(Reprinted with amendments adopted on May 25, 2023) SECOND REPRINT A.B. 242 - *AB242_R2* ASSEMBLY BILL NO. 242–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS) MARCH 3, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-365) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 6, 9, 17) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; requiring ballots and votes be counted using a mechanical voting system; revising provisions relating to accommodations for certain voters who are elderly or have a disability; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that voting at any election conducted under title 24 of 1 NRS must be on printed ballots or by any other system approved by the Secretary 2 of State or specifically authorized by law. (NRS 293.270) Existing law also 3 provides that mechanical voting systems may be used to cast, register, record and 4 count ballots or votes in all statewide, county, city and district elections of any kind 5 held in this State. (NRS 293B.050) Section 9 of this bill provides that ballots or 6 votes: (1) may be cast, registered and recorded using a mechanical voting system; 7 and (2) must be counted using a mechanical voting system. Sections 1, 10-13, 20, 8 22-24, 26, 28, 30, 32, 34, 36, 38, 41, 43, 45 and 47 of this bill make conforming 9 changes to require the use of a mechanical voting system for counting votes and 10 clarify that the use of a mechanical voting system for casting ballots is authorized 11 but not required. 12 Existing law requires that, with certain exceptions, each polling place must 13 have at least one voting booth that is specifically designed, designated and 14 equipped for voters who are elderly or voters with a disability. (NRS 293.2955, 15 293C.281) Sections 6 and 17 of this bill instead require, with certain exceptions, 16 – 2 – - *AB242_R2* that each polling place must have at least two such voting booths and additional 17 voting booths if determined necessary by the county clerk or city clerk. Sections 6 18 and 17 further require each county clerk, city clerk and all election board officers 19 to complete training in the use of the voting booths and specially equipped voting 20 devices in order to assist such voters. Sections 8 and 19 of this bill make 21 conforming changes to revise existing internal references relating to sections 6 and 22 17. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.207 is hereby amended to read as follows: 1 293.207 1. Election precincts must be established on the 2 basis of the number of registered voters therein, with a maximum of 3 5,000 registered voters who are not designated inactive pursuant to 4 NRS 293.530 per precinct in those precincts in which a mechanical 5 voting system is used [.] for casting ballots. 6 2. Except as otherwise provided in subsections 3 and 4, the 7 county clerk may consolidate two or more contiguous election 8 precincts into a single voting district to conduct a particular election 9 as public convenience, necessity and economy may require. 10 3. If a county clerk proposes to consolidate two or more 11 contiguous election precincts, in whole or in part, pursuant to 12 subsection 2, the county clerk shall, at least 14 days before 13 consolidating the precincts, cause notice of the proposed 14 consolidation to be: 15 (a) Posted in the manner prescribed for a regular meeting of the 16 board of county commissioners; and 17 (b) Mailed to each Assemblyman, Assemblywoman, State 18 Senator, county commissioner and, if applicable, member of the 19 governing body of a city who represents residents of a precinct 20 affected by the consolidation. 21 4. A person may file a written objection to the proposed 22 consolidation with the county clerk. The county clerk shall consider 23 each written objection filed pursuant to this subsection before 24 consolidating the precincts. 25 Sec. 2. (Deleted by amendment.) 26 Sec. 3. (Deleted by amendment.) 27 Sec. 4. (Deleted by amendment.) 28 Sec. 5. (Deleted by amendment.) 29 Sec. 6. NRS 293.2955 is hereby amended to read as follows: 30 293.2955 1. Except as otherwise provided in subsection 2, at 31 all times during which a polling place is open: 32 (a) The polling place must: 33 – 3 – - *AB242_R2* (1) Be accessible to a voter who is elderly or a voter with a 1 disability; and 2 (2) Have at least [one] two voting [booth] booths that [is:] 3 are: 4 (I) Designed to allow a voter in a wheelchair to vote; 5 (II) Designated for use by a voter who is elderly or a voter 6 with a disability; 7 (III) Equipped to allow a voter who is elderly or a voter 8 with a disability to vote with the same privacy as a voter who is not 9 elderly or as a voter without a disability; and 10 (IV) Equipped with a mechanical recording device which 11 directly records the votes electronically and which may be used