1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | A.B. 147 |
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4 | 4 | | |
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5 | 5 | | - *AB147* |
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6 | 6 | | |
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7 | 7 | | ASSEMBLY BILL NO. 147–ASSEMBLYMEMBER HAFEN |
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8 | 8 | | |
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9 | 9 | | PREFILED JANUARY 29, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Legislative Operations and Elections |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Requires proof of identity to vote. (BDR 24-624) |
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15 | 15 | | |
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16 | 16 | | FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. |
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17 | 17 | | Effect on the State: Yes. |
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18 | 18 | | |
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19 | 19 | | ~ |
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20 | 20 | | |
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21 | 21 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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22 | 22 | | |
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23 | 23 | | |
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24 | 24 | | AN ACT relating to elections; requiring, with certain exceptions, |
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25 | 25 | | proof of identity to vote; requiring the Department of |
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26 | 26 | | Motor Vehicles, under certain circumstances, to issue |
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27 | 27 | | identification cards at no charge; requiring a voter to |
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28 | 28 | | include certain personal identifying information with his |
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29 | 29 | | or her mail ballot; clarifying that voting the mail ballot of |
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30 | 30 | | another person is a category D felony; and providing |
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31 | 31 | | other matters properly relating thereto. |
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32 | 32 | | Legislative Counsel’s Digest: |
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33 | 33 | | Existing law requires, under certain circumstances, a person to provide certain 1 |
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34 | 34 | | information to vote in person which may include, depending on the circumstances, 2 |
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35 | 35 | | proof of residency and identity, answering questions covering the voter’s personal 3 |
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36 | 36 | | data or providing additional personal data. (NRS 293.2725, 293.277, 293.285, 4 |
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37 | 37 | | 293.303, 293.3081, 293.3082, 293.3085, 293.3585, 293.541, 293C.270, 293C.275, 5 |
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38 | 38 | | 293C.292, 293C.3035, 293C.3585) Sections 11, 13, 14, 17, 22, 38, 40, 41, 43 and 6 |
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39 | 39 | | 45 of this bill require, with certain exceptions, that a person provide one of the 7 |
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40 | 40 | | forms of proof of identity specified in section 2 of this bill to vote in person. 8 |
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41 | 41 | | Section 2 sets forth the acceptable forms of proof of identity which include: (1) a 9 |
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42 | 42 | | driver’s license or identification card issued by the Department of Motor Vehicles; 10 |
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43 | 43 | | (2) an identification card issued by this State or another state, the District of 11 |
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44 | 44 | | Columbia, any territory of the United States or the United States Government; (3) 12 |
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45 | 45 | | an identification card issued by a college or university within the Nevada System of 13 |
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46 | 46 | | Higher Education or by a public technical school in this State; (4) an identification 14 |
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47 | 47 | | card issued to an employee by this State or an agency or political subdivision 15 |
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48 | 48 | | thereof, or the United States Government; (5) a passport issued by the United States 16 |
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49 | 49 | | Government; (6) a military identification card issued by any branch of the Armed 17 |
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50 | 50 | | Forces of the United States; (7) an identification card issued by a federally 18 |
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51 | 51 | | recognized Indian tribe; and (8) a permit to carry a concealed firearm. Such 19 |
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52 | 52 | | documentation: (1) must be current or expired for less than 4 years; or (2) if the 20 |
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53 | 53 | | holder is 70 years of age or older, may be expired for any length of time. Sections 21 |
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54 | 54 | | 11, 29 and 38 of this bill make conforming changes to requirements for signature 22 |
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55 | 55 | | – 2 – |
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56 | 56 | | |
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57 | 57 | | |
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58 | 58 | | - *AB147* |
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59 | 59 | | verification to reflect the contents of certain forms of proof of identity which are 23 |
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60 | 60 | | included in section 2. Section 15 of this bill requires the Secretary of State and 24 |
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61 | 61 | | each county and city clerk to ensure that instructions concerning the proof of 25 |
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62 | 62 | | identity required to vote are posted at each polling place. Sections 5, 6, 10, 12, 21, 26 |
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63 | 63 | | 23-32, 34, 39 and 44 of this bill make various conforming changes to existing 27 |
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64 | 64 | | provisions to reflect the requirement to provide proof of identity to vote in person. 28 |
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65 | 65 | | Sections 3 and 4 of this bill: (1) require the Department of Motor Vehicles to 29 |
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66 | 66 | | issue an identification card, free of charge, to a registered voter who does not 30 |
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67 | 67 | | possess one of the acceptable forms of proof of identity and attests that he or she is 31 |
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68 | 68 | | experiencing financial hardship; and (2) require the registered voter to submit 32 |
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69 | 69 | | certain information with an application for the identification card. Section 46 of 33 |
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70 | 70 | | this bill makes conforming changes to reflect that such identification card must be 34 |
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71 | 71 | | issued free of charge. 35 |
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72 | 72 | | Existing law requires a voter who votes by mail ballot to affix his or her 36 |
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73 | 73 | | signature on the return envelope of the mail ballot for the county clerk or city clerk 37 |
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74 | 74 | | to check the signature to verify the identity of the voter. (NRS 293.269917, 38 |
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75 | 75 | | 293.269927, 293C.26316, 293C.26327) Sections 8 and 36 of this bill also require a 39 |
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76 | 76 | | voter who votes by mail ballot to write on the return envelope the last four digits of 40 |
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77 | 77 | | his or her driver’s license number issued by the Department of Motor Vehicles or, 41 |
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78 | 78 | | if he or she does not have such a number, the last four digits of his or her social 42 |
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79 | 79 | | security number. If he or she does not have a driver’s license or a social security 43 |
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80 | 80 | | number, sections 8 and 36 require the voter to provide the identification number 44 |
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81 | 81 | | issued to the voter by the county clerk when he or she registered to vote. Sections 9 45 |
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82 | 82 | | and 37 of this bill require the county clerk and city clerk to verify that the 46 |
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83 | 83 | | identifying numbers written on the return envelope match the information of the 47 |
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84 | 84 | | voter in the records of the county clerk or city clerk. Sections 7 and 35 of this bill 48 |
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85 | 85 | | require the return envelope sent with a mail ballot to each active registered voter to 49 |
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86 | 86 | | include a flap to cover the signature and identifying numbers of the voter. 50 |
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87 | 87 | | Sections 16 and 42 of this bill provide that a person applying to vote whose 51 |
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88 | 88 | | identity has been challenged must furnish proof of identity in response to such a 52 |
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89 | 89 | | challenge. 53 |
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90 | 90 | | Section 18 of this bill authorizes, under certain circumstances, a person who 54 |
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91 | 91 | | fails to provide proof of identity when voting in person to cast a provisional ballot. 55 |
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92 | 92 | | Section 19 of this bill makes conforming changes to the information that must be 56 |
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93 | 93 | | provided to a person who casts a provisional ballot. Section 20 of this bill provides 57 |
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94 | 94 | | that the provisional ballot of such a voter must be counted if the person provides 58 |
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95 | 95 | | proof of identity to the county clerk or city clerk, not later than 5 p.m. on the Friday 59 |
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96 | 96 | | following election day. 60 |
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97 | 97 | | Section 33 of this bill clarifies that voting the mail ballot of another person is a 61 |
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98 | 98 | | category D felony. 62 |
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99 | 99 | | |
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100 | 100 | | |
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101 | 101 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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102 | 102 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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103 | 103 | | |
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104 | 104 | | Section 1. Chapter 293 of NRS is hereby amended by adding 1 |
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105 | 105 | | thereto the provisions set forth as sections 2, 3 and 4 of this act. 2 |
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106 | 106 | | Sec. 2. “Proof of identity” means any of the following forms 3 |
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107 | 107 | | of identification which show the name of and contain a 4 |
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108 | 108 | | recognizable photograph of the person to whom the identification 5 |
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109 | 109 | | is issued: 6 |
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110 | 110 | | – 3 – |
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111 | 111 | | |
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112 | 112 | | |
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113 | 113 | | - *AB147* |
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114 | 114 | | 1. A driver’s license or identification card issued by the 1 |
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115 | 115 | | Department of Motor Vehicles. 2 |
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116 | 116 | | 2. An identification card issued by: 3 |
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117 | 117 | | (a) This State or another state, the District of Columbia or any 4 |
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118 | 118 | | territory of the United States; 5 |
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119 | 119 | | (b) The United States Government; 6 |
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120 | 120 | | (c) A college or university within the Nevada System of Higher 7 |
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121 | 121 | | Education; or 8 |
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122 | 122 | | (d) A public technical school in this State. 9 |
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123 | 123 | | 3. An employee identification card issued by this State, an 10 |
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124 | 124 | | agency or political subdivision thereof, or the United States 11 |
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125 | 125 | | Government. 12 |
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126 | 126 | | 4. A passport issued by the United States Government. 13 |
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127 | 127 | | 5. A military identification card issued by any branch of the 14 |
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128 | 128 | | Armed Forces of the United States. 15 |
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129 | 129 | | 6. An identification card issued by a federally recognized 16 |
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130 | 130 | | Indian tribe. 17 |
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131 | 131 | | 7. A permit to carry a concealed firearm issued pursuant to 18 |
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132 | 132 | | the provisions of NRS 202.3653 to 202.369, inclusive, 19 |
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133 | 133 | | which is, except as otherwise provided by specific statute, 20 |
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134 | 134 | | current or expired for less than 4 years or, if the holder is 70 years 21 |
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135 | 135 | | of age or older, current or expired for any length of time. 22 |
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136 | 136 | | Sec. 3. The Department of Motor Vehicles shall issue an 23 |
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137 | 137 | | identification card at no charge to a person who: 24 |
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138 | 138 | | 1. Is a registered voter of this State; 25 |
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139 | 139 | | 2. Does not possess a form of proof of identity described in 26 |
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140 | 140 | | section 2 of this act; 27 |
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141 | 141 | | 3. Attests that he or she is experiencing a financial hardship; 28 |
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142 | 142 | | and 29 |
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143 | 143 | | 4. Submits an application pursuant to NRS 483.850 and 30 |
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144 | 144 | | section 4 of this act. 31 |
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145 | 145 | | Sec. 4. 1. A person who wishes to obtain an identification 32 |
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146 | 146 | | card at no charge pursuant to section 3 of this act must, in 33 |
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147 | 147 | | addition to the requirements of NRS 483.850, submit to the 34 |
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148 | 148 | | Department of Motor Vehicles: 35 |
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149 | 149 | | (a) Proof that the applicant is a registered voter of this State; 36 |
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150 | 150 | | and 37 |
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151 | 151 | | (b) An attestation that he or she is experiencing a financial 38 |
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152 | 152 | | hardship. 39 |
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153 | 153 | | 2. The Department of Motor Vehicles shall not require a 40 |
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154 | 154 | | person who submits an application pursuant to this section to 41 |
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155 | 155 | | provide proof of financial hardship. 42 |
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156 | 156 | | Sec. 5. NRS 293.010 is hereby amended to read as follows: 43 |
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157 | 157 | | 293.010 As used in this title, unless the context otherwise 44 |
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158 | 158 | | requires, the words and terms defined in NRS 293.016 to 293.121, 45 |
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159 | 159 | | – 4 – |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | - *AB147* |
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163 | 163 | | inclusive, and section 2 of this act have the meanings ascribed to 1 |
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164 | 164 | | them in those sections. 2 |
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165 | 165 | | Sec. 6. NRS 293.177 is hereby amended to read as follows: 3 |
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166 | 166 | | 293.177 1. Except as otherwise provided in NRS 293.165 4 |
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167 | 167 | | and 293.166, a name may not be printed on a ballot to be used at a 5 |
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168 | 168 | | primary election unless the person named has filed a declaration of 6 |
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169 | 169 | | candidacy with the appropriate filing officer and paid the filing fee 7 |
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170 | 170 | | required by NRS 293.193 not earlier than: 8 |
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171 | 171 | | (a) For a candidate for judicial office, the first Monday in 9 |
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172 | 172 | | January of the year in which the election is to be held and not later 10 |
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173 | 173 | | than 5 p.m. on the second Friday after the first Monday in January; 11 |
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174 | 174 | | and 12 |
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175 | 175 | | (b) For all other candidates, the first Monday in March of the 13 |
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176 | 176 | | year in which the election is to be held and not later than 5 p.m. on 14 |
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177 | 177 | | the second Friday after the first Monday in March. 15 |
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178 | 178 | | 2. A declaration of candidacy required to be filed pursuant to 16 |
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179 | 179 | | this chapter must be in substantially the following form: 17 |
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180 | 180 | | (a) For partisan office: 18 |
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181 | 181 | | 19 |
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182 | 182 | | DECLARATION OF CANDIDACY OF ........ FOR THE 20 |
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183 | 183 | | OFFICE OF ................ 21 |
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184 | 184 | | 22 |
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185 | 185 | | State of Nevada 23 |
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186 | 186 | | 24 |
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187 | 187 | | County of ........................ 25 |
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188 | 188 | | 26 |
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189 | 189 | | For the purpose of having my name placed on the official 27 |
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190 | 190 | | ballot as a candidate for the ................ Party nomination for 28 |
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191 | 191 | | the office of ........., I, the undersigned ........, do swear or 29 |
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192 | 192 | | affirm under penalty of perjury that I actually, as opposed to 30 |
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193 | 193 | | constructively, reside at .........., in the City or Town of ......., 31 |
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194 | 194 | | County of .........., State of Nevada; that my actual, as opposed 32 |
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195 | 195 | | to constructive, residence in the State, district, county, 33 |
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196 | 196 | | township, city or other area prescribed by law to which the 34 |
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197 | 197 | | office pertains began on a date at least 30 days immediately 35 |
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198 | 198 | | preceding the date of the close of filing of declarations of 36 |
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199 | 199 | | candidacy for this office; that my telephone number is 37 |
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200 | 200 | | ............, and the address at which I receive mail, if different 38 |
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201 | 201 | | than my residence, is .........; that I am registered as a member 39 |
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202 | 202 | | of the ................ Party; that I am a qualified elector pursuant 40 |
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203 | 203 | | to Section 1 of Article 2 of the Constitution of the State of 41 |
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204 | 204 | | Nevada; that if I have ever been convicted of treason or a 42 |
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205 | 205 | | felony, my civil rights have been restored; that I have not, in 43 |
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206 | 206 | | violation of the provisions of NRS 293.176, changed the 44 |
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207 | 207 | | designation of my political party or political party affiliation 45 |
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208 | 208 | | – 5 – |
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209 | 209 | | |
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210 | 210 | | |
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211 | 211 | | - *AB147* |
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212 | 212 | | on an official application to register to vote in any state since 1 |
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213 | 213 | | December 31 before the closing filing date for this election; 2 |
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214 | 214 | | that I generally believe in and intend to support the concepts 3 |
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215 | 215 | | found in the principles and policies of that political party in 4 |
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216 | 216 | | the coming election; that if nominated as a candidate of the 5 |
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217 | 217 | | ................ Party at the ensuing election, I will accept that 6 |
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218 | 218 | | nomination and not withdraw; that I will not knowingly 7 |
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219 | 219 | | violate any election law or any law defining and prohibiting 8 |
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220 | 220 | | corrupt and fraudulent practices in campaigns and elections in 9 |
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221 | 221 | | this State; that I will qualify for the office if elected thereto, 10 |
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222 | 222 | | including, but not limited to, complying with any limitation 11 |
