UPDATED December 12, 2014
While the formal draft of the Nevada Election Modernization and Reform Act is prepared by the Legislative Council Bureau (LCB) once the bill is filed, here is a draft to guide the LCB.
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.
TITLE 24 – ELECTIONS
GENERAL PROVISIONS
NRS 293.010 Definitions.
NRS 293.013 “Absent ballot” defined.
NRS 293.015 “Absent voter” defined.
NRS 293.016 “Abstract of votes” defined.
NRS 293.017 “Active registration” defined.
NRS 293.019 “Approved electronic transmission” defined.
NRS 293.025 “Ballot” defined.
NRS 293.026 “Ballot box” defined.
NRS 293.030 “Ballot listing” defined.
NRS 293.032 “Canvass” defined.
NRS 293.033 “Central committee” defined.
NRS 293.0335 “Central counting place” defined.
NRS 293.034 “Certificate of election” defined.
NRS 293.035 “Challenge list” defined.
NRS 293.038 “City of population category one” defined.
NRS 293.0382 “City of population category two” defined.
NRS 293.0384 “City of population category three” defined.
NRS 293.040 “Clerk” defined.
NRS 293.042 “Contest” defined.
NRS 293.044 “County clerk” defined; synonymous with “registrar of voters” in certain counties.
NRS 293.046 “Deputy clerk” defined.
NRS 293.050 “Election board officer” defined.
NRS 293.053 “Election board register” defined.
NRS 293.055 “Elector” defined.
NRS 293.056 “Facsimile machine” defined.
NRS 293.057 “Filing officer” defined.
NRS 293.059 “General city election” defined.
NRS 293.060 “General election” defined.
NRS 293.063 “Independent candidate” defined.
NRS 293.064 “Judicial office” defined.
NRS 293.0643 “Judicial officer” defined.
NRS 293.065 “Mail” defined.
NRS 293.0655 “Major political party” defined.
NRS 293.0657 “Mechanical recording device” defined.
NRS 293.0659 “Mechanical voting system” defined.
NRS 293.066 “Minor political party” defined.
NRS 293.0675 “Nonpartisan office” defined.
NRS 293.068 “Oath” defined.
NRS 293.069 “Petition district” defined.
NRS 293.070 “Physical disability” defined.
NRS 293.073 “Political party” defined.
NRS 293.077 “Precinct” defined.
NRS 293.079 “Primary city election” defined.
NRS 293.080 “Primary election” defined.
NRS 293.082 “Provisional ballot” defined.
NRS 293.090 “Registered voter” defined.
NRS 293.0925 “Registrar of voters’ register” defined.
NRS 293.093 “Regular votes” defined.
NRS 293.094 “Rejected ballot” defined.
NRS 293.095 “Roster” defined.
NRS 293.097 “Sample ballot” defined.
NRS 293.100 “School office” defined.
NRS 293.103 “School officers” defined.
NRS 293.105 “Service of the United States” defined.
NRS 293.106 “Special absent ballot” defined. [Repealed.]
NRS 293.107 “Spoiled ballot” defined.
NRS 293.109 “State officer” defined.
NRS 293.111 “Statewide voter registration list” defined.
NRS 293.113 “Tally list” defined.
NRS 293.115 “Township office” defined.
NRS 293.117 “Township officer” defined.
NRS 293.119 “Undervote” defined.
NRS 293.121 “Voting district” defined.
NRS 293.124 Secretary of State to serve as Chief Officer of Elections; regulations.
NRS 293.126 Applicability of chapter to city elections.
NRS 293.127 Liberal construction of title and determination of real will of electors.
NRS 293.1273 Facsimile of signature created by computer to verify or compare signature.
NRS 293.1275 Counting of Saturdays, Sundays and holidays in computing certain periods of time; exceptions.
GENERAL ELECTIONS
NRS 293.12755 Date.
CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS
NRS 293.127561 Establishment of petition districts; criteria. [Repealed.]
NRS 293.127562 Maps of petition districts: Duties of Director of Legislative Counsel Bureau. [Repealed.]
NRS 293.127563 Secretary of State to determine number of signatures required for certain petitions.
NRS 293.127565 Use of public buildings to gather signatures on petitions; remedy for violation; regulations.
NRS 293.12757 Qualification to sign petition.
NRS 293.12758 Receipt issued by county clerk; requirements for petition.
NRS 293.1276 County clerk to forward number of signatures to Secretary of State; notice of failure to file required number of signatures; handling of petition; regulations.
NRS 293.1277 Verification of signatures by county clerks; regulations.
NRS 293.1278 Qualification or disqualification of petition upon receipt of certificates or amended certificates by Secretary of State.
NRS 293.1279 Qualification or disqualification of petition upon verification of signatures; regulations.
NRS 293.12793 Appeal with Secretary of State contesting verification of signatures; notification of public officer who is subject of petition to recall; consideration and investigation of allegations.
NRS 293.12795 Action by Secretary of State upon review of appeal; judicial review of decision of Secretary of State.
MAJOR POLITICAL PARTIES
NRS 293.128 Procedure for qualification.
NRS 293.130 County conventions: Place; notice.
NRS 293.133 Number of delegates from voting precincts to county convention.
NRS 293.134 Use of room or space occupied by State or local government by state or county central committee.
NRS 293.135 Precinct meetings of registered voters before county convention: Time and place; notice.
NRS 293.137 Election of delegates to county convention; procedure if precinct fails to elect delegates; certificates given to elected delegates; state central committee to adopt written procedural rules.
NRS 293.140 County conventions: Manner of organization; authorized action of delegates.
NRS 293.143 County central committee: Number; change in membership.
NRS 293.145 Number of delegates to state convention.
NRS 293.150 State conventions: Place and actions; additional conventions.
NRS 293.153 Number of members of state central committee.
NRS 293.155 Rules of county and state conventions; delegate must be qualified elector; unit rule of voting prohibited.
NRS 293.157 State and county central committees: Terms of office; termination of membership; vacancies.
NRS 293.160 State and county central committees: Election of officers and executive committee; other powers.
NRS 293.161 Right of participation as delegate to county or state convention or member of county or state central committee.
NRS 293.163 Selection of delegates and alternates to national party convention and members of national committee by state convention in presidential election year.
NRS 293.165 Procedure for filling vacancy in major or minor political party nomination or nonpartisan nomination.
NRS 293.166 Procedure for filling vacancy in party nomination for office of State Legislator from multicounty legislative district.
NRS 293.167 Nomination of party candidates for United States Senator or Representative in Congress.
MINOR POLITICAL PARTIES
NRS 293.171 Procedure for organization.
NRS 293.1715 Procedure to place candidates’ names on ballot; limitation on number of candidates to appear on ballot.
NRS 293.172 Contents of petition required to place candidates’ names on ballot; limitation on who may sign petition; requirements for signing.
NRS 293.1725 Candidates: Submission of list to Secretary of State; filing of declaration of candidacy and certificate of nomination.
NRS 293.174 Challenge of qualification.
NOMINATIONS
NRS 293.175 Date of primary election; nomination of candidates; applicability of provisions governing nominations.
NRS 293.1755 Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy; exception.
NRS 293.176 When candidacy for major political party prohibited; exception.
NRS 293.177 Declaration or acceptance of candidacy: Filing required before name may be printed on ballot; forms; contents; address of candidate; retention of proof of identity and residency; appointment of agent for service of process; investigation and disqualification of candidate who has been convicted of felony and has not had civil rights restored.
NRS 293.180 Certificates of candidacy: Requirements; filing; acceptance of candidacy.
NRS 293.181 Declaration of residency required of candidate for office of State Legislator.
NRS 293.182 Written challenges concerning qualifications of candidates.
NRS 293.184 Penalty for willfully filing declaration or acceptance of candidacy with knowledge it contains false statement; posting of notice of disqualification at polling place required in certain circumstances.
NRS 293.185 Offices for filing declarations, certificates and acceptances of candidacies.
NRS 293.186 Candidates for public office to receive form or access to electronic form for making statement of financial disclosure and related instructions.
NRS 293.187 Certification of names of persons for whom candidacy papers have been filed by Secretary of State to county clerks.
NRS 293.190 Certification to county clerks by Secretary of State of names of certain persons nominated.
NRS 293.193 Filing fees.
NRS 293.194 Return of filing fee to certain candidates.
NRS 293.195 Nonpartisan offices.
NRS 293.196 Each office of justice of the Supreme Court constitutes separate office for nomination and election.
NRS 293.197 Each department of district court constitutes separate office for nomination and election; ballots used in certain counties.
NRS 293.198 Each department of Justice Court constitutes separate office for nomination and election.
NRS 293.200 Independent candidates: Qualification; petition of candidacy; time limit for challenge; declaration of candidacy.
NRS 293.202 Withdrawal of candidacy; rescission.
NRS 293.203 Contents and publication of notice of primary or general election.
NRS 293.204 Time for filing declaration or acceptance of candidacy for special election.
ELECTION PRECINCTS
NRS 293.205 Establishment, abolishment, alteration and consolidation; boundaries.
NRS 293.206 Submission of maps to Secretary of State and Legislative Counsel Bureau; determination of statutory compliance; revisions.