by a 12 voter with a disability; and 13 (b) Either: 14 (1) The polling place must have a separate line for voters 15 with disabilities or who are not physically able to wait in line to 16 vote. Voters in this separate line must be allowed to vote before any 17 voter who is not disabled and is physically able to wait in line to 18 vote; or 19 (2) An election board officer at the polling place must allow 20 voters with disabilities or who are not physically able to wait in line 21 to move to the front of the line of voters waiting to vote. 22 2. A polling place that does not comply with the provisions of 23 paragraph (a) of subsection 1 may be used if necessary because of a 24 natural disaster, including, without limitation, an earthquake, flood, 25 fire or storm. 26 3. If, in the opinion of the county clerk, more than two voting 27 booths described in subparagraph (2) of paragraph (a) of 28 subsection 1 are required to accommodate the needs of voters who 29 are elderly or voters with a disability, the county clerk shall place 30 additional voting booths at the polling place as needed. 31 4. At each polling place, the county clerk is encouraged to: 32 (a) Post in a conspicuous place, in at least 12-point type, 33 instructions for voting; 34 (b) Provide ballots in alternative audio and visual formats for 35 use by a voter who is elderly or a voter with a disability; and 36 (c) Provide, in alternative audio and visual formats for use by a 37 voter who is elderly or a voter with a disability, all materials that 38 are: 39 (1) Related to the election; and 40 (2) Made available to a voter in printed form at the polling 41 place. 42 [4.] 5. As an alternative to carrying out the functions described 43 in subsection [3,] 4, if, in the opinion of the county clerk, the needs 44 of voters who are elderly or disabled requiring the use of specially 45 – 4 – - *AB242_R2* equipped voting devices will be best served by placing such devices 1 at centralized voting locations, the county clerk may so provide. If 2 the county clerk provides for the placement of specially equipped 3 voting devices at centralized locations, a voter who is elderly or 4 disabled and requires the use of such a device to be able to cast a 5 ballot without assistance may cast his or her ballot at any centralized 6 voting location designated by the county clerk. 7 6. Each county clerk and all election board officers must 8 complete training in the use of the voting booths and specially 9 equipped voting devices required pursuant to this section to ensure 10 that the county clerk and election board officers are able to assist 11 voters who are elderly or voters with a disability in the use of such 12 voting booths and devices. 13 Sec. 7. (Deleted by amendment.) 14 Sec. 8. NRS 293.565 is hereby amended to read as follows: 15 293.565 1. Except as otherwise provided in subsection 3, 16 sample ballots must include: 17 (a) If applicable, the statement required by NRS 293.267; 18 (b) The fiscal note or description of anticipated financial effect, 19 as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 20 295.095 or 295.230 for each proposed constitutional amendment, 21 statewide measure, measure to be voted upon only by a special 22 district or political subdivision and advisory question; 23 (c) An explanation, as provided pursuant to NRS 218D.810, 24 293.250, 293.481, 295.121 or 295.230, of each proposed 25 constitutional amendment, statewide measure, measure to be voted 26 upon only by a special district or political subdivision and advisory 27 question; 28 (d) Arguments for and against each proposed constitutional 29 amendment, statewide measure, measure to be voted upon only by a 30 special district or political subdivision and advisory question, and 31 rebuttals to each argument, as provided pursuant to NRS 218D.810, 32 293.250, 293.252 or 295.121; and 33 (e) The full text of each proposed constitutional amendment. 34 2. If, pursuant to the provisions of NRS 293.2565, the word 35 “Incumbent” must appear on the ballot next to the name of the 36 candidate who is the incumbent, the word “Incumbent” must appear 37 on the sample ballot next to the name of the candidate who is the 38 incumbent. 39 3. Sample ballots that are mailed to registered voters may be 40 printed without the full text of each proposed constitutional 41 amendment if: 42 (a) The cost of printing the sample ballots would be significantly 43 reduced if the full text of each proposed constitutional amendment 44 were not included; 45 – 5 – - *AB242_R2* (b) The county clerk ensures that a sample ballot that includes 1 the full text of each proposed constitutional amendment is provided 2 at no charge to each registered voter who requests such a sample 3 ballot; and 4 (c) The sample ballots provided to each polling place include the 5 full text of each proposed constitutional amendment. 