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223 | 223 | | prescribed by the Constitution and laws of this State 12 |
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224 | 224 | | concerning the number of years or terms for which a person 13 |
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225 | 225 | | may hold the office; that I understand that knowingly and 14 |
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226 | 226 | | willfully filing a declaration of candidacy which contains a 15 |
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227 | 227 | | false statement is a crime punishable as a gross misdemeanor 16 |
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228 | 228 | | and also subjects me to a civil action disqualifying me from 17 |
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229 | 229 | | entering upon the duties of the office; and that I understand 18 |
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230 | 230 | | that my name will appear on all ballots as designated in this 19 |
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231 | 231 | | declaration. 20 |
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232 | 232 | | 21 |
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233 | 233 | | ................................................................ 22 |
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234 | 234 | | (Designation of name) 23 |
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235 | 235 | | 24 |
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236 | 236 | | ................................................................ 25 |
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237 | 237 | | (Signature of candidate for office) 26 |
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238 | 238 | | 27 |
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239 | 239 | | Subscribed and sworn to before me 28 |
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240 | 240 | | this ...... day of the month of ...... of the year ...... 29 |
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241 | 241 | | 30 |
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242 | 242 | | ...................................................................... 31 |
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243 | 243 | | Notary Public or other person 32 |
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244 | 244 | | authorized to administer an oath 33 |
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245 | 245 | | 34 |
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246 | 246 | | (b) For nonpartisan office: 35 |
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247 | 247 | | 36 |
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248 | 248 | | DECLARATION OF CANDIDACY OF ........ FOR THE 37 |
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249 | 249 | | OFFICE OF ................ 38 |
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250 | 250 | | 39 |
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251 | 251 | | State of Nevada 40 |
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252 | 252 | | 41 |
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253 | 253 | | County of ........................ 42 |
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254 | 254 | | 43 |
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255 | 255 | | For the purpose of having my name placed on the official 44 |
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256 | 256 | | ballot as a candidate for the office of ................, I, the 45 |
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257 | 257 | | – 6 – |
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258 | 258 | | |
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259 | 259 | | |
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260 | 260 | | - *AB147* |
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261 | 261 | | undersigned ................, do swear or affirm under penalty of 1 |
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262 | 262 | | perjury that I actually, as opposed to constructively, reside at 2 |
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263 | 263 | | ........., in the City or Town of ......., County of ........., State of 3 |
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264 | 264 | | Nevada; that my actual, as opposed to constructive, residence 4 |
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265 | 265 | | in the State, district, county, township, city or other area 5 |
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266 | 266 | | prescribed by law to which the office pertains began on a date 6 |
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267 | 267 | | at least 30 days immediately preceding the date of the close 7 |
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268 | 268 | | of filing of declarations of candidacy for this office; that my 8 |
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269 | 269 | | telephone number is ..........., and the address at which I 9 |
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270 | 270 | | receive mail, if different than my residence, is ..........; that I 10 |
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271 | 271 | | am a qualified elector pursuant to Section 1 of Article 2 of the 11 |
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272 | 272 | | Constitution of the State of Nevada; that if I have ever been 12 |
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273 | 273 | | convicted of treason or a felony, my civil rights have been 13 |
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274 | 274 | | restored; that if nominated as a nonpartisan candidate at the 14 |
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275 | 275 | | ensuing election, I will accept the nomination and not 15 |
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276 | 276 | | withdraw; that I will not knowingly violate any election law 16 |
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277 | 277 | | or any law defining and prohibiting corrupt and fraudulent 17 |
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278 | 278 | | practices in campaigns and elections in this State; that I will 18 |
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279 | 279 | | qualify for the office if elected thereto, including, but not 19 |
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280 | 280 | | limited to, complying with any limitation prescribed by the 20 |
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281 | 281 | | Constitution and laws of this State concerning the number of 21 |
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282 | 282 | | years or terms for which a person may hold the office; that I 22 |
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283 | 283 | | understand that knowingly and willfully filing a declaration 23 |
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284 | 284 | | of candidacy which contains a false statement is a crime 24 |
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285 | 285 | | punishable as a gross misdemeanor and also subjects me to a 25 |
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286 | 286 | | civil action disqualifying me from entering upon the duties of 26 |
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287 | 287 | | the office; and that I understand that my name will appear on 27 |
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288 | 288 | | all ballots as designated in this declaration. 28 |
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289 | 289 | | 29 |
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290 | 290 | | ................................................................ 30 |
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291 | 291 | | (Designation of name) 31 |
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292 | 292 | | 32 |
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293 | 293 | | ................................................................ 33 |
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294 | 294 | | (Signature of candidate for office) 34 |
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295 | 295 | | 35 |
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296 | 296 | | Subscribed and sworn to before me 36 |
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297 | 297 | | this ...... day of the month of ...... of the year ...... 37 |
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298 | 298 | | 38 |
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299 | 299 | | ...................................................................... 39 |
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300 | 300 | | Notary Public or other person 40 |
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301 | 301 | | authorized to administer an oath 41 |
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302 | 302 | | 42 |
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303 | 303 | | 3. The address of a candidate which must be included in the 43 |
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304 | 304 | | declaration of candidacy pursuant to subsection 2 must be the street 44 |
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305 | 305 | | address of the residence where the candidate actually, as opposed to 45 |
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306 | 306 | | – 7 – |
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307 | 307 | | |
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308 | 308 | | |
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309 | 309 | | - *AB147* |
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310 | 310 | | constructively, resides in accordance with NRS 281.050, if one has 1 |
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311 | 311 | | been assigned. The declaration of candidacy must not be accepted 2 |
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312 | 312 | | for filing if the candidate fails to comply with the following 3 |
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313 | 313 | | provisions of this subsection or, if applicable, the provisions of 4 |
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314 | 314 | | subsection 4: 5 |
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315 | 315 | | (a) The candidate shall not list the candidate’s address as a post 6 |
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316 | 316 | | office box unless a street address has not been assigned to his or her 7 |
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317 | 317 | | residence; and 8 |
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318 | 318 | | (b) Except as otherwise provided in subsection 4, the candidate 9 |
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319 | 319 | | shall present to the filing officer: 10 |
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320 | 320 | | (1) A valid driver’s license or identification card issued by a 11 |
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321 | 321 | | governmental agency that contains a photograph of the candidate 12 |
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322 | 322 | | and the candidate’s residential address; or 13 |
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323 | 323 | | (2) A current utility bill, bank statement, paycheck, or 14 |
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324 | 324 | | document issued by a governmental entity, including a check which 15 |
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325 | 325 | | indicates the candidate’s name and residential address, but not 16 |
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326 | 326 | | including a voter registration card. 17 |
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327 | 327 | | 4. If the candidate executes an oath or affirmation under 18 |
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328 | 328 | | penalty of perjury stating that the candidate is unable to present to 19 |
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329 | 329 | | the filing officer the proof of residency required by subsection 3 20 |
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330 | 330 | | because a street address has not been assigned to the candidate’s 21 |
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331 | 331 | | residence or because the rural or remote location of the candidate’s 22 |
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332 | 332 | | residence makes it impracticable to present the proof of residency 23 |
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333 | 333 | | required by subsection 3, the candidate shall present to the filing 24 |
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334 | 334 | | officer: 25 |
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335 | 335 | | (a) A valid driver’s license or identification card issued by a 26 |
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336 | 336 | | governmental agency that contains a photograph of the candidate; 27 |
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337 | 337 | | and 28 |
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338 | 338 | | (b) Alternative proof of the candidate’s residential address that 29 |
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339 | 339 | | the filing officer determines is sufficient to verify where the 30 |
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340 | 340 | | candidate actually, as opposed to constructively, resides in 31 |
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341 | 341 | | accordance with NRS 281.050. The Secretary of State may adopt 32 |
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342 | 342 | | regulations establishing the forms of alternative proof of the 33 |
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343 | 343 | | candidate’s residential address that the filing officer may accept to 34 |
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344 | 344 | | verify where the candidate actually, as opposed to constructively, 35 |
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345 | 345 | | resides in accordance with NRS 281.050. 36 |
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346 | 346 | | 5. The filing officer shall retain a copy of the documents and 37 |
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347 | 347 | | proof of [identity and] residency provided by the candidate pursuant 38 |
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348 | 348 | | to subsection 3 or 4. Such a copy: 39 |
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349 | 349 | | (a) May not be withheld from the public; and 40 |
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350 | 350 | | (b) Must not contain the social security number, driver’s license 41 |
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351 | 351 | | or identification card number or account number of the candidate. 42 |
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352 | 352 | | 6. By filing the declaration of candidacy, the candidate shall be 43 |
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353 | 353 | | deemed to have appointed the filing officer for the office as his or 44 |
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354 | 354 | | her agent for service of process for the purposes of a proceeding 45 |
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355 | 355 | | – 8 – |
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356 | 356 | | |
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357 | 357 | | |
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358 | 358 | | - *AB147* |
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359 | 359 | | pursuant to NRS 293.182. Service of such process must first be 1 |
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360 | 360 | | attempted at the appropriate address as specified by the candidate in 2 |
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361 | 361 | | the declaration of candidacy. If the candidate cannot be served at 3 |
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362 | 362 | | that address, service must be made by personally delivering to and 4 |
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363 | 363 | | leaving with the filing officer duplicate copies of the process. The 5 |
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364 | 364 | | filing officer shall immediately send, by registered or certified mail, 6 |
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365 | 365 | | one of the copies to the candidate at the specified address, unless the 7 |
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366 | 366 | | candidate has designated in writing to the filing officer a different 8 |
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367 | 367 | | address for that purpose, in which case the filing officer shall mail 9 |
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368 | 368 | | the copy to the last address so designated. 10 |
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369 | 369 | | 7. If the filing officer receives credible evidence indicating that 11 |
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370 | 370 | | a candidate has been convicted of a felony and has not had his or her 12 |
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371 | 371 | | civil rights restored, the filing officer: 13 |
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372 | 372 | | (a) May conduct an investigation to determine whether the 14 |
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373 | 373 | | candidate has been convicted of a felony and, if so, whether the 15 |
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374 | 374 | | candidate has had his or her civil rights restored; and 16 |
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375 | 375 | | (b) Shall transmit the credible evidence and the findings from 17 |
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376 | 376 | | such investigation to the Attorney General, if the filing officer is the 18 |
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377 | 377 | | Secretary of State, or to the district attorney, if the filing officer is a 19 |
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378 | 378 | | person other than the Secretary of State. 20 |
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379 | 379 | | 8. The receipt of information by the Attorney General or 21 |
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380 | 380 | | district attorney pursuant to subsection 7 must be treated as a 22 |
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381 | 381 | | challenge of a candidate pursuant to subsections 4 and 5 of NRS 23 |
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382 | 382 | | 293.182 to which the provisions of NRS 293.2045 apply. 24 |
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383 | 383 | | 9. Any person who knowingly and willfully files a declaration 25 |
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384 | 384 | | of candidacy which contains a false statement in violation of this 26 |
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385 | 385 | | section is guilty of a gross misdemeanor. 27 |
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386 | 386 | | Sec. 7. NRS 293.269913 is hereby amended to read as 28 |
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387 | 387 | | follows: 29 |
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388 | 388 | | 293.269913 1. Except as otherwise provided in subsection 2, 30 |
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389 | 389 | | NRS 293.269911 and chapter 293D of NRS, the county clerk shall 31 |
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390 | 390 | | send to each active registered voter by first-class mail, or by any 32 |
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391 | 391 | | class of mail if the Official Election Mail logo or an equivalent logo 33 |
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392 | 392 | | or mark created by the United States Postal Service is properly 34 |
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393 | 393 | | placed: 35 |
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394 | 394 | | (a) A mail ballot; 36 |
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395 | 395 | | (b) A return envelope [;] , which must include, without 37 |
---|
396 | 396 | | limitation, a flap to cover the signature and identifying numbers of 38 |
---|
397 | 397 | | the voter required to be written on the return envelope pursuant to 39 |
---|
398 | 398 | | NRS 293.269917; 40 |
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399 | 399 | | (c) An envelope or sleeve into which the mail ballot is inserted 41 |
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400 | 400 | | to ensure its secrecy; and 42 |
---|
401 | 401 | | (d) Instructions. 43 |
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402 | 402 | | 2. In sending a mail ballot to an active registered voter, the 44 |
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403 | 403 | | county clerk shall use an envelope that may not be forwarded to an 45 |
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404 | 404 | | – 9 – |
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405 | 405 | | |
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406 | 406 | | |
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407 | 407 | | - *AB147* |
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408 | 408 | | address of the voter that is different from the address to which the 1 |
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409 | 409 | | mail ballot is mailed. 2 |
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410 | 410 | | 3. The return envelope must include postage prepaid by first-3 |
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411 | 411 | | class mail if the active registered voter is within the boundaries of 4 |
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412 | 412 | | the United States, its territories or possessions or on a military base. 5 |
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413 | 413 | | 4. Before sending a mail ballot to an active registered voter, the 6 |
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414 | 414 | | county clerk shall record: 7 |
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415 | 415 | | (a) The date the mail ballot is issued; 8 |
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416 | 416 | | (b) The name of the voter to whom the mail ballot is issued, his 9 |
---|
417 | 417 | | or her precinct or district and his or her political affiliation, if any, 10 |
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418 | 418 | | unless all the offices on the mail ballot are nonpartisan offices; 11 |
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419 | 419 | | (c) The number of the mail ballot; and 12 |
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420 | 420 | | (d) Any remarks the county clerk finds appropriate. 13 |
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421 | 421 | | 5. The Secretary of State shall prescribe: 14 |
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422 | 422 | | (a) The form of all envelopes in which mail ballots are sent to 15 |
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423 | 423 | | voters and return envelopes, which must, except as otherwise 16 |
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424 | 424 | | provided in paragraph (b), be uniform throughout the State; and 17 |
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425 | 425 | | (b) A method for distinguishing the return envelopes of each 18 |
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426 | 426 | | county which must be prominently displayed on the outside of the 19 |
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427 | 427 | | return envelope. 20 |
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428 | 428 | | Sec. 8. NRS 293.269917 is hereby amended to read as 21 |
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429 | 429 | | follows: 22 |
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430 | 430 | | 293.269917 1. Except as otherwise provided in NRS 23 |
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431 | 431 | | 293.269919 and chapter 293D of NRS, in order to vote a mail ballot, 24 |
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432 | 432 | | the voter must, in accordance with the instructions: 25 |
---|
433 | 433 | | (a) Mark and fold the mail ballot; 26 |
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434 | 434 | | (b) Deposit the mail ballot in the return envelope and seal the 27 |
---|
435 | 435 | | return envelope; 28 |
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436 | 436 | | (c) Affix his or her signature on the return envelope in the space 29 |
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437 | 437 | | provided for the signature; [and] 30 |
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438 | 438 | | (d) Write in the space provided on the return envelope one of 31 |
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439 | 439 | | the following: 32 |
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440 | 440 | | (1) The last four digits of his or her driver’s license number 33 |
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441 | 441 | | issued by the Department of Motor Vehicles; 34 |
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442 | 442 | | (2) If the voter does not have a driver’s license number 35 |
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443 | 443 | | issued by the Department of Motor Vehicles, the last four digits of 36 |
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444 | 444 | | his or her social security number; or 37 |
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445 | 445 | | (3) If the voter does not have a driver’s license number 38 |
---|
446 | 446 | | issued by the Department of Motor Vehicles or a social security 39 |
