A.B. 534
- *AB534*
ASSEMBLY BILL NO. 534–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
(ON BEHALF OF THE SECRETARY OF STATE)
MARCH 24, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-975)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 2, 18, 20, 21, 51, 61)
(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 the Secretary of State to allow
certain persons detained in jail to use the system of approved
electronic transmission to register to vote and cast a ballot;
revising provisions relating to voter registration and updating
voter registration information; renaming certain provisional
ballots to “conditional ballots;” revising provisions relating to
certain petitions; revising the deadline for candidates to file a
declaration of candidacy; revising provisions relating to the
publication of certain information by a county clerk;
authorizing the Secretary of State to require certain employees
to attend a training course concerning elections procedures;
revising provisions relating mail ballots; revising provisions
relating to the testing of certain technology prior to an
election; defining the term “personal knowledge” for purposes
of certain challenges; revising provisions relating to risk-
limiting audits; revising provisions relating to certain
prohibited conduct in or around a polling place; revising
provisions relating to mechanical voting systems; authorizing,
under certain circumstances, the Secretary of State to adjust
the date of the presidential preference primary election;
making various other changes relating to elections; and
providing other matters properly relating thereto.
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Legislative Counsel’s Digest:
Existing law requires the Secretary of State to establish a system of approved 1
electronic transmission through which voters may register to vote and apply for and 2
cast a ballot. (NRS 293D.200) Existing law further sets forth provisions governing 3
voting by persons who are detained in a county or city jail. (NRS 293.269971, 4
293.269973, 293.269975) Section 2 of this bill requires the Secretary of State to 5
allow: (1) an elector who is detained in a county or city jail to use the system of 6
approved electronic transmission established for covered voters who are overseas 7
or in the military to register to vote; and (2) a registered voter who is detained in a 8
county or city jail to use the system of approved electronic transmission to apply 9
for and cast a ballot in every election where the system of approved electronic 10
transmission is available to a covered voter who is overseas or in the military. 11
Section 15 of this bill requires the Secretary of State to prescribe the procedures to 12
be followed and the requirements of the use of the system of approved electronic 13
transmission by electors and voters who are detained in a county or city jail. 14
Section 21 of this bill requires the report submitted to the Secretary of State by a 15
person who administers a county or city jail concerning elections conducted in such 16
jails to include an explanation of the process the jail used to comply with the 17
provisions of section 2. (NRS 293.269975) 18
Section 3 of this bill requires, with limited exception, a county or city clerk to 19
respond within 2 working days after receiving any request from the Secretary of 20
State for information or data relating to an election. 21
Section 4 of this bill provides that if an active registered voter moves to another 22
county and registers to vote therein, which may include, without limitation, an 23
application to register to vote which is transmitted to a county clerk from an 24
automatic voter registration agency, it shall be deemed that the voter is updating his 25
or her voter registration rather than registering to vote and, with certain exceptions, 26
the voter must not be required to cast a provisional ballot on the basis of such an 27
update. 28
Existing law sets forth certain procedures governing the use of provisional 29
ballots by registered voters who update their voter registration information after the 30
close of registration for an election and by electors who register to vote in person or 31
by computer during certain periods of time leading up to and during an election. 32
Specifically, existing law: (1) with certain exceptions, requires an elector who is 33
deemed conditionally registered to vote under such circumstances to cast his or her 34
vote by a provisional ballot; and (2) authorizes a county or city clerk, under certain 35
circumstances, to require a registered voter who updates his or her voter registration 36
to cast a provisional ballot in an election. (NRS 293.5772-293.5887) Sections 5, 23, 37
26, 32 and 38-47 of this bill rename ballots cast under such circumstances to be 38
“conditional ballots.” 39
Existing law requires certain petitions to be submitted to a county clerk for 40