6 4. A county clerk may establish a system for distributing 7 sample ballots by electronic means to each registered voter who 8 elects to receive a sample ballot by electronic means. Such a system 9 may include, without limitation, electronic mail or electronic access 10 through an Internet website. If a county clerk establishes such a 11 system and a registered voter elects to receive a sample ballot by 12 electronic means, the county clerk shall distribute the sample ballot 13 to the registered voter by electronic means pursuant to the 14 procedures and requirements set forth by regulations adopted by the 15 Secretary of State. 16 5. If a registered voter does not elect to receive a sample ballot 17 by electronic means pursuant to subsection 4, the county clerk shall 18 distribute the sample ballot to the registered voter by mail. 19 6. Except as otherwise provided in subsection 7, before the 20 period for early voting for any election begins, the county clerk shall 21 distribute to each registered voter in the county by mail or electronic 22 means, as applicable, the sample ballot for his or her precinct, with a 23 notice informing the voter of the location of his or her polling place 24 or places. If the location of the polling place or places has changed 25 since the last election: 26 (a) The county clerk shall mail a notice of the change to each 27 registered voter in the county not sooner than 10 days before 28 distributing the sample ballots; or 29 (b) The sample ballot must also include a notice in bold type 30 immediately above the location which states: 31 32 NOTICE: THE LOCATION OF YOUR POLLING PLACE OR 33 PLACES HAS CHANGED SINCE THE LAST ELECTION 34 35 7. If a person registers to vote less than 20 days before the date 36 of an election, the county clerk is not required to distribute to the 37 person the sample ballot for that election by mail or electronic 38 means. 39 8. Except as otherwise provided in subsection 9, a sample 40 ballot required to be distributed pursuant to this section must: 41 (a) Be prepared in at least 12-point type; and 42 (b) Include on the front page, in a separate box created by bold 43 lines, a notice prepared in at least 20-point bold type that states: 44 – 6 – - *AB242_R2* NOTICE: TO RECEIVE A SAMPLE BALLOT IN 1 LARGE TYPE, CALL (Insert appropriate telephone number) 2 3 9. A portion of a sample ballot that contains a facsimile of the 4 display area of a voting device may include material in less than 12-5 point type to the extent necessary to make the facsimile fit on the 6 pages of the sample ballot. 7 10. The sample ballot distributed to a person who requests a 8 sample ballot in large type by exercising the option provided 9 pursuant to NRS 293.508, or in any other manner, must be prepared 10 in at least 14-point type, or larger when practicable. 11 11. If a person requests a sample ballot in large type, the 12 county clerk shall ensure that all future sample ballots distributed to 13 that person from the county are in large type. 14 12. The county clerk shall include in each sample ballot a 15 statement indicating that the county clerk will, upon request of a 16 voter who is elderly or disabled, make reasonable accommodations 17 to allow the voter to vote at his or her polling place or places and 18 provide reasonable assistance to the voter in casting his or her vote, 19 including, without limitation, providing appropriate materials to 20 assist the voter. In addition, if the county clerk has provided 21 pursuant to subsection [4] 5 of NRS 293.2955 for the placement at 22 centralized voting locations of specially equipped voting devices for 23 use by voters who are elderly or disabled, the county clerk shall 24 include in the sample ballot a statement indicating: 25 (a) The addresses of such centralized voting locations; 26 (b) The types of specially equipped voting devices available at 27 such centralized voting locations; and 28 (c) That a voter who is elderly or disabled may cast his or her 29 ballot at such a centralized voting location rather than at his or her 30 regularly designated polling place or places. 31 13. The cost of distributing sample ballots for any election 32 other than a primary election, presidential preference primary 33 election or general election must be borne by the political 34 subdivision holding the election. 35 Sec. 8.5. NRS 293B.033 is hereby amended to read as follows: 36 293B.033 “Mechanical voting system” means a system of 37 voting whereby a voter may cast a vote: 38 1. On a device which mechanically or electronically compiles a 39 total of the number of votes cast for each candidate and for or 40 against each measure voted on; or 41 2. By marking a paper ballot , including, without limitation, a 42 mail ballot, which is subsequently counted on an electronic 43 tabulator, counting device or computer. 