---|
447 | 447 | | number, the identification number issued by the county clerk 40 |
---|
448 | 448 | | pursuant to NRS 293.507; 41 |
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449 | 449 | | (e) Close the attached flap over the signature and identifying 42 |
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450 | 450 | | numbers written on the return envelope; and 43 |
---|
451 | 451 | | (f) Mail or deliver the return envelope in a manner authorized by 44 |
---|
452 | 452 | | law. 45 |
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453 | 453 | | – 10 – |
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454 | 454 | | |
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455 | 455 | | |
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456 | 456 | | - *AB147* |
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457 | 457 | | 2. Except as otherwise provided in chapter 293D of NRS, 1 |
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458 | 458 | | voting must be only upon candidates whose names appear upon the 2 |
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459 | 459 | | mail ballot as prepared pursuant to NRS 293.269911, and no person 3 |
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460 | 460 | | may write in the name of an additional candidate for any office. 4 |
---|
461 | 461 | | 3. If a mail ballot has been sent to a voter who applies to vote 5 |
---|
462 | 462 | | in person at a polling place, including, without limitation, a polling 6 |
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463 | 463 | | place for early voting, the voter must, in addition to complying with 7 |
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464 | 464 | | all other requirements for voting in person that are set forth in this 8 |
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465 | 465 | | chapter, surrender his or her mail ballot or sign an affirmation under 9 |
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466 | 466 | | penalty of perjury that the voter has not voted during the election. A 10 |
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467 | 467 | | person who receives a surrendered mail ballot shall mark it 11 |
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468 | 468 | | “Cancelled.” 12 |
---|
469 | 469 | | Sec. 9. NRS 293.269927 is hereby amended to read as 13 |
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470 | 470 | | follows: 14 |
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471 | 471 | | 293.269927 1. Except as otherwise provided in NRS 15 |
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472 | 472 | | 293D.200, when a mail ballot is returned by or on behalf of a voter 16 |
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473 | 473 | | to the county clerk, and a record of its return is made in the mail 17 |
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474 | 474 | | ballot record for the election, the clerk or an employee in the office 18 |
---|
475 | 475 | | of the clerk shall [check] : 19 |
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476 | 476 | | (a) Verify that the last four digits of the driver’s license 20 |
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477 | 477 | | number or social security number, as applicable, written on the 21 |
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478 | 478 | | return envelope match the information of the voter in the records 22 |
---|
479 | 479 | | of the county clerk; 23 |
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480 | 480 | | (b) If, pursuant to subparagraph (3) of paragraph (d) of 24 |
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481 | 481 | | subsection 1 of NRS 293.269917, the voter has written the 25 |
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482 | 482 | | identification number issued by the county clerk pursuant to NRS 26 |
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483 | 483 | | 293.507, verify that the identification number matches the 27 |
---|
484 | 484 | | information of the voter in the records of the county clerk; and 28 |
---|
485 | 485 | | (c) Check the signature used for the mail ballot by electronic 29 |
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486 | 486 | | means pursuant to subsection 2 or manually pursuant to 30 |
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487 | 487 | | subsection 3. 31 |
---|
488 | 488 | | 2. To check the signature used for a mail ballot by electronic 32 |
---|
489 | 489 | | means: 33 |
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490 | 490 | | (a) The electronic device must take a digital image of the 34 |
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491 | 491 | | signature used for the mail ballot and compare the digital image 35 |
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492 | 492 | | with the signatures of the voter from his or her application to 36 |
---|
493 | 493 | | register to vote or application to preregister to vote available in the 37 |
---|
494 | 494 | | records of the county clerk. 38 |
---|
495 | 495 | | (b) If the electronic device does not match the signature of the 39 |
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496 | 496 | | voter, the signature shall be reviewed manually pursuant to the 40 |
---|
497 | 497 | | provisions of subsection 3. 41 |
---|
498 | 498 | | 3. To check the signature used for a mail ballot manually, the 42 |
---|
499 | 499 | | county clerk shall use the following procedure: 43 |
---|
500 | 500 | | – 11 – |
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501 | 501 | | |
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502 | 502 | | |
---|
503 | 503 | | - *AB147* |
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504 | 504 | | (a) The clerk or employee shall check the signature used for the 1 |
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505 | 505 | | mail ballot against all signatures of the voter available in the records 2 |
---|
506 | 506 | | of the clerk. 3 |
---|
507 | 507 | | (b) If at least two employees in the office of the clerk believe 4 |
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508 | 508 | | there is a reasonable question of fact as to whether the signature 5 |
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509 | 509 | | used for the mail ballot matches the signature of the voter, the clerk 6 |
---|
510 | 510 | | shall contact the voter and ask the voter to confirm whether the 7 |
---|
511 | 511 | | signature used for the mail ballot belongs to the voter. 8 |
---|
512 | 512 | | 4. For purposes of subsection 3: 9 |
---|
513 | 513 | | (a) There is a reasonable question of fact as to whether the 10 |
---|
514 | 514 | | signature used for the mail ballot matches the signature of the voter 11 |
---|
515 | 515 | | if the signature used for the mail ballot differs in multiple, 12 |
---|
516 | 516 | | significant and obvious respects from the signatures of the voter 13 |
---|
517 | 517 | | available in the records of the clerk. 14 |
---|
518 | 518 | | (b) There is not a reasonable question of fact as to whether the 15 |
---|
519 | 519 | | signature used for the mail ballot matches the signature of the voter 16 |
---|
520 | 520 | | if: 17 |
---|
521 | 521 | | (1) The signature used for the mail ballot is a variation of the 18 |
---|
522 | 522 | | signature of the voter caused by the substitution of initials for the 19 |
---|
523 | 523 | | first or middle name, the substitution of a different type of 20 |
---|
524 | 524 | | punctuation in the first, middle or last name, the use of a common 21 |
---|
525 | 525 | | nickname or the use of one last name for a person who has two last 22 |
---|
526 | 526 | | names and it does not otherwise differ in multiple, significant and 23 |
---|
527 | 527 | | obvious respects from the signatures of the voter available in the 24 |
---|
528 | 528 | | records of the clerk; or 25 |
---|
529 | 529 | | (2) There are only slight dissimilarities between the signature 26 |
---|
530 | 530 | | used for the mail ballot and the signatures of the voter available in 27 |
---|
531 | 531 | | the records of the clerk. 28 |
---|
532 | 532 | | 5. Except as otherwise provided in subsection 6, if the clerk 29 |
---|
533 | 533 | | determines that the voter is entitled to cast the mail ballot, the clerk 30 |
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534 | 534 | | shall deposit the mail ballot in the proper ballot box or place the 31 |
---|
535 | 535 | | mail ballot, unopened, in a container that must be securely locked or 32 |
---|
536 | 536 | | under the control of the clerk at all times. The clerk shall deliver the 33 |
---|
537 | 537 | | mail ballots to the mail ballot central counting board to be processed 34 |
---|
538 | 538 | | and prepared for counting. 35 |
---|
539 | 539 | | 6. If the clerk determines when checking the signature used for 36 |
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540 | 540 | | the mail ballot that the voter failed to affix his or her signature or 37 |
---|
541 | 541 | | failed to affix it in the manner required by law for the mail ballot or 38 |
---|
542 | 542 | | that there is a reasonable question of fact as to whether the signature 39 |
---|
543 | 543 | | used for the mail ballot matches the signature of the voter, but the 40 |
---|
544 | 544 | | voter is otherwise entitled to cast the mail ballot, the clerk shall 41 |
---|
545 | 545 | | contact the voter and advise the voter of the procedures to provide a 42 |
---|
546 | 546 | | signature or a confirmation that the signature used for the mail ballot 43 |
---|
547 | 547 | | belongs to the voter, as applicable. For the mail ballot to be counted, 44 |
---|
548 | 548 | | – 12 – |
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549 | 549 | | |
---|
550 | 550 | | |
---|
551 | 551 | | - *AB147* |
---|
552 | 552 | | the voter must provide a signature or a confirmation, as applicable, 1 |
---|
553 | 553 | | not later than 5 p.m. on the sixth day following the election. 2 |
---|
554 | 554 | | 7. The clerk shall prescribe procedures for a voter who failed to 3 |
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555 | 555 | | affix his or her signature or failed to affix it in the manner required 4 |
---|
556 | 556 | | by law for the mail ballot, or for whom there is a reasonable 5 |
---|
557 | 557 | | question of fact as to whether the signature used for the mail ballot 6 |
---|
558 | 558 | | matches the signature of the voter, in order to: 7 |
---|
559 | 559 | | (a) Contact the voter; 8 |
---|
560 | 560 | | (b) Allow the voter to provide a signature or a confirmation that 9 |
---|
561 | 561 | | the signature used for the mail ballot belongs to the voter, as 10 |
---|
562 | 562 | | applicable; and 11 |
---|
563 | 563 | | (c) After a signature or a confirmation is provided, as applicable, 12 |
---|
564 | 564 | | ensure the mail ballot is delivered to the mail ballot central counting 13 |
---|
565 | 565 | | board. 14 |
---|
566 | 566 | | 8. If there is a reasonable question of fact as to whether the 15 |
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567 | 567 | | signature used for the mail ballot matches the signature of the voter, 16 |
---|
568 | 568 | | the voter must be identified by: 17 |
---|
569 | 569 | | (a) Answering questions from the county clerk covering the 18 |
---|
570 | 570 | | personal data which is reported on the application to register to vote; 19 |
---|
571 | 571 | | (b) Providing the county clerk, orally or in writing, with other 20 |
---|
572 | 572 | | personal data which verifies the identity of the voter; or 21 |
---|
573 | 573 | | (c) [Providing] Presenting the county clerk with proof of 22 |
---|
574 | 574 | | [identification as described in NRS 293.277 other than the voter 23 |
---|
575 | 575 | | registration card issued to the voter.] identity. 24 |
---|
576 | 576 | | 9. The procedures established pursuant to subsection 7 for 25 |
---|
577 | 577 | | contacting a voter must require the clerk to contact the voter, as 26 |
---|
578 | 578 | | soon as possible after receipt of the mail ballot, by: 27 |
---|
579 | 579 | | (a) Mail; 28 |
---|
580 | 580 | | (b) Telephone, if a telephone number for the voter is available in 29 |
---|
581 | 581 | | the records of the clerk; and 30 |
---|
582 | 582 | | (c) Electronic means, which may include, without limitation, 31 |
---|
583 | 583 | | electronic mail, if the voter has provided the clerk with sufficient 32 |
---|
584 | 584 | | information to contact the voter by such means. 33 |
---|
585 | 585 | | Sec. 10. NRS 293.2725 is hereby amended to read as follows: 34 |
---|
586 | 586 | | 293.2725 1. Except as otherwise provided in subsection 2, in 35 |
---|
587 | 587 | | NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and 36 |
---|
588 | 588 | | in federal law, in addition to any other requirement to vote, a 37 |
---|
589 | 589 | | person who registers to vote by mail or computer or is registered to 38 |
---|
590 | 590 | | vote by an automatic voter registration agency, or a person who 39 |
---|
591 | 591 | | preregisters to vote by mail or computer and is subsequently deemed 40 |
---|
592 | 592 | | to be registered to vote, and who has not previously voted in an 41 |
---|
593 | 593 | | election for federal office in this State: 42 |
---|
594 | 594 | | (a) May vote at a polling place only if the person presents to the 43 |
---|
595 | 595 | | election board officer at the polling place: 44 |
---|
596 | 596 | | – 13 – |
---|
597 | 597 | | |
---|
598 | 598 | | |
---|
599 | 599 | | - *AB147* |
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600 | 600 | | (1) A current and valid photo identification of the person, 1 |
---|
601 | 601 | | which shows his or her physical address; or 2 |
---|
602 | 602 | | (2) A copy of a current utility bill, bank statement, paycheck, 3 |
---|
603 | 603 | | or document issued by a governmental entity, including a check 4 |
---|
604 | 604 | | which indicates the name and address of the person, but not 5 |
---|
605 | 605 | | including a voter registration card; and 6 |
---|
606 | 606 | | (b) May vote by mail only if the person provides to the county 7 |
---|
607 | 607 | | or city clerk: 8 |
---|
608 | 608 | | (1) A copy of a current and valid photo identification of the 9 |
---|
609 | 609 | | person, which shows his or her physical address; or 10 |
---|
610 | 610 | | (2) A copy of a current utility bill, bank statement, paycheck, 11 |
---|
611 | 611 | | or document issued by a governmental entity, including a check 12 |
---|
612 | 612 | | which indicates the name and address of the person, but not 13 |
---|
613 | 613 | | including a voter registration card. 14 |
---|
614 | 614 | | If there is a question as to the physical address of the person, the 15 |
---|
615 | 615 | | election board officer or clerk may request additional information. 16 |
---|
616 | 616 | | 2. The provisions of subsection 1 do not apply to a person who: 17 |
---|
617 | 617 | | (a) Registers to vote by mail or computer, or preregisters to vote 18 |
---|
618 | 618 | | by mail or computer and is subsequently deemed to be registered to 19 |
---|
619 | 619 | | vote, and submits with an application to preregister or register to 20 |
---|
620 | 620 | | vote: 21 |
---|
621 | 621 | | (1) A copy of a current and valid photo identification; or 22 |
---|
622 | 622 | | (2) A copy of a current utility bill, bank statement, paycheck, 23 |
---|
623 | 623 | | or document issued by a governmental entity, including a check 24 |
---|
624 | 624 | | which indicates the name and address of the person, but not 25 |
---|
625 | 625 | | including a voter registration card; 26 |
---|
626 | 626 | | (b) Except as otherwise provided in subsection 3, registers to 27 |
---|
627 | 627 | | vote by mail or computer and submits with an application to register 28 |
---|
628 | 628 | | to vote a driver’s license number or at least the last four digits of his 29 |
---|
629 | 629 | | or her social security number, if a state or local election official has 30 |
---|
630 | 630 | | matched that information with an existing identification record 31 |
---|
631 | 631 | | bearing the same number, name and date of birth as provided by the 32 |
---|
632 | 632 | | person in the application; 33 |
---|
633 | 633 | | (c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 34 |
---|
634 | 634 | | inclusive, and at that time presents to the automatic voter 35 |
---|
635 | 635 | | registration agency: 36 |
---|
636 | 636 | | (1) A copy of a current and valid photo identification; 37 |
---|
637 | 637 | | (2) A copy of a current utility bill, bank statement, paycheck 38 |
---|
638 | 638 | | or document issued by a governmental entity, including a check 39 |
---|
639 | 639 | | which indicates the name and address of the person, but not 40 |
---|
640 | 640 | | including a voter registration card; or 41 |
---|
641 | 641 | | (3) A driver’s license number or at least the last four digits of 42 |
---|
642 | 642 | | his or her social security number, if a state or local election official 43 |
---|
643 | 643 | | has matched that information with an existing identification record 44 |
---|
644 | 644 | | – 14 – |
---|
645 | 645 | | |
---|
646 | 646 | | |
---|
647 | 647 | | - *AB147* |
---|
648 | 648 | | bearing the same number, name and date of birth as provided by the 1 |
---|
649 | 649 | | person in the application; 2 |
---|
650 | 650 | | (d) Is entitled to vote an absent ballot pursuant to the Uniformed 3 |
---|
651 | 651 | | and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et 4 |
---|
652 | 652 | | seq.; 5 |
---|
653 | 653 | | (e) Is provided the right to vote otherwise than in person under 6 |
---|
654 | 654 | | the Voting Accessibility for the Elderly and Handicapped Act, 52 7 |
---|
655 | 655 | | U.S.C. §§ 20101 et seq.; or 8 |
---|
656 | 656 | | (f) Is entitled to vote otherwise than in person under any other 9 |
---|
657 | 657 | | federal law. 10 |
---|
658 | 658 | | 3. The provisions of subsection 1 apply to a person described 11 |
---|
659 | 659 | | in paragraph (b) of subsection 2 if the voter registration card issued 12 |
---|
660 | 660 | | to the person is mailed by the county clerk to the person and 13 |
---|
661 | 661 | | returned to the county clerk by the United States Postal Service. 14 |
---|
662 | 662 | | Sec. 11. NRS 293.277 is hereby amended to read as follows: 15 |
---|
663 | 663 | | 293.277 1. Except as otherwise provided in NRS 293.283, 16 |
---|
664 | 664 | | 293.541, 293.57691 and 293.5772 to 293.5887, inclusive, if a 17 |
---|
665 | 665 | | person’s name appears in the roster or if the person provides an 18 |
---|
666 | 666 | | affirmation pursuant to NRS 293.525, the person is entitled to vote 19 |
---|
667 | 667 | | and must [sign] : 20 |
---|
668 | 668 | | (a) Present proof of identity; and 21 |
---|
669 | 669 | | (b) Sign his or her name in the roster or on a signature card 22 |
---|
670 | 670 | | when he or she applies to vote. The signature must be compared by 23 |
---|
671 | 671 | | an election board officer with the signature or a facsimile thereof on 24 |
---|
672 | 672 | | the person’s application to register to vote or [one of the forms of 25 |
---|
673 | 673 | | identification listed in subsection 2.] on his or her proof of identity. 26 |
---|
674 | 674 | | 2. [Except as otherwise provided in NRS 293.2725, the forms 27 |
---|
675 | 675 | | of identification which may be used individually to identify a voter 28 |
---|
676 | 676 | | at the polling place are: 29 |
---|
677 | 677 | | (a) The voter registration card issued to the voter; 30 |
---|
678 | 678 | | (b) A driver’s license; 31 |
---|
679 | 679 | | (c) An identification card issued by the Department of Motor 32 |
---|
680 | 680 | | Vehicles; 33 |
---|
681 | 681 | | (d) A military identification card; or 34 |
---|
682 | 682 | | (e) Any other form of identification issued by a governmental 35 |
---|
683 | 683 | | agency which contains the voter’s signature and physical description 36 |
---|
684 | 684 | | or picture. 37 |
---|
685 | 685 | | 3.] The county clerk shall prescribe a procedure, approved by 38 |
---|
686 | 686 | | the Secretary of State, to verify that the voter has not already voted 39 |
---|
687 | 687 | | in that county in the current election. 40 |
---|
688 | 688 | | Sec. 12. NRS 293.283 is hereby amended to read as follows: 41 |
---|
689 | 689 | | 293.283 1. If, because of physical limitations, a registered 42 |
---|
690 | 690 | | voter is unable to sign his or her name in the roster or on a signature 43 |
---|
691 | 691 | | card as required by NRS 293.277, the voter must be identified by: 44 |
---|
692 | 692 | | (a) Either: 45 |
---|
693 | 693 | | – 15 – |
---|
694 | 694 | | |
---|
695 | 695 | | |
---|
696 | 696 | | - *AB147* |
---|
697 | 697 | | (1) Answering questions from the election board officer 1 |
---|
698 | 698 | | covering the personal data which is reported on the application to 2 |
---|
699 | 699 | | register to vote; 3 |
---|
700 | 700 | | [(b)] (2) Providing the election board officer, orally or in 4 |
---|
701 | 701 | | writing, with other personal data which verifies the identity of the 5 |
---|
702 | 702 | | voter; [or] and 6 |
---|
703 | 703 | | [(c) Providing] 7 |
---|
704 | 704 | | (b) Presenting the election board officer with his or her proof 8 |
---|
705 | 705 | | of [identification as described in NRS 293.277 other than the voter 9 |
---|
706 | 706 | | registration card issued to the voter.] identity. 10 |
---|
707 | 707 | | 2. If the identity of the voter is verified, the election board 11 |
---|
708 | 708 | | officer shall indicate in the roster “Identified” by the voter’s name. 12 |
---|
709 | 709 | | Sec. 13. NRS 293.285 is hereby amended to read as follows: 13 |
---|
710 | 710 | | 293.285 1. Except as otherwise provided in NRS 293.283 14 |
---|
711 | 711 | | and 293.5772 to 293.5887, inclusive: 15 |
---|
712 | 712 | | (a) A registered voter applying to vote shall state his or her 16 |
---|
713 | 713 | | name to the election board officer in charge of the roster; and 17 |
---|
714 | 714 | | (b) The election board officer shall: 18 |
---|
715 | 715 | | (1) Announce the name of the registered voter; 19 |
---|
716 | 716 | | (2) Require the registered voter to present proof of identity; 20 |
---|
717 | 717 | | (3) Instruct the registered voter to sign the roster or signature 21 |
---|
718 | 718 | | card; 22 |
---|
719 | 719 | | [(3)] (4) Verify the signature of the registered voter in the 23 |
---|
720 | 720 | | manner set forth in NRS 293.277; and 24 |
---|
721 | 721 | | [(4)] (5) Verify that the registered voter has not already 25 |
---|
722 | 722 | | voted in that county in the current election. 26 |
---|
723 | 723 | | 2. Except as otherwise provided in NRS 293.57691, if the 27 |
---|
724 | 724 | | signature does not match, the registered voter must be identified by: 28 |
---|
725 | 725 | | (a) Answering questions from the election board officer 29 |
---|
726 | 726 | | covering the personal data which is reported on the application to 30 |
---|
727 | 727 | | register to vote; 31 |
---|
728 | 728 | | (b) Providing the election board officer, orally or in writing, 32 |
---|
729 | 729 | | with other personal data which verifies the identity of the registered 33 |
---|
730 | 730 | | voter; or 34 |
---|
731 | 731 | | (c) [Providing the election board officer with proof of 35 |
---|
732 | 732 | | identification as described in NRS 293.277 other than the voter 36 |
---|
733 | 733 | | registration card issued to the voter.] Comparing the signature of 37 |
---|
734 | 734 | | the registered voter on the roster to the signature on the registered 38 |
---|
735 | 735 | | voter’s proof of identity. 39 |
---|
736 | 736 | | 3. If the signature of the registered voter has changed in 40 |
---|
737 | 737 | | comparison to the signature on the application to preregister or 41 |
---|
738 | 738 | | register to vote, the registered voter must update his or her signature 42 |
---|
739 | 739 | | on a form prescribed by the Secretary of State. 43 |
---|
740 | 740 | | 4. For the purposes of subsection 2, the personal data of a 44 |
---|
741 | 741 | | registered voter may include his or her date of birth. 45 |
---|
742 | 742 | | – 16 – |
---|
743 | 743 | | |
---|
744 | 744 | | |
---|
745 | 745 | | - *AB147* |
---|
746 | 746 | | Sec. 14. NRS 293.287 is hereby amended to read as follows: 1 |
---|
747 | 747 | | 293.287 1. A registered voter applying to vote at any primary 2 |
---|
748 | 748 | | election or presidential preference primary election shall give his or 3 |
---|
749 | 749 | | her name and political affiliation, if any, to the election board officer 4 |
---|
750 | 750 | | in charge of the roster, and the officer shall immediately announce 5 |
---|
751 | 751 | | the name and political affiliation [.] and require that the registered 6 |
---|
752 | 752 | | voter present proof of identity. 7 |
---|
753 | 753 | | 2. Any person’s right to vote may be challenged by any 8 |
---|
754 | 754 | | registered voter upon: 9 |
---|
755 | 755 | | (a) Any of the grounds allowed for a challenge in NRS 293.303; 10 |
---|
756 | 756 | | (b) The ground that the person applying does not belong to the 11 |
---|
757 | 757 | | political party designated upon the roster; or 12 |
---|
758 | 758 | | (c) The ground that the roster does not show that the person 13 |
---|
759 | 759 | | designated the political party to which he or she claims to belong. 14 |
---|
760 | 760 | | 3. Any such challenge must be disposed of in the manner 15 |
---|
761 | 761 | | provided by NRS 293.303. 16 |
---|
762 | 762 | | 4. A registered voter who has designated on his or her 17 |
---|
763 | 763 | | application to register to vote an affiliation with a minor political 18 |
---|
764 | 764 | | party may vote a nonpartisan ballot at the primary election. 19 |
---|
765 | 765 | | Sec. 15. NRS 293.3025 is hereby amended to read as follows: 20 |
---|
766 | 766 | | 293.3025 The Secretary of State and each county and city clerk 21 |
---|
767 | 767 | | shall ensure that a copy of each of the following is posted in a 22 |
---|
768 | 768 | | conspicuous place at each polling place on election day: 23 |
---|