NRS 293.207 Establishment on basis of number of voters therein; maximum number of voters; consolidation of precincts.
NRS 293.208 Limitations on creation, division, abolition, consolidation and alteration during certain periods; exceptions.
NRS 293.209 Creation or change of election district during certain period in year of general or general city election prohibited; annexation not prohibited during year of election.
NRS 293.210 Establishment of new election precinct: Petition and conditions.
NRS 293.213 Mailing precincts; absent ballot mailing precincts.
ELECTION BOARDS
NRS 293.217 Appointment of officers by county clerk; appointment of deputy sheriffs for elections; appointment of trainees.
NRS 293.2175 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.
NRS 293.218 Recommendations by chair of election board of persons for service on election board.
NRS 293.219 Recommendations by political parties of persons for service on election board. [Repealed.]
NRS 293.220 Delivery of notice of appointment to officer or trainee.
NRS 293.223 Notice of unwillingness to serve as officer or trainee; appointment of replacement.
NRS 293.225 Continuing powers and duties of election boards; reserve officers of election board; procedure for filling vacancies.
NRS 293.227 Designation of chair; duties; restrictions upon participation of trainees; training; travel expenses for training.
NRS 293.230 Appointment of single central election board for mailing precincts.
NRS 293.235 Appointment and duties of absent ballot central counting board; no central election board if absent ballot central counting board appointed.
NRS 293.243 Number of officers on absent ballot central counting board; appointment of deputy sheriff; absent ballot central counting board under direction of county clerk.
REGULATION OF ELECTIONS
NRS 293.247 Regulations of Secretary of State for conduct of elections; interpretations; distribution of information to county and city clerks.
NRS 293.250 Secretary of State to prescribe procedure for and requirements of a system for registration of voters by computer and form of ballots, other documents and papers; printed matter on ballots; authority of county clerks to divide paper ballots and prescribe color for ballots and voting receipts.
STATEWIDE MEASURES: PREPARATION OF ARGUMENTS; PUBLICATION
NRS 293.252 Appointment of committees to prepare arguments advocating and opposing approval of constitutional amendments and statewide measures proposed by initiative or referendum; duties of committees; Secretary of State required to reject libelous or factually inaccurate statements; appeal.
NRS 293.253 Publication: Duties of Secretary of State and county clerk; costs.
VOTERS’ BILL OF RIGHTS
NRS 293.2543 Short title.
NRS 293.2546 Legislative declaration of voters’ rights.
NRS 293.2549 Duties of Secretary of State and of county and city clerks.
BALLOTS
NRS 293.256 Names of candidates on ballots not to include title, designation of profession or occupation.
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.
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.
NRS 293.260 Declaration of nominees: Omission and appearance of names on primary ballot; appearance of names on general ballot.
NRS 293.262 Absent ballot or ballot voted in mailing precinct: Methods in which ballot is to be voted.
NRS 293.263 Primary ballot for major political party: Form; names of candidates to be grouped alphabetically; exception.
NRS 293.265 Nonpartisan primary ballot: Form; names of candidates to be grouped alphabetically; exception.
NRS 293.267 Ballot for general election: Form; names of candidates to be grouped alphabetically; exception; indication of party name, “independent” or “nonpartisan” or abbreviations thereof; order of appearance of certain statewide measures.
NRS 293.2673 Ballot to indicate date of election and at which election ballot will be used.
NRS 293.268 Order of listing offices, candidates and questions on ballots.
NRS 293.269 Ballots for statewide offices or President and Vice President must permit voter to register opposition to all candidates.
NRS 293.2693 Voter education program to be provided in county or city using paper ballots.
VOTING SYSTEMS GENERALLY
NRS 293.2696 General requirements for voting systems; duties of Secretary of State and of county and city clerks.
NRS 293.2699 Voting systems used by counties and cities: Voting materials to be provided in English and other languages in accordance with federal law.
VOTING AT POLLS
NRS 293.270 Voting by printed ballot or other approved or authorized system; write-in voting prohibited; exception.
NRS 293.272 Voting in person required at first election after valid registration for voter who registered to vote by mail or computer; exceptions.
NRS 293.2725 Voter who registered to vote by mail or computer and has not previously voted in election for federal office in Nevada: Prerequisites to voting at polling place and to voting by mail; applicability of section; exceptions.
NRS 293.273 Time for opening and closing polls; duties of officers of election board.
NRS 293.2735 Establishment of polling place for precinct in residential development exclusively for elderly persons.
NRS 293.2738 Polling place not to be established in any building named for candidate appearing on ballot.
NRS 293.274 Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.
NRS 293.275 Possession of election board register by election board required for performance of board’s duties.
NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter.
NRS 293.283 Identification of registered voter who is unable to sign name.
NRS 293.285 Election board officer in charge of register required to take voter’s signature.
NRS 293.287 Announcement of name and political affiliation of registered voter; challenges; nonpartisan ballot at primary election.
NRS 293.2955 Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; provision of mechanical recording device to record votes electronically; alternative placement of specially equipped voting devices at central locations.
NRS 293.296 Assistance to voter who is physically disabled or unable to read or write English.
NRS 293.297 Change of vote on certain mechanical recording devices.
NRS 293.301 Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.
NRS 293.302 Posting of notice of death of candidate at polling place.
NRS 293.3025 Posting of copies of certain other information and documents at polling place.
NRS 293.303 Challenges.
NRS 293.3035 Notice of result of challenge.
NRS 293.304 Voting by person successfully challenged on grounds of residency.
NRS 293.305 Closing of polls; admission of voters and other persons.
NRS 293.307 Duties of voting board before adjournment.
VOTING BY PROVISIONAL BALLOT
NRS 293.3081 Casting of provisional ballot: General conditions; declaration or application.
NRS 293.3082 Casting of provisional ballot: Specific prerequisites; completion of written affirmation; contents of affirmation; provision of receipt; notation on roster; provisional ballot limited to purpose of voting for candidates for federal offices.
NRS 293.3083 Casting of ballot by mail to vote for candidate for federal office; treatment as provisional ballot under certain circumstances.
NRS 293.3084 County and city clerks to establish certain procedures relating to provisional ballots.
NRS 293.3085 Canvass and counting of provisional ballots.
NRS 293.3086 Free access system to provide information to voter casting provisional ballot.
ABSENT BALLOT VOTING
NRS 293.309 Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; ineffectiveness of legal actions to prevent issuance.
NRS 293.3095 Distribution of forms to request absent ballots.
NRS 293.310 Request and receipt of absent ballot allows voting only by absent ballot; exception; county clerk to notify election board if absent ballot issued.
NRS 293.313 Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.
NRS 293.315 Limitation on time to apply for absent ballot; public inspection authorized; issuance of absent ballot; immunity of county clerk.
NRS 293.3155 Use of special absent ballot by Armed Forces personnel and overseas citizens. [Repealed.]
NRS 293.3157 Registered voter residing outside continental United States may request absent ballot by approved electronic transmission; return of absent ballot; oath of registered voter; regulations. [Repealed.]
NRS 293.316 Application for absent ballot because of illness, disability or absence: Requirements; delivery of ballot; voting procedure.
NRS 293.3165 Application for absent ballot because of physical disability: Requirements; voting procedure.
NRS 293.317 Invalid absent ballots.
NRS 293.320 County clerk to determine if applicant for absent ballot is registered voter.
NRS 293.323 Delivery of absent ballot and voting supplies; return of absent ballot; recordation of certain information by county clerk; regulations.
NRS 293.325 Duties of county clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting.
NRS 293.330 Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.
NRS 293.333 Procedure for depositing absent ballot in ballot box.
NRS 293.335 Empty envelopes and rejected ballots to be returned to county clerk.
NRS 293.340 Duty of county clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots.
VOTING IN MAILING PRECINCTS
NRS 293.343 Eligibility of certain voters to vote by mail; effect of county clerk designating precinct as mailing precinct; designation of polling place at which voters entitled to vote in mailing precincts may vote in person.
NRS 293.345 Duty of county clerk to mail official mailing ballots to registered voters; sample ballot for mailing precinct to include notice concerning polling place where voters may vote in person if applicable.
NRS 293.350 Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by county clerk.
NRS 293.353 Marking and return of mailing ballot by voter; voting in person after receipt of mailing ballot; penalty.
NRS 293.355 Duties of county clerk upon receipt of envelope which contains mailing ballot.
EARLY VOTING BY PERSONAL APPEARANCE
NRS 293.356 Issuance of ballot; location at which ballot must be voted.
NRS 293.3561 County clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.
NRS 293.3564 Permanent polling places for early voting.
NRS 293.3568 Period for early voting; hours for permanent polling places.
NRS 293.3572 Temporary branch polling places: Authority of county clerk to establish; hours during which voting may be conducted; legal rights and remedies of property owners or lessors not affected by presence of polling places.
NRS 293.3576 Schedule of locations and times for early voting.
NRS 293.358 Appointment of deputy clerks.
NRS 293.3583 Mechanical recording devices: Preparation before polls open each day.
NRS 293.3585 Procedure for voting.
NRS 293.3594 Security precautions.
NRS 293.3604 Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and county clerk at close of last voting day.