verification of the signatures on the petition and sets forth certain deadlines for such 41
submission. (NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035, 306.110) 42
Section 65 of this bill prohibits petitions for referendum and certain initiatives from 43
being submitted to a county clerk earlier than the 13th day following the primary or 44
general election, as appropriate. (NRS 295.056) Existing law requires, after the 45
submission of certain petitions containing signatures which are required to be 46
verified, the county clerk to determine the number of signatures affixed to the 47
documents and forward that information to the Secretary of State. (NRS 293.1276) 48
Section 6 of this bill increases the time provided to a county clerk to make such a 49
determination: (1) for a petition to place the name of a candidate for partisan office 50
of a minor political party or an independent candidate for partisan office on the 51
ballot, from 2 working days to 7 working days; and (2) for any other petition which 52
is required to be submitted for such purposes, from 4 working days to 9 working 53
days. 54
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If the Secretary of State finds that the total number of signatures submitted to 55
all the county clerks is 100 percent or more of the number of registered voters 56
needed to declare the petition sufficient, existing law requires: (1) the Secretary of 57
State to immediately notify the county clerks; and (2) each of the county clerks, 58
after the receipt of such notification, to determine the number of registered voters 59
who have signed the document. (NRS 293.1277) Section 7 of this bill increases the 60
time provided to a county clerk to make such a determination: (1) for a petition to 61
recall a public officer who holds a statewide office, from 20 working days to 25 62
working days; (2) for a petition to place the name of a candidate for partisan office 63
of a minor political party or an independent candidate for partisan office on the 64
ballot, from 3 working days to 8 working days; and (3) for any other petition which 65
is required to be submitted for such purposes, from 9 working days to 14 working 66
days. Sections 8 and 11 of this bill require a petition to place the name of a 67
candidate for partisan office of a minor political party or an independent candidate 68
for partisan office on the ballot be submitted to the county clerk for verification not 69
later than 25 working days, rather than 10 working days, before the last day to file 70
the petition. 71
Existing law provides that the period for filing a declaration of candidacy: (1) 72
for judicial candidates begins on the first Monday in January of the year in which 73
the election is to be held and ends the second Friday after the first Monday in 74
January; and (2) for all nonjudicial candidates begins on the first Monday in March 75
of the year in which the election is to be held and ends the second Friday after the 76
first Monday in March. (NRS 293.177, 293C.145, 293C.175) Sections 9-11, 58 77
and 59 of this bill instead provide that the period for filing a declaration of 78
candidacy for both judicial and nonjudicial candidates begins on the first Monday 79
in February of the year in which the election is to be held and ends not later than 5 80
p.m. on the second Friday after the first Monday in February. Section 9 similarly 81
revises the dates by which a minor political party is required by existing law to file 82
a list of its candidates for partisan office. (NRS 293.1725) Section 11 further 83
provides that a petition of candidacy for an independent candidate for partisan 84
office must not be filed earlier than the first Monday in February rather than the 85
first Monday in March. 86
Existing law requires a county clerk to publish certain information concerning 87
elections in a newspaper of general circulation. (NRS 293.203, 293.253, 293.3073, 88
293.3576, 293.391, 293.464, 298.670) Sections 12, 25, 27, 28, 31 and 68 of this 89
bill instead require the county clerk to publish such notices in such a manner as the 90
county clerk deems proper, which may include, without limitation, publication in a 91
newspaper of general circulation, on the Internet website of the county clerk or on 92
the social media account of the county clerk. 93
Under existing law, the Secretary of State is required to cause to be published 94
in a newspaper of general circulation, on three separate occasions, in each county of 95
the State, together with any explanatory matter to be placed on the ballot, the entire 96
text of a proposed amendment to the Nevada Constitution which is proposed by an 97
initiative petition. (Nev. Art. 19, § 2; NRS 293.253) Section 17 of this bill 98
authorizes a county clerk to also publish such materials in any other manner as the 99
county clerk deems proper which may include, without limitation, publication on 100
