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.
3. The Secretary of State:
(a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2; and
(b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this State that is not described in subsection 2, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.
4. Counting votes;
(a) Upon completion of counting all votes cast in a primary election, except as provided in NRS 293.260 subpart 5, if a candidate for any particular office receives at least 50% +1 of the total votes cast for that office in the primary, that candidate will be declared elected to that office and the office will not be contested in the general election.
1. Whenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in April, the deceased candidate’s name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he or she was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, the deceased candidate shall be deemed nominated and the vacancy in the nomination must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.
3. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the fourth Friday in June of the year in which the general election is held, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, or is elected as described in NRS 293-3677 subpart 4, the deceased candidate shall be deemed elected and the office to which he or she was elected shall be deemed vacant at the beginning of the term for which he or she was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
(Added to NRS by 1963, 1382; A 1971, 445; 1987, 347; 1997, 3462; 2003, 1705; 2005, 1435; 2009, 1269; 2011, 3281)
NRS 293.440 List of persons registered to vote in precinct, district or county: Distribution of copies; contents; limitation on printing costs; request for and use by committees of political parties; fees.
1. Any person who desires a copy of any list of the persons who are registered to vote in any precinct, district or county may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to 1 cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided both to the state central committee of any major political party and to the county central committee of any major political party, and to the executive committee of any minor political party upon request, and to each candidate registered as a non-partisan who is a candidate for partisan office without charge.
2. Except as otherwise provided in NRS 293.5002 and 293.558, the copy of the list provided pursuant to this section must indicate the address, date of birth, telephone number and the serial number on each application to register to vote. If the county maintains this information in a computer database, the date of the most recent addition or revision to an entry, if made on or after July 1, 1989, must be included in the database and on any resulting list of the information. The date must be expressed numerically in the order of month, day and year.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state central committee or county central committee of any major political party or the executive committee of any minor political party , or any candidate registered as a non-partisan who is a candidate for partisan office which has filed a certificate of existence with the Secretary of State, record for both the state central committee and the county central committee of the major political party, if requested, and for the executive committee of the minor political party, or any candidate registered as a non-partisan who is a candidate for partisan office if requested, on magnetic tape or diskette supplied by it:
(a) The list of persons who are registered to vote and the information required in subsection 2; and
(b) Not more than four times per year, as requested by the state or county central committee or the executive committee:
(1) A complete list of the persons who are registered to vote with a notation for the most recent entry of the date on which the entry or the latest change in the information was made; or
(2) A list that includes additions and revisions made to the list of persons who are registered to vote after a date specified by the state or county central committee or the executive committee.
5. If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.
6. Any state or county central committee of a major political party, any executive committee of a minor political party or any member or representative of such a central committee or executive committee , and each candidate registered as a non-partisan who is a candidate for partisan office who receives without charge a list of the persons who are registered to vote in any precinct, district or county pursuant to this section shall not:
(a) Use the list for any purpose that is not related to an election; or
(b) Sell the list for compensation or other valuable consideration.
(Added to NRS by 1960, 266; A 1967, 844; 1973, 895; 1975, 942; 1985, 1806; 1989, 228; 1991, 1353; 1993, 2188; 1995, 2268, 2783; 2003, 1707; 2005, 2288; 2007, 2600)
1. During the interval between the closing of registration and the election, the county clerk shall:
(a) In counties where records of registration are not kept by computer, prepare for each precinct or district a binder containing in alphabetical order the original applications to register to vote of the electors in the precinct or district. The binder constitutes the election board register.
(b) In counties where records of registration are kept by computer, have printed and placed in a binder for each precinct or district a computer listing in alphabetical order of the applications to register to vote of the electors in the precinct or district. The binder constitutes the election board register.
2. Each election board register must be delivered or caused to be delivered by the county or city clerk to an election officer of the proper precinct or district before the opening of the polls.
NRS 293.565 Sample ballots: Contents; mailing; printing of text of constitutional amendments; notice of location of polling place; notice if location of polling place changed; cost of mailing responsibility of political subdivision.
1. Except as otherwise provided in subsection 3, sample ballots must include:
(b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482, 295.015 or 295.095 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252, 293.481, 293.482 or 295.121; and
(e) The full text of each proposed constitutional amendment.
2. If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.
3. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
4. Before the period for early voting for any election begins, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
5. Except as otherwise provided in subsection 6, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
6. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
7. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
8. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
9. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.
10. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
(Added to NRS by 1960, 278; A 1961, 298; 1967, 852; 1971, 449; 1973, 897; 1979, 268; 1987, 356; 1989, 205; 1995, 2631; 1997, 78, 765, 769, 3065, 3469; 1999, 679; 2001, 1435, 2001, 2957; 2003, 200, 208, 210, 1656, 1692, 1708, 1723, 3196; 2007, 1165, 2529;2011, 2098)
If the changes are adopted by the legislature and signed by the governor, changes will be effective January 1, 2016.
* Fiscal Note:
According to the Registrar of Voters of Clark and Washoe County, additional costs for printing of mail / absentee ballots could be incurred if the length of the ballot requires more than one (1) card.