NRS 293.3606 Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.
NRS 293.3608 County clerk to ensure that mechanical recording devices used for early voting provide record of number of votes; delivery of records and other items to central counting place.
NRS 293.361 Electioneering prohibited near polling place; penalty.
RETURNS AND CANVASS
NRS 293.3625 Record made by county clerk of receipt at central counting place of sealed container used to transport official ballots.
NRS 293.363 Preparation by counting board to count paper ballots.
NRS 293.365 Accounting of all ballots required before count begun.
NRS 293.367 Rejection of ballot; regulations for counting ballots.
NRS 293.3673 Errors in information on certain form not grounds for rejection of absent ballot.
NRS 293.3677 Standards for counting votes; regulations.
NRS 293.368 Counting of votes cast for deceased candidate.
NRS 293.370 Procedure for completion of tally lists.
NRS 293.373 Duties of officers of counting board after ballots counted if paper ballots used.
NRS 293.383 Posting of copies of result of votes cast.
NRS 293.384 Initial withdrawal of absent ballots from ballot boxes; verification of proper number of absent ballots; procedure for counting.
NRS 293.385 Withdrawal of absent ballots from ballot boxes after initial withdrawal; verification of proper number and counting of absent ballots; reporting results of count; disseminating information about count before polls close prohibited; penalty.
NRS 293.387 Canvass of returns; abstract of votes.
NRS 293.388 Abstract of votes: Transmission to public libraries or posting upon website.
NRS 293.389 Inclusion of inactive voters in reports of votes prohibited.
NRS 293.391 Disposition and inspection of ballots, lists, records and stubs of voted ballots after canvass by county commissioners.
NRS 293.393 Preparation of abstracts of votes cast at general election or other statewide election; certificates of election.
NRS 293.395 Transmission of copy of certified abstract of votes and mechanized report to Secretary of State; canvass of vote by justices of Supreme Court; Governor to grant certificates of election and issue proclamations.
NRS 293.397 Prohibitions against withholding certificate of election or commission.
TIES, RECOUNTS AND CONTESTS
NRS 293.400 Determination of winner if tie vote; recounts.
NRS 293.403 Recount of vote: Demand; advance deposit of costs.
NRS 293.404 Employment and duties of recount board; persons present; count of ballots; recounts affecting more than one county; regulations.
NRS 293.405 Costs of recount; commencement and completion of recount; limitation on additional recount.
NRS 293.407 Filing of written statement of contest with clerk of district court; verification.
NRS 293.410 Dismissal of statement of contest; grounds for contest.
NRS 293.413 Time for filing statement of contest; precedence of election contest; referral to special master.
NRS 293.415 Depositions in election contests; trial and submission of matter.
NRS 293.417 Judgment of court in election contest.
NRS 293.420 Court costs.
NRS 293.423 Recount of ballots at hearing of contest.
NRS 293.425 Contest of general election for office of State Legislator: Statement of contest and other documents and materials to be filed with Secretary of State; ability of contestant to amend statement of contest; list of witnesses; depositions, investigation and presentation of evidence.
NRS 293.427 Contest of general election for office of State Legislator: Seating of candidate with highest number of votes; withdrawal of statement of contest; hearing and deciding of contest by appropriate house of Legislature; certificates of election; remedy.
NRS 293.430 Contest of general election for office of Governor, Lieutenant Governor or justice of Supreme Court: Filing of documents and other evidence with Secretary of State; seating of candidate; duties of Secretary of State and Legislature; withdrawal of contest.
NRS 293.433 Decision of contest for office of Governor, Lieutenant Governor or justice of Supreme Court by Senate and Assembly in joint session.
NRS 293.435 Certificate of election delivered after decision.
ELECTION EXPENSES
NRS 293.437 Designation of polling places.
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.
NRS 293.442 Election Account: Creation; deposit of money in Account; disposition of interest and income; authority of Secretary of State to disburse, expend and receive money; payment of claims.
NRS 293.443 Election expenses.
NRS 293.445 Expenses for assistants to county or city clerk.
NRS 293.446 Compensation of officer of election board for delivery of election returns to county or city clerk.
NRS 293.460 Compensation of officers of election board, deputy sheriffs and other employees.
MISCELLANEOUS PROVISIONS
NRS 293.462 Construction of containers used to transport official ballots.
NRS 293.463 Employees may absent themselves from employment to vote: Procedure; penalty.
NRS 293.464 Court-ordered extension of deadline for voting.
NRS 293.465 Loss or destruction of ballots, or other cause preventing election in precinct or district; new election.
NRS 293.468 Secretary of State to provide election materials in usable format for persons who are elderly or disabled.
NRS 293.4685 Certain additional duties of Secretary of State; county and city clerks to provide information requested by Secretary of State.
NRS 293.4687 Website maintained by Secretary of State for public information relating to elections; requirements.
NRS 293.4689 Website maintained by county clerk for public information relating to elections; requirements.
NRS 293.469 County clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.
NRS 293.4695 County clerks required to collect and report certain information concerning election processes; Secretary of State to solicit and collect voter comments regarding election processes; report to Legislature.
NRS 293.471 Address of business that receives or distributes mail to be provided to county clerk.
NRS 293.480 Limitation on inspection of ballots after return to county or city clerk.
NRS 293.481 Governing body of political subdivision, public or quasi-public corporation, or other local agency submitting question to voters required to submit certain documents and information to county and city clerks; fee to cover cost of placing question and associated information on ballot.
NRS 293.4815 Transmission of question to be presented to voters to Secretary of State.
NRS 293.482 Advisory questions: Submission to voters by certain governmental entities; prerequisites to placement on ballot; description of anticipated financial effect; appearance on sample ballot; preparation of sample questions.
REGISTRATION OF VOTERS; REGISTRARS
NRS 293.485 Qualification of voter: Citizenship, age and residence.
NRS 293.486 Determination of address at which voter actually resides.
NRS 293.487 When residence not gained or lost.
NRS 293.490 Residence not lost upon removal from county or precinct.
NRS 293.493 Loss of residence upon removal to another state, territory or foreign country.
NRS 293.495 Presumption of intention to abandon residence.
NRS 293.497 Residence of head of family.
NRS 293.500 Loss of residence upon removal from State with intention to remain elsewhere for indefinite time.
NRS 293.5002 Registration of person with fictitious address: Form of application; maintenance of application by Secretary of State and county clerk.
NRS 293.501 Use of form provided by Federal Government pursuant to federal Uniformed and Overseas Citizens Absentee Voting Act. [Repealed.]
NRS 293.502 Registration of certain persons recently discharged from Armed Forces or separated from employment outside of the United States; registration of spouses and dependents of such persons.
NRS 293.503 County clerk is ex officio county registrar; custody of documents relating to registration; official records of office of county clerk; maintenance of records; time limitation on program to remove names of ineligible persons; availability of records for public inspection; confidential information.
NRS 293.5035 Designation by county clerk of building owned or leased by county as county facility at which electors may register to vote.
NRS 293.504 Voter registration agencies: Creation; duties; duty of Secretary of State to cooperate with Secretary of Defense to allow persons to register at military recruitment offices.
NRS 293.5045 Voter registration agencies: Prohibited acts; penalties.
NRS 293.505 Appointment, powers and duties of field registrars; prohibited acts of field registrars, clerks, employees of voter registration agencies or persons assisting voters; penalty.
NRS 293.5055 Registration of voter outside boundaries of county.
NRS 293.5057 Registration of nonresident to vote for office of President and Vice President.
NRS 293.506 County clerk authorized to establish system for registration of voters by computer; requirements.
NRS 293.507 Forms for application to register to vote and affidavit concerning lack of certain identification; requirements for forms; use of certain numbers to identify voter; regulations.
NRS 293.508 Forms for application to register to vote must include option to receive sample ballot in larger type.
NRS 293.509 County clerk authorized to provide form for application to register to vote upon request; requirements for request; records to be kept by county clerk in response to request.
NRS 293.510 Election board register; registrar of voters’ register.
NRS 293.511 Register kept by computer to include all information in original applications to register to vote.
NRS 293.513 Elector may register for other elections despite closing of registration for impending election.
NRS 293.517 Authorized methods of registration of elector; requirements for application; change of name; issuance of voter registration card; objection to application to register to vote by county clerk under certain circumstances.
NRS 293.518 Elector to indicate affiliation or nonaffiliation with political party at time of voting; duties of county clerk or field registrar of voters in listing elector’s affiliation or lack thereof; elector’s party to be listed as “nonpartisan” if elector makes no indication.
NRS 293.520 Registration or reregistration of elector who is unable to sign name.
NRS 293.523 Registration of naturalized citizen.
NRS 293.5235 Registration of voters by mail or computer; penalty; regulations.
NRS 293.5237 Registration of person at home by field registrar.
NRS 293.524 Registration at time of application for issuance or renewal of driver’s license or identification card; use of forms submitted to Department of Motor Vehicles to correct information in registrar of voters’ register; regulations.
NRS 293.525 Vote after residence changed but registration not transferred; affirmation by elector; use of information regarding current address to correct registrar of voters’ register.
NRS 293.527 Notice of cancellation of registration when elector moves to another county.