the Internet website of the county clerk or on the social media account of the county 101
clerk. 102
Existing law requires the Secretary of State to adopt regulations, not 103
inconsistent with the election laws of this State, for the conduct of primary, 104
presidential preference primary, general, special and district elections in all cities 105
and counties. (NRS 293.247) Section 14 of this bill authorizes the Secretary of 106
State to adopt regulations which provide standards for certain reports which are 107
required to be filed by a county or city clerk. 108
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Section 16 of this bill authorizes the Secretary of State to require any deputy or 109
employee of the Office of the Secretary of State whose duties relate to elections to 110
attend the training course provided by the Secretary of State concerning elections 111
procedures. (NRS 293.2504) 112
Existing law authorizes a mail ballot central counting board to begin counting 113
the received mail ballots 15 days before the day of the election and requires the 114
board to complete the count of all mail ballots on or before the seventh day 115
following the election. (NRS 293.269931, 293C.26331) Sections 20 and 61 of this 116
bill: (1) require, instead of authorize, the mail ballot central counting board to begin 117
counting the received mail ballots 15 days before the day of the election; and (2) 118
require the mail central counting board to process each mail ballot on the day that 119
the mail ballot is received. Section 19 of this bill requires the Secretary of State, 120
rather than a county clerk, to establish procedures for the processing and counting 121
of mail ballots. (NRS 293.269925) 122
Existing law requires a county clerk to: (1) prepare and distribute to certain 123
persons in the county a mail ballot for every election; and (2) allow a voter to elect 124
not to receive such a mail ballot by submitting a written notice to the county clerk 125
which must be received by the county clerk not later than 60 days before the day of 126
the election. (NRS 293.269911) Section 18 of this bill authorizes a voter who elects 127
not to receive a mail ballot to later elect to receive a mail ballot for the election if 128
he or she, not later than 14 days before the election, submits to the county clerk a 129
written notice in the form prescribed by the county clerk. 130
Existing law authorizes an elector to vote in the county or city in which the 131
elector is eligible to vote by submitting an application to register to vote by 132
computer using the system established by the Secretary of State before the elector 133
appears at a polling place to vote in person. Existing law further requires an elector 134
who submits an application to register to vote in such a manner less than 14 days 135
before the election to vote in person. (NRS 293.5837, 293.671) Section 41 of this 136
bill instead requires an elector who submits such an application less than 18 days 137
before the election to vote in person. Section 18 requires a county clerk to prepare 138
and distribute a mail ballot to each person who registers to vote or updates his or 139
her voter registration information not later than 18 days, rather than 14 days, before 140
the election. (NRS 293.269911) 141
Existing law requires a county clerk, if the county clerk uses an electronic 142
roster, to complete a test of the electronic roster not earlier than 2 weeks before and 143
not later than 5 p.m. on the day before the first day of the period for early voting by 144
personal appearance to ensure its functionality. (NRS 293.275) Section 22 of this 145
bill prohibits such a test from being completed earlier than 6 weeks, instead of 2 146
weeks, before the first day of the period for early voting by personal appearance. 147
Section 55 of this bill similarly revises the time period provided in existing law for 148
a county or city clerk to perform certain tests on a mechanical recording device 149
which directly records votes electronically and any automatic tabulating equipment 150
and programs. (NRS 293B.150) 151
Sections 24 and 33 of this bill define the term “personal knowledge” for 152
purposes of certain provisions of existing law which authorize certain persons to 153
challenge the right of a person to vote and provide that the term does not include 154
knowledge obtained from a third party. (NRS 293.303, 293.535) 155
Existing law requires each county clerk to conduct a risk-limiting audit of the 156
results of an election. (NRS 293.394) Section 29 of this bill renames such audits to 157
“election accuracy audits.” Existing law provides that certain materials used in the 158
completion of logic and accuracy tests must be sealed and deposited in the vaults of 159
the county clerk. (NRS 293B.170) Section 56 of this bill provides that such 160
materials are subject to inspection for the purposes of an election accuracy audit. 161