769 | 769 | | 1. A sample ballot; 24 |
---|
770 | 770 | | 2. Information concerning the date and hours of operation of 25 |
---|
771 | 771 | | the polling place; 26 |
---|
772 | 772 | | 3. Instructions for voting and casting a ballot, including a 27 |
---|
773 | 773 | | provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive, 28 |
---|
774 | 774 | | or a provisional ballot pursuant to NRS 293.5772 to 293.5887, 29 |
---|
775 | 775 | | inclusive; 30 |
---|
776 | 776 | | 4. Instructions concerning the proof of identity required to 31 |
---|
777 | 777 | | vote at the polling place; 32 |
---|
778 | 778 | | 5. Instructions concerning the identification required for 33 |
---|
779 | 779 | | persons who registered by mail or computer and are first-time voters 34 |
---|
780 | 780 | | for federal office in this State; 35 |
---|
781 | 781 | | [5.] 6. Information concerning the accessibility of polling 36 |
---|
782 | 782 | | places to persons with disabilities; 37 |
---|
783 | 783 | | [6.] 7. General information concerning federal and state laws 38 |
---|
784 | 784 | | which prohibit acts of fraud and misrepresentation; and 39 |
---|
785 | 785 | | [7.] 8. Information concerning the eligibility of a candidate, a 40 |
---|
786 | 786 | | ballot question or any other matter appearing on the ballot as a result 41 |
---|
787 | 787 | | of a judicial determination or by operation of law, if any. 42 |
---|
788 | 788 | | Sec. 16. NRS 293.303 is hereby amended to read as follows: 43 |
---|
789 | 789 | | 293.303 1. A person applying to vote may be challenged: 44 |
---|
790 | 790 | | – 17 – |
---|
791 | 791 | | |
---|
792 | 792 | | |
---|
793 | 793 | | - *AB147* |
---|
794 | 794 | | (a) Orally by any registered voter of the precinct upon the 1 |
---|
795 | 795 | | ground that he or she is not the person entitled to vote as claimed or 2 |
---|
796 | 796 | | has voted before at the same election. A registered voter who 3 |
---|
797 | 797 | | initiates a challenge pursuant to this paragraph must submit an 4 |
---|
798 | 798 | | affirmation that is signed under penalty of perjury and in the form 5 |
---|
799 | 799 | | prescribed by the Secretary of State stating that the challenge is 6 |
---|
800 | 800 | | based on the personal knowledge of the registered voter. 7 |
---|
801 | 801 | | (b) On any ground set forth in a challenge filed with the county 8 |
---|
802 | 802 | | clerk pursuant to the provisions of NRS 293.547. 9 |
---|
803 | 803 | | 2. If a person is challenged, an election board officer shall 10 |
---|
804 | 804 | | tender the challenged person the following oath or affirmation: 11 |
---|
805 | 805 | | (a) If the challenge is on the ground that the challenged person 12 |
---|
806 | 806 | | does not belong to the political party designated upon the roster, “I 13 |
---|
807 | 807 | | swear or affirm under penalty of perjury that I belong to the political 14 |
---|
808 | 808 | | party designated upon the roster”; 15 |
---|
809 | 809 | | (b) If the challenge is on the ground that the roster does not 16 |
---|
810 | 810 | | show that the challenged person designated the political party to 17 |
---|
811 | 811 | | which he or she claims to belong, “I swear or affirm under penalty 18 |
---|
812 | 812 | | of perjury that I designated on the application to register to vote the 19 |
---|
813 | 813 | | political party to which I claim to belong”; 20 |
---|
814 | 814 | | (c) If the challenge is on the ground that the challenged person 21 |
---|
815 | 815 | | does not reside at the residence for which the address is listed in the 22 |
---|
816 | 816 | | roster, “I swear or affirm under penalty of perjury that I reside at the 23 |
---|
817 | 817 | | residence for which the address is listed in the roster”; 24 |
---|
818 | 818 | | (d) If the challenge is on the ground that the challenged person 25 |
---|
819 | 819 | | previously voted a ballot for the election, “I swear or affirm under 26 |
---|
820 | 820 | | penalty of perjury that I have not voted for any of the candidates or 27 |
---|
821 | 821 | | questions included on this ballot for this election”; or 28 |
---|
822 | 822 | | (e) If the challenge is on the ground that the challenged person is 29 |
---|
823 | 823 | | not the person he or she claims to be, “I swear or affirm under 30 |
---|
824 | 824 | | penalty of perjury that I am the person whose name is in this roster.” 31 |
---|
825 | 825 | | The oath or affirmation must be set forth on a form prepared by 32 |
---|
826 | 826 | | the Secretary of State and signed by the challenged person under 33 |
---|
827 | 827 | | penalty of perjury. 34 |
---|
828 | 828 | | 3. Except as otherwise provided in subsection 4, if the 35 |
---|
829 | 829 | | challenged person refuses to execute the oath or affirmation so 36 |
---|
830 | 830 | | tendered, the person must not be issued a ballot, and the election 37 |
---|
831 | 831 | | board officer shall indicate in the roster “Challenged” by the 38 |
---|
832 | 832 | | person’s name. 39 |
---|
833 | 833 | | 4. If the challenged person refuses to execute the oath or 40 |
---|
834 | 834 | | affirmation set forth in paragraph (a) or (b) of subsection 2, the 41 |
---|
835 | 835 | | election board officers shall issue the person a nonpartisan ballot. 42 |
---|
836 | 836 | | 5. If the challenged person refuses to execute the oath or 43 |
---|
837 | 837 | | affirmation set forth in paragraph (c) of subsection 2, the election 44 |
---|
838 | 838 | | – 18 – |
---|
839 | 839 | | |
---|
840 | 840 | | |
---|
841 | 841 | | - *AB147* |
---|
842 | 842 | | board officers shall inform the person that he or she is entitled to 1 |
---|
843 | 843 | | vote only in the manner prescribed in NRS 293.304. 2 |
---|
844 | 844 | | 6. If the challenged person executes the oath or affirmation and 3 |
---|
845 | 845 | | the challenge is not based on the ground set forth in paragraph (e) of 4 |
---|
846 | 846 | | subsection 2, the election board officers shall issue the person a 5 |
---|
847 | 847 | | partisan ballot. 6 |
---|
848 | 848 | | 7. If the challenge is based on the ground set forth in paragraph 7 |
---|
849 | 849 | | (c) of subsection 2, and the challenged person executes the oath or 8 |
---|
850 | 850 | | affirmation, the election board shall not issue the person a ballot 9 |
---|
851 | 851 | | until he or she furnishes satisfactory identification which contains 10 |
---|
852 | 852 | | proof of the address at which the person actually resides. For the 11 |
---|
853 | 853 | | purposes of this subsection, a voter registration card does not 12 |
---|
854 | 854 | | provide proof of the address at which a person resides. 13 |
---|
855 | 855 | | 8. If the challenge is based on the ground set forth in paragraph 14 |
---|
856 | 856 | | (e) of subsection 2 and the challenged person executes the oath or 15 |
---|
857 | 857 | | affirmation, the election board shall not issue the person a ballot 16 |
---|
858 | 858 | | unless the person [: 17 |
---|
859 | 859 | | (a) Furnishes official identification which contains a photograph 18 |
---|
860 | 860 | | of the person, such as a driver’s license or other official document; 19 |
---|
861 | 861 | | or 20 |
---|
862 | 862 | | (b) Brings before the election board officers a person who is at 21 |
---|
863 | 863 | | least 18 years of age who: 22 |
---|
864 | 864 | | (1) Furnishes official identification which contains a 23 |
---|
865 | 865 | | photograph of that person, such as a driver’s license or other official 24 |
---|
866 | 866 | | document; and 25 |
---|
867 | 867 | | (2) Executes an oath or affirmation under penalty of perjury 26 |
---|
868 | 868 | | that the challenged person is who he or she swears to be.] furnishes 27 |
---|
869 | 869 | | proof of identity. 28 |
---|
870 | 870 | | 9. The election board officers shall: 29 |
---|
871 | 871 | | (a) Record on the challenge list: 30 |
---|
872 | 872 | | (1) The name of the challenged person; 31 |
---|
873 | 873 | | (2) The name of the registered voter who initiated the 32 |
---|
874 | 874 | | challenge; and 33 |
---|
875 | 875 | | (3) The result of the challenge; and 34 |
---|
876 | 876 | | (b) If possible, orally notify the registered voter who initiated 35 |
---|
877 | 877 | | the challenge of the result of the challenge. 36 |
---|
878 | 878 | | Sec. 17. NRS 293.3075 is hereby amended to read as follows: 37 |
---|
879 | 879 | | 293.3075 1. Except as otherwise provided in NRS 293.283 38 |
---|
880 | 880 | | and 293.5772 to 293.5887, inclusive, upon the appearance of a 39 |
---|
881 | 881 | | person to cast a ballot at a polling place established pursuant to NRS 40 |
---|
882 | 882 | | 293.3072, the election board officer shall: 41 |
---|
883 | 883 | | (a) Determine [that] whether the person is a registered voter in 42 |
---|
884 | 884 | | the county and has not already voted in that county in the current 43 |
---|
885 | 885 | | election; 44 |
---|
886 | 886 | | (b) Require the registered voter to present proof of identity; 45 |
---|
887 | 887 | | – 19 – |
---|
888 | 888 | | |
---|
889 | 889 | | |
---|
890 | 890 | | - *AB147* |
---|
891 | 891 | | (c) Instruct the registered voter to sign the roster or a signature 1 |
---|
892 | 892 | | card; and 2 |
---|
893 | 893 | | [(c)] (d) Verify the signature of the registered voter in the 3 |
---|
894 | 894 | | manner set forth in NRS 293.277. 4 |
---|
895 | 895 | | 2. Except as otherwise provided in NRS 293.57691, if the 5 |
---|
896 | 896 | | signature of the registered voter does not match, the registered voter 6 |
---|
897 | 897 | | must be identified by: 7 |
---|
898 | 898 | | (a) Either: 8 |
---|
899 | 899 | | (1) Answering questions from the election board officer 9 |
---|
900 | 900 | | covering the personal data which is reported on the application to 10 |
---|
901 | 901 | | register to vote; or 11 |
---|
902 | 902 | | [(b)] (2) Providing the election board officer, orally or in 12 |
---|
903 | 903 | | writing, with other personal data which verifies the identity of the 13 |
---|
904 | 904 | | registered voter; [or 14 |
---|
905 | 905 | | (c) Providing] and 15 |
---|
906 | 906 | | (b) Presenting the election board officer with his or her proof 16 |
---|
907 | 907 | | of [identification as described in NRS 293.277 other than the voter 17 |
---|
908 | 908 | | registration card issued to the voter.] identity. 18 |
---|
909 | 909 | | 3. If the signature of the registered voter has changed in 19 |
---|
910 | 910 | | comparison to the signature on the application to register to vote, the 20 |
---|
911 | 911 | | registered voter must update his or her signature on a form 21 |
---|
912 | 912 | | prescribed by the Secretary of State. 22 |
---|
913 | 913 | | 4. The county clerk shall prescribe a procedure, approved by 23 |
---|
914 | 914 | | the Secretary of State, to verify that the registered voter has not 24 |
---|
915 | 915 | | already voted in that county in the current election. 25 |
---|
916 | 916 | | 5. When a registered voter is entitled to cast a ballot and has 26 |
---|
917 | 917 | | identified himself or herself to the satisfaction of the election board 27 |
---|
918 | 918 | | officer, the registered voter is entitled to receive the appropriate 28 |
---|
919 | 919 | | ballot or ballots, but only for his or her own use at the polling place 29 |
---|
920 | 920 | | where he or she applies to vote. 30 |
---|
921 | 921 | | 6. If the ballot is voted on a mechanical recording device which 31 |
---|
922 | 922 | | directly records the votes electronically, the election board officer 32 |
---|
923 | 923 | | shall: 33 |
---|
924 | 924 | | (a) Prepare the mechanical voting device for the registered 34 |
---|
925 | 925 | | voter; 35 |
---|
926 | 926 | | (b) Ensure that the registered voter’s precinct or voting district 36 |
---|
927 | 927 | | and the form of the ballot are indicated on the voting receipt, if the 37 |
---|
928 | 928 | | county clerk uses voting receipts; and 38 |
---|
929 | 929 | | (c) Allow the registered voter to cast a vote. 39 |
---|
930 | 930 | | 7. A registered voter applying to vote at a polling place 40 |
---|
931 | 931 | | established pursuant to NRS 293.3072 may be challenged pursuant 41 |
---|
932 | 932 | | to NRS 293.303. 42 |
---|
933 | 933 | | Sec. 18. NRS 293.3081 is hereby amended to read as follows: 43 |
---|
934 | 934 | | 293.3081 A person at a polling place may cast a provisional 44 |
---|
935 | 935 | | ballot in an election pursuant to NRS 293.3078 to 293.3086, 45 |
---|
936 | 936 | | – 20 – |
---|
937 | 937 | | |
---|
938 | 938 | | |
---|
939 | 939 | | - *AB147* |
---|
940 | 940 | | inclusive, if the person complies with the applicable provisions of 1 |
---|
941 | 941 | | NRS 293.3082 and: 2 |
---|
942 | 942 | | 1. Declares that he or she has registered to vote and is eligible 3 |
---|
943 | 943 | | to vote at that election in that jurisdiction, but [his or her] : 4 |
---|
944 | 944 | | (a) The name of the person does not appear on a voter 5 |
---|
945 | 945 | | registration list as a voter eligible to vote in that election in that 6 |
---|
946 | 946 | | jurisdiction [or an] ; 7 |
---|
947 | 947 | | (b) An election official asserts that the person is not eligible to 8 |
---|
948 | 948 | | vote in that election in that jurisdiction; or 9 |
---|
949 | 949 | | (c) The person fails to present proof of identity; 10 |
---|
950 | 950 | | 2. Applies by mail or computer, on or after January 1, 2003, to 11 |
---|
951 | 951 | | register to vote and has not previously voted in an election for 12 |
---|
952 | 952 | | federal office in this State and fails to provide the identification 13 |
---|
953 | 953 | | required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 14 |
---|
954 | 954 | | to the election board officer at the polling place; or 15 |
---|
955 | 955 | | 3. Declares that he or she is entitled to vote after the polling 16 |
---|
956 | 956 | | place would normally close as a result of a court order or other order 17 |
---|
957 | 957 | | extending the time established for the closing of polls pursuant to a 18 |
---|
958 | 958 | | law of this State in effect 10 days before the date of the election. 19 |
---|
959 | 959 | | Sec. 19. NRS 293.3082 is hereby amended to read as follows: 20 |
---|
960 | 960 | | 293.3082 1. Before a person may cast a provisional ballot 21 |
---|
961 | 961 | | pursuant to NRS 293.3081, the person must complete a written 22 |
---|
962 | 962 | | affirmation on a form provided by an election board officer, as 23 |
---|
963 | 963 | | prescribed by the Secretary of State, at the polling place which 24 |
---|
964 | 964 | | includes: 25 |
---|
965 | 965 | | (a) The name of the person casting the provisional ballot; 26 |
---|
966 | 966 | | (b) The reason for casting the provisional ballot; 27 |
---|
967 | 967 | | (c) A statement in which the person casting the provisional 28 |
---|
968 | 968 | | ballot affirms under penalty of perjury that he or she is a registered 29 |
---|
969 | 969 | | voter in the jurisdiction and is eligible to vote in the election; 30 |
---|
970 | 970 | | (d) The date and type of election; 31 |
---|
971 | 971 | | (e) The signature of the person casting the provisional ballot; 32 |
---|
972 | 972 | | (f) The signature of the election board officer; 33 |
---|
973 | 973 | | (g) A unique affirmation identification number assigned to the 34 |
---|
974 | 974 | | person casting the provisional ballot; 35 |
---|
975 | 975 | | (h) If the person is casting the provisional ballot pursuant to 36 |
---|
976 | 976 | | subsection 1 of NRS 293.3081: 37 |
---|
977 | 977 | | (1) An indication by the person as to whether or not he or she 38 |
---|
978 | 978 | | provided the required identification at the time the person applied to 39 |
---|
979 | 979 | | register to vote; 40 |
---|
980 | 980 | | (2) The address of the person as listed on the application to 41 |
---|
981 | 981 | | register to vote; 42 |
---|
982 | 982 | | (3) Information concerning the place, manner and 43 |
---|
983 | 983 | | approximate date on which the person applied to register to vote; 44 |
---|
984 | 984 | | – 21 – |
---|
985 | 985 | | |
---|
986 | 986 | | |
---|
987 | 987 | | - *AB147* |
---|
988 | 988 | | (4) Any other information that the person believes may be 1 |
---|
989 | 989 | | useful in verifying that the person has registered to vote; and 2 |
---|
990 | 990 | | (5) A statement informing the voter that if the voter does not 3 |
---|
991 | 991 | | provide [identification] proof of identity at the time the voter casts 4 |
---|
992 | 992 | | the provisional ballot, the required [identification] proof of identity 5 |
---|
993 | 993 | | must be provided to the county or city clerk not later than 5 p.m. on 6 |
---|
994 | 994 | | the Friday following election day and that failure to do so will result 7 |
---|
995 | 995 | | in the provisional ballot not being counted; 8 |
---|
996 | 996 | | (i) If the person is casting the provisional ballot pursuant to 9 |
---|
997 | 997 | | subsection 2 of NRS 293.3081: 10 |
---|
998 | 998 | | (1) The address of the person as listed on the application to 11 |
---|
999 | 999 | | register to vote; 12 |
---|
1000 | 1000 | | (2) The voter registration number, if any, issued to the 13 |
---|
1001 | 1001 | | person; and 14 |
---|
1002 | 1002 | | (3) A statement informing the voter that the required 15 |
---|
1003 | 1003 | | identification must be provided to the county or city clerk not later 16 |
---|
1004 | 1004 | | than 5 p.m. on the Friday following election day and that failure to 17 |
---|
1005 | 1005 | | do so will result in the provisional ballot not being counted; and 18 |
---|
1006 | 1006 | | (j) If the person is casting the provisional ballot pursuant to 19 |
---|
1007 | 1007 | | subsection 3 of NRS 293.3081, the voter registration number, if any, 20 |
---|
1008 | 1008 | | issued to the person. 21 |
---|
1009 | 1009 | | 2. After a person completes a written affirmation pursuant to 22 |
---|
1010 | 1010 | | subsection 1: 23 |
---|
1011 | 1011 | | (a) The election board officer shall provide the person with a 24 |
---|
1012 | 1012 | | receipt that includes the unique affirmation identification number 25 |
---|
1013 | 1013 | | described in subsection 1 and that explains how the person may use 26 |
---|
1014 | 1014 | | the free access system established pursuant to NRS 293.3086 to 27 |
---|
1015 | 1015 | | ascertain whether the person’s vote was counted, and, if the vote 28 |
---|
1016 | 1016 | | was not counted, the reason why the vote was not counted; 29 |
---|
1017 | 1017 | | (b) The voter’s name and applicable information must be 30 |
---|
1018 | 1018 | | entered into the roster in a manner which indicates that the voter 31 |
---|
1019 | 1019 | | cast a provisional ballot; and 32 |
---|
1020 | 1020 | | (c) The election board officer shall issue a provisional ballot to 33 |
---|
1021 | 1021 | | the person to vote. 34 |
---|
1022 | 1022 | | Sec. 20. NRS 293.3085 is hereby amended to read as follows: 35 |
---|
1023 | 1023 | | 293.3085 1. Following each election, a canvass of the 36 |
---|
1024 | 1024 | | provisional ballots cast in the election must be conducted pursuant 37 |
---|
1025 | 1025 | | to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387. 38 |
---|
1026 | 1026 | | 2. The county and city clerk shall not: 39 |
---|
1027 | 1027 | | (a) Include any provisional ballot in the unofficial results 40 |
---|
1028 | 1028 | | reported on election night; or 41 |
---|
1029 | 1029 | | (b) Open any envelope containing a provisional ballot before 8 42 |
---|
1030 | 1030 | | a.m. on the Wednesday following election day. 43 |
---|
1031 | 1031 | | 3. Except as otherwise provided in subsection 4, a provisional 44 |
---|
1032 | 1032 | | ballot must be counted if: 45 |
---|
1033 | 1033 | | – 22 – |
---|
1034 | 1034 | | |
---|
1035 | 1035 | | |
---|
1036 | 1036 | | - *AB147* |
---|
1037 | 1037 | | (a) The county or city clerk determines that the person who cast 1 |
---|
1038 | 1038 | | the provisional ballot was registered to vote in the election, eligible 2 |
---|
1039 | 1039 | | to vote in the election and issued the appropriate ballot for the 3 |
---|
1040 | 1040 | | address at which the person resides; 4 |
---|
1041 | 1041 | | (b) A voter who failed to provide required identification at the 5 |
---|
1042 | 1042 | | polling place or with his or her mailed ballot provides the required 6 |
---|
1043 | 1043 | | identification to the county or city clerk not later than 5 p.m. on the 7 |
---|
1044 | 1044 | | Friday following election day [;] , including, if applicable, his or 8 |
---|
1045 | 1045 | | her proof of identity; or 9 |
---|
1046 | 1046 | | (c) A court order has not been issued by 5 p.m. on the Friday 10 |
---|
1047 | 1047 | | following election day directing that provisional ballots cast 11 |
---|
1048 | 1048 | | pursuant to subsection 3 of NRS 293.3081 not be counted, and the 12 |
---|
1049 | 1049 | | provisional ballot was cast pursuant to subsection 3 of 13 |
---|
1050 | 1050 | | NRS 293.3081. 14 |
---|
1051 | 1051 | | 4. A provisional ballot must not be counted if the county or 15 |
---|
1052 | 1052 | | city clerk determines that the person who cast the provisional ballot 16 |
---|
1053 | 1053 | | cast the wrong ballot for the address at which the person resides. 17 |
---|
1054 | 1054 | | Sec. 21. NRS 293.356 is hereby amended to read as follows: 18 |
---|
1055 | 1055 | | 293.356 If a request is made to vote early by a registered voter 19 |
---|
1056 | 1056 | | in person, the election board shall , except as otherwise provided in 20 |
---|
1057 | 1057 | | NRS 293.3585, issue a ballot for early voting to the voter. Such a 21 |
---|
1058 | 1058 | | ballot must be voted on the premises of a polling place for early 22 |
---|
1059 | 1059 | | voting established pursuant to NRS 293.3564, 293.3572, 293.3575 23 |
---|
1060 | 1060 | | or 298.690. 24 |
---|
1061 | 1061 | | Sec. 22. NRS 293.3585 is hereby amended to read as follows: 25 |
---|
1062 | 1062 | | 293.3585 1. Except as otherwise provided in NRS 293.283 26 |
---|
1063 | 1063 | | and 293.5772 to 293.5887, inclusive, upon the appearance of a 27 |
---|
1064 | 1064 | | person to cast a ballot for early voting, an election board officer 28 |
---|
1065 | 1065 | | shall: 29 |
---|
1066 | 1066 | | (a) Determine [that] whether the person is a registered voter in 30 |
---|
1067 | 1067 | | the county. 31 |
---|
1068 | 1068 | | (b) Require the registered voter to present proof of identity. 32 |
---|
1069 | 1069 | | (c) Instruct the registered voter to sign the roster for early voting 33 |
---|
1070 | 1070 | | or a signature card. 34 |
---|
1071 | 1071 | | [(c)] (d) Verify the signature of the registered voter in the 35 |
---|
1072 | 1072 | | manner set forth in NRS 293.277. 36 |
---|
1073 | 1073 | | [(d)] (e) Verify that the registered voter has not already voted in 37 |
---|
1074 | 1074 | | that county in the current election. 38 |
---|
1075 | 1075 | | 2. Except as otherwise provided in NRS 293.57691, if the 39 |
---|
1076 | 1076 | | signature of the registered voter does not match, the registered voter 40 |
---|
1077 | 1077 | | must be identified by: 41 |
---|
1078 | 1078 | | (a) Either: 42 |
---|
1079 | 1079 | | (1) Answering questions from the election board officer 43 |
---|
1080 | 1080 | | covering the personal data which is reported on the application to 44 |
---|
1081 | 1081 | | register to vote; or 45 |
---|
1082 | 1082 | | – 23 – |
---|
1083 | 1083 | | |
---|
1084 | 1084 | | |
---|
1085 | 1085 | | - *AB147* |
---|
1086 | 1086 | | [(b)] (2) Providing the election board officer, orally or in 1 |
---|
1087 | 1087 | | writing, with other personal data which verifies the identity of the 2 |
---|
1088 | 1088 | | registered voter; [or 3 |
---|
1089 | 1089 | | (c) Providing] and 4 |
---|
1090 | 1090 | | (b) Presenting the election board officer with proof of 5 |
---|
1091 | 1091 | | [identification as described in NRS 293.277 other than the voter 6 |
---|
1092 | 1092 | | registration card issued to the voter.] identity. 7 |
---|
1093 | 1093 | | 3. If the signature of the registered voter has changed in 8 |
---|
1094 | 1094 | | comparison to the signature on the application to register to vote, the 9 |
---|
1095 | 1095 | | registered voter must update his or her signature on a form 10 |
---|
1096 | 1096 | | prescribed by the Secretary of State. 11 |
---|
1097 | 1097 | | 4. The county clerk shall prescribe a procedure, approved by 12 |
---|
1098 | 1098 | | the Secretary of State, to verify that the registered voter has not 13 |
---|
1099 | 1099 | | already voted in that county in the current election. 14 |
---|
1100 | 1100 | | 5. The roster for early voting or a signature card, as applicable, 15 |
---|
1101 | 1101 | | must contain: 16 |
---|
1102 | 1102 | | (a) The registered voter’s name, the address where he or she is 17 |
---|
1103 | 1103 | | registered to vote, his or her voter identification number and a place 18 |
---|
1104 | 1104 | | for the registered voter’s signature; 19 |
---|
1105 | 1105 | | (b) The registered voter’s precinct or voting district number, if 20 |
---|
1106 | 1106 | | that information is available; and 21 |
---|
1107 | 1107 | | (c) The date of voting early in person. 22 |
---|
1108 | 1108 | | 6. When a registered voter is entitled to cast a ballot and has 23 |
---|
1109 | 1109 | | identified himself or herself to the satisfaction of the election board 24 |
---|
1110 | 1110 | | officer, the registered voter is entitled to receive the appropriate 25 |
---|
1111 | 1111 | | ballot or ballots, but only for his or her own use at the polling place 26 |
---|
1112 | 1112 | | for early voting. 27 |
---|
1113 | 1113 | | 7. If the ballot is voted on a mechanical recording device which 28 |
---|
1114 | 1114 | | directly records the votes electronically, the election board officer 29 |
---|
1115 | 1115 | | shall: 30 |
---|
1116 | 1116 | | (a) Prepare the mechanical recording device for the registered 31 |
---|
1117 | 1117 | | voter; 32 |
---|
1118 | 1118 | | (b) Ensure that the registered voter’s precinct or voting district, 33 |
---|
1119 | 1119 | | if that information is available, and the form of ballot are indicated 34 |
---|
1120 | 1120 | | on the voting receipt, if the county clerk uses voting receipts; and 35 |
---|