NRS 293.530 Correction of statewide voter registration list; authority of county clerk to make investigations; county clerk to cancel registration of voter under certain circumstances; maintenance of records regarding notices of cancellation; designation of voter as inactive; regulations.
NRS 293.5303 Data concerning change of address of registered voter: Agreement with United States Postal Service or other authorized person for use of data by county clerk.
NRS 293.5307 Data concerning change of address of registered voter: Identification of registered voter who has moved; notices to registered voter.
NRS 293.533 Action to compel registration.
NRS 293.535 Cancellation of registration: Affidavit of person stating elector is not citizen of United States or has abandoned residence in county; notice to registrant.
NRS 293.537 Applications to register to vote of electors who have cancelled registration: Preservation; microfilming; destruction; reinstatement if cancelled erroneously.
NRS 293.540 Circumstances in which county clerk is required to cancel registration of voter.
NRS 293.541 Additional circumstances in which county clerk is required to cancel registration of voter; notice to voter; exception to notice requirement if insufficient time exists before election; voting after execution of affidavit of cancellation; separation of ballots.
NRS 293.542 Notification that registered voter has been adjudicated insane or mentally incompetent by district court.
NRS 293.543 Reregistration after cancellation of registration.
NRS 293.547 Written challenges.
NRS 293.548 Withdrawal of written challenge or affidavit.
NRS 293.550 Registration of electors enlisted or inducted into Armed Forces of the United States: Appearance before county clerk or field registrar.
NRS 293.553 Registration of electors in service of United States or attending school.
NRS 293.555 Registration of spouse or dependent of elector who is in service of United States.
NRS 293.557 Publication of list of registered voters.
NRS 293.558 Disclosure of identification numbers to public; county clerk prohibited from disclosing social security number, driver’s license number or identification card number; registered voter may request that address and telephone number be withheld from public.
NRS 293.560 Close of registration; exception; office of county clerk to be open certain hours during last days before registration closes; publication of day and time registration closes; offices of county clerk, certain county facilities and ex officio registrars allowed to be open on last Friday of October in even-numbered years; elector required to register to vote in person during certain period; hours of operation for county facility for voter registration.
NRS 293.563 Election board register of precinct or district: Preparation; delivery.
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.
NRS 293.567 Number of registered voters in county to be transmitted by county clerk to Secretary of State before primary and general elections.
STATEWIDE VOTER REGISTRATION LIST
NRS 293.675 Establishment and maintenance of list; requirements pertaining to list; duties of county and city clerks; cooperative agreement with Department of Motor Vehicles; verification of information in conjunction with Social Security Administration; agreements with state agencies to obtain information necessary for list; information may be requested from or provided to chief election officers of other states.
UNLAWFUL ACTS AND PENALTIES
NRS 293.700 Bribery of elector.
NRS 293.710 Intimidation of voters.
NRS 293.720 Suppression of or failure to file nomination paper by public officer.
NRS 293.730 Interfering with conduct of election; unauthorized delivery, receipt, identification, display or removal of ballot.
NRS 293.740 Soliciting votes and electioneering inside polling place or within certain distance from polling place prohibited; penalty.
NRS 293.750 Removal or destruction of election supplies or equipment.
NRS 293.755 Tampering or interfering with certain election equipment or computer programs used to count ballots; report of violation to district attorney.
NRS 293.760 Alteration, defacement or removal of posted results of votes cast.
NRS 293.770 Refusal of person sworn by election board to answer questions.
NRS 293.780 Voting more than once at same election.
NRS 293.790 Offer to vote by person whose vote has been rejected.
NRS 293.800 Acts concerning registration of voters; violations of laws governing elections; crimes by public officers.
NRS 293.805 Compensation for registration of voters based upon number of voters or voters of a particular party registered.
NRS 293.810 Registration in more than one county at one time.
NRS 293.820 Solicitation of contribution for political organization without prior approval or charter.
NRS 293.830 Betting on election.
NRS 293.840 Civil penalty.
_________
APPENDIX
JUDICIALLY APPROVED PETITION DISTRICTS BASED ON 2010 CENSUS
GENERAL PROVISIONS
NRS 293.042 “Contest” defined. “Contest” means an adversary proceeding between a candidate for a public office who has received the greatest number of votes been declared the winner(s) and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
(Added to NRS by 1975, 935)
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 first choicevotes cast at the last preceding general election for the offices ofRepresentative in Congress Governor.
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 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 among the top three finishers in the primary and if the candidate creating the vacancy is a member of either a major or minor political party, 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 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 first choice votes 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. Will appear on either the primary and / or general election ballot.
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.
6. 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.
(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 among the top three finishers in the primary and if the candidate creating the vacancy is a member of either a major or minor political party, 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 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 either the primary orthe general election must file a notice of continued existence with the Secretary of State not later than the __________ preceding the primary election or 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 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 293.1715 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 must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor political party must be placed on the ballot for the primary and if having received a number of votes placing them among the top three finishers in the primary election, the general election if the minor political party is qualified. 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:
(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 thirdlast Friday in May February preceding the general primary 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 first choice votes cast at the last preceding general election for the offices of Representative in Congress.office of Governor.
(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 primary election and if among the top three finishers in the primary election, the 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. The top three candidates for partisan office of a major political party and top three candidates for nonpartisan office must be nominated selected by the voters at the primary election unless section NRS 293.260.3 applies.
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)
1. Except as otherwise provided in subsection 2, no person may be a candidate of a major political party for partisan office in any election if the person has changed:
(a) The designation of his or her political party affiliation; or
(b) His or her designation of political party from nonpartisan to a designation of a political party affiliation,
Ê on an application to register to vote in the State of Nevada or in any other state during the time beginning on December 31 preceding the closing filing date for that election and ending on the date of that election whether or not the person’s previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate of a political party that is not organized pursuant to NRS 293.171 on the December 31 next preceding the closing filing date for the election.
(Added to NRS by 1963, 1373; A 1971, 1551; 1979, 491; 1987, 690; 1989, 2161; 1995, 75, 2259, 2775; 1997, 1607; 1999, 3551; 2001, 2947; 2005, 1434; 2011, 3280)
NRS 293.177 Declaration or acceptance of candidacy: Filing required before name may be printed on ballot; forms; contents; address of candidate; retention of proof of identity and residency; appointment of agent for service of process; investigation and disqualification of candidate who has been convicted of felony and has not had civil rights restored.
1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required byNRS 293.193 not earlier than:
(a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in January; and
(b) For all other candidates, the first Monday in March of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in March.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
DECLARATION OF CANDIDACY OF …….. FOR THE
OFFICE OF …………….
State of Nevada
County of …………………………..
For the purpose of having my name placed on the official ballot as a candidate for the ……………. Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is …………, and the address at which I receive mail, if different than my residence, is ………; that I am registered as a member of the ……………. Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ……………. Party If I receive a qualifying number of votes to be among the top three finishers at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration along with my self-designated political affiliation designation if I so chose.
…………………………………………………………………….
(Designation of name)
…………………………………………………………………….
(Signature of candidate for office)
Subscribed and sworn to before me
this …… day of the month of …… of the year ……
…………………………………………………………………….
Notary Public or other person
authorized to administer an oath
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 from a major or minor political party, 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 primary 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 first choice 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 primary 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.________
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
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 293.203 Contents and publication of notice of primary or general election. Immediately upon receipt by the county clerk of the certified list of candidates from the Secretary of State, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:
1. The date of the election.
2. The location of the polling places.
3. The hours during which the polling places will be open for voting.
4. The names of the candidates.
5. A list of the offices to which the candidates seek nomination or election.
6 Party affiliation or status as a registered non-partisan may only be listed if preceded by the words “self-designated political affiliation preference”. Candidates may opt to not include their self-designated political affiliation preference. This statement is for voter information only and does not indicate the named political party has officially nominated or endorsed the candidate.
Ê The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution, constitutional amendment or statewide measure pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.
BALLOTS
NRS 293.256 Names of candidates on ballots not to include title, designation of profession or occupation. In any election regulated by this chapter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates. Party affiliation or status as a registered non-partisan may only be listed if preceded by the words “self-designated political affiliation preference”. Candidates may opt to not include their self-designated political affiliation preference. This statement is for voter information only and does not indicate the named political party has officially nominated or endorsed the candidate.
.
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.
The names of all candidates, whether affiliated with a major political party, a minor political party, or status as a registered non-partisan, for each partisan office, shall appear on the same ballot. Candidates will be listed by office sought in random order. The name of the office and the length of term of office will be listed above the names of the candidates for each office. Party affiliation or status as a non-partisan may only be listed if preceded by the words “self-designated political affiliation preference”. Candidates may opt to not include their self-designated political affiliation preference. This statement is for voter information only and does not indicate the named political party has officially nominated or endorsed the candidate.
.2. The county clerk may choose to place the names of candidates for nonpartisan offices on the same ballot 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. All registered voters, regardless of party registration or affiliation or registration as non-partisan, will be allowed to vote for all partisan and non-partisan office nominations.
(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. If there are more than three candidates, whether affiliated with a major political party, a minor political party, or registered non-partisan for any partisan or non-partisan office, the candidates receiving the three highest vote totals will be declared as the nominees and placed on the general election ballot.