44 – 7 – - *AB242_R2* Sec. 9. NRS 293B.050 is hereby amended to read as follows: 1 293B.050 At all statewide, county, city and district elections of 2 any kind held in this State, ballots or votes [may] : 3 1. May be cast, registered [,] and recorded [and counted] by 4 means of a mechanical voting system. 5 2. Must be counted by means of a mechanical voting system. 6 Sec. 10. NRS 293B.105 is hereby amended to read as follows: 7 293B.105 The board of county commissioners of any county or 8 the city council or other governing body of any city [may] : 9 1. May purchase and adopt for use at elections any mechanical 10 voting system and mechanical recording device [. The system or 11 device may be used at any or all elections held in the county or city,] 12 for voting [,] and registering [and counting] votes cast. 13 2. Must purchase and adopt for use at elections a mechanical 14 voting system for counting votes cast. 15 Sec. 11. NRS 293B.110 is hereby amended to read as follows: 16 293B.110 [A] Except as otherwise provided in NRS 17 293B.050, a mechanical voting system or mechanical recording 18 device may be adopted and used for some of the precincts or 19 districts in the same county or city, while the remainder of the 20 precincts or districts in that county or city may be furnished with 21 paper ballots or any other mechanical voting system or mechanical 22 recording device. 23 Sec. 12. NRS 293B.130 is hereby amended to read as follows: 24 293B.130 1. Before any election , [where a mechanical 25 voting system is to be used,] the county clerk shall prepare or cause 26 to be prepared a computer program on cards, tape or other material 27 suitable for use with the computer or counting device to be 28 employed for counting the votes cast. The program must cause the 29 computer or counting device to operate in the following manner: 30 (a) All lawful votes cast by each voter must be counted. 31 (b) All unlawful votes, including, without limitation, overvotes 32 or, in a primary election or presidential preference primary election, 33 votes cast for a candidate of a major political party other than the 34 party, if any, of the registration of the voter must not be counted. 35 (c) If the election is: 36 (1) A primary election held in an even-numbered year; 37 (2) A presidential preference primary election; or 38 (3) A general election, 39 the total votes, other than mail ballots, must be accumulated by 40 precinct. 41 (d) The computer or counting device must halt or indicate by 42 appropriate signal if a ballot is encountered which lacks a code 43 identifying the precinct in which it was voted and, in a primary 44 – 8 – - *AB242_R2* election or presidential preference primary election, identifying the 1 major political party of the voter. 2 2. The program must be prepared under the supervision of the 3 accuracy certification board appointed pursuant to the provisions of 4 NRS 293B.140. 5 3. The county clerk shall take such measures as he or she 6 deems necessary to protect the program from being altered or 7 damaged. 8 Sec. 13. NRS 293B.175 is hereby amended to read as follows: 9 293B.175 In those districts or precincts in which a mechanical 10 voting system is used [,] for casting ballots, the list of offices and 11 candidates and the statements of measures appropriate for use with 12 [that] a mechanical voting system in combination with the device 13 upon which a vote is registered is an official ballot. 14 Sec. 14. (Deleted by amendment.) 15 Sec. 15. (Deleted by amendment.) 16 Sec. 16. (Deleted by amendment.) 17 Sec. 17. NRS 293C.281 is hereby amended to read as follows: 18 293C.281 1. Except as otherwise provided in subsection 2, at 19 all times during which a polling place is open: 20 (a) The polling place must: 21 (1) Be accessible to a voter who is elderly or a voter with a 22 disability; and 23 (2) Have at least [one] two voting [booth] booths that [is:] 24 are: 25 (I) Designed to allow a voter in a wheelchair to vote; 26 (II) Designated for use by a voter who is elderly or a voter 27 with a disability; 28 (III) Equipped to allow a voter who is elderly or a voter 29 with a disability to vote with the same privacy as a voter who is not 30 elderly or as a voter without a disability; and 31 (IV) Equipped with a mechanical recording device which 32 directly records the votes electronically and which may be used by 33 persons with disabilities; and 34 (b) Either: 35 (1) The polling place must have a separate line for voters 36 with disabilities or who are not physically able to wait in line to 37 vote. Voters in this separate line must be allowed to vote before any 38 voter who is not disabled and is physically able to wait in line to 39 vote; or 40 (2) An election board officer at the polling place must allow 41 voters with disabilities or who are not physically able to wait in line 42 to move to the front of the line of voters waiting to vote. 43 2. A polling place that does not comply with the provisions of 44 paragraph (a) of subsection 1 may be used if necessary because of a 45 – 9 – - *AB242_R2* natural disaster, including, without limitation, an earthquake, flood, 1 fire or storm. 