1121 | 1121 | | (c) Allow the registered voter to cast a vote. 36 |
---|
1122 | 1122 | | 8. A registered voter applying to vote early by personal 37 |
---|
1123 | 1123 | | appearance may be challenged pursuant to NRS 293.303. 38 |
---|
1124 | 1124 | | 9. For the purposes of subsection 2, the personal data of a 39 |
---|
1125 | 1125 | | registered voter may include his or her date of birth. 40 |
---|
1126 | 1126 | | Sec. 23. NRS 293.505 is hereby amended to read as follows: 41 |
---|
1127 | 1127 | | 293.505 1. All justices of the peace, except those located in 42 |
---|
1128 | 1128 | | county seats, are ex officio field registrars to carry out the 43 |
---|
1129 | 1129 | | provisions of this chapter. 44 |
---|
1130 | 1130 | | – 24 – |
---|
1131 | 1131 | | |
---|
1132 | 1132 | | |
---|
1133 | 1133 | | - *AB147* |
---|
1134 | 1134 | | 2. The county clerk shall appoint at least one registered voter to 1 |
---|
1135 | 1135 | | serve as a field registrar of voters who, except as otherwise provided 2 |
---|
1136 | 1136 | | in NRS 293.5055, shall preregister and register voters within the 3 |
---|
1137 | 1137 | | county for which the field registrar is appointed. Except as 4 |
---|
1138 | 1138 | | otherwise provided in subsection 1, a candidate for any office may 5 |
---|
1139 | 1139 | | not be appointed or serve as a field registrar. A field registrar serves 6 |
---|
1140 | 1140 | | at the pleasure of the county clerk and shall perform such duties as 7 |
---|
1141 | 1141 | | the county clerk may direct. The county clerk shall not knowingly 8 |
---|
1142 | 1142 | | appoint any person as a field registrar who has been convicted of a 9 |
---|
1143 | 1143 | | felony involving theft or fraud. The Secretary of State may bring an 10 |
---|
1144 | 1144 | | action against a county clerk to collect a civil penalty of not more 11 |
---|
1145 | 1145 | | than $5,000 for each person who is appointed as a field registrar in 12 |
---|
1146 | 1146 | | violation of this subsection. Any civil penalty collected pursuant to 13 |
---|
1147 | 1147 | | this subsection must be deposited with the State Treasurer for credit 14 |
---|
1148 | 1148 | | to the State General Fund. 15 |
---|
1149 | 1149 | | 3. A field registrar shall demand of any person who applies for 16 |
---|
1150 | 1150 | | preregistration or registration all information required by the 17 |
---|
1151 | 1151 | | application to preregister or register to vote, as applicable, and shall 18 |
---|
1152 | 1152 | | administer all oaths required by this chapter. 19 |
---|
1153 | 1153 | | 4. When a field registrar has in his or her possession five or 20 |
---|
1154 | 1154 | | more completed applications to preregister or register to vote, the 21 |
---|
1155 | 1155 | | field registrar shall forward them to the county clerk, but in no case 22 |
---|
1156 | 1156 | | may the field registrar hold any number of them for more than 10 23 |
---|
1157 | 1157 | | days. 24 |
---|
1158 | 1158 | | 5. Each field registrar shall forward to the county clerk all 25 |
---|
1159 | 1159 | | completed applications in his or her possession immediately after 26 |
---|
1160 | 1160 | | the last day to register to vote by mail pursuant to NRS 293.560 or 27 |
---|
1161 | 1161 | | 293C.527, as applicable. Within 5 days after the last day to register 28 |
---|
1162 | 1162 | | to vote by mail pursuant to NRS 293.560 or 293C.527, as 29 |
---|
1163 | 1163 | | applicable, a field registrar shall return all unused applications in his 30 |
---|
1164 | 1164 | | or her possession to the county clerk. If all of the unused 31 |
---|
1165 | 1165 | | applications are not returned to the county clerk, the field registrar 32 |
---|
1166 | 1166 | | shall account for the unreturned applications. 33 |
---|
1167 | 1167 | | 6. Each field registrar shall submit to the county clerk a list of 34 |
---|
1168 | 1168 | | the serial numbers of the completed applications to preregister or 35 |
---|
1169 | 1169 | | register to vote and the names of the electors on those applications. 36 |
---|
1170 | 1170 | | The serial numbers must be listed in numerical order. 37 |
---|
1171 | 1171 | | 7. Each field registrar shall post notices sent to him or her by 38 |
---|
1172 | 1172 | | the county clerk for posting in accordance with the election laws of 39 |
---|
1173 | 1173 | | this State. 40 |
---|
1174 | 1174 | | 8. A field registrar, employee of a voter registration agency or 41 |
---|
1175 | 1175 | | person assisting a voter pursuant to NRS 293.5235 shall not: 42 |
---|
1176 | 1176 | | (a) Delegate any of his or her duties to another person; or 43 |
---|
1177 | 1177 | | (b) Refuse to preregister or register a person on account of that 44 |
---|
1178 | 1178 | | person’s political party affiliation. 45 |
---|
1179 | 1179 | | – 25 – |
---|
1180 | 1180 | | |
---|
1181 | 1181 | | |
---|
1182 | 1182 | | - *AB147* |
---|
1183 | 1183 | | 9. A person shall not hold himself or herself out to be or 1 |
---|
1184 | 1184 | | attempt to exercise the duties of a field registrar unless the person 2 |
---|
1185 | 1185 | | has been so appointed. 3 |
---|
1186 | 1186 | | 10. A county clerk, field registrar, employee of a voter 4 |
---|
1187 | 1187 | | registration agency or person assisting another person pursuant to 5 |
---|
1188 | 1188 | | NRS 293.5235 shall not: 6 |
---|
1189 | 1189 | | (a) Solicit a vote for or against a particular question or 7 |
---|
1190 | 1190 | | candidate; 8 |
---|
1191 | 1191 | | (b) Speak to a person on the subject of marking his or her ballot 9 |
---|
1192 | 1192 | | for or against a particular question or candidate; or 10 |
---|
1193 | 1193 | | (c) Distribute any petition or other material concerning a 11 |
---|
1194 | 1194 | | candidate or question which will be on the ballot for the ensuing 12 |
---|
1195 | 1195 | | election, 13 |
---|
1196 | 1196 | | while preregistering or registering the person. 14 |
---|
1197 | 1197 | | 11. When the county clerk receives applications to preregister 15 |
---|
1198 | 1198 | | or register to vote from a field registrar, the county clerk shall issue 16 |
---|
1199 | 1199 | | a receipt to the field registrar. The receipt must include: 17 |
---|
1200 | 1200 | | (a) The number of persons preregistered or registered; and 18 |
---|
1201 | 1201 | | (b) The political party of the persons preregistered or registered. 19 |
---|
1202 | 1202 | | 12. A county clerk, field registrar, employee of a voter 20 |
---|
1203 | 1203 | | registration agency or person assisting another person pursuant to 21 |
---|
1204 | 1204 | | NRS 293.5235 shall not: 22 |
---|
1205 | 1205 | | (a) Knowingly: 23 |
---|
1206 | 1206 | | (1) Register a person who is not a qualified elector or a 24 |
---|
1207 | 1207 | | person who has filed a false or misleading application to register to 25 |
---|
1208 | 1208 | | vote; or 26 |
---|
1209 | 1209 | | (2) Preregister a person who does not meet the qualifications 27 |
---|
1210 | 1210 | | set forth in NRS 293.4855; or 28 |
---|
1211 | 1211 | | (b) Preregister or register a person who fails to provide 29 |
---|
1212 | 1212 | | satisfactory [proof] evidence of [identification] his or her identity 30 |
---|
1213 | 1213 | | and the address at which the person actually resides. 31 |
---|
1214 | 1214 | | 13. A county clerk, field registrar, employee of a voter 32 |
---|
1215 | 1215 | | registration agency, person assisting another person pursuant to 33 |
---|
1216 | 1216 | | NRS 293.5235 or any other person providing a form for the 34 |
---|
1217 | 1217 | | application to preregister or register to vote to an elector for the 35 |
---|
1218 | 1218 | | purpose of preregistering or registering to vote: 36 |
---|
1219 | 1219 | | (a) If the person who assists another person with completing the 37 |
---|
1220 | 1220 | | form for the application to preregister or register to vote retains the 38 |
---|
1221 | 1221 | | form, shall enter his or her name on the duplicate copy or receipt 39 |
---|
1222 | 1222 | | retained by the person upon completion of the form; and 40 |
---|
1223 | 1223 | | (b) Shall not alter, deface or destroy an application to preregister 41 |
---|
1224 | 1224 | | or register to vote that has been signed by a person except to correct 42 |
---|
1225 | 1225 | | information contained in the application after receiving notice from 43 |
---|
1226 | 1226 | | the person that a change in or addition to the information is required. 44 |
---|
1227 | 1227 | | – 26 – |
---|
1228 | 1228 | | |
---|
1229 | 1229 | | |
---|
1230 | 1230 | | - *AB147* |
---|
1231 | 1231 | | 14. If a field registrar violates any of the provisions of this 1 |
---|
1232 | 1232 | | section, the county clerk shall immediately suspend the field 2 |
---|
1233 | 1233 | | registrar and notify the district attorney of the county in which the 3 |
---|
1234 | 1234 | | violation occurred. 4 |
---|
1235 | 1235 | | 15. A person who violates any of the provisions of subsection 5 |
---|
1236 | 1236 | | 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be 6 |
---|
1237 | 1237 | | punished as provided in NRS 193.130. 7 |
---|
1238 | 1238 | | Sec. 24. NRS 293.517 is hereby amended to read as follows: 8 |
---|
1239 | 1239 | | 293.517 1. Any person who meets the qualifications set forth 9 |
---|
1240 | 1240 | | in NRS 293.4855 residing within the county may preregister to vote 10 |
---|
1241 | 1241 | | and any elector residing within the county may register to vote: 11 |
---|
1242 | 1242 | | (a) Except as otherwise provided in NRS 293.560 and 12 |
---|
1243 | 1243 | | 293C.527, by appearing before the county clerk, a field registrar or a 13 |
---|
1244 | 1244 | | voter registration agency, completing the application to preregister 14 |
---|
1245 | 1245 | | or register to vote, giving true and satisfactory answers to all 15 |
---|
1246 | 1246 | | questions relevant to his or her identity and right to preregister or 16 |
---|
1247 | 1247 | | register to vote, and providing [proof] evidence of residence and 17 |
---|
1248 | 1248 | | identity [;] in accordance with this subsection; 18 |
---|
1249 | 1249 | | (b) By completing and mailing or personally delivering to the 19 |
---|
1250 | 1250 | | county clerk an application to preregister or register to vote pursuant 20 |
---|
1251 | 1251 | | to the provisions of NRS 293.5235; 21 |
---|
1252 | 1252 | | (c) Pursuant to the provisions of NRS 293.5727 or chapter 293D 22 |
---|
1253 | 1253 | | of NRS; 23 |
---|
1254 | 1254 | | (d) At his or her residence with the assistance of a field registrar 24 |
---|
1255 | 1255 | | pursuant to NRS 293.5237; 25 |
---|
1256 | 1256 | | (e) By submitting an application to preregister or register to vote 26 |
---|
1257 | 1257 | | by computer using the system established by the Secretary of State 27 |
---|
1258 | 1258 | | pursuant to NRS 293.671; or 28 |
---|
1259 | 1259 | | (f) By any other method authorized by the provisions of this 29 |
---|
1260 | 1260 | | title. 30 |
---|
1261 | 1261 | | The county clerk shall require a person to submit official 31 |
---|
1262 | 1262 | | identification as [proof] evidence of residence and identity [,] in 32 |
---|
1263 | 1263 | | accordance with this subsection, such as a driver’s license or other 33 |
---|
1264 | 1264 | | official document, before preregistering or registering the person. If 34 |
---|
1265 | 1265 | | the applicant preregisters or registers to vote pursuant to this 35 |
---|
1266 | 1266 | | subsection and fails to provide [proof] evidence of residence and 36 |
---|
1267 | 1267 | | identity, the applicant must provide [proof] evidence of residence 37 |
---|
1268 | 1268 | | and identity before casting a ballot in person or by mail or after 38 |
---|
1269 | 1269 | | casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, 39 |
---|
1270 | 1270 | | inclusive. For the purposes of this subsection, a voter registration 40 |
---|
1271 | 1271 | | card does not provide [proof] evidence of the residence or identity 41 |
---|
1272 | 1272 | | of a person. 42 |
---|
1273 | 1273 | | 2. In addition to the methods for registering to vote described 43 |
---|
1274 | 1274 | | in subsection 1, an elector may register to vote pursuant to: 44 |
---|
1275 | 1275 | | (a) NRS 293.269951, if applicable; 45 |
---|
1276 | 1276 | | – 27 – |
---|
1277 | 1277 | | |
---|
1278 | 1278 | | |
---|
1279 | 1279 | | - *AB147* |
---|
1280 | 1280 | | (b) NRS 293.5768 to 293.57699, inclusive; or 1 |
---|
1281 | 1281 | | (c) NRS 293.5772 to 293.5887, inclusive. 2 |
---|
1282 | 1282 | | 3. Except as otherwise provided in NRS 293.5768 to 3 |
---|
1283 | 1283 | | 293.57699, inclusive, the application to preregister or register to 4 |
---|
1284 | 1284 | | vote must be signed and verified under penalty of perjury by the 5 |
---|
1285 | 1285 | | person preregistering or the elector registering. 6 |
---|
1286 | 1286 | | 4. Each person or elector who is or has been married must be 7 |
---|
1287 | 1287 | | preregistered or registered under his or her own given or first name, 8 |
---|
1288 | 1288 | | and not under the given or first name or initials of his or her spouse. 9 |
---|
1289 | 1289 | | 5. A person or an elector who is preregistered or registered and 10 |
---|
1290 | 1290 | | changes his or her name must complete a new application to 11 |
---|
1291 | 1291 | | preregister or register to vote, as applicable. The person or elector 12 |
---|
1292 | 1292 | | may obtain a new application: 13 |
---|
1293 | 1293 | | (a) At the office of the county clerk or field registrar; 14 |
---|
1294 | 1294 | | (b) By submitting an application to preregister or register to vote 15 |
---|
1295 | 1295 | | pursuant to the provisions of NRS 293.5235; 16 |
---|
1296 | 1296 | | (c) By submitting a written statement to the county clerk 17 |
---|
1297 | 1297 | | requesting the county clerk to mail an application to preregister or 18 |
---|
1298 | 1298 | | register to vote; 19 |
---|
1299 | 1299 | | (d) At any voter registration agency; or 20 |
---|
1300 | 1300 | | (e) By submitting an application to preregister or register to vote 21 |
---|
1301 | 1301 | | by computer using the system established by the Secretary of State 22 |
---|
1302 | 1302 | | pursuant to NRS 293.671. 23 |
---|
1303 | 1303 | | If the elector fails to register under his or her new name, the 24 |
---|
1304 | 1304 | | elector may be challenged pursuant to the provisions of NRS 25 |
---|
1305 | 1305 | | 293.303 or 293C.292 and may be required to furnish [proof] 26 |
---|
1306 | 1306 | | evidence of his or her identity and subsequent change of name. 27 |
---|
1307 | 1307 | | 6. Except as otherwise provided in subsection 8 and NRS 28 |
---|
1308 | 1308 | | 293.5768 to 293.57699, inclusive, and 293.5772 to 293.5887, 29 |
---|
1309 | 1309 | | inclusive, an elector who registers to vote pursuant to paragraph (a) 30 |
---|
1310 | 1310 | | of subsection 1 shall be deemed to be registered upon the 31 |
---|
1311 | 1311 | | completion of an application to register to vote. 32 |
---|
1312 | 1312 | | 7. After the county clerk determines that the application to 33 |
---|
1313 | 1313 | | register to vote of a person is complete and that, except as otherwise 34 |
---|
1314 | 1314 | | provided in NRS 293D.210, the person is eligible to vote pursuant 35 |
---|
1315 | 1315 | | to NRS 293.485, the county clerk shall issue a voter registration 36 |
---|
1316 | 1316 | | card to the voter. 37 |
---|
1317 | 1317 | | 8. If a person or an elector submits an application to preregister 38 |
---|
1318 | 1318 | | or register to vote or an affidavit described in paragraph (c) of 39 |
---|
1319 | 1319 | | subsection 1 of NRS 293.507 that contains any handwritten 40 |
---|
1320 | 1320 | | additions, erasures or interlineations, the county clerk may object to 41 |
---|
1321 | 1321 | | the application if the county clerk believes that because of such 42 |
---|
1322 | 1322 | | handwritten additions, erasures or interlineations, the application is 43 |
---|
1323 | 1323 | | incomplete or that, except as otherwise provided in NRS 293D.210, 44 |
---|
1324 | 1324 | | the person is not eligible to preregister pursuant to NRS 293.4855 or 45 |
---|
1325 | 1325 | | – 28 – |
---|
1326 | 1326 | | |
---|
1327 | 1327 | | |
---|
1328 | 1328 | | - *AB147* |
---|
1329 | 1329 | | the elector is not eligible to vote pursuant to NRS 293.485, as 1 |
---|
1330 | 1330 | | applicable. If the county clerk objects pursuant to this subsection, he 2 |
---|
1331 | 1331 | | or she shall immediately notify the person or elector, as applicable, 3 |
---|
1332 | 1332 | | and the district attorney of the county. Not later than 5 business days 4 |
---|
1333 | 1333 | | after the district attorney receives such notification, the district 5 |
---|
1334 | 1334 | | attorney shall advise the county clerk as to whether: 6 |
---|
1335 | 1335 | | (a) The application is complete and, except as otherwise 7 |
---|
1336 | 1336 | | provided in NRS 293D.210, the person is eligible to preregister 8 |
---|
1337 | 1337 | | pursuant to NRS 293.4855 or the elector is eligible to vote pursuant 9 |
---|
1338 | 1338 | | to NRS 293.485; and 10 |
---|
1339 | 1339 | | (b) The county clerk should proceed to process the application. 11 |
---|
1340 | 1340 | | 9. If the district attorney advises the county clerk to process the 12 |
---|
1341 | 1341 | | application pursuant to subsection 8, the county clerk shall 13 |
---|
1342 | 1342 | | immediately issue a voter registration card to the applicant, unless 14 |
---|
1343 | 1343 | | the applicant is preregistered to vote and does not currently meet the 15 |
---|
1344 | 1344 | | requirements to be issued a voter registration card pursuant to 16 |
---|
1345 | 1345 | | NRS 293.4855. 17 |
---|
1346 | 1346 | | Sec. 25. NRS 293.541 is hereby amended to read as follows: 18 |
---|
1347 | 1347 | | 293.541 1. The county clerk shall cancel the preregistration 19 |
---|
1348 | 1348 | | of a person or the registration of a voter if: 20 |
---|
1349 | 1349 | | (a) After consultation with the district attorney, the district 21 |
---|
1350 | 1350 | | attorney determines that there is probable cause to believe that 22 |
---|
1351 | 1351 | | information in the application to preregister or register to vote 23 |
---|
1352 | 1352 | | concerning the identity or residence of the person or voter is 24 |
---|
1353 | 1353 | | fraudulent; 25 |
---|
1354 | 1354 | | (b) The county clerk provides a notice as required pursuant to 26 |
---|
1355 | 1355 | | subsection 2 or executes an affidavit of cancellation pursuant to 27 |
---|
1356 | 1356 | | subsection 3; and 28 |
---|
1357 | 1357 | | (c) The person or voter fails to present satisfactory [proof] 29 |
---|
1358 | 1358 | | evidence of identity and residence pursuant to subsection 2, 4 or 5. 30 |
---|
1359 | 1359 | | 2. Except as otherwise provided in subsection 3, the county 31 |
---|
1360 | 1360 | | clerk shall notify the person or voter by registered or certified mail, 32 |
---|
1361 | 1361 | | return receipt requested, of a determination made pursuant to 33 |
---|
1362 | 1362 | | subsection 1. The notice must set forth the grounds for cancellation. 34 |
---|
1363 | 1363 | | Unless the person or voter, within 15 days after the return receipt 35 |
---|
1364 | 1364 | | has been filed in the office of the county clerk, presents satisfactory 36 |
---|
1365 | 1365 | | [proof] evidence of identity and residence to the county clerk, the 37 |
---|
1366 | 1366 | | county clerk shall cancel the person’s preregistration or the voter’s 38 |
---|
1367 | 1367 | | registration, as applicable. 39 |
---|
1368 | 1368 | | 3. If insufficient time exists before a pending election to 40 |
---|
1369 | 1369 | | provide the notice required by subsection 2 to a registered voter, the 41 |
---|
1370 | 1370 | | county clerk shall execute an affidavit of cancellation and attach a 42 |
---|
1371 | 1371 | | copy of the affidavit of cancellation in the roster. 43 |
---|
1372 | 1372 | | 4. If a voter appears to vote at the election next following the 44 |
---|
1373 | 1373 | | date that an affidavit of cancellation was executed for the voter 45 |
---|
1374 | 1374 | | – 29 – |
---|
1375 | 1375 | | |
---|
1376 | 1376 | | |
---|
1377 | 1377 | | - *AB147* |
---|
1378 | 1378 | | pursuant to this section, the voter must be allowed to vote only if the 1 |
---|
1379 | 1379 | | voter furnishes: 2 |
---|
1380 | 1380 | | (a) [Official identification which contains a photograph] Proof 3 |
---|
1381 | 1381 | | of [the voter, including, without limitation, a driver’s license or 4 |
---|
1382 | 1382 | | other official document;] identity; and 5 |
---|
1383 | 1383 | | (b) Satisfactory [identification that contains proof] evidence of 6 |
---|
1384 | 1384 | | the address at which the voter actually resides and that address is 7 |
---|
1385 | 1385 | | consistent with the address listed on the roster. 8 |
---|
1386 | 1386 | | 5. If a determination is made pursuant to subsection 1 9 |
---|
1387 | 1387 | | concerning information in the registration to vote of a voter and a 10 |
---|
1388 | 1388 | | mail ballot is received from the voter, the mail ballot must be kept 11 |
---|
1389 | 1389 | | separate from other ballots and must not be counted unless the voter 12 |
---|
1390 | 1390 | | presents satisfactory [proof] evidence to the county clerk of identity 13 |
---|
1391 | 1391 | | and residence before such ballots are counted on election day. 14 |
---|
1392 | 1392 | | 6. For the purposes of this section, a voter registration card 15 |
---|
1393 | 1393 | | does not provide [proof] evidence of the: 16 |
---|
1394 | 1394 | | (a) Address at which a person actually resides; or 17 |
---|
1395 | 1395 | | (b) Residence or identity of a person. 18 |
---|
1396 | 1396 | | Sec. 26. NRS 293.5768 is hereby amended to read as follows: 19 |
---|
1397 | 1397 | | 293.5768 1. The following agencies are automatic voter 20 |
---|
1398 | 1398 | | registration agencies: 21 |
---|
1399 | 1399 | | (a) The Department of Motor Vehicles; 22 |
---|
1400 | 1400 | | (b) The Department of Health and Human Services; 23 |
---|
1401 | 1401 | | (c) Any agency designated by the Director of the Department of 24 |
---|
1402 | 1402 | | Health and Human Services to receive applications for Medicaid; 25 |
---|
1403 | 1403 | | (d) The Silver State Health Insurance Exchange created by 26 |
---|
1404 | 1404 | | NRS 695I.200; 27 |
---|
1405 | 1405 | | (e) Any agency that has been designated by the Governor as an 28 |
---|
1406 | 1406 | | automatic voter registration agency pursuant to NRS 293.57682; and 29 |
---|
1407 | 1407 | | (f) Any agency of an Indian tribe that has been designated by the 30 |
---|
1408 | 1408 | | Governor to be an automatic voter registration agency pursuant to 31 |
---|
1409 | 1409 | | NRS 293.57684. 32 |
---|
1410 | 1410 | | 2. If, in the normal course of business, an automatic voter 33 |
---|
1411 | 1411 | | registration agency collects sufficient information that demonstrates 34 |
---|
1412 | 1412 | | a person is qualified to vote pursuant to NRS 293.485, including, 35 |
---|
1413 | 1413 | | without limitation, [proof] evidence of identity, citizenship, 36 |
---|
1414 | 1414 | | residence and date of birth, the provisions of NRS 293.5768 to 37 |
---|
1415 | 1415 | | 293.57699, inclusive, apply to the automatic voter registration 38 |
---|
1416 | 1416 | | agency when a person submits any of the following: 39 |
---|
1417 | 1417 | | (a) An application for the issuance or renewal of or change of 40 |
---|
1418 | 1418 | | address for any type of driver’s license or identification card issued 41 |
---|
1419 | 1419 | | by the Department of Motor Vehicles; 42 |
---|
1420 | 1420 | | (b) An application for Medicaid through the system established 43 |
---|
1421 | 1421 | | by the Department of Health and Human Services pursuant to 44 |
---|
1422 | 1422 | | NRS 422.2703; 45 |
---|
1423 | 1423 | | – 30 – |
---|
1424 | 1424 | | |
---|
1425 | 1425 | | |
---|
1426 | 1426 | | - *AB147* |
---|
1427 | 1427 | | (c) An application for health insurance through the Silver State 1 |
---|
1428 | 1428 | | Health Insurance Exchange; and 2 |
---|
1429 | 1429 | | (d) An application for any service or assistance from an 3 |
---|
1430 | 1430 | | automatic voter registration agency described in paragraph (e) or (f) 4 |
---|
1431 | 1431 | | of subsection 1. 5 |
---|
1432 | 1432 | | 3. An automatic voter registration agency shall not: 6 |
---|
1433 | 1433 | | (a) Request any additional information for purposes of voter 7 |
---|
1434 | 1434 | | registration that is not required in the normal course of business; and 8 |
---|
1435 | 1435 | | (b) Transmit any information about a person using the system 9 |
---|
1436 | 1436 | | established pursuant to NRS 293.57686 if the person did not provide 10 |
---|
1437 | 1437 | | the agency in the normal course of business sufficient information 11 |
---|
1438 | 1438 | | that demonstrates the person is qualified to vote pursuant to NRS 12 |
---|
1439 | 1439 | | 293.485, including, without limitation, [proof] evidence of identity, 13 |
---|
1440 | 1440 | | citizenship, residence and date of birth. 14 |
---|
1441 | 1441 | | Sec. 27. NRS 293.57682 is hereby amended to read as 15 |
---|
1442 | 1442 | | follows: 16 |
---|
1443 | 1443 | | 293.57682 1. The Governor may designate any agency in the 17 |
---|
1444 | 1444 | | Executive Department of the State Government not described in 18 |
---|
1445 | 1445 | | paragraphs (a) to (d), inclusive, of subsection 1 of NRS 293.5768 as 19 |
---|
1446 | 1446 | | an automatic voter registration agency if the agency collects in the 20 |
---|
1447 | 1447 | | regular course of business from a person applying to the agency to 21 |
---|
1448 | 1448 | | receive any service or assistance sufficient information that 22 |
---|
1449 | 1449 | | demonstrates a person is qualified to vote pursuant to NRS 293.485, 23 |
---|
1450 | 1450 | | including, without limitation, [proof] evidence of identity, 24 |
---|
1451 | 1451 | | citizenship, residence and date of birth. 25 |
---|
1452 | 1452 | | 2. Upon the designation of an agency as an automatic voter 26 |
---|
1453 | 1453 | | registration agency pursuant to subsection 1: 27 |
---|
1454 | 1454 | | (a) The Governor shall notify the Secretary of State; and 28 |
---|
1455 | 1455 | | (b) The Secretary of State and the automatic voter registration 29 |
---|