3. If there are three or less candidates, whether affiliated with a major political party, a minor political party, or registered non-partisan, for any partisan or non-partisan office, those candidates will not appear on the primary ballot. They will be considered as nominated and placed on the general election ballot.
4. 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.
(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 293.262 Absent ballot or ballot voted in mailing precinct: Methods in which ballot is to be voted. An absent ballot or a ballot voted by a voter who resides in a mailing precinct must be voted:
1. On a paper ballot; or
2. By any other system authorized by state or federal law.
NRS 293.265 Nonpartisan primary ballot: Form; names of candidates to be grouped alphabetically; Randomly exception. On nonpartisan primary ballots, 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 randomly under the title and length of term of the 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)
NRS 293.267 Ballot for general election: Form; names of candidates to be grouped alphabetically; exception; indication of party name, “independent” or “nonpartisan” or abbreviations thereof; order of appearance of certain statewide measures.
1. Ballots for a general election must contain:
(a) the names of the three candidates who received the three highest vote totals for each office were nominated at the primary election, the names of the candidates of a minor political party and the names of independent candidates.
(b) A space for each voter to mark their first and second choice of the three candidates nominated for each office. As applicable, “none of these candidates” shall be available as one choice.
2. Except as otherwise provided in NRS 293.2565, names of candidates must be grouped alphabetically will be listed in random order under the title and length of term of the office for which those candidates filed.
3. Except as otherwise provided in subsection 4:
Except for the header “Partisan Office” “Non-Partisan Office”, party affiliation or status as a registered non-partisan may only be listed if preceded by the words “self-designated political affiliation preference”. Candidates may opt to not include their self-designated political affiliation preference. This statement is for voter information only and does not indicate the named political party has officially nominated or endorsed the candidate.
5. If the Legislature rejects a statewide measure proposed by initiative and proposes a different measure on the same subject which the Governor approves, the measure proposed by the Legislature and approved by the Governor must be listed on the ballot before the statewide measure proposed by initiative. Each ballot and sample ballot upon which the measures appear must contain a statement that reads substantially as follows:
The following questions are alternative approaches to the same issue, and only one approach may be enacted into law. Please vote for only one.
(Added to NRS by 1960, 251; A 1963, 1389; 1965, 653; 1967, 847; 1969, 137; 1979, 265; 1987, 339; 1989, 2165; 1997, 3454; 2003, 1718; 2011, 3069)
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 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
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 at the primary election.
1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;
(d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or
(e) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”
Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he or she must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged …………….” opposite his or her name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue the person a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c)of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue the person a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.
8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:
(a) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years of age who:
(1) Furnishes official identification which contains a photograph of that person, such as a driver’s license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.
9. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.
(Added to NRS by 1960, 255; A 1977, 244; 1983, 1287; 1985, 560; 1987, 340; 1991, 1682; 1993, 2182; 1995, 2264; 1997, 759; 2001, 1949, 2948; 2003, 200, 210; 2007, 1152, 2588)
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; top three primary and ranked (instant runoff) general election
(a) Upon completion of counting all votes cast in a primary election, except as provided in NRS 293.260 subpart 4, the candidates receiving the three highest total votes for each partisan and non-partisan office will be declared nominated and be entered on the general election ballot.
(b) 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.
(b)Upon completion of counting all votes cast in the general election, except as provided in NRS 293.260 subpart 4:
(1) If a candidate receives first choice votes totaling at least 50% +1 of the total first choice votes cast for the office for which the candidate was nominated, that candidate will be declared elected to that office.
(2) If no candidate receives at least 50% +1 of the total first choice votes cast for the office for which the candidate was nominated:
(a) The candidate that received the lowest total of first choice votes will be considered to have lost and is eliminated from the runoff.
(b) The second choice votes of those voters who cast first choice votes for the candidate eliminated under subpart (2)(a) above will be allocated to the remaining candidates according to the second choice indicated on the ballot of the voter who cast a first choice vote for the eliminated candidate and included in the total votes received of the remaining two candidates.
(c) Following allocation of the second choice votes, the candidate with the highest number of total votes will be declared elected to that office.
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, is elected as described in NRS 293-3677 subpart 4(b), 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)
1. When all the votes have been counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes the candidate received. The vote for and against any question submitted to the electors must be entered in the same manner.
2. The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:
(a) A primary election held in an even-numbered year; or
(b) A general election including first and second choice votes.
NRS 293.393 Preparation of abstracts of votes cast at general election or other statewide election; certificates of election.
1. On or before the sixth working day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation.
3. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices as prescribed in NRS 293.3677 subpart 4(b).
4. Each certificate must be delivered to the person elected upon application at the office of the county clerk.
(Added to NRS by 1960, 262; A 1961, 292; 1963, 1375; 1965 Special Session, 4; 1971, 1415; 1987, 350; 1989, 1666; 1997, 3464; 2007, 621)
NRS 293.395 Transmission of copy of certified abstract of votes and mechanized report to Secretary of State; canvass of vote by justices of Supreme Court; Governor to grant certificates of election and issue proclamations.
1. The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of that abstract in compliance with regulations adopted by the Secretary of State,
Ê and forthwith transmit them to the Secretary of State.
2. On the fourth Tuesday of November after each general election, the justices of the Supreme Court, or a majority thereof, shall meet with the Secretary of State, and shall open and canvass the vote for the number of presidential electors to which this State may be entitled, United States Senator, Representative in Congress, members of the Legislature, state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.
3. The Governor shall issue certificates of election to and commission the persons having the highest number of votes as prescribed in NRS 293.3677 subpart 4(b)and shall issue proclamations declaring the election of those persons.
(Added to NRS by 1960, 262; A 1965 Special Session, 4; 1969, 65; 1971, 1415; 1987, 1371; 1989, 1666; 1991, 1106; 1997, 3465; 2003, 1706)
NRS 293.397 Prohibitions against withholding certificate of election or commission. A certificate of election or commission must not be withheld from the person having the highest number of votes for the office as prescribed in NRS 293.3677 subpart 4(b) because of any contest of election filed in the election or any defect or informality in the returns of any election, if it can be ascertained with reasonable certainty from the returns what office is intended and who is entitled to the certificate or commission.
1. If, in any contest, the court finds from the evidence that a person other than the defendant received the greatest number of legal votes did in fact receive among the top three highest total of votes cast in a primary or the highest number of total first and second choice votes in a general election, the court, as a part of the judgment, shall declare that person elected or nominated.
2. The person declared nominated or elected by the court is entitled to a certificate of nomination or election. If a certificate has not been issued to that person, the county clerk, city clerk or Secretary of State shall execute and deliver to the person a certificate of election or a certificate of nomination.
3. If a certificate of election or nomination to the same office has been issued to any person other than the one declared elected by the court, that certificate must be annulled by the judgment of the court.
4. Whenever an election is annulled or set aside by the court, and the court does not declare some candidate elected, the certificate of election or the commission, if any has been issued, is void and the office is vacant.
(Added to NRS by 1960, 264; A 1987, 352)
NRS 293.427 Contest of general election for office of State Legislator: Seating of candidate with highest number of votes; withdrawal of statement of contest; hearing and deciding of contest by appropriate house of Legislature; certificates of election; remedy.
1. The Secretary of State shall deliver the statement of contest filed pursuant to NRS 293.425 and all other documents, including any amendments to the statement, to the presiding officer of the appropriate house of the Legislature on the day of the organization of the Legislature.
2. Until the contest has been decided, the candidate who received the highest number of first and second choice (if applicable) votes for the office in the contested election must be seated as a member of the appropriate house.
3. If, before the contest has been decided, a contestant gives written notice to the Secretary of State that the contestant wishes to withdraw his or her statement of contest, the Secretary of State shall dismiss the contest.
4. The contest, if not dismissed, must be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried. If after hearing the contest, the house decides to declare the contestant elected, the Governor shall execute a certificate of election and deliver it to the contestant. The certificate of election issued to the other candidate is thereafter void.
5. In a contest of a general election for the office of Assemblyman, Assemblywoman or Senator, the house in which a contest was tried or was to be tried shall determine the remedy, if any, to be awarded to a party to such a contest. The remedy may include, without limitation, any costs incurred by a party in connection with the contest.
NRS 293.430 Contest of general election for office of Governor, Lieutenant Governor or justice of Supreme Court: Filing of documents and other evidence with Secretary of State; seating of candidate; duties of Secretary of State and Legislature; withdrawal of contest.
1. If the contest is of the general election for the office of Governor, Lieutenant Governor or justice of the Supreme Court, the statement of contest and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for filing statements of contests with the clerk of the district court.
2. Until the contest is decided, the candidate who received the highest number of first and second choice, (if applicable) votes for the office in the contested election must be seated and commence the duties of the office.
3. The Secretary of State shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on the day of the organization of the Legislature.
4. A joint session of both houses must be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
5. If, before the contest has been decided, a contestant gives written notice to the Secretary of State that the contestant wishes to withdraw his or her statement of contest, the Secretary of State shall dismiss the contest.
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 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 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 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 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.