2 3. If, in the opinion of the city clerk, more than two voting 3 booths described in subparagraph (2) of paragraph (a) of 4 subsection 1 are required to accommodate the needs of voters who 5 are elderly or voters with a disability, the city clerk shall place 6 additional voting booths at the polling place as needed. 7 4. At each polling place, the city clerk is encouraged to: 8 (a) Post in a conspicuous place, in at least 12-point type, 9 instructions for voting; 10 (b) Provide ballots in alternative audio and visual formats for 11 use by a voter who is elderly or a voter with a disability; and 12 (c) Provide, in alternative audio and visual formats for use by a 13 voter who is elderly or a voter with a disability, all materials that 14 are: 15 (1) Related to the election; and 16 (2) Made available to a voter in printed form at the polling 17 place. 18 [4.] 5. As an alternative to carrying out the functions described 19 in subsection [3,] 4, if, in the opinion of the city clerk, the needs of 20 voters who are elderly or disabled requiring the use of specially 21 equipped voting devices will be best served by placing such devices 22 at centralized voting locations, the city clerk may so provide. If the 23 city clerk provides for the placement of specially equipped voting 24 devices at centralized locations, a voter who is elderly or disabled 25 and requires the use of such a device to be able to cast a ballot 26 without assistance may cast his or her ballot at any centralized 27 voting location designated by the city clerk. 28 6. Each city clerk and all election board officers must 29 complete training in the use of the voting booths and specially 30 equipped voting devices required pursuant to this section to ensure 31 that the city clerk and election board officers are able to assist 32 voters who are elderly or voters with a disability in the use of such 33 voting booths and devices. 34 Sec. 18. (Deleted by amendment.) 35 Sec. 19. NRS 293C.530 is hereby amended to read as follows: 36 293C.530 1. A city clerk may establish a system for 37 distributing sample ballots by electronic means to each registered 38 voter who elects to receive a sample ballot by electronic means. 39 Such a system may include, without limitation, electronic mail or 40 electronic access through an Internet website. If a city clerk 41 establishes such a system and a registered voter elects to receive a 42 sample ballot by electronic means, the city clerk shall distribute the 43 sample ballot to the registered voter by electronic means pursuant to 44 – 10 – - *AB242_R2* the procedures and requirements set forth by regulations adopted by 1 the Secretary of State. 2 2. If a registered voter does not elect to receive a sample ballot 3 by electronic means pursuant to subsection 1, the city clerk shall 4 distribute the sample ballot to the registered voter by mail. 5 3. Except as otherwise provided in subsection 4, before the 6 period for early voting for any election begins, the city clerk shall 7 distribute to each registered voter in the city by mail or electronic 8 means, as applicable, the sample ballot for his or her precinct, with a 9 notice informing the voter of the location of his or her polling place 10 or places. If the location of the polling place or places has changed 11 since the last election: 12 (a) The city clerk shall mail a notice of the change to each 13 registered voter in the city not sooner than 10 days before 14 distributing the sample ballots; or 15 (b) The sample ballot must also include a notice in bold type 16 immediately above the location which states: 17 18 NOTICE: THE LOCATION OF YOUR POLLING PLACE OR 19 PLACES HAS CHANGED SINCE THE LAST ELECTION 20 21 4. If a person registers to vote less than 20 days before the date 22 of an election, the city clerk is not required to distribute to the 23 person the sample ballot for that election by mail or electronic 24 means. 25 5. Except as otherwise provided in subsection 7, a sample 26 ballot required to be distributed pursuant to this section must: 27 (a) Be prepared in at least 12-point type; 28 (b) Include the description of the anticipated financial effect and 29 explanation of each citywide measure and advisory question, 30 including arguments for and against the measure or question, as 31 required pursuant to NRS 295.205 or 295.217; and 32 (c) Include on the front page, in a separate box created by bold 33 lines, a notice prepared in at least 20-point bold type that states: 34 35 NOTICE: TO RECEIVE A SAMPLE BALLOT IN 36 LARGE TYPE, CALL (Insert appropriate telephone number) 37 38 6. The word “Incumbent” must appear on the sample ballot 39 next to the name of the candidate who is the incumbent, if required 40 pursuant to NRS 293.2565. 