1456 | 1456 | | agency shall comply with the provisions of NRS 293.57686. 30 |
---|
1457 | 1457 | | Sec. 28. NRS 293.57684 is hereby amended to read as 31 |
---|
1458 | 1458 | | follows: 32 |
---|
1459 | 1459 | | 293.57684 1. If an Indian reservation or Indian colony is 33 |
---|
1460 | 1460 | | located in whole or in part within a county, the Indian tribe may 34 |
---|
1461 | 1461 | | submit a request to the Governor for approval to allow an agency of 35 |
---|
1462 | 1462 | | the tribe to become an automatic voter registration agency in order 36 |
---|
1463 | 1463 | | to submit voter registration information of tribal members to the 37 |
---|
1464 | 1464 | | Secretary of State and the database created by the Secretary of State 38 |
---|
1465 | 1465 | | pursuant to NRS 293.675 for the purpose of registering tribal 39 |
---|
1466 | 1466 | | members to vote or updating the voter registration information of 40 |
---|
1467 | 1467 | | tribal members for the purpose of correcting the statewide voter 41 |
---|
1468 | 1468 | | registration list pursuant to NRS 293.530. 42 |
---|
1469 | 1469 | | 2. If the Governor finds that the tribal agency collects in the 43 |
---|
1470 | 1470 | | regular course of business from a person applying to the agency to 44 |
---|
1471 | 1471 | | receive any service or assistance sufficient information that 45 |
---|
1472 | 1472 | | – 31 – |
---|
1473 | 1473 | | |
---|
1474 | 1474 | | |
---|
1475 | 1475 | | - *AB147* |
---|
1476 | 1476 | | demonstrates the person is qualified to vote pursuant to NRS 1 |
---|
1477 | 1477 | | 293.485, including, without limitation, [proof] evidence of identity, 2 |
---|
1478 | 1478 | | citizenship, residence and date of birth: 3 |
---|
1479 | 1479 | | (a) The Governor shall designate the tribal agency as an 4 |
---|
1480 | 1480 | | automatic voter registration agency; and 5 |
---|
1481 | 1481 | | (b) The Secretary of State and the Indian tribe shall comply with 6 |
---|
1482 | 1482 | | the provisions of NRS 293.57686. 7 |
---|
1483 | 1483 | | Sec. 29. NRS 293.57691 is hereby amended to read as 8 |
---|
1484 | 1484 | | follows: 9 |
---|
1485 | 1485 | | 293.57691 1. A county clerk shall not reject as an application 10 |
---|
1486 | 1486 | | to register to vote the information received from an automatic voter 11 |
---|
1487 | 1487 | | registration agency solely on the basis that the information does not 12 |
---|
1488 | 1488 | | contain an electronic facsimile of the signature of the person who is 13 |
---|
1489 | 1489 | | applying to vote or update his or her voter registration information 14 |
---|
1490 | 1490 | | on the statewide voter registration list. 15 |
---|
1491 | 1491 | | 2. If the county clerk does not receive an electronic facsimile 16 |
---|
1492 | 1492 | | of the signature of the person from the automatic voter registration 17 |
---|
1493 | 1493 | | agency, the county clerk must obtain the person’s signature or an 18 |
---|
1494 | 1494 | | electronic facsimile of the person’s signature through one of the 19 |
---|
1495 | 1495 | | following methods: 20 |
---|
1496 | 1496 | | (a) Through the notice provided by the county clerk to the 21 |
---|
1497 | 1497 | | person pursuant to NRS 293.57693, if the notice is returned to 22 |
---|
1498 | 1498 | | the county clerk by the person and the returned notice includes the 23 |
---|
1499 | 1499 | | person’s signature; 24 |
---|
1500 | 1500 | | (b) Requesting an electronic facsimile of the person’s signature 25 |
---|
1501 | 1501 | | from the Department of Motor Vehicles or another state agency; 26 |
---|
1502 | 1502 | | (c) Requesting the person to submit an electronic facsimile of 27 |
---|
1503 | 1503 | | the person’s signature through a method approved by the Secretary 28 |
---|
1504 | 1504 | | of State; or 29 |
---|
1505 | 1505 | | (d) Requesting the person to sign a paper or electronic form the 30 |
---|
1506 | 1506 | | first time the person applies to vote in person at a polling place, 31 |
---|
1507 | 1507 | | including, without limitation, a polling place for early voting by 32 |
---|
1508 | 1508 | | personal appearance. A signature provided by a person pursuant to 33 |
---|
1509 | 1509 | | this paragraph must be compared to one of the forms of 34 |
---|
1510 | 1510 | | [identification] the person’s proof of identity which [may be used 35 |
---|
1511 | 1511 | | individually to identify a voter at the polling place set forth in NRS 36 |
---|
1512 | 1512 | | 293.277] includes his or her signature before the person is allowed 37 |
---|
1513 | 1513 | | to vote in person. 38 |
---|
1514 | 1514 | | 3. In addition to the requirements of this section and NRS 39 |
---|
1515 | 1515 | | 293.2725, a person who is registered to vote pursuant to NRS 40 |
---|
1516 | 1516 | | 293.5768 to 293.57699, inclusive, must provide an affirmation 41 |
---|
1517 | 1517 | | signed under penalty of perjury that the person is eligible to vote the 42 |
---|
1518 | 1518 | | first time a person votes in person or by mail ballot if the person has 43 |
---|
1519 | 1519 | | not already provided such an affirmation to the county clerk. 44 |
---|
1520 | 1520 | | – 32 – |
---|
1521 | 1521 | | |
---|
1522 | 1522 | | |
---|
1523 | 1523 | | - *AB147* |
---|
1524 | 1524 | | Sec. 30. NRS 293.5837 is hereby amended to read as follows: 1 |
---|
1525 | 1525 | | 293.5837 1. An elector may register to vote in the county or 2 |
---|
1526 | 1526 | | city, as applicable, in which the elector is eligible to vote by 3 |
---|
1527 | 1527 | | submitting an application to register to vote by computer using the 4 |
---|
1528 | 1528 | | system established by the Secretary of State pursuant to NRS 5 |
---|
1529 | 1529 | | 293.671 before the elector appears at a polling place described in 6 |
---|
1530 | 1530 | | subsection 2 to vote in person. 7 |
---|
1531 | 1531 | | 2. If an elector submits an application to register to vote 8 |
---|
1532 | 1532 | | pursuant to this section less than 14 days before the election, the 9 |
---|
1533 | 1533 | | elector may vote only in person: 10 |
---|
1534 | 1534 | | (a) During the period for early voting, at any polling place for 11 |
---|
1535 | 1535 | | early voting by personal appearance in the county or city, as 12 |
---|
1536 | 1536 | | applicable, in which the elector is eligible to vote; or 13 |
---|
1537 | 1537 | | (b) On the day of the election, at: 14 |
---|
1538 | 1538 | | (1) A polling place established pursuant to NRS 293.3072 or 15 |
---|
1539 | 1539 | | 293C.3032 in the county or city, as applicable, in which the elector 16 |
---|
1540 | 1540 | | is eligible to vote; or 17 |
---|
1541 | 1541 | | (2) The polling place for his or her election precinct. 18 |
---|
1542 | 1542 | | 3. To vote in person, an elector who submits an application to 19 |
---|
1543 | 1543 | | register to vote pursuant to this section must: 20 |
---|
1544 | 1544 | | (a) Appear before the close of polls at a polling place described 21 |
---|
1545 | 1545 | | in subsection 2; 22 |
---|
1546 | 1546 | | (b) Inform an election board officer that, before appearing at the 23 |
---|
1547 | 1547 | | polling place, the elector submitted an application to register to vote 24 |
---|
1548 | 1548 | | by computer using the system established by the Secretary of State 25 |
---|
1549 | 1549 | | pursuant to NRS 293.671; and 26 |
---|
1550 | 1550 | | (c) Except as otherwise provided in subsection 4, provide his or 27 |
---|
1551 | 1551 | | her current and valid driver’s license or identification card issued by 28 |
---|
1552 | 1552 | | the Department of Motor Vehicles which shows his or her physical 29 |
---|
1553 | 1553 | | address as [proof] evidence of the elector’s identity and residency. 30 |
---|
1554 | 1554 | | 4. If the driver’s license or identification card issued by the 31 |
---|
1555 | 1555 | | Department of Motor Vehicles to the elector does not have the 32 |
---|
1556 | 1556 | | elector’s current residential address, the following documents may 33 |
---|
1557 | 1557 | | be used to establish the residency of the elector if the current 34 |
---|
1558 | 1558 | | residential address of the elector, as indicated on his or her 35 |
---|
1559 | 1559 | | application to register to vote, is displayed on the document: 36 |
---|
1560 | 1560 | | (a) A military identification card; 37 |
---|
1561 | 1561 | | (b) A utility bill, including, without limitation, a bill for electric, 38 |
---|
1562 | 1562 | | gas, oil, water, sewer, septic, telephone, cellular telephone or cable 39 |
---|
1563 | 1563 | | television service; 40 |
---|
1564 | 1564 | | (c) A bank or credit union statement; 41 |
---|
1565 | 1565 | | (d) A paycheck; 42 |
---|
1566 | 1566 | | (e) An income tax return; 43 |
---|
1567 | 1567 | | (f) A statement concerning the mortgage, rental or lease of a 44 |
---|
1568 | 1568 | | residence; 45 |
---|
1569 | 1569 | | – 33 – |
---|
1570 | 1570 | | |
---|
1571 | 1571 | | |
---|
1572 | 1572 | | - *AB147* |
---|
1573 | 1573 | | (g) A motor vehicle registration; 1 |
---|
1574 | 1574 | | (h) A property tax statement; or 2 |
---|
1575 | 1575 | | (i) Any other document issued by a governmental agency. 3 |
---|
1576 | 1576 | | 5. Subject to final verification, if an elector submits an 4 |
---|
1577 | 1577 | | application to register to vote and appears at a polling place to vote 5 |
---|
1578 | 1578 | | in person pursuant to this section: 6 |
---|
1579 | 1579 | | (a) The elector shall be deemed to be conditionally registered to 7 |
---|
1580 | 1580 | | vote at the polling place upon: 8 |
---|
1581 | 1581 | | (1) The determination that the elector submitted the 9 |
---|
1582 | 1582 | | application to register to vote by computer using the system 10 |
---|
1583 | 1583 | | established by the Secretary of State pursuant to NRS 293.671 and 11 |
---|
1584 | 1584 | | that the application to register to vote is complete; and 12 |
---|
1585 | 1585 | | (2) The verification of the elector’s identity and residency 13 |
---|
1586 | 1586 | | pursuant to this section. 14 |
---|
1587 | 1587 | | (b) After the elector is deemed to be conditionally registered to 15 |
---|
1588 | 1588 | | vote at the polling place pursuant to paragraph (a), the elector: 16 |
---|
1589 | 1589 | | (1) May vote in the election only at that polling place; 17 |
---|
1590 | 1590 | | (2) Must vote as soon as practicable and before leaving that 18 |
---|
1591 | 1591 | | polling place; and 19 |
---|
1592 | 1592 | | (3) Must vote by casting a provisional ballot, unless it is 20 |
---|
1593 | 1593 | | verified, at that time, that the elector is qualified to register to vote 21 |
---|
1594 | 1594 | | and to cast a regular ballot in the election at that polling place. 22 |
---|
1595 | 1595 | | Sec. 31. NRS 293.5842 is hereby amended to read as follows: 23 |
---|
1596 | 1596 | | 293.5842 1. Notwithstanding the close of any method of 24 |
---|
1597 | 1597 | | registration for an election pursuant to NRS 293.560 or 293C.527, 25 |
---|
1598 | 1598 | | an elector may register to vote in person at any polling place for 26 |
---|
1599 | 1599 | | early voting by personal appearance in the county or city, as 27 |
---|
1600 | 1600 | | applicable, in which the elector is eligible to vote. 28 |
---|
1601 | 1601 | | 2. To register to vote in person during the period for early 29 |
---|
1602 | 1602 | | voting, an elector must: 30 |
---|
1603 | 1603 | | (a) Appear before the close of polls at a polling place for early 31 |
---|
1604 | 1604 | | voting by personal appearance in the county or city, as applicable, in 32 |
---|
1605 | 1605 | | which the elector is eligible to vote. 33 |
---|
1606 | 1606 | | (b) Complete the application to register to vote by a method 34 |
---|
1607 | 1607 | | authorized by the county or city clerk pursuant to this paragraph. 35 |
---|
1608 | 1608 | | The county or city clerk shall authorize at least one of the following 36 |
---|
1609 | 1609 | | methods for a person to register to vote pursuant to this paragraph: 37 |
---|
1610 | 1610 | | (1) A paper application; or 38 |
---|
1611 | 1611 | | (2) The system established by the Secretary of State pursuant 39 |
---|
1612 | 1612 | | to NRS 293.671. 40 |
---|
1613 | 1613 | | If the county or city clerk authorizes the use of both methods, the 41 |
---|
1614 | 1614 | | county or city clerk may limit the use of one method to 42 |
---|
1615 | 1615 | | circumstances when the other method is not reasonably available. 43 |
---|
1616 | 1616 | | (c) Except as otherwise provided in subsection 3, provide his or 44 |
---|
1617 | 1617 | | her current and valid driver’s license or identification card issued by 45 |
---|
1618 | 1618 | | – 34 – |
---|
1619 | 1619 | | |
---|
1620 | 1620 | | |
---|
1621 | 1621 | | - *AB147* |
---|
1622 | 1622 | | the Department of Motor Vehicles which shows his or her physical 1 |
---|
1623 | 1623 | | address as [proof] evidence of the elector’s identity and residency. 2 |
---|
1624 | 1624 | | 3. If the driver’s license or identification card issued by the 3 |
---|
1625 | 1625 | | Department of Motor Vehicles to the elector does not have the 4 |
---|
1626 | 1626 | | elector’s current residential address, the following documents may 5 |
---|
1627 | 1627 | | be used to establish the residency of the elector if the current 6 |
---|
1628 | 1628 | | residential address of the elector, as indicated on his or her 7 |
---|
1629 | 1629 | | application to register to vote, is displayed on the document: 8 |
---|
1630 | 1630 | | (a) A military identification card; 9 |
---|
1631 | 1631 | | (b) A utility bill, including, without limitation, a bill for electric, 10 |
---|
1632 | 1632 | | gas, oil, water, sewer, septic, telephone, cellular telephone or cable 11 |
---|
1633 | 1633 | | television service; 12 |
---|
1634 | 1634 | | (c) A bank or credit union statement; 13 |
---|
1635 | 1635 | | (d) A paycheck; 14 |
---|
1636 | 1636 | | (e) An income tax return; 15 |
---|
1637 | 1637 | | (f) A statement concerning the mortgage, rental or lease of a 16 |
---|
1638 | 1638 | | residence; 17 |
---|
1639 | 1639 | | (g) A motor vehicle registration; 18 |
---|
1640 | 1640 | | (h) A property tax statement; or 19 |
---|
1641 | 1641 | | (i) Any other document issued by a governmental agency. 20 |
---|
1642 | 1642 | | 4. Subject to final verification, if an elector registers to vote in 21 |
---|
1643 | 1643 | | person at a polling place pursuant to this section: 22 |
---|
1644 | 1644 | | (a) The elector shall be deemed to be conditionally registered to 23 |
---|
1645 | 1645 | | vote at the polling place upon: 24 |
---|
1646 | 1646 | | (1) The determination that the application to register to vote 25 |
---|
1647 | 1647 | | is complete; and 26 |
---|
1648 | 1648 | | (2) The verification of the elector’s identity and residency 27 |
---|
1649 | 1649 | | pursuant to this section. 28 |
---|
1650 | 1650 | | (b) After the elector is deemed to be conditionally registered to 29 |
---|
1651 | 1651 | | vote at the polling place pursuant to paragraph (a), the elector: 30 |
---|
1652 | 1652 | | (1) May vote in the election only at that polling place; 31 |
---|
1653 | 1653 | | (2) Must vote as soon as practicable and before leaving that 32 |
---|
1654 | 1654 | | polling place; and 33 |
---|
1655 | 1655 | | (3) Must vote by casting a provisional ballot, unless it is 34 |
---|
1656 | 1656 | | verified, at that time, that the elector is qualified to register to vote 35 |
---|
1657 | 1657 | | and to cast a regular ballot in the election at that polling place. 36 |
---|
1658 | 1658 | | Sec. 32. NRS 293.5847 is hereby amended to read as follows: 37 |
---|
1659 | 1659 | | 293.5847 1. Notwithstanding the close of any method of 38 |
---|
1660 | 1660 | | registration for an election pursuant to NRS 293.560 or 293C.527, 39 |
---|
1661 | 1661 | | an elector may register to vote in person on the day of the election at 40 |
---|
1662 | 1662 | | any polling place in the county or city, as applicable, in which the 41 |
---|
1663 | 1663 | | elector is eligible to vote. 42 |
---|
1664 | 1664 | | 2. To register to vote on the day of the election, an elector 43 |
---|
1665 | 1665 | | must: 44 |
---|
1666 | 1666 | | – 35 – |
---|
1667 | 1667 | | |
---|
1668 | 1668 | | |
---|
1669 | 1669 | | - *AB147* |
---|
1670 | 1670 | | (a) Appear before the close of polls at a polling place in the 1 |
---|
1671 | 1671 | | county or city, as applicable, in which the elector is eligible to vote. 2 |
---|
1672 | 1672 | | (b) Complete the application to register to vote by a method 3 |
---|
1673 | 1673 | | authorized by the county or city clerk pursuant to this paragraph. 4 |
---|
1674 | 1674 | | The county or city clerk shall authorize at least one of the following 5 |
---|
1675 | 1675 | | methods for a person to register to vote pursuant to this paragraph: 6 |
---|
1676 | 1676 | | (1) A paper application; or 7 |
---|
1677 | 1677 | | (2) The system established by the Secretary of State pursuant 8 |
---|
1678 | 1678 | | to NRS 293.671. 9 |
---|
1679 | 1679 | | If the county or city clerk authorizes the use of both methods, the 10 |
---|
1680 | 1680 | | county or city clerk may limit the use of one method to 11 |
---|
1681 | 1681 | | circumstances when the other method is not reasonably available. 12 |
---|
1682 | 1682 | | (c) Except as otherwise provided in subsection 3, provide his or 13 |
---|
1683 | 1683 | | her current and valid driver’s license or identification card issued by 14 |
---|
1684 | 1684 | | the Department of Motor Vehicles which shows his or her physical 15 |
---|
1685 | 1685 | | address as [proof] evidence of the elector’s identity and residency. 16 |
---|
1686 | 1686 | | 3. If the driver’s license or identification card issued by the 17 |
---|
1687 | 1687 | | Department of Motor Vehicles to the elector does not have the 18 |
---|
1688 | 1688 | | elector’s current residential address, the following documents may 19 |
---|
1689 | 1689 | | be used to establish the residency of the elector if the current 20 |
---|
1690 | 1690 | | residential address of the elector, as indicated on his or her 21 |
---|
1691 | 1691 | | application to register to vote, is displayed on the document: 22 |
---|
1692 | 1692 | | (a) A military identification card; 23 |
---|
1693 | 1693 | | (b) A utility bill, including, without limitation, a bill for electric, 24 |
---|
1694 | 1694 | | gas, oil, water, sewer, septic, telephone, cellular telephone or cable 25 |
---|
1695 | 1695 | | television service; 26 |
---|
1696 | 1696 | | (c) A bank or credit union statement; 27 |
---|
1697 | 1697 | | (d) A paycheck; 28 |
---|
1698 | 1698 | | (e) An income tax return; 29 |
---|
1699 | 1699 | | (f) A statement concerning the mortgage, rental or lease of a 30 |
---|
1700 | 1700 | | residence; 31 |
---|
1701 | 1701 | | (g) A motor vehicle registration; 32 |
---|
1702 | 1702 | | (h) A property tax statement; or 33 |
---|
1703 | 1703 | | (i) Any other document issued by a governmental agency. 34 |
---|
1704 | 1704 | | 4. Subject to final verification, if an elector registers to vote in 35 |
---|
1705 | 1705 | | person at a polling place pursuant to this section: 36 |
---|
1706 | 1706 | | (a) The elector shall be deemed to be conditionally registered to 37 |
---|
1707 | 1707 | | vote at the polling place upon: 38 |
---|
1708 | 1708 | | (1) The determination that the application to register to vote 39 |
---|
1709 | 1709 | | is complete; and 40 |
---|
1710 | 1710 | | (2) The verification of the elector’s identity and residency 41 |
---|
1711 | 1711 | | pursuant to this section. 42 |
---|
1712 | 1712 | | (b) After the elector is deemed to be conditionally registered to 43 |
---|
1713 | 1713 | | vote at the polling place pursuant to paragraph (a), the elector: 44 |
---|
1714 | 1714 | | (1) May vote in the election only at that polling place; 45 |
---|
1715 | 1715 | | – 36 – |
---|
1716 | 1716 | | |
---|
1717 | 1717 | | |
---|
1718 | 1718 | | - *AB147* |
---|
1719 | 1719 | | (2) Must vote as soon as practicable and before leaving that 1 |
---|
1720 | 1720 | | polling place; and 2 |
---|
1721 | 1721 | | (3) Must vote by casting a provisional ballot. 3 |
---|
1722 | 1722 | | Sec. 33. NRS 293.775 is hereby amended to read as follows: 4 |
---|
1723 | 1723 | | 293.775 1. A person who is not a qualified elector and who 5 |
---|
1724 | 1724 | | votes or attempts to vote knowing that he or she is not a qualified 6 |
---|
1725 | 1725 | | elector is guilty of a category D felony and shall be punished as 7 |
---|
1726 | 1726 | | provided in NRS 193.130. 8 |
---|
1727 | 1727 | | 2. A person who votes or attempts to vote using the name of 9 |
---|
1728 | 1728 | | another person , including, without limitation, voting the mail 10 |
---|
1729 | 1729 | | ballot of another person, is guilty of a category D felony and shall 11 |
---|
1730 | 1730 | | be punished as provided in NRS 193.130. 12 |
---|
1731 | 1731 | | Sec. 34. NRS 293C.185 is hereby amended to read as follows: 13 |
---|
1732 | 1732 | | 293C.185 1. Except as otherwise provided in NRS 293C.190, 14 |
---|
1733 | 1733 | | a name may not be printed on a ballot to be used at a primary or 15 |
---|
1734 | 1734 | | general city election unless the person named has, in accordance 16 |
---|
1735 | 1735 | | with NRS 293C.145 or 293C.175, as applicable, timely filed a 17 |
---|
1736 | 1736 | | declaration of candidacy with the appropriate filing officer and paid 18 |
---|
1737 | 1737 | | the filing fee established by the governing body of the city. 19 |
---|
1738 | 1738 | | 2. A declaration of candidacy required to be filed pursuant to 20 |
---|
1739 | 1739 | | this chapter must be in substantially the following form: 21 |
---|
1740 | 1740 | | 22 |
---|
1741 | 1741 | | DECLARATION OF CANDIDACY OF ........ FOR THE 23 |
---|
1742 | 1742 | | OFFICE OF ................ 24 |
---|
1743 | 1743 | | 25 |
---|
1744 | 1744 | | State of Nevada 26 |
---|
1745 | 1745 | | 27 |
---|
1746 | 1746 | | City of .............................. 28 |
---|
1747 | 1747 | | 29 |
---|
1748 | 1748 | | For the purpose of having my name placed on the official 30 |
---|
1749 | 1749 | | ballot as a candidate for the office of .................., I, 31 |
---|
1750 | 1750 | | .................., the undersigned do swear or affirm under penalty 32 |
---|
1751 | 1751 | | of perjury that I actually, as opposed to constructively, reside 33 |
---|
1752 | 1752 | | at .................., in the City or Town of .................., County of 34 |
---|
1753 | 1753 | | .................., State of Nevada; that my actual, as opposed to 35 |
---|
1754 | 1754 | | constructive, residence in the city, township or other area 36 |
---|
1755 | 1755 | | prescribed by law to which the office pertains began on a date 37 |
---|
1756 | 1756 | | at least 30 days immediately preceding the date of the close 38 |
---|
1757 | 1757 | | of filing of declarations of candidacy for this office; that my 39 |
---|
1758 | 1758 | | telephone number is .................., and the address at which I 40 |
---|
1759 | 1759 | | receive mail, if different than my residence, is ..................; 41 |
---|
1760 | 1760 | | that I am a qualified elector pursuant to Section 1 of Article 2 42 |
---|
1761 | 1761 | | of the Constitution of the State of Nevada; that if I have ever 43 |
---|
1762 | 1762 | | been convicted of treason or a felony, my civil rights have 44 |
---|
1763 | 1763 | | been restored; that if nominated as a candidate at the ensuing 45 |
---|
1764 | 1764 | | – 37 – |
---|
1765 | 1765 | | |
---|
1766 | 1766 | | |
---|
1767 | 1767 | | - *AB147* |
---|
1768 | 1768 | | election I will accept the nomination and not withdraw; that I 1 |
---|
1769 | 1769 | | will not knowingly violate any election law or any law 2 |
---|
1770 | 1770 | | defining and prohibiting corrupt and fraudulent practices in 3 |
---|
1771 | 1771 | | campaigns and elections in this State; that I will qualify for 4 |
---|
1772 | 1772 | | the office if elected thereto, including, but not limited to, 5 |
---|
1773 | 1773 | | complying with any limitation prescribed by the Constitution 6 |
---|
1774 | 1774 | | and laws of this State concerning the number of years or 7 |
---|
1775 | 1775 | | terms for which a person may hold the office; that I 8 |
---|
1776 | 1776 | | understand that knowingly and willfully filing a declaration 9 |
---|
1777 | 1777 | | of candidacy which contains a false statement is a crime 10 |
---|
1778 | 1778 | | punishable as a gross misdemeanor and also subjects me to a 11 |
---|
1779 | 1779 | | civil action disqualifying me from entering upon the duties of 12 |
---|
1780 | 1780 | | the office; and that I understand that my name will appear on 13 |
---|
1781 | 1781 | | all ballots as designated in this declaration. 14 |
---|
1782 | 1782 | | 15 |
---|
1783 | 1783 | | ................................................................ 16 |
---|
1784 | 1784 | | (Designation of name) 17 |
---|
1785 | 1785 | | 18 |
---|
1786 | 1786 | | ................................................................ 19 |
---|
1787 | 1787 | | (Signature of candidate for office) 20 |
---|
1788 | 1788 | | 21 |
---|
1789 | 1789 | | Subscribed and sworn to before me 22 |
---|
1790 | 1790 | | this ...... day of the month of ...... of the year ...... 23 |
---|
1791 | 1791 | | 24 |
---|
1792 | 1792 | | ...................................................................... 25 |
---|
1793 | 1793 | | Notary Public or other person 26 |
---|
1794 | 1794 | | authorized to administer an oath 27 |
---|
1795 | 1795 | | 28 |
---|
1796 | 1796 | | 3. The address of a candidate that must be included in the 29 |
---|
1797 | 1797 | | declaration of candidacy pursuant to subsection 2 must be the street 30 |
---|
1798 | 1798 | | address of the residence where the candidate actually, as opposed to 31 |
---|
1799 | 1799 | | constructively, resides in accordance with NRS 281.050, if one has 32 |
---|
1800 | 1800 | | been assigned. The declaration of candidacy must not be accepted 33 |
---|
1801 | 1801 | | for filing if the candidate fails to comply with the following 34 |
---|
1802 | 1802 | | provisions of this subsection or, if applicable, the provisions of 35 |
---|
1803 | 1803 | | subsection 4: 36 |
---|
1804 | 1804 | | (a) The candidate shall not list the candidate’s address as a post 37 |
---|
1805 | 1805 | | office box unless a street address has not been assigned to the 38 |