Section 30 of this bill provides that the term “canvass” as used in certain 162
provisions relating to recounts demanded by a candidate defeated at an election 163
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includes, in any general election, the canvass by the Supreme Court of the returns 164
for a candidate for United States Senator or Representative in Congress. 165
(NRS 293.403) 166
Existing law requires a county clerk to cancel the preregistration or registration 167
of a person under certain circumstances and authorizes or requires the reregistration 168
of certain electors whose registration is cancelled. (NRS 293.540, 293.543) Section 169
34 of this bill requires a county clerk to cancel the preregistration or registration of 170
a person if the county clerk receives, from a person who is within the second degree 171
of consanguinity of the person, a sworn affidavit which indicates the death of the 172
person. Section 35 of this bill requires, if the registration or preregistration of an 173
elector is cancelled under such circumstances and the county clerk later determines 174
that the registration or preregistration should not have been cancelled, the county 175
clerk to reregister or repreregister the elector. 176
Existing law provides that the last day for a person to register to vote for certain 177
elections that are held on the same day as a primary election, presidential 178
preference primary election or general election is, if the person is registering by 179
appearing in person at the office of the county clerk or certain county facilities, the 180
fourth Tuesday preceding the primary election, presidential preference primary 181
election or general election. (NRS 293.560) Section 36 of this bill instead provides 182
that the last day to register to vote in such a manner is the day before the first day of 183
the period for early voting by personal appearance. Section 62 of this bill similarly 184
revises such deadlines for registration for a primary city, general city, recall and 185
special city election if there is a period for early voting for the primary or general 186
city election. Section 37 of this bill requires, if an application to register to vote is 187
received not later than 5 days after the appropriate deadline, a county clerk to 188
accept the application if it is obtained from the Department of Motor Vehicles and 189
is completed by, depending on if there is a period for early voting by personal 190
appearance, the day before the first day of the period for early voting by personal 191
appearance or the last day to register to vote by mail. (NRS 293.5727) 192
Existing law further provides that if a recall or special election is not held on 193
the same day as certain elections, the last day to register to vote for the recall or 194
special election by any method of registration is the third Saturday preceding the 195
recall or special election. (NRS 293.560) Section 36 instead provides that the last 196
day to register to vote for such a recall or special election: (1) by mail is the second 197
Tuesday preceding the recall or special election; (2) by appearing in person at the 198
office of the county clerk or certain county facilities is, depending on if there is a 199
period for early voting for the recall or special election, either the day before the 200
first day of the period for early voting by personal appearance or the third Saturday 201
preceding the recall or special election; and (3) by computer using the system 202
established on the Internet website of the Office of the Secretary of State is the day 203
of the recall or special election. Section 62 similarly revises deadlines for such 204
registration for such recall and special city elections. 205
Sections 48 and 49 of this bill exempt a person who is conducting an exit poll 206
from certain provisions of law which prohibit a person from: (1) with certain 207
exceptions, remaining inside or outside of any polling place so as to interfere with 208
the conduct of an election; and (2) in certain locations, soliciting a vote or speaking 209
to a voter on the subject of marking the voter’s ballots. (NRS 293.730, 293.740) 210
Section 50 of this bill provides that the termination of a contract by certain 211
local governing bodies for the lease or use of a mechanical voting system or 212
mechanical recording device which is currently used in any election of this State is 213
provisional unless such an entity: (1) submits to the Secretary of State a plan to 214
transition to a new mechanical voting system or mechanical recording device which 215
is approved by the Secretary of State; and (2) signs a contract for the purchase, 216
lease or use of the new mechanical voting system or mechanical recording device. 217
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Existing law authorizes mechanical voting systems to be used to cast, register, 218