41 7. A portion of a sample ballot that contains a facsimile of the 42 display area of a voting device may include material in less than 12-43 point type to the extent necessary to make the facsimile fit on the 44 pages of the sample ballot. 45 – 11 – - *AB242_R2* 8. The sample ballot distributed to a person who requests a 1 sample ballot in large type by exercising the option provided 2 pursuant to NRS 293.508, or in any other manner, must be prepared 3 in at least 14-point type, or larger when practicable. 4 9. If a person requests a sample ballot in large type, the city 5 clerk shall ensure that all future sample ballots distributed to that 6 person from the city are in large type. 7 10. The city clerk shall include in each sample ballot a 8 statement indicating that the city clerk will, upon request of a voter 9 who is elderly or disabled, make reasonable accommodations to 10 allow the voter to vote at his or her polling place or places and 11 provide reasonable assistance to the voter in casting his or her vote, 12 including, without limitation, providing appropriate materials to 13 assist the voter. In addition, if the city clerk has provided pursuant to 14 subsection [4] 5 of NRS 293C.281 for the placement at centralized 15 voting locations of specially equipped voting devices for use by 16 voters who are elderly or disabled, the city clerk shall include in the 17 sample ballot a statement indicating: 18 (a) The addresses of such centralized voting locations; 19 (b) The types of specially equipped voting devices available at 20 such centralized voting locations; and 21 (c) That a voter who is elderly or disabled may cast his or her 22 ballot at such a centralized voting location rather than at the voter’s 23 regularly designated polling place or places. 24 11. The cost of distributing sample ballots for a city election 25 must be borne by the city holding the election. 26 Sec. 20. NRS 293C.600 is hereby amended to read as follows: 27 293C.600 1. Before any election where a mechanical voting 28 system will be used [,] for casting ballots, the city clerk shall 29 prepare or cause to be prepared a computer program on cards, tape 30 or other material suitable for use with the computer or counting 31 device to be employed for counting the votes cast. The program 32 must cause the computer or counting device to operate in the 33 following manner: 34 (a) All lawful votes cast by each voter must be counted. 35 (b) All unlawful votes, including, but not limited to, overvotes 36 must not be counted. 37 (c) The computer or counting device must halt or indicate by 38 appropriate signal if a ballot is encountered that lacks a code 39 identifying the precinct in which it was voted. 40 2. The program must be prepared under the supervision of the 41 accuracy certification board appointed pursuant to the provisions of 42 NRS 293B.140. 43 3. The city clerk shall take such measures as he or she deems 44 necessary to protect the program from being altered or damaged. 45 – 12 – - *AB242_R2* Sec. 21. (Deleted by amendment.) 1 Sec. 22. NRS 295.045 is hereby amended to read as follows: 2 295.045 1. A petition for referendum must be filed with the 3 Secretary of State not less than 120 days before the date of the next 4 succeeding general election. 5 2. The Secretary of State shall certify the questions to the 6 county clerks. 7 3. The title of the statute or resolution must be set out on the 8 ballot, and the question printed upon the ballot for the information 9 of the voters must be as follows: “Shall the statute (setting out its 10 title) be approved?” 11 4. Where a mechanical voting system is used [,] for casting 12 ballots, the title of the statute must appear on the list of offices and 13 candidates and the statements of measures to be voted on and may 14 be condensed to no more than 25 words. 15 5. The votes cast upon the question must be counted and 16 canvassed as the votes for state officers are counted and canvassed. 17 Sec. 23. NRS 295.170 is hereby amended to read as follows: 18 295.170 1. The subject matter of such questions must be 19 stated concisely on the ballot, and the question printed upon the 20 ballot for the information of the voter must be as follows: “Shall the 21 act (setting out the title thereof) be approved?” 22 2. Where a mechanical voting system is used [,] for casting 23 ballots, the title of the act must appear on the list of offices and 24 candidates and the statements of measures to be voted on and may 25 be condensed by the district attorney to 20 words. 