---|
1806 | 1806 | | residence; and 39 |
---|
1807 | 1807 | | (b) Except as otherwise provided in subsection 4, the candidate 40 |
---|
1808 | 1808 | | shall present to the filing officer: 41 |
---|
1809 | 1809 | | (1) A valid driver’s license or identification card issued by a 42 |
---|
1810 | 1810 | | governmental agency that contains a photograph of the candidate 43 |
---|
1811 | 1811 | | and the candidate’s residential address; or 44 |
---|
1812 | 1812 | | – 38 – |
---|
1813 | 1813 | | |
---|
1814 | 1814 | | |
---|
1815 | 1815 | | - *AB147* |
---|
1816 | 1816 | | (2) A current utility bill, bank statement, paycheck, or 1 |
---|
1817 | 1817 | | document issued by a governmental entity, including a check which 2 |
---|
1818 | 1818 | | indicates the candidate’s name and residential address, but not 3 |
---|
1819 | 1819 | | including a voter registration card. 4 |
---|
1820 | 1820 | | 4. If the candidate executes an oath or affirmation under 5 |
---|
1821 | 1821 | | penalty of perjury stating that the candidate is unable to present to 6 |
---|
1822 | 1822 | | the filing officer the proof of residency required by subsection 3 7 |
---|
1823 | 1823 | | because a street address has not been assigned to the candidate’s 8 |
---|
1824 | 1824 | | residence or because the rural or remote location of the candidate’s 9 |
---|
1825 | 1825 | | residence makes it impracticable to present the proof of residency 10 |
---|
1826 | 1826 | | required by subsection 3, the candidate shall present to the filing 11 |
---|
1827 | 1827 | | officer: 12 |
---|
1828 | 1828 | | (a) A valid driver’s license or identification card issued by a 13 |
---|
1829 | 1829 | | governmental agency that contains a photograph of the candidate; 14 |
---|
1830 | 1830 | | and 15 |
---|
1831 | 1831 | | (b) Alternative proof of the candidate’s residential address that 16 |
---|
1832 | 1832 | | the filing officer determines is sufficient to verify where the 17 |
---|
1833 | 1833 | | candidate actually, as opposed to constructively, resides in 18 |
---|
1834 | 1834 | | accordance with NRS 281.050. The Secretary of State may adopt 19 |
---|
1835 | 1835 | | regulations establishing the forms of alternative proof of the 20 |
---|
1836 | 1836 | | candidate’s residential address that the filing officer may accept to 21 |
---|
1837 | 1837 | | verify where the candidate actually, as opposed to constructively, 22 |
---|
1838 | 1838 | | resides in accordance with NRS 281.050. 23 |
---|
1839 | 1839 | | 5. The filing officer shall retain a copy of the [proof] evidence 24 |
---|
1840 | 1840 | | of identity and residency provided by the candidate pursuant to 25 |
---|
1841 | 1841 | | subsection 3 or 4. Such a copy: 26 |
---|
1842 | 1842 | | (a) May not be withheld from the public; and 27 |
---|
1843 | 1843 | | (b) Must not contain the social security number, driver’s license 28 |
---|
1844 | 1844 | | or identification card number or account number of the candidate. 29 |
---|
1845 | 1845 | | 6. By filing the declaration of candidacy, the candidate shall be 30 |
---|
1846 | 1846 | | deemed to have appointed the city clerk as his or her agent for 31 |
---|
1847 | 1847 | | service of process for the purposes of a proceeding pursuant to NRS 32 |
---|
1848 | 1848 | | 293C.186. Service of such process must first be attempted at the 33 |
---|
1849 | 1849 | | appropriate address as specified by the candidate in the declaration 34 |
---|
1850 | 1850 | | of candidacy. If the candidate cannot be served at that address, 35 |
---|
1851 | 1851 | | service must be made by personally delivering to and leaving with 36 |
---|
1852 | 1852 | | the city clerk duplicate copies of the process. The city clerk shall 37 |
---|
1853 | 1853 | | immediately send, by registered or certified mail, one of the copies 38 |
---|
1854 | 1854 | | to the candidate at the specified address, unless the candidate has 39 |
---|
1855 | 1855 | | designated in writing to the city clerk a different address for that 40 |
---|
1856 | 1856 | | purpose, in which case the city clerk shall mail the copy to the last 41 |
---|
1857 | 1857 | | address so designated. 42 |
---|
1858 | 1858 | | 7. If the city clerk receives credible evidence indicating that a 43 |
---|
1859 | 1859 | | candidate has been convicted of a felony and has not had his or her 44 |
---|
1860 | 1860 | | civil rights restored, the city clerk: 45 |
---|
1861 | 1861 | | – 39 – |
---|
1862 | 1862 | | |
---|
1863 | 1863 | | |
---|
1864 | 1864 | | - *AB147* |
---|
1865 | 1865 | | (a) May conduct an investigation to determine whether the 1 |
---|
1866 | 1866 | | candidate has been convicted of a felony and, if so, whether the 2 |
---|
1867 | 1867 | | candidate has had his or her civil rights restored; and 3 |
---|
1868 | 1868 | | (b) Shall transmit the credible evidence and the findings from 4 |
---|
1869 | 1869 | | such investigation to the city attorney. 5 |
---|
1870 | 1870 | | 8. The receipt of information by the city attorney pursuant to 6 |
---|
1871 | 1871 | | subsection 7 must be treated as a challenge of a candidate pursuant 7 |
---|
1872 | 1872 | | to subsections 4 and 5 of NRS 293C.186 to which the provisions of 8 |
---|
1873 | 1873 | | NRS 293.2045 apply. 9 |
---|
1874 | 1874 | | 9. Any person who knowingly and willfully files a declaration 10 |
---|
1875 | 1875 | | of candidacy which contains a false statement in violation of this 11 |
---|
1876 | 1876 | | section is guilty of a gross misdemeanor. 12 |
---|
1877 | 1877 | | Sec. 35. NRS 293C.26312 is hereby amended to read as 13 |
---|
1878 | 1878 | | follows: 14 |
---|
1879 | 1879 | | 293C.26312 1. Except as otherwise provided in subsection 2, 15 |
---|
1880 | 1880 | | NRS 293C.263 and chapter 293D of NRS, the city clerk shall send 16 |
---|
1881 | 1881 | | to each active registered voter by first-class mail, or by any class of 17 |
---|
1882 | 1882 | | mail if the Official Election Mail logo or an equivalent logo or mark 18 |
---|
1883 | 1883 | | created by the United States Postal Service is properly placed: 19 |
---|
1884 | 1884 | | (a) A mail ballot; 20 |
---|
1885 | 1885 | | (b) A return envelope [;] , which must include, without 21 |
---|
1886 | 1886 | | limitation, a flap to cover the signature and identifying numbers of 22 |
---|
1887 | 1887 | | the voter required to be written on the return envelope pursuant to 23 |
---|
1888 | 1888 | | NRS 293C.26316; 24 |
---|
1889 | 1889 | | (c) An envelope or sleeve into which the mail ballot is inserted 25 |
---|
1890 | 1890 | | to ensure its secrecy; and 26 |
---|
1891 | 1891 | | (d) Instructions. 27 |
---|
1892 | 1892 | | 2. In sending a mail ballot to an active registered voter, the city 28 |
---|
1893 | 1893 | | clerk shall use an envelope that may not be forwarded to an address 29 |
---|
1894 | 1894 | | of the voter that is different from the address to which the mail 30 |
---|
1895 | 1895 | | ballot is mailed. 31 |
---|
1896 | 1896 | | 3. The return envelope must include postage prepaid by first-32 |
---|
1897 | 1897 | | class mail if the active registered voter is within the boundaries of 33 |
---|
1898 | 1898 | | the United States, its territories or possessions or on a military base. 34 |
---|
1899 | 1899 | | 4. Before sending a mail ballot to an active registered voter, the 35 |
---|
1900 | 1900 | | city clerk shall record: 36 |
---|
1901 | 1901 | | (a) The date the mail ballot is issued; 37 |
---|
1902 | 1902 | | (b) The name of the voter to whom the mail ballot is issued, his 38 |
---|
1903 | 1903 | | or her precinct or district and his or her political affiliation, if any, 39 |
---|
1904 | 1904 | | unless all the offices on the mail ballot are nonpartisan offices; 40 |
---|
1905 | 1905 | | (c) The number of the mail ballot; and 41 |
---|
1906 | 1906 | | (d) Any remarks the city clerk finds appropriate. 42 |
---|
1907 | 1907 | | 5. The Secretary of State shall prescribe: 43 |
---|
1908 | 1908 | | – 40 – |
---|
1909 | 1909 | | |
---|
1910 | 1910 | | |
---|
1911 | 1911 | | - *AB147* |
---|
1912 | 1912 | | (a) The form of all envelopes in which mail ballots are sent to 1 |
---|
1913 | 1913 | | voters and return envelopes, which must, except as otherwise 2 |
---|
1914 | 1914 | | provided in paragraph (b), be uniform throughout the State; and 3 |
---|
1915 | 1915 | | (b) A method for distinguishing the return envelopes of each 4 |
---|
1916 | 1916 | | city which must be prominently displayed on the outside of the 5 |
---|
1917 | 1917 | | return envelope. 6 |
---|
1918 | 1918 | | Sec. 36. NRS 293C.26316 is hereby amended to read as 7 |
---|
1919 | 1919 | | follows: 8 |
---|
1920 | 1920 | | 293C.26316 1. Except as otherwise provided in NRS 9 |
---|
1921 | 1921 | | 293C.26318 and chapter 293D of NRS, in order to vote a mail 10 |
---|
1922 | 1922 | | ballot, the voter must, in accordance with the instructions: 11 |
---|
1923 | 1923 | | (a) Mark and fold the mail ballot; 12 |
---|
1924 | 1924 | | (b) Deposit the mail ballot in the return envelope and seal the 13 |
---|
1925 | 1925 | | return envelope; 14 |
---|
1926 | 1926 | | (c) Affix his or her signature on the return envelope in the space 15 |
---|
1927 | 1927 | | provided for the signature; [and] 16 |
---|
1928 | 1928 | | (d) Write in the space provided on the return envelope one of 17 |
---|
1929 | 1929 | | the following: 18 |
---|
1930 | 1930 | | (1) The last four digits of his or her driver’s license number 19 |
---|
1931 | 1931 | | issued by the Department of Motor Vehicles; 20 |
---|
1932 | 1932 | | (2) If the voter does not have a driver’s license number 21 |
---|
1933 | 1933 | | issued by the Department of Motor Vehicles, the last four digits of 22 |
---|
1934 | 1934 | | his or her social security number; or 23 |
---|
1935 | 1935 | | (3) If the voter does not have a driver’s license number 24 |
---|
1936 | 1936 | | issued by the Department of Motor Vehicles or a social security 25 |
---|
1937 | 1937 | | number, the identification number issued by the county clerk 26 |
---|
1938 | 1938 | | pursuant to NRS 293.507; 27 |
---|
1939 | 1939 | | (e) Close the attached flap over the signature and identifying 28 |
---|
1940 | 1940 | | numbers written on the return envelope; and 29 |
---|
1941 | 1941 | | (f) Mail or deliver the return envelope in a manner authorized by 30 |
---|
1942 | 1942 | | law. 31 |
---|
1943 | 1943 | | 2. Except as otherwise provided in chapter 293D of NRS, 32 |
---|
1944 | 1944 | | voting must be only upon candidates whose names appear upon the 33 |
---|
1945 | 1945 | | mail ballot as prepared pursuant to NRS 293C.263, and no person 34 |
---|
1946 | 1946 | | may write in the name of an additional candidate for any office. 35 |
---|
1947 | 1947 | | 3. If a mail ballot has been sent to a voter who applies to vote 36 |
---|
1948 | 1948 | | in person at a polling place, including, without limitation, a polling 37 |
---|
1949 | 1949 | | place for early voting, the voter must, in addition to complying with 38 |
---|
1950 | 1950 | | all other requirements for voting in person that are set forth in this 39 |
---|
1951 | 1951 | | chapter, surrender his or her mail ballot or sign an affirmation under 40 |
---|
1952 | 1952 | | penalty of perjury that the voter has not voted during the election. A 41 |
---|
1953 | 1953 | | person who receives a surrendered mail ballot shall mark it 42 |
---|
1954 | 1954 | | “Cancelled.” 43 |
---|
1955 | 1955 | | – 41 – |
---|
1956 | 1956 | | |
---|
1957 | 1957 | | |
---|
1958 | 1958 | | - *AB147* |
---|
1959 | 1959 | | Sec. 37. NRS 293C.26327 is hereby amended to read as 1 |
---|
1960 | 1960 | | follows: 2 |
---|
1961 | 1961 | | 293C.26327 1. Except as otherwise provided in NRS 3 |
---|
1962 | 1962 | | 293D.200, when a mail ballot is returned by or on behalf of a voter 4 |
---|
1963 | 1963 | | to the city clerk, and a record of its return is made in the mail ballot 5 |
---|
1964 | 1964 | | record for the election, the clerk or an employee in the office of the 6 |
---|
1965 | 1965 | | clerk shall [check] : 7 |
---|
1966 | 1966 | | (a) Verify that the last four digits of the driver’s license 8 |
---|
1967 | 1967 | | number or social security number, as applicable, written on the 9 |
---|
1968 | 1968 | | return envelope match the information of the voter in the records 10 |
---|
1969 | 1969 | | of the city clerk; 11 |
---|
1970 | 1970 | | (b) If, pursuant to subparagraph (3) of paragraph (d) of 12 |
---|
1971 | 1971 | | subsection 1 of NRS 293C.26316, the voter has written the number 13 |
---|
1972 | 1972 | | issued by the county clerk pursuant to NRS 293.507, verify that 14 |
---|
1973 | 1973 | | the number matches the information of the voter in the records of 15 |
---|
1974 | 1974 | | the city clerk; and 16 |
---|
1975 | 1975 | | (c) Check the signature used for the mail ballot by electronic 17 |
---|
1976 | 1976 | | means pursuant to subsection 2 or manually pursuant to 18 |
---|
1977 | 1977 | | subsection 3. 19 |
---|
1978 | 1978 | | 2. To check the signature used for a mail ballot by electronic 20 |
---|
1979 | 1979 | | means: 21 |
---|
1980 | 1980 | | (a) The electronic device must take a digital image of the 22 |
---|
1981 | 1981 | | signature used for the mail ballot and electronically compare the 23 |
---|
1982 | 1982 | | digital image with the signatures of the voter from his or her 24 |
---|
1983 | 1983 | | application to register to vote or application to preregister to vote 25 |
---|
1984 | 1984 | | available in the records of the city clerk. 26 |
---|
1985 | 1985 | | (b) If the electronic device does not match the signature of the 27 |
---|
1986 | 1986 | | voter, the signature shall be reviewed manually pursuant to the 28 |
---|
1987 | 1987 | | provisions of subsection 3. 29 |
---|
1988 | 1988 | | 3. To check the signature used for a mail ballot manually, the 30 |
---|
1989 | 1989 | | city clerk shall use the following procedure: 31 |
---|
1990 | 1990 | | (a) The clerk or employee shall check the signature used for the 32 |
---|
1991 | 1991 | | mail ballot against all signatures of the voter available in the records 33 |
---|
1992 | 1992 | | of the clerk. 34 |
---|
1993 | 1993 | | (b) If at least two employees in the office of the clerk believe 35 |
---|
1994 | 1994 | | there is a reasonable question of fact as to whether the signature 36 |
---|
1995 | 1995 | | used for the mail ballot matches the signature of the voter, the clerk 37 |
---|
1996 | 1996 | | shall contact the voter and ask the voter to confirm whether the 38 |
---|
1997 | 1997 | | signature used for the mail ballot belongs to the voter. 39 |
---|
1998 | 1998 | | 4. For purposes of subsection 3: 40 |
---|
1999 | 1999 | | (a) There is a reasonable question of fact as to whether the 41 |
---|
2000 | 2000 | | signature used for the mail ballot matches the signature of the voter 42 |
---|
2001 | 2001 | | if the signature used for the mail ballot differs in multiple, 43 |
---|
2002 | 2002 | | significant and obvious respects from the signatures of the voter 44 |
---|
2003 | 2003 | | available in the records of the clerk. 45 |
---|
2004 | 2004 | | – 42 – |
---|
2005 | 2005 | | |
---|
2006 | 2006 | | |
---|
2007 | 2007 | | - *AB147* |
---|
2008 | 2008 | | (b) There is not a reasonable question of fact as to whether the 1 |
---|
2009 | 2009 | | signature used for the mail ballot matches the signature of the voter 2 |
---|
2010 | 2010 | | if: 3 |
---|
2011 | 2011 | | (1) The signature used for the mail ballot is a variation of the 4 |
---|
2012 | 2012 | | signature of the voter caused by the substitution of initials for the 5 |
---|
2013 | 2013 | | first or middle name, the substitution of a different type of 6 |
---|
2014 | 2014 | | punctuation in the first, middle or last name, the use of a common 7 |
---|
2015 | 2015 | | nickname or the use of one last name for a person who has two last 8 |
---|
2016 | 2016 | | names and it does not otherwise differ in multiple, significant and 9 |
---|
2017 | 2017 | | obvious respects from the signatures of the voter available in the 10 |
---|
2018 | 2018 | | records of the clerk; or 11 |
---|
2019 | 2019 | | (2) There are only slight dissimilarities between the signature 12 |
---|
2020 | 2020 | | used for the mail ballot and the signatures of the voter available in 13 |
---|
2021 | 2021 | | the records of the clerk. 14 |
---|
2022 | 2022 | | 5. Except as otherwise provided in subsection 6, if the clerk 15 |
---|
2023 | 2023 | | determines that the voter is entitled to cast the mail ballot, the clerk 16 |
---|
2024 | 2024 | | shall deposit the mail ballot in the proper ballot box or place the 17 |
---|
2025 | 2025 | | mail ballot, unopened, in a container that must be securely locked or 18 |
---|
2026 | 2026 | | under the control of the clerk at all times. The clerk shall deliver the 19 |
---|
2027 | 2027 | | mail ballots to the mail ballot central counting board to be processed 20 |
---|
2028 | 2028 | | and prepared for counting. 21 |
---|
2029 | 2029 | | 6. If the clerk determines when checking the signature used for 22 |
---|
2030 | 2030 | | the mail ballot that the voter failed to affix his or her signature or 23 |
---|
2031 | 2031 | | failed to affix it in the manner required by law for the mail ballot or 24 |
---|
2032 | 2032 | | that there is a reasonable question of fact as to whether the signature 25 |
---|
2033 | 2033 | | used for the mail ballot matches the signature of the voter, but the 26 |
---|
2034 | 2034 | | voter is otherwise entitled to cast the mail ballot, the clerk shall 27 |
---|
2035 | 2035 | | contact the voter and advise the voter of the procedures to provide a 28 |
---|
2036 | 2036 | | signature or a confirmation that the signature used for the mail ballot 29 |
---|
2037 | 2037 | | belongs to the voter, as applicable. For the mail ballot to be counted, 30 |
---|
2038 | 2038 | | the voter must provide a signature or a confirmation, as applicable, 31 |
---|
2039 | 2039 | | not later than 5 p.m. on the sixth day following the election. 32 |
---|
2040 | 2040 | | 7. The clerk shall prescribe procedures for a voter who failed to 33 |
---|
2041 | 2041 | | affix his or her signature or failed to affix it in the manner required 34 |
---|
2042 | 2042 | | by law for the mail ballot, or for whom there is a reasonable 35 |
---|
2043 | 2043 | | question of fact as to whether the signature used for the mail ballot 36 |
---|
2044 | 2044 | | matches the signature of the voter, in order to: 37 |
---|
2045 | 2045 | | (a) Contact the voter; 38 |
---|
2046 | 2046 | | (b) Allow the voter to provide a signature or a confirmation that 39 |
---|
2047 | 2047 | | the signature used for the mail ballot belongs to the voter, as 40 |
---|
2048 | 2048 | | applicable; and 41 |
---|
2049 | 2049 | | (c) After a signature or a confirmation is provided, as applicable, 42 |
---|
2050 | 2050 | | ensure the mail ballot is delivered to the mail ballot central counting 43 |
---|
2051 | 2051 | | board. 44 |
---|
2052 | 2052 | | – 43 – |
---|
2053 | 2053 | | |
---|
2054 | 2054 | | |
---|
2055 | 2055 | | - *AB147* |
---|
2056 | 2056 | | 8. If there is a reasonable question of fact as to whether the 1 |
---|
2057 | 2057 | | signature used for the mail ballot matches the signature of the voter, 2 |
---|
2058 | 2058 | | the voter must be identified by: 3 |
---|
2059 | 2059 | | (a) Answering questions from the city clerk covering the 4 |
---|
2060 | 2060 | | personal data which is reported on the application to register to vote; 5 |
---|
2061 | 2061 | | (b) Providing the city clerk, orally or in writing, with other 6 |
---|
2062 | 2062 | | personal data which verifies the identity of the voter; or 7 |
---|
2063 | 2063 | | (c) [Providing] Presenting the city clerk with proof of 8 |
---|
2064 | 2064 | | [identification as described in NRS 293C.270 other than the voter 9 |
---|
2065 | 2065 | | registration card issued to the voter.] identity. 10 |
---|
2066 | 2066 | | 9. The procedures established pursuant to subsection 7 for 11 |
---|
2067 | 2067 | | contacting a voter must require the clerk to contact the voter, as 12 |
---|
2068 | 2068 | | soon as possible after receipt of the mail ballot, by: 13 |
---|
2069 | 2069 | | (a) Mail; 14 |
---|
2070 | 2070 | | (b) Telephone, if a telephone number for the voter is available in 15 |
---|
2071 | 2071 | | the records of the clerk; and 16 |
---|
2072 | 2072 | | (c) Electronic means, which may include, without limitation, 17 |
---|
2073 | 2073 | | electronic mail, if the voter has provided the clerk with sufficient 18 |
---|
2074 | 2074 | | information to contact the voter by such means. 19 |
---|
2075 | 2075 | | Sec. 38. NRS 293C.270 is hereby amended to read as follows: 20 |
---|
2076 | 2076 | | 293C.270 1. Except as otherwise provided in NRS 293.5772 21 |
---|
2077 | 2077 | | to 293.5887, inclusive, and 293C.272, if a person’s name appears in 22 |
---|
2078 | 2078 | | the roster or if the person provides an affirmation pursuant to NRS 23 |
---|
2079 | 2079 | | 293C.525, the person is entitled to vote and must [sign] : 24 |
---|
2080 | 2080 | | (a) Present proof of identity; and 25 |
---|
2081 | 2081 | | (b) Sign his or her name in the roster or on a signature card 26 |
---|
2082 | 2082 | | when he or she applies to vote. Except as otherwise provided in 27 |
---|
2083 | 2083 | | NRS 293.57691, the signature must be compared by an election 28 |
---|
2084 | 2084 | | board officer with the signature or a facsimile thereof on the 29 |
---|
2085 | 2085 | | person’s application to register to vote or [one of the forms of 30 |
---|
2086 | 2086 | | identification listed in subsection 2.] on his or her proof of identity. 31 |
---|
2087 | 2087 | | 2. [The forms of identification that may be used to identify a 32 |
---|
2088 | 2088 | | voter at the polling place are: 33 |
---|
2089 | 2089 | | (a) The voter registration card issued to the voter; 34 |
---|
2090 | 2090 | | (b) A driver’s license; 35 |
---|
2091 | 2091 | | (c) An identification card issued by the Department of Motor 36 |
---|
2092 | 2092 | | Vehicles; 37 |
---|
2093 | 2093 | | (d) A military identification card; or 38 |
---|
2094 | 2094 | | (e) Any other form of identification issued by a governmental 39 |
---|
2095 | 2095 | | agency that contains the voter’s signature and physical description 40 |
---|
2096 | 2096 | | or picture. 41 |
---|
2097 | 2097 | | 3.] The city clerk shall prescribe a procedure, approved by the 42 |
---|
2098 | 2098 | | Secretary of State, to verify that the voter has not already voted in 43 |
---|
2099 | 2099 | | that city in the current election. 44 |
---|
2100 | 2100 | | – 44 – |
---|
2101 | 2101 | | |
---|
2102 | 2102 | | |
---|
2103 | 2103 | | - *AB147* |
---|
2104 | 2104 | | Sec. 39. NRS 293C.272 is hereby amended to read as follows: 1 |
---|
2105 | 2105 | | 293C.272 1. If, because of physical limitations, a registered 2 |
---|
2106 | 2106 | | voter is unable to sign his or her name in the roster or on a signature 3 |
---|
2107 | 2107 | | card as required by NRS 293C.270, the voter must be identified by: 4 |
---|
2108 | 2108 | | (a) Answering questions from the election board officer 5 |
---|
2109 | 2109 | | covering the personal data which is reported on the application to 6 |
---|
2110 | 2110 | | register to vote; 7 |
---|
2111 | 2111 | | (b) Providing the election board officer, orally or in writing, 8 |
---|
2112 | 2112 | | with other personal data which verifies the identity of the voter; or 9 |
---|
2113 | 2113 | | (c) [Providing] Presenting the election board officer with his or 10 |
---|
2114 | 2114 | | her proof of [identification as described in NRS 293C.270 other 11 |
---|
2115 | 2115 | | than the voter registration card issued to the voter.] identity. 12 |
---|
2116 | 2116 | | 2. If the identity of the voter is verified, the election board 13 |
---|
2117 | 2117 | | officer shall indicate in the roster “Identified” by the voter’s name. 14 |
---|
2118 | 2118 | | Sec. 40. NRS 293C.275 is hereby amended to read as follows: 15 |
---|
2119 | 2119 | | 293C.275 1. Except as otherwise provided in NRS 293.5772 16 |
---|
2120 | 2120 | | to 293.5887, inclusive, and 293C.272: 17 |
---|
2121 | 2121 | | (a) A registered voter who applies to vote must state his or her 18 |
---|
2122 | 2122 | | name to the election board officer in charge of the roster; and 19 |
---|
2123 | 2123 | | (b) The election board officer shall: 20 |
---|
2124 | 2124 | | (1) Announce the name of the registered voter; 21 |
---|
2125 | 2125 | | (2) Require that the registered voter present proof of 22 |
---|
2126 | 2126 | | identity; 23 |
---|
2127 | 2127 | | (3) Instruct the registered voter to sign the roster or signature 24 |
---|
2128 | 2128 | | card; 25 |
---|
2129 | 2129 | | [(3)] (4) Verify the signature of the registered voter in the 26 |
---|
2130 | 2130 | | manner set forth in NRS 293C.270; and 27 |
---|
2131 | 2131 | | [(4)] (5) Verify that the registered voter has not already 28 |
---|
2132 | 2132 | | voted in that city in the current election. 29 |
---|
2133 | 2133 | | 2. Except as otherwise provided in NRS 293.57691, if the 30 |
---|
2134 | 2134 | | signature does not match, the registered voter must be identified by: 31 |
---|
2135 | 2135 | | (a) Either: 32 |
---|
2136 | 2136 | | (1) Answering questions from the election board officer 33 |
---|
2137 | 2137 | | covering the personal data which is reported on the application to 34 |
---|
2138 | 2138 | | register to vote; or 35 |
---|
2139 | 2139 | | [(b)] (2) Providing the election board officer, orally or in 36 |
---|
2140 | 2140 | | writing, with other personal data which verifies the identity of the 37 |
---|
2141 | 2141 | | registered voter; [or 38 |
---|
2142 | 2142 | | (c) Providing] and 39 |
---|
2143 | 2143 | | (b) Presenting the election board officer with proof of 40 |
---|
2144 | 2144 | | [identification as described in NRS 293C.270 other than the voter 41 |
---|
2145 | 2145 | | registration card issued to the voter.] identity. 42 |
---|
2146 | 2146 | | 3. If the signature of the registered voter has changed in 43 |
---|
2147 | 2147 | | comparison to the signature on the application to register to vote, the 44 |
---|
2148 | 2148 | | – 45 – |
---|
2149 | 2149 | | |
---|
2150 | 2150 | | |
---|
2151 | 2151 | | - *AB147* |
---|