11. Sample ballots will include the party affiliation or status as a registered non-partisan only if preceded by the words “self-designated political affiliation preference”. Candidates may opt to not include their self-designated political affiliation preference. This statement is for voter information only and does not indicate the named political party has officially nominated or endorsed the candidate.
(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)
NRS 293.841 Party affiliation, status as a registered non-partisan, or self-designated political affiliation preference listed on campaign material, web site, or social media
1. It is recommended that party affiliation preference, status as a registered non-partisan, or self-designated political affiliation preference of any candidate not be included as part of the identification of the candidate. Listing of party affiliation, status as a registered non-partisan, or self-designated political affiliation preference should be limited to either:
(a) List of organizations the candidate is a member of
(b) List of endorsements received by the candidate
2. If party affiliation, status as a registered non-partisan, or self-designated political affiliation preference is listed as recommended in subpart 1(a) or (b) above, the font must be the same as other listings in the group.
If the changes are adopted by the legislature and signed by the governor, changes will be effective January 1, 2016.
CHAPTER 293B – MECHANICAL VOTING SYSTEMS
GENERAL PROVISIONS
NRS 293B.010 Definitions.
NRS 293B.027 “Election board” defined.
NRS 293B.032 “Mechanical recording device” defined.
NRS 293B.033 “Mechanical voting system” defined.
NRS 293B.050 Authorization for use of mechanical voting system.
NRS 293B.053 Applicability of chapter to city elections.
NRS 293B.055 Applicability of other statutes, charters and ordinances.
NRS 293B.060 Conflicting laws inapplicable.
REQUIREMENTS
NRS 293B.063 System to meet or exceed standards established by Federal Election Commission pursuant to federal law.
NRS 293B.065 Privacy and independence.
NRS 293B.070 Full choice of candidates and measures.
NRS 293B.075 Full choice of candidates for offices; vote against all candidates.
NRS 293B.080 “Straight” or “split” ticket.
NRS 293B.082 Record of votes cast; record printed on paper.
NRS 293B.084 Required features and design of mechanical recording device which directly records votes electronically; availability and use of paper record for manual audit.
NRS 293B.085 Several elective to same offices; effect of overvote.
NRS 293B.090 Prevention of voting more than once.
NRS 293B.095 Measures on which voter is entitled to vote.
NRS 293B.100 Correct registration or recording of votes.
NRS 293B.103 Voting receipts.
APPROVAL AND ADOPTION
NRS 293B.104 Secretary of State not to approve system that does not meet federal standards.
NRS 293B.105 Purchase, adoption and use of mechanical voting system and mechanical recording device by local officers; approval of system or device by Secretary of State; change or improvement of system or device; regulations.
NRS 293B.110 Adoption of different voting devices for different precincts or districts.
NRS 293B.115 Provision of mechanical recording devices for polling places; custody when not in use.
NRS 293B.120 Adoption of mechanical voting system for experimental use in certain precincts.
NRS 293B.122 Purchase of mechanical recording devices by Secretary of State for lease to counties.
NRS 293B.124 Lease of mechanical recording devices by counties with option to purchase: Contents of agreement; deposit of rental payments.
NRS 293B.125 Cost of mechanical voting system; payment for system.
COMPUTER PROGRAMS
NRS 293B.130 Requirements.
NRS 293B.135 Filing before election; inspection.
TESTING OF EQUIPMENT AND PROGRAMS
NRS 293B.140 Appointment of accuracy certification board.
NRS 293B.145 Observation of conduct of tests.
NRS 293B.150 Tests required before first day of early voting.
NRS 293B.155 Procedure for conducting tests; inspection of results of test.
NRS 293B.165 Tests required before and after counting of ballots; certification of tests by accuracy certification board.
NRS 293B.170 Sealing and disposition of programs and ballots.
BALLOTS
NRS 293B.175 Official ballot in mechanical voting system.
NRS 293B.180 Applicability of provisions governing mechanical voting systems and paper ballots.
NRS 293B.185 Procedure to be followed if ballot larger than capacity of mechanical recording device.
NRS 293B.190 Primary elections: Partisan and nonpartisan arrangement of list of candidates and measures to be voted on at election.
NRS 293B.195 Sample ballots: Open for inspection.
NRS 293B.200 Sample ballots: Size; instructions for voting.
NRS 293B.205 Sample ballots: Availability at polling place; form.
PREPARATION FOR OPENING POLLS
NRS 293B.220 Preparation of mechanical recording devices for use in voting.
NRS 293B.225 Employment of competent persons by clerk; oaths.
NRS 293B.230 Employment of qualified persons only.
NRS 293B.235 Duties of assistants before opening polls.
NRS 293B.240 Testing of mechanical recording device by clerk.
NRS 293B.245 Examination of mechanical recording devices by representatives of political parties before election.
NRS 293B.250 Light in voting booth.
NRS 293B.255 Booth must conceal mechanical recording device.
NRS 293B.260 Instruction of members of election board before election.
NRS 293B.265 Uninstructed members not to serve; exception.
NRS 293B.270 Meetings for instruction; duty to attend.
NRS 293B.275 Record of attendance at instructional meetings: Certification; effect.
NRS 293B.283 Election board to ensure ballots previously voted on mechanical voting system not recorded as voted on that day.
CONDUCT OF VOTING
NRS 293B.285 Visibility and placement of mechanical recording devices.
NRS 293B.290 Periodic inspection of mechanical recording devices.
NRS 293B.295 Exclusion of voter until right to vote ascertained.
NRS 293B.300 Primary elections: Issuance of partisan ballot; directions to voter.
NRS 293B.305 Primary elections: Issuance of nonpartisan ballot; alternative directions to voter.
NRS 293B.310 Primary elections: Optional manner of voting when party comprises less than 5 percent of voters.
NRS 293B.315 Information concerning operation of mechanical recording device to be given to voter before entering booth; subsequent information.
PROCESSING OF BALLOTS
NRS 293B.330 Duties of election board upon and after closing of polls; public may observe handling of ballots.
NRS 293B.335 Delivery of ballots and election materials to receiving center or counting place; disposition of other materials; members of general public allowed to observe delivery.
NRS 293B.340 Intermediate point may be designated as receiving center; handling procedures.
NRS 293B.345 Board relieved of responsibility after delivery and receipt.
NRS 293B.350 Clerk to supervise operation of central counting place.
NRS 293B.353 Clerk to allow members of general public to observe counting of ballots at central counting place; members of general public allowed to photograph or otherwise record counting of ballots; request for photograph or recording of counting of ballots.
NRS 293B.354 Clerk to submit plans to Secretary of State for accommodation of members of general public who observe delivery, counting, handling and processing of ballots.
NRS 293B.355 Responsibility for proper operation and use of computer or counting device owned or leased by State.
NRS 293B.360 Creation of special election boards; appointment of members to boards.
NRS 293B.365 Duties of central ballot inspection board.
NRS 293B.370 Duties of absent ballot mailing precinct inspection board.
NRS 293B.375 Duties of ballot duplicating board.
NRS 293B.380 Ballot processing and packaging board: Composition; duties.
NRS 293B.385 Computer program and processing accuracy board: Appointment; duties.
NRS 293B.390 Additional duties of accuracy certification board.
NRS 293B.400 Paper record required in event of recount or contest of election; duty of clerk to collect and deposit paper records.
NRS 293B.070 Full choice of candidates and measures. A mechanical voting system must provide facilities for voting for the candidates of as many political parties or organizations as may make nominations as many candidates as may be eligible to run for any office, and for or against measures.
(Added to NRS by 1975, 1523; A 1985, 1099)
NRS 293B.075 Full choice of candidates for offices; vote against all candidates. A mechanical voting system must permit the voter to vote for any person or choice of persons for any office for which he or she has the right to vote, but none other, or indicate a vote against all candidates.
(Added to NRS by 1975, 1523; A 1985, 1099)
NRS 293B.080 “Straight” or “split” ticket. A mechanical voting system must, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties. they are entitled to vote for.
(Added to NRS by 1975, 1523; A 1985, 1099; 1995, 2632)
COMPUTER PROGRAMS
1. Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including, but not limited to, overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the registration of the voter must not be counted.
(c) If the election is:
(1) A primary election held in an even-numbered year; or
(2) A general election,
Ê the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
(d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.
2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
3. The county clerk shall take such measures as he or she deems necessary to protect the program from being altered or damaged.
(Added to NRS by 1975, 1525; A 1979, 1304; 1985, 1101; 1987, 357; 1989, 229; 1993, 2199; 1995, 2632; 1997, 1608, 3470; 1999, 679)
TESTING OF EQUIPMENT AND PROGRAMS
NRS 293B.140 Appointment of accuracy certification board. Before conducting the test required pursuant to the provisions of NRS 293B.150, the county or city clerk shall appoint three persons, not more than two of whom are of the same political party, one of which must be a person registered as non-partisan and one who is registered in a minor political party, to vote in the state to serve as an accuracy certification board. Not more than two of the persons appointed to the board may be employees of the county or city.
(Added to NRS by 1975, 1525; A 1987, 357; 1993, 2199)
1. The accuracy certification board shall observe the conduct of the tests prescribed by NRS 293B.150 and 293B.165.
2. Representatives of the various political parties, representatives officially designated by the campaigns of any registered non-partisan candidate, candidates and the press may also observe the conduct of such tests.