26 3. The district attorney shall prepare an explanation of each 27 such question, which must be placed on the ballot or the list of 28 offices and candidates and the statements of measures to be voted 29 on, or posted in the polling place. 30 4. The votes cast upon such question must be counted and 31 canvassed as the votes for county officers are counted and 32 canvassed. 33 Sec. 24. NRS 306.060 is hereby amended to read as follows: 34 306.060 1. If the officer against whom the petition is filed 35 furnishes no justification of the officer’s course in office, none need 36 appear on the ballot at the election upon the officer’s recall. 37 2. Where a mechanical voting system is used [,] for casting 38 ballots, the reason for demanding the recall of the officer and the 39 officer’s justification need not [be printed] appear on the ballot, but 40 must be printed on sample ballots, which must be presented to 41 registered voters upon their application to vote. 42 Sec. 25. (Deleted by amendment.) 43 – 13 – - *AB242_R2* Sec. 26. Section 5.090 of the Charter of the City of Caliente, 1 being chapter 31, Statutes of Nevada 1971, at page 67, is hereby 2 amended to read as follows: 3 Sec. 5.090 [Voting machines.] Mechanical voting 4 systems. 5 1. The City Council [may] shall provide for the use of 6 mechanical or other devices for [voting or] counting the votes 7 [not inconsistent] in accordance with [law or] the election 8 laws of this State and any regulations of the Secretary of 9 State. 10 2. If the City Council provides for the use of 11 mechanical or other devices for voting, such provision must 12 be in accordance with the election laws of this State and any 13 regulations of the Secretary of State. 14 Sec. 27. (Deleted by amendment.) 15 Sec. 28. Section 5.080 of the Charter of the City of Carlin, 16 being chapter 344, Statutes of Nevada 1971, at page 616, is hereby 17 amended to read as follows: 18 Sec. 5.080 [Voting machines.] Mechanical voting 19 systems. 20 1. The Board of Council Members [may] shall provide 21 for the use of mechanical or other devices for [voting or] 22 counting the votes [not inconsistent] in accordance with [law 23 or] the election laws of this State and any regulations of the 24 Secretary of State. 25 2. If the Board of Council Members provides for the 26 use of mechanical or other devices for voting, such 27 provision must be in accordance with the election laws of 28 this State and any regulations of the Secretary of State. 29 Sec. 29. (Deleted by amendment.) 30 Sec. 30. Section 5.090 of the Charter of Carson City, being 31 chapter 213, Statutes of Nevada 1969, at page 306, is hereby 32 amended to read as follows: 33 Sec. 5.090 [Voting machines.] Mechanical voting 34 systems. 35 1. The Board [may] shall provide for the use of 36 mechanical or other devices for [voting or] counting the votes 37 [not inconsistent] in accordance with [law or] the election 38 laws of this State and any regulations of the Secretary of 39 State. 40 2. If the Board provides for the use of mechanical or 41 other devices for voting, such provision must be in 42 accordance with the election laws of this State and any 43 regulations of the Secretary of State. 44 Sec. 31. (Deleted by amendment.) 45 – 14 – - *AB242_R2* Sec. 32. Section 5.080 of the Charter of the City of Elko, 1 being chapter 276, Statutes of Nevada 1971, as amended by chapter 2 51, Statutes of Nevada 2001, at page 464, is hereby amended to read 3 as follows: 4 Sec. 5.080 [Voting machines.] Mechanical voting 5 systems. 6 1. The City Council [may] shall provide for the use of 7 mechanical or other devices for [voting or] counting votes 8 [that is not inconsistent] in accordance with [law or the] the 9 election laws of this State and any regulations of the 10 Secretary of State. 11 2. If the City Council provides for the use of 12 mechanical or other devices for voting, such provision must 13 be in accordance with the election laws of this State and any 14 regulations of the Secretary of State. 15 Sec. 33. (Deleted by amendment.) 16 Sec. 34. Section 5.090 of the Charter of the City of Henderson, 17 being chapter 266, Statutes of Nevada 1971, at page 417, is hereby 18 amended to read as follows: 19 Sec. 5.090 [Voting machines.] Mechanical voting 20 systems. 21 1. The City Council [may] shall provide for the use of 22 mechanical or other devices for [voting or] counting the votes 23 [not inconsistent] in accordance with [law or] the election 24 laws of this State and any regulations of the Secretary of 25 State. 26 2. If the City Council provides for the use of 27 mechanical or other devices for voting, such provision must 28 be in accordance with the election laws of this State and any 29 regulations of the Secretary of State. 