2152 | 2152 | | registered voter must update his or her signature on a form 1 |
---|
2153 | 2153 | | prescribed by the Secretary of State. 2 |
---|
2154 | 2154 | | 4. For the purposes of subsection 2, the personal data of a 3 |
---|
2155 | 2155 | | registered voter may include his or her date of birth. 4 |
---|
2156 | 2156 | | Sec. 41. NRS 293C.277 is hereby amended to read as follows: 5 |
---|
2157 | 2157 | | 293C.277 1. A registered voter who applies to vote at an 6 |
---|
2158 | 2158 | | election must give his or her name to the election board officer in 7 |
---|
2159 | 2159 | | charge of the roster, and the officer shall immediately announce the 8 |
---|
2160 | 2160 | | name of the registered voter [.] and require that the registered 9 |
---|
2161 | 2161 | | voter present proof of identity. 10 |
---|
2162 | 2162 | | 2. Any person’s right to vote may be challenged by a registered 11 |
---|
2163 | 2163 | | voter upon any of the grounds allowed for a challenge in NRS 12 |
---|
2164 | 2164 | | 293C.292. Any such challenge must be disposed of in the manner 13 |
---|
2165 | 2165 | | provided in NRS 293C.292. 14 |
---|
2166 | 2166 | | Sec. 42. NRS 293C.292 is hereby amended to read as follows: 15 |
---|
2167 | 2167 | | 293C.292 1. A person applying to vote may be challenged: 16 |
---|
2168 | 2168 | | (a) Orally by any registered voter of the precinct or district upon 17 |
---|
2169 | 2169 | | the ground that he or she is not the person entitled to vote as claimed 18 |
---|
2170 | 2170 | | or has voted before at the same election; or 19 |
---|
2171 | 2171 | | (b) On any ground set forth in a challenge filed with the county 20 |
---|
2172 | 2172 | | clerk pursuant to the provisions of NRS 293.547. 21 |
---|
2173 | 2173 | | 2. If a person is challenged, an election board officer shall 22 |
---|
2174 | 2174 | | tender the challenged person the following oath or affirmation: 23 |
---|
2175 | 2175 | | (a) If the challenge is on the ground that the challenged person 24 |
---|
2176 | 2176 | | does not reside at the residence for which the address is listed in the 25 |
---|
2177 | 2177 | | roster, “I swear or affirm under penalty of perjury that I reside at the 26 |
---|
2178 | 2178 | | residence for which the address is listed in the roster”; 27 |
---|
2179 | 2179 | | (b) If the challenge is on the ground that the challenged person 28 |
---|
2180 | 2180 | | previously voted a ballot for the election, “I swear or affirm under 29 |
---|
2181 | 2181 | | penalty of perjury that I have not voted for any of the candidates or 30 |
---|
2182 | 2182 | | questions included on this ballot for this election”; or 31 |
---|
2183 | 2183 | | (c) If the challenge is on the ground that the challenged person is 32 |
---|
2184 | 2184 | | not the person he or she claims to be, “I swear or affirm under 33 |
---|
2185 | 2185 | | penalty of perjury that I am the person whose name is in this roster.” 34 |
---|
2186 | 2186 | | The oath or affirmation must be set forth on a form prepared by 35 |
---|
2187 | 2187 | | the Secretary of State and signed by the challenged person under 36 |
---|
2188 | 2188 | | penalty of perjury. 37 |
---|
2189 | 2189 | | 3. If the challenged person refuses to execute the oath or 38 |
---|
2190 | 2190 | | affirmation so tendered, the person must not be issued a ballot, and 39 |
---|
2191 | 2191 | | the election board officer shall indicate in the roster “Challenged” 40 |
---|
2192 | 2192 | | by the person’s name. 41 |
---|
2193 | 2193 | | 4. If the challenged person refuses to execute the oath or 42 |
---|
2194 | 2194 | | affirmation set forth in paragraph (a) of subsection 2, the election 43 |
---|
2195 | 2195 | | board officers shall inform the person that he or she is entitled to 44 |
---|
2196 | 2196 | | vote only in the manner prescribed in NRS 293C.295. 45 |
---|
2197 | 2197 | | – 46 – |
---|
2198 | 2198 | | |
---|
2199 | 2199 | | |
---|
2200 | 2200 | | - *AB147* |
---|
2201 | 2201 | | 5. If the challenged person executes the oath or affirmation and 1 |
---|
2202 | 2202 | | the challenge is not based on the ground set forth in paragraph (c) of 2 |
---|
2203 | 2203 | | subsection 2, the election board officers shall issue him or her a 3 |
---|
2204 | 2204 | | ballot. 4 |
---|
2205 | 2205 | | 6. If the challenge is based on the ground set forth in paragraph 5 |
---|
2206 | 2206 | | (a) of subsection 2, and the challenged person executes the oath or 6 |
---|
2207 | 2207 | | affirmation, the election board shall not issue the person a ballot 7 |
---|
2208 | 2208 | | until he or she furnishes satisfactory identification that contains 8 |
---|
2209 | 2209 | | proof of the address at which the person actually resides. For the 9 |
---|
2210 | 2210 | | purposes of this subsection, a voter registration card does not 10 |
---|
2211 | 2211 | | provide proof of the address at which a person resides. 11 |
---|
2212 | 2212 | | 7. If the challenge is based on the ground set forth in paragraph 12 |
---|
2213 | 2213 | | (c) of subsection 2 and the challenged person executes the oath or 13 |
---|
2214 | 2214 | | affirmation, the election board shall not issue the person a ballot 14 |
---|
2215 | 2215 | | unless the person [: 15 |
---|
2216 | 2216 | | (a) Furnishes official identification which contains a photograph 16 |
---|
2217 | 2217 | | of the person, such as a driver’s license or other official document; 17 |
---|
2218 | 2218 | | or 18 |
---|
2219 | 2219 | | (b) Brings before the election board officers a person who is at 19 |
---|
2220 | 2220 | | least 18 years of age who: 20 |
---|
2221 | 2221 | | (1) Furnishes official identification which contains a 21 |
---|
2222 | 2222 | | photograph of the person, such as a driver’s license or other official 22 |
---|
2223 | 2223 | | document; and 23 |
---|
2224 | 2224 | | (2) Executes an oath or affirmation under penalty of perjury 24 |
---|
2225 | 2225 | | that the challenged person is who he or she swears to be.] furnishes 25 |
---|
2226 | 2226 | | proof of identity. 26 |
---|
2227 | 2227 | | 8. The election board officers shall: 27 |
---|
2228 | 2228 | | (a) Record on the challenge list: 28 |
---|
2229 | 2229 | | (1) The name of the challenged person; 29 |
---|
2230 | 2230 | | (2) The name of the registered voter who initiated the 30 |
---|
2231 | 2231 | | challenge; and 31 |
---|
2232 | 2232 | | (3) The result of the challenge; and 32 |
---|
2233 | 2233 | | (b) If possible, orally notify the registered voter who initiated 33 |
---|
2234 | 2234 | | the challenge of the result of the challenge. 34 |
---|
2235 | 2235 | | Sec. 43. NRS 293C.3035 is hereby amended to read as 35 |
---|
2236 | 2236 | | follows: 36 |
---|
2237 | 2237 | | 293C.3035 1. Except as otherwise provided in NRS 293.5772 37 |
---|
2238 | 2238 | | to 293.5887, inclusive, and 293C.272, upon the appearance of a 38 |
---|
2239 | 2239 | | person to cast a ballot at a polling place established pursuant to NRS 39 |
---|
2240 | 2240 | | 293C.3032, if any, the election board officer shall: 40 |
---|
2241 | 2241 | | (a) Determine [that] whether the person is a registered voter in 41 |
---|
2242 | 2242 | | the city and has not already voted in that city in the current election; 42 |
---|
2243 | 2243 | | (b) Require the registered voter to present proof of identity; 43 |
---|
2244 | 2244 | | (c) Instruct the registered voter to sign the roster or a signature 44 |
---|
2245 | 2245 | | card; and 45 |
---|
2246 | 2246 | | – 47 – |
---|
2247 | 2247 | | |
---|
2248 | 2248 | | |
---|
2249 | 2249 | | - *AB147* |
---|
2250 | 2250 | | [(c)] (d) Verify the signature of the registered voter in the 1 |
---|
2251 | 2251 | | manner set forth in NRS 293C.270. 2 |
---|
2252 | 2252 | | 2. Except as otherwise provided in NRS 293.57691, if the 3 |
---|
2253 | 2253 | | signature of the registered voter does not match, the registered voter 4 |
---|
2254 | 2254 | | must be identified by: 5 |
---|
2255 | 2255 | | (a) Either: 6 |
---|
2256 | 2256 | | (1) Answering questions from the election board officer 7 |
---|
2257 | 2257 | | covering the personal data which is reported on the application to 8 |
---|
2258 | 2258 | | register to vote; or 9 |
---|
2259 | 2259 | | [(b)] (2) Providing the election board officer, orally or in 10 |
---|
2260 | 2260 | | writing, with other personal data which verifies the identity of the 11 |
---|
2261 | 2261 | | registered voter; [or 12 |
---|
2262 | 2262 | | (c) Providing] and 13 |
---|
2263 | 2263 | | (b) Presenting the election board officer with proof of 14 |
---|
2264 | 2264 | | [identification as described in NRS 293C.270 other than the voter 15 |
---|
2265 | 2265 | | registration card issued to the voter.] identity. 16 |
---|
2266 | 2266 | | 3. If the signature of the registered voter has changed in 17 |
---|
2267 | 2267 | | comparison to the signature on the application to register to vote, the 18 |
---|
2268 | 2268 | | registered voter must update his or her signature on a form 19 |
---|
2269 | 2269 | | prescribed by the Secretary of State. 20 |
---|
2270 | 2270 | | 4. The city clerk shall prescribe a procedure, approved by the 21 |
---|
2271 | 2271 | | Secretary of State, to verify that the registered voter has not already 22 |
---|
2272 | 2272 | | voted in that city in the current election. 23 |
---|
2273 | 2273 | | 5. When a registered voter is entitled to cast a ballot and has 24 |
---|
2274 | 2274 | | identified himself or herself to the satisfaction of the election board 25 |
---|
2275 | 2275 | | officer, the registered voter is entitled to receive the appropriate 26 |
---|
2276 | 2276 | | ballot or ballots, but only for his or her own use at the polling place 27 |
---|
2277 | 2277 | | where he or she applies to vote. 28 |
---|
2278 | 2278 | | 6. If the ballot is voted on a mechanical recording device which 29 |
---|
2279 | 2279 | | directly records the votes electronically, the election board officer 30 |
---|
2280 | 2280 | | shall: 31 |
---|
2281 | 2281 | | (a) Prepare the mechanical voting device for the registered 32 |
---|
2282 | 2282 | | voter; 33 |
---|
2283 | 2283 | | (b) Ensure that the registered voter’s precinct or voting district 34 |
---|
2284 | 2284 | | and the form of the ballot are indicated on the voting receipt, if the 35 |
---|
2285 | 2285 | | city clerk uses voting receipts; and 36 |
---|
2286 | 2286 | | (c) Allow the registered voter to cast a vote. 37 |
---|
2287 | 2287 | | 7. A registered voter applying to vote at a polling place 38 |
---|
2288 | 2288 | | established pursuant to NRS 293C.3032, if any, may be challenged 39 |
---|
2289 | 2289 | | pursuant to NRS 293C.292. 40 |
---|
2290 | 2290 | | Sec. 44. NRS 293C.356 is hereby amended to read as follows: 41 |
---|
2291 | 2291 | | 293C.356 1. If a request is made to vote early by a registered 42 |
---|
2292 | 2292 | | voter in person, the city clerk shall , except as otherwise provided in 43 |
---|
2293 | 2293 | | NRS 293C.3585, issue a ballot for early voting to the voter. Such a 44 |
---|
2294 | 2294 | | – 48 – |
---|
2295 | 2295 | | |
---|
2296 | 2296 | | |
---|
2297 | 2297 | | - *AB147* |
---|
2298 | 2298 | | ballot must be voted on the premises of the clerk’s office and 1 |
---|
2299 | 2299 | | returned to the clerk. 2 |
---|
2300 | 2300 | | 2. On the dates for early voting prescribed in NRS 293C.3568, 3 |
---|
2301 | 2301 | | each city clerk shall provide a voting booth, with suitable equipment 4 |
---|
2302 | 2302 | | for voting, on the premises of the city clerk’s office for use by 5 |
---|
2303 | 2303 | | registered voters who are issued ballots for early voting in 6 |
---|
2304 | 2304 | | accordance with this section. 7 |
---|
2305 | 2305 | | Sec. 45. NRS 293C.3585 is hereby amended to read as 8 |
---|
2306 | 2306 | | follows: 9 |
---|
2307 | 2307 | | 293C.3585 1. Except as otherwise provided in NRS 293.5772 10 |
---|
2308 | 2308 | | to 293.5887, inclusive, and 293C.272, upon the appearance of a 11 |
---|
2309 | 2309 | | person to cast a ballot for early voting, an election board officer 12 |
---|
2310 | 2310 | | shall: 13 |
---|
2311 | 2311 | | (a) Determine that the person is a registered voter in the county. 14 |
---|
2312 | 2312 | | (b) Require the registered voter to present proof of identity. 15 |
---|
2313 | 2313 | | (c) Instruct the registered voter to sign the roster for early voting 16 |
---|
2314 | 2314 | | or a signature card. 17 |
---|
2315 | 2315 | | [(c)] (d) Verify the signature of the registered voter in the 18 |
---|
2316 | 2316 | | manner set forth in NRS 293C.270. 19 |
---|
2317 | 2317 | | [(d)] (e) Verify that the registered voter has not already voted in 20 |
---|
2318 | 2318 | | that city in the current election. 21 |
---|
2319 | 2319 | | 2. Except as otherwise provided in NRS 293.57691, if the 22 |
---|
2320 | 2320 | | signature does not match, the registered voter must be identified by: 23 |
---|
2321 | 2321 | | (a) Either: 24 |
---|
2322 | 2322 | | (1) Answering questions from the election board officer 25 |
---|
2323 | 2323 | | covering the personal data which is reported on the application to 26 |
---|
2324 | 2324 | | register to vote; or 27 |
---|
2325 | 2325 | | [(b)] (2) Providing the election board officer, orally or in 28 |
---|
2326 | 2326 | | writing, with other personal data which verifies the identity of the 29 |
---|
2327 | 2327 | | registered voter; [or 30 |
---|
2328 | 2328 | | (c) Providing] and 31 |
---|
2329 | 2329 | | (b) Presenting the election board officer with proof of 32 |
---|
2330 | 2330 | | [identification as described in NRS 293C.270 other than the voter 33 |
---|
2331 | 2331 | | registration card issued to the voter.] identity. 34 |
---|
2332 | 2332 | | 3. If the signature of the registered voter has changed in 35 |
---|
2333 | 2333 | | comparison to the signature on the application to register to vote, the 36 |
---|
2334 | 2334 | | registered voter must update his or her signature on a form 37 |
---|
2335 | 2335 | | prescribed by the Secretary of State. 38 |
---|
2336 | 2336 | | 4. The city clerk shall prescribe a procedure, approved by the 39 |
---|
2337 | 2337 | | Secretary of State, to verify that the registered voter has not already 40 |
---|
2338 | 2338 | | voted in that city in the current election. 41 |
---|
2339 | 2339 | | 5. The roster for early voting or signature card, as applicable, 42 |
---|
2340 | 2340 | | must contain: 43 |
---|
2341 | 2341 | | – 49 – |
---|
2342 | 2342 | | |
---|
2343 | 2343 | | |
---|
2344 | 2344 | | - *AB147* |
---|
2345 | 2345 | | (a) The registered voter’s name, the address where he or she is 1 |
---|
2346 | 2346 | | registered to vote, his or her voter identification number and a place 2 |
---|
2347 | 2347 | | for the registered voter’s signature; 3 |
---|
2348 | 2348 | | (b) The registered voter’s precinct or voting district number, if 4 |
---|
2349 | 2349 | | that information is available; and 5 |
---|
2350 | 2350 | | (c) The date of voting early in person. 6 |
---|
2351 | 2351 | | 6. When a registered voter is entitled to cast a ballot and has 7 |
---|
2352 | 2352 | | identified himself or herself to the satisfaction of the election board 8 |
---|
2353 | 2353 | | officer, the registered voter is entitled to receive the appropriate 9 |
---|
2354 | 2354 | | ballot or ballots, but only for his or her own use at the polling place 10 |
---|
2355 | 2355 | | for early voting. 11 |
---|
2356 | 2356 | | 7. If the ballot is voted on a mechanical recording device which 12 |
---|
2357 | 2357 | | directly records the votes electronically, the election board officer 13 |
---|
2358 | 2358 | | shall: 14 |
---|
2359 | 2359 | | (a) Prepare the mechanical recording device for the registered 15 |
---|
2360 | 2360 | | voter; 16 |
---|
2361 | 2361 | | (b) Ensure that the registered voter’s precinct or voting district, 17 |
---|
2362 | 2362 | | if that information is available, and the form of ballot are indicated 18 |
---|
2363 | 2363 | | on the voting receipt, if the city clerk uses voting receipts; and 19 |
---|
2364 | 2364 | | (c) Allow the registered voter to cast a vote. 20 |
---|
2365 | 2365 | | 8. A registered voter applying to vote early by personal 21 |
---|
2366 | 2366 | | appearance may be challenged pursuant to NRS 293C.292. 22 |
---|
2367 | 2367 | | 9. For the purposes of subsection 2, the personal data of a 23 |
---|
2368 | 2368 | | registered voter may include his or her date of birth. 24 |
---|
2369 | 2369 | | Sec. 46. NRS 483.820 is hereby amended to read as follows: 25 |
---|
2370 | 2370 | | 483.820 1. A person who applies for an identification card in 26 |
---|
2371 | 2371 | | accordance with the provisions of NRS 483.810 to 483.890, 27 |
---|
2372 | 2372 | | inclusive, and who is not ineligible to receive an identification card 28 |
---|
2373 | 2373 | | pursuant to NRS 483.861, is entitled to receive an identification card 29 |
---|
2374 | 2374 | | if the person is: 30 |
---|
2375 | 2375 | | (a) A resident of this State and is 10 years of age or older and 31 |
---|
2376 | 2376 | | does not hold a valid driver’s license or identification card from any 32 |
---|
2377 | 2377 | | state or jurisdiction; or 33 |
---|
2378 | 2378 | | (b) A seasonal resident who does not hold a valid Nevada 34 |
---|
2379 | 2379 | | driver’s license. 35 |
---|
2380 | 2380 | | 2. Except as otherwise provided in NRS 483.825 [,] and 36 |
---|
2381 | 2381 | | section 3 of this act, the Department shall charge and collect the 37 |
---|
2382 | 2382 | | following fees for the issuance of an original, duplicate or changed 38 |
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2383 | 2383 | | identification card: 39 |
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2384 | 2384 | | 40 |
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2385 | 2385 | | An original or duplicate identification card 41 |
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2386 | 2386 | | issued to a person 65 years of age or older 42 |
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2387 | 2387 | | which expires on or before the fourth 43 |
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2388 | 2388 | | anniversary of the person’s birthday ............................... $4 44 |
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2389 | 2389 | | – 50 – |
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2390 | 2390 | | |
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2391 | 2391 | | |
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2392 | 2392 | | - *AB147* |
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2393 | 2393 | | An original or duplicate identification card 1 |
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2394 | 2394 | | issued to a person 65 years of age or older 2 |
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2395 | 2395 | | which expires on or before the eighth 3 |
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2396 | 2396 | | anniversary of the person’s birthday ............................... $8 4 |
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2397 | 2397 | | An original or duplicate identification card 5 |
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2398 | 2398 | | issued to a person under 18 years of age 6 |
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2399 | 2399 | | which expires on the eighth anniversary of 7 |
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2400 | 2400 | | the person’s birthday ......................................................... 6 8 |
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2401 | 2401 | | A renewal of an identification card for a person 9 |
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2402 | 2402 | | under 18 years of age which expires on the 10 |
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2403 | 2403 | | eighth anniversary of the person’s birthday ...................... 6 11 |
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2404 | 2404 | | An original or duplicate identification card 12 |
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2405 | 2405 | | issued to a person under 18 years of age 13 |
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2406 | 2406 | | which expires on or before the fourth 14 |
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2407 | 2407 | | anniversary of the person’s birthday ................................. 3 15 |
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2408 | 2408 | | A renewal of an identification card for a person 16 |
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2409 | 2409 | | under 18 years of age which expires on or 17 |
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2410 | 2410 | | before the fourth anniversary of the 18 |
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2411 | 2411 | | person’s birthday ............................................................... 3 19 |
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2412 | 2412 | | An original or duplicate identification card 20 |
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2413 | 2413 | | issued to any person at least 18 years of 21 |
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2414 | 2414 | | age, but less than 65 years of age, which 22 |
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2415 | 2415 | | expires on the eighth anniversary of the 23 |
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2416 | 2416 | | person’s birthday ............................................................. 18 24 |
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2417 | 2417 | | A renewal of an identification card for any 25 |
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2418 | 2418 | | person at least 18 years of age, but less than 26 |
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2419 | 2419 | | 65 years of age, which expires on the eighth 27 |
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2420 | 2420 | | anniversary of the person’s birthday ............................... 18 28 |
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2421 | 2421 | | An original or duplicate identification card 29 |
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2422 | 2422 | | issued to any person at least 18 years of 30 |
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2423 | 2423 | | age, but less than 65 years of age, which 31 |
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2424 | 2424 | | expires on or before the fourth anniversary 32 |
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2425 | 2425 | | of the person’s birthday ..................................................... 9 33 |
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2426 | 2426 | | A renewal of an identification card for any 34 |
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2427 | 2427 | | person at least 18 years of age, but less than 35 |
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2428 | 2428 | | 65 years of age, which expires on or before 36 |
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2429 | 2429 | | the fourth anniversary of the person’s 37 |
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2430 | 2430 | | birthday ............................................................................. 9 38 |
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2431 | 2431 | | A new photograph or change of name, or both ...................... 4 39 |
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2432 | 2432 | | 40 |
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2433 | 2433 | | 3. The Department shall not charge a fee for: 41 |
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2434 | 2434 | | (a) An identification card issued to a person who has voluntarily 42 |
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2435 | 2435 | | surrendered his or her driver’s license pursuant to NRS 483.420; or 43 |
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2436 | 2436 | | (b) A renewal of an identification card for a person 65 years of 44 |
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2437 | 2437 | | age or older. 45 |
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2438 | 2438 | | – 51 – |
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2439 | 2439 | | |
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2440 | 2440 | | |
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2441 | 2441 | | - *AB147* |
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2442 | 2442 | | 4. Except as otherwise provided in NRS 483.825 [,] and 1 |
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2443 | 2443 | | section 3 of this act, the increase in fees authorized in NRS 483.347 2 |
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2444 | 2444 | | must be paid in addition to the fees charged pursuant to this section. 3 |
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2445 | 2445 | | 5. As used in this section, “photograph” has the meaning 4 |
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2446 | 2446 | | ascribed to it in NRS 483.125. 5 |
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2447 | 2447 | | Sec. 47. 1. This section becomes effective upon passage and 6 |
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2448 | 2448 | | approval. 7 |
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2449 | 2449 | | 2. Sections 1 to 46, inclusive, of this act become effective: 8 |
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2450 | 2450 | | (a) Upon passage and approval for the purpose of adopting any 9 |
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2451 | 2451 | | regulations and performing any other preparatory administrative 10 |
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2452 | 2452 | | tasks that are necessary to carry out the provisions of this act; and 11 |
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2453 | 2453 | | (b) On January 1, 2026, for all other purposes. 12 |
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2454 | 2454 | | |
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2455 | 2455 | | H |
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2456 | 2456 | | |
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2457 | 2457 | | |
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2458 | 2458 | | |
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