(Added to NRS by 1975, 1526)
1. The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so voted or marked as to record a predetermined number of valid votes for each candidate and on each measure, accurately record the top three highest vote totals in a primary election situation, accurately perform an instant runoff, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the mechanical recording device or the automatic tabulating equipment and programs to reject those votes.
2. If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the mechanical recording device or the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the mechanical recording device or automatic tabulating equipment and computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, and seal the program, if any, and the reports and all test material in an appropriate container. The container must be kept sealed by the clerk.
4. Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk’s office for public inspection.
(Added to NRS by 1975, 1526; A 1981, 1743; 1987, 358; 1989, 2171; 1995, 2788; 1999, 3554; 2007, 1167, 2606)
NRS 293B.190 Primary elections: Partisan and nonpartisan arrangement of list of candidates and measures to be voted on at election. When used in primary elections, the list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, must be so arranged that it contains a page or pages setting forth the ballot of one major political party partisan offices only, followed by a page or pages setting forth the nonpartisan ballot and so that the voter may cast partisan and nonpartisan votes on a single ballot but may not cast partisan votes for a candidate of another major political party.
(Added to NRS by 1975, 1524; A 1985, 1102; 1989, 229)
NRS 293B.245 Examination of mechanical recording devices by representatives of political parties before election. Before preparing mechanical recording devices for any election, the county clerk shall mail written notices to the chairs of the county central committees of at least two of the principal political parties, all political parties with candidates appearing on the primary ballot as well as all registered non-partisan candidates stating the time and place where the devices will be prepared. At the specified time, one representative of each such political party designated group must be afforded an opportunity to see that the devices are in proper condition for use in the election. The representatives shall not interfere with the persons assigned to prepare the devices or assume any of their duties.
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
1. In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which contains a distinctive code associated with the major political party of the voter and on which is clearly printed the name of the party.
2. If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt on which is clearly printed the name of the major political party of the voter.
3. The member of the election board shall direct the partisan voter to a mechanical recording device containing the list of offices and candidates arranged for the voter’s major political party in the manner provided in NRS 293B.190.
(Added to NRS by 1975, 1525; A 1985, 1105; 1987, 360, 1373; 1989, 230; 1995, 2789; 1997, 2787; 2007, 1168, 2607)
(Added to NRS by 1975, 1525; A 1987, 360)
1. To facilitate the processing and computation of votes cast at any election conducted under a mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board;
(e)An instant runoff board; and
(e) Such additional boards or appoint such officers as the county clerk deems necessary for the expeditious processing of ballots.
2. Except as otherwise provided in subsection 3, the county clerk may determine the number of members to constitute any board. The county clerk shall make any appointments from among competent persons who are registered voters in this State. The members of each board must represent all political parties and candidates registered as non-partisan as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he or she is appointed.
3. If the county clerk creates a ballot duplicating board, the county clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.
4. All persons appointed pursuant to this section serve at the pleasure of the county clerk.
NRS 293B.381 The instant runoff board will perform duties similar to the ballot processing and packaging board except those actions will be limited to the instant runoff application if required.
If the changes are adopted by the legislature and signed by the governor, changes will be effective January 1, 2016.
CHAPTER 293C – CITY ELECTIONS
GENERAL PROVISIONS
NRS 293C.100 Applicability of chapter.
NRS 293C.110 Conduct of city election controlled by governing body; exceptions.
NRS 293C.112 Governing body authorized to conduct city election by mail under certain circumstances.
NRS 293C.115 Governing body of general law city authorized to choose dates for primary and general elections; dates to be in accordance with this chapter or chapter 293 of NRS; effect upon terms of serving city officials.
NRS 293C.120 Governing body to provide ballots and supplies.
GENERAL ELECTIONS
NRS 293C.140 Date of general city election in cities of population categories one and two; candidates to be voted upon by electors at large; terms of council members; exceptions.
NRS 293C.145 Date of general city election in city of population category three; number of council members; terms of mayor and council members; procedure for filing declaration of candidacy; candidates for mayor to be voted upon by electors at large; candidates for city council to be voted upon by electors of ward or electors at large; exceptions.
NOMINATIONS AND CANDIDATES
NRS 293C.175 Date of primary city election; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; placement of names of candidates on ballot for general city election; exceptions.
NRS 293C.180 Declaration of nominees: Omission and appearance of names on primary ballot; declaration of single candidate as elected to office.
NRS 293C.185 Declaration or acceptance of candidacy: Filing required before name may be printed on ballot; form; contents; address of candidate; retention of proof of identity and residency; appointment of agent for service of process; investigation and disqualification of candidate who has been convicted of felony and has not had civil rights restored.
NRS 293C.186 Written challenges of qualifications of candidates.
NRS 293C.1865 Penalty for willfully filing declaration or acceptance of candidacy with knowledge it contains false statement; posting of notice of disqualification at polling place required in certain circumstances.
NRS 293C.187 Contents and publication of notice of primary or general city election.
NRS 293C.190 Procedure for filling vacancy in nomination.
NRS 293C.195 Procedure for withdrawing candidacy.
NRS 293C.200 Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy.
ELECTION BOARDS
NRS 293C.220 Appointment of officers by city clerk; appointment of law enforcement officers for polling places; appointment of trainees.
NRS 293C.222 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.
NRS 293C.225 Recommendations by chair of persons suitable for service.
NRS 293C.227 Delivery of notice of appointment to officer or trainee.
NRS 293C.228 Notice of unwillingness to serve as officer or trainee; appointment of replacement.
NRS 293C.230 Appointment of single central election board for mailing precincts.
NRS 293C.240 Appointment and duties of absent ballot central counting board; no central election board if absent ballot central counting board appointed.
NRS 293C.245 Appointment and number of officers on absent ballot central counting board; appointment of law enforcement officers; absent ballot central counting board under direction of city clerk.
BALLOTS
NRS 293C.255 Name of candidate on ballot not to include title, designation of profession or occupation.
NRS 293C.256 Absent ballot or ballot voted in mailing precinct to be voted on paper ballot.
NRS 293C.257 Form of ballot for primary city election; names of candidates to be grouped alphabetically; exception.
NRS 293C.260 Form of ballot for general city election; names of candidates to be grouped alphabetically; exception.
NRS 293C.261 Ballot to indicate date of election and at which election ballot will be used.
NRS 293C.262 Order of listing offices and questions; division of ballots; color of ballots and voting receipts.
VOTING AT POLLS
NRS 293C.265 Voting in person required at first city election after valid registration for voter who registered to vote by mail or computer; exceptions.
NRS 293C.267 Time for opening and closing polls; duties and powers of officers of election board.
NRS 293C.268 Establishment of polling place for precinct in residential development exclusively for elderly persons.
NRS 293C.2685 Polling place not to be established in any building named for candidate appearing on ballot.
NRS 293C.269 Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.
NRS 293C.270 Conditions for entitlement of person to vote; forms of identification to identify registered voter.
NRS 293C.272 Identification of registered voter who is unable to sign name.
NRS 293C.275 Election board officer in charge of register required to take voter’s signature.
NRS 293C.277 Announcement of name of registered voter; grounds and procedure for challenging person’s right to vote.
NRS 293C.281 Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; provision of mechanical recording device to record votes electronically; alternative placement of specially equipped voting devices at centralized locations.
NRS 293C.282 Assistance to voter who is physically disabled or unable to read or write English.
NRS 293C.285 Change of vote on certain mechanical recording devices.
NRS 293C.290 Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.
NRS 293C.291 Posting of notice of death of candidate at polling place.
NRS 293C.292 Challenges.
NRS 293C.293 Notice of result of challenge.
NRS 293C.295 Voting by person successfully challenged on grounds of residency.
NRS 293C.297 Closing of polls; admission of voters and other persons.
NRS 293C.300 Duties of voting board before adjournment.
NRS 293C.302 Court-ordered extension of deadline for voting.
ABSENT BALLOT VOTING
NRS 293C.305 Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; ineffectiveness of legal actions to prevent issuance.
NRS 293C.306 Distribution of forms to request absent ballot.
NRS 293C.307 Request and receipt of absent ballot allows voting only by absent ballot; exception; city clerk to notify election board if absent ballot issued.
NRS 293C.310 Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.
NRS 293C.312 Limitation on time to apply for absent ballot; application available for public inspection; issuance of absent ballot; immunity of city clerk.
NRS 293C.317 Application for absent ballot because of illness, disability or absence: Requirements; delivery of ballot; voting procedure.
NRS 293C.318 Application for absent ballot because of physical disability: Requirements; voting procedure.
NRS 293C.320 City clerk to determine if applicant for absent ballot is registered voter.
NRS 293C.322 Delivery of absent ballot and voting supplies; return of absent ballot; recordation of certain information by county clerk; regulations.
NRS 293C.325 Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective through December 31, 2013.]
NRS 293C.325 Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective January 1, 2014.]
NRS 293C.327 Voting absent ballot in person in city clerk’s office.
NRS 293C.328 Electioneering prohibited near city clerk’s office during period office maintained for voting absent ballot in person; penalty.