30 Sec. 35. (Deleted by amendment.) 31 Sec. 36. Section 5.090 of the Charter of the City of Las Vegas, 32 being chapter 517, Statutes of Nevada 1983, at page 1416, is hereby 33 amended to read as follows: 34 Sec. 5.090 [Voting machines.] Mechanical voting 35 systems. 36 1. The City Council [may] shall provide for the use of 37 mechanical or other devices for [voting or for] counting the 38 votes [, or both, which are not inconsistent] in accordance 39 with the [law or the] election laws of this State and any 40 regulations of the Secretary of State. 41 2. If the City Council provides for the use of 42 mechanical or other devices for voting, such provision must 43 be in accordance with the election laws of this State and any 44 regulations of the Secretary of State. 45 – 15 – - *AB242_R2* Sec. 37. (Deleted by amendment.) 1 Sec. 38. Section 5.090 of the Charter of the City of Mesquite, 2 being chapter 325, Statutes of Nevada 2017, at page 1887, is hereby 3 amended to read as follows: 4 Sec. 5.090 [Voting machines.] Mechanical voting 5 systems. 6 1. The City Council [may] shall provide for the use of 7 mechanical or other devices for [voting or] counting the votes 8 [not inconsistent] in accordance with [law or] the election 9 laws of this State and any regulations of the Secretary of 10 State. 11 2. If the City Council provides for the use of 12 mechanical or other devices for voting, such provision must 13 be in accordance with the election laws of this State and any 14 regulations of the Secretary of State. 15 Sec. 39. (Deleted by amendment.) 16 Sec. 40. (Deleted by amendment.) 17 Sec. 41. Section 5.090 of the Charter of the City of Reno, 18 being chapter 662, Statutes of Nevada 1971, at page 1979, is hereby 19 amended to read as follows: 20 Sec. 5.090 [Voting machines.] Mechanical voting 21 systems. 22 1. The City Council [may] shall provide for the use of 23 mechanical or other devices for [voting or] counting the votes 24 [not inconsistent] in accordance with [law or] the election 25 laws of this State and any regulations of the Secretary of 26 State. 27 2. If the City Council provides for the use of 28 mechanical or other devices for voting, such provision must 29 be in accordance with the election laws of this State and any 30 regulations of the Secretary of State. 31 Sec. 42. (Deleted by amendment.) 32 Sec. 43. Section 5.090 of the Charter of the City of Sparks, 33 being chapter 470, Statutes of Nevada 1975, at page 737, is hereby 34 amended to read as follows: 35 Sec. 5.090 [Voting machines.] Mechanical voting 36 systems. 37 1. The City Council [may] shall provide for the use of 38 mechanical or other devices for [voting or] counting the votes 39 [not inconsistent] in accordance with [law or] the election 40 laws of this State and any regulations of the Secretary of 41 State. 42 2. If the City Council provides for the use of 43 mechanical or other devices for voting, such provision must 44 – 16 – - *AB242_R2* be in accordance with the election laws of this State and any 1 regulations of the Secretary of State. 2 Sec. 44. (Deleted by amendment.) 3 Sec. 45. Section 5.080 of the Charter of the City of Wells, 4 being chapter 275, Statutes of Nevada 1971, at page 470, is hereby 5 amended to read as follows: 6 Sec. 5.080 [Voting machines.] Mechanical voting 7 systems. 8 1. The Board of Council Members [may] shall provide 9 for the use of mechanical or other devices for [voting or] 10 counting the votes [not inconsistent] in accordance with [law 11 or] the election laws of this State and any regulations of the 12 Secretary of State. 13 2. If the Board of Council Members provides for the 14 use of mechanical or other devices for voting, such 15 provision must be in accordance with the election laws of 16 this State and any regulations of the Secretary of State. 17 Sec. 46. (Deleted by amendment.) 18 Sec. 47. Section 5.080 of the Charter of the City of Yerington, 19 being chapter 465, Statutes of Nevada 1971, at page 913, is hereby 20 amended to read as follows: 21 Sec. 5.080 [Voting machines.] Mechanical voting 22 systems. 23 1. The City Council [may] shall provide for the use of 24 mechanical or other devices for [voting or] counting the votes 25 [not inconsistent] in accordance with [law or] the election 26 laws of this State and any regulations of the Secretary of 27 State. 28 2. If the City Council provides for the use of 29 mechanical or other devices for voting, such provision must 30 be in accordance with the election laws of this State and any 31 regulations of the Secretary of State. 32 Sec. 48. The provisions of NRS 354.599 do not apply to any 33 additional expenses of a local government that are related to the 34 provisions of this act. 35 Sec. 49. (Deleted by amendment.) 36 Sec. 50. This act becomes effective on July 1, 2023. 37 H