NRS 293C.330 Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.
NRS 293C.332 Procedure for depositing absent ballots in ballot box. [Effective through December 31, 2013.]
NRS 293C.332 Procedure for depositing absent ballots in ballot box. [Effective January 1, 2014.]
NRS 293C.335 Empty envelopes and rejected ballots to be returned to city clerk. [Effective through December 31, 2013.]
NRS 293C.335 Empty envelopes and rejected ballots to be returned to city clerk. [Effective January 1, 2014.]
NRS 293C.340 Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective through December 31, 2013.]
NRS 293C.340 Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective January 1, 2014.]
VOTING IN MAILING PRECINCTS
NRS 293C.342 Eligibility of certain voters to vote by mail; effect of city clerk designating precinct as mailing precinct.
NRS 293C.345 Duty of city clerk to mail official mailing ballots to registered voters; exception.
NRS 293C.347 Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by city clerk.
NRS 293C.350 Marking and return of mailing ballot by voter.
NRS 293C.352 Duties of city clerk upon receipt of envelope which contains mailing ballot.
EARLY VOTING BY PERSONAL APPEARANCE
NRS 293C.355 Applicability of provisions.
NRS 293C.356 Issuance of ballots; voting booth for use by persons issued ballots.
NRS 293C.3561 City clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.
NRS 293C.3564 Permanent polling places for early voting.
NRS 293C.3568 Period for early voting; hours for permanent polling places.
NRS 293C.3572 Temporary branch polling places.
NRS 293C.3576 Schedule of locations and times for early voting.
NRS 293C.358 Appointment of deputy clerks.
NRS 293C.3583 Preparation of mechanical recording devices before polls open each day.
NRS 293C.3585 Procedure for voting.
NRS 293C.3594 Security precautions.
NRS 293C.3604 Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and clerks at close of last voting day.
NRS 293C.3606 Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.
NRS 293C.3608 Delivery to central counting place of printed record of votes recorded on mechanical recording device during period for early voting and of related items and devices.
NRS 293C.361 Electioneering prohibited near polling place; penalty.
RETURNS AND CANVASS
NRS 293C.3615 Record made by city clerk of receipt at central counting place of sealed container used to transport official ballots.
NRS 293C.362 Preparation by counting board to count paper ballots.
NRS 293C.365 Accounting for used and unused ballots.
NRS 293C.367 Rejection of ballots; regulations for counting ballots.
NRS 293C.368 Errors in information on certain form not grounds for rejection of absent ballot.
NRS 293C.369 Standards for counting votes; regulations.
NRS 293C.370 Counting of votes cast for deceased candidate.
NRS 293C.372 Procedure for completion of tally lists.
NRS 293C.375 Duties of officers of counting board after ballots counted if paper ballots used.
NRS 293C.380 Posting of copies of voting results.
NRS 293C.382 Initial withdrawal of absent ballots from ballot boxes; verification of proper number of absent ballots; procedure for counting.
NRS 293C.385 Withdrawal of absent ballots from ballot boxes after initial withdrawal; verification of proper number and counting of absent ballots; reporting results of count; disseminating information about count before polls close prohibited; penalty.
NRS 293C.387 Returns filed with city clerk; canvass of returns; preparation and entering of abstract of votes; limitation on inspection of returns; certificates of election.
NRS 293C.389 Inclusion of inactive voters in reports of votes prohibited.
NRS 293C.390 Disposition and inspection of ballots, lists, stubs and records of voted ballots after canvass by governing body of city.
NRS 293C.395 Prohibitions against withholding certificate of election or commission.
REGISTRATION OF VOTERS; REGISTRARS
NRS 293C.520 Designation by city clerk of building owned or leased by city as municipal facility at which electors may register to vote.
NRS 293C.525 Transfer of registration when residence changed from one precinct to another within same city or changed within same precinct; oral or written affirmation of elector; right of elector to vote.
NRS 293C.527 Close of registration; exception; office of city clerk to be open certain hours during last days before registration closes; publication of day and time registration closes; elector required to register to vote in person or by computer during certain period; hours of operation for municipal facility for voter registration.
NRS 293C.530 Sample ballots: Contents; mailing; notice of location of polling place; notice if location of polling place changed; form of ballot; cost of mailing responsibility of city.
NRS 293C.532 Persons entitled to vote; authority of governing body of city to provide supplemental registration.
NRS 293C.535 Procedure for registration of electors in incorporated cities; preparation of official election board register.
NRS 293C.540 Delivery of official register by county clerk to city clerk.
NRS 293C.542 Authority of governing body to publish list of registered voters.
NRS 293C.545 City required to compensate county registrar for certain services; payment from city general fund.
MECHANICAL VOTING SYSTEMS
Administration
NRS 293C.600 Preparation of computer program used to run computer or counting device; protection of program.
NRS 293C.615 Accuracy certification board to observe conduct of tests on equipment for mechanical voting; representatives of candidates and press authorized to observe.
NRS 293C.620 Issuance of ballots; procedure for voting.
Processing of Ballots
NRS 293C.625 Early pickup and delivery of ballots to central counting place; processing of ballots before polls close.
NRS 293C.630 Duties of election board upon and after closing of polls; public may observe handling of ballots.
NRS 293C.635 Procedure for delivery of ballots and election materials to receiving center or central counting place; disposition of other materials; members of general public allowed to observe delivery.
NRS 293C.640 Creation of special election boards; appointment of members to boards.
NRS 293C.645 Duties of central ballot inspection board.
NRS 293C.650 Duties of absent ballot mailing precinct inspection board.
NRS 293C.655 Duties of ballot duplicating board.
NRS 293C.660 Ballot processing and packaging board: Composition; duties.
NRS 293C.665 Computer program and processing accuracy board: Appointment; duties.
MISCELLANEOUS PROVISIONS
NRS 293C.700 Construction of containers used to transport official ballots.
NRS 293C.710 Loss or destruction of ballots, or other cause preventing election in precinct or district; new election.
NRS 293C.715 Website maintained by city clerk for public information relating to elections; requirements.
NRS 293C.720 City clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.
_________
_________
)
NOMINATIONS AND CANDIDATES
NRS 293C.175 Date of primary city election; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; placement of names of candidates on ballot for general city election; exceptions.
1. Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2. Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days or more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of population category one or two, one candidate receives more than a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two three candidates receiving the highest number of votes must be placed on the ballot for the general city election.
BALLOTS
NRS 293C.255 Name of candidate on ballot not to include title, designation of profession or occupation. In any election regulated by this chapter, the names of candidates as printed on the ballot must not include any title, designation or other reference that indicates the profession or occupation of the candidates.
NRS 293C.256 Absent ballot or ballot voted in mailing precinct to be voted on paper ballot. An absent ballot for a city election or a ballot for a city election voted by a voter who resides in a mailing precinct must be voted on a paper ballot.
NRS 293C.257 Form of ballot for primary city election; names of candidates to be grouped alphabetically in random order ; exception. For a primary city election, there must appear at the top of each ballot the designation “Candidates for city offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically in random order under the title and length of term of the office for which those candidates filed.
NRS 293C.260 Form of ballot for general city election; names of candidates to be grouped alphabetically in random order; exception.
1. Except as otherwise provided in NRS 293C.140, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.
2. Except as otherwise provided in NRS 293.2565, the names of candidates must be grouped alphabeticallyin random order under the title and length of term of the office for which those candidates filed.
3.The general election ballot will allow voters to make a selection of a first and second choice. Votes will be tabulated and a winner declared in accordance with NRS 293.3677.
1. A ballot prepared for use in a city election must be dated and marked in such a manner as to indicate clearly at which city election the ballot will be used.
2. If a ballot includes a detachable stub, both the ballot and the stub must include the date of the city election and indicate clearly at which city election the ballot will be used.
3. If a ballot includes a voting receipt, the voting receipt must include the date of the city election and indicate clearly at which city election the voter cast the ballot.
NRS 293C.262 Order of listing offices and questions; division of ballots; color of ballots and voting receipts.
1. The offices for which there are candidates, the names of the candidates therefor and the questions to be voted upon must be printed on ballots for a city election in the following order:
(a) City offices:
(1) Mayor;
(2) Council members according to ward in numerical order, if no wards, in alphabetically in random order; and
(3) Municipal judges.
(b) Questions presented to the voters of a city or a portion of a city with advisory questions listed in consecutive order after any other questions presented to the voters of the city.
2. The city clerk:
(a) May divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
* Fiscal Note:
While the formal fiscal notes will be prepared once the bill is introduced the following is known
1 1. According to the Clark County Registrar of Voters approximately $20,000 – $25,000 would be needed for voter outreach. Other expenses would be absorbed in daily operations.
2. 2. According to the Washoe County Registrar of Voters approximately $5,000 would be needed for voter outreach. Other expenses would be absorbed in daily operations.
3. 3. The Carson County Recorded believes there could be a need for additional poll workers to explain the changes for the first two cycles. This would be dependent on the success of voter outreach.
4. According to Dominion Voting Systems, there may be a need for new PC’s for the counties to handle RCV / IRV. They will not determine this until a formal request is received from the Secretary of State’s office. That would happen as part of the gathering of information for the formal fiscal notes.