record and count ballots or votes at all statewide, county, city and district elections 219
of any kind held in this State. (NRS 293B.050) Section 51 of this bill instead 220
provides that ballots or votes: (1) may be cast, registered and recorded using a 221
mechanical voting system; and (2) must be counted using a mechanical voting 222
system. Sections 13, 52-54, 57, 63, 64, 66 and 69-80 of this bill make conforming 223
changes to require the use of a mechanical voting system for counting votes and 224
clarify that the use of a mechanical voting system for casting ballots is authorized 225
but not required. 226
Section 67 of this bill authorizes the Secretary of State, with the approval of the 227
Legislative Commission, to adjust the date of the presidential primary election 228
which is set forth in existing law as the first Tuesday in February of each 229
presidential election year. (NRS 298.650) 230
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. Except as otherwise provided in this section, the 3
Secretary of State shall allow during the period of early voting and 4
on election day: 5
(a) An elector who is detained in a county or city jail to use the 6
system of approved electronic transmission established pursuant to 7
NRS 293D.200 to register to vote in every election where the 8
system of approved electronic transmission is available to a 9
covered voter to register to vote. The deadline for such an elector 10
to use the system of approved electronic transmission to register to 11
vote is the same as the deadline set forth in NRS 293D.230 for a 12
covered voter to register to vote. 13
(b) A registered voter who is in the custody of a county or city 14
jail to use the system of approved electronic transmission 15
established pursuant to NRS 293D.200 to apply for and cast a 16
ballot in every election where the system of approved electronic 17
transmission is available to a covered voter to request and cast a 18
military-overseas ballot. The deadlines for such a registered voter 19
to use the system of approved electronic transmission to request 20
and cast a ballot are the same as the deadlines set forth in NRS 21
293D.310 and 293D.400 for a covered voter to request and cast a 22
military-overseas ballot. 23
2. Upon receipt of an application and ballot cast by a person 24
pursuant to subsection 1 using the system of approved electronic 25
transmission established pursuant to NRS 293D.200, the local 26
elections official shall affix, mark or otherwise acknowledge 27
receipt of the application and ballot by means of a time stamp on 28
the application. 29
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3. The Secretary of State shall ensure that an elector or a 1
registered voter may provide his or her digital signature or 2
electronic signature on any document or other material that is 3
necessary for the elector or registered voter to register to vote, 4
apply for a ballot or cast a ballot, as applicable. 5
4. The Secretary of State shall prescribe the form and content 6
of a declaration for use by an elector or a registered voter to swear 7
or affirm specific representations pertaining to identity, eligibility 8
to vote, status as such an elector or registered voter and timely and 9
proper completion of a ballot. 10
5. The Secretary of State shall prescribe the duties of the 11
county and city clerks upon receipt of a ballot sent by a registered 12
voter using the system of approved electronic transmission 13
pursuant to this section, including, without limitation, the 14
procedures to be used in accepting, handling and counting the 15
ballot. 16
6. The Secretary of State shall make available to an elector or 17
registered voter who is detained in a county or city jail instructions 18
on using the system of approved electronic transmission to register 19
to vote and apply for and cast a ballot. 20
7. A county or city jail shall not prohibit, restrict or monitor 21
the use of the system of approved electronic transmission 22
established pursuant to NRS 293D.200 by any person who is 23
detained in the jail. 24
8. The provisions of this section do not require a county or 25
city jail to allow a person detained in the jail to use the system of 26
approved electronic transmission established pursuant to NRS 27
293D.200 unless the jail has the technology that is necessary for a 28
person to use the system of approved electronic transmission. A 29
county or city jail that has the technology necessary for a person 30
to use the system of approved electronic transmission shall not 31
prohibit, restrict or monitor the use of the system of approved 32
electronic transmission by a person detained in the jail. 33
9. The Secretary of State shall adopt any regulation necessary 34
to carry out the provisions of this section. 35
10. As used in this section: 36
(a) “Covered voter” has the meaning ascribed to it in 37
NRS 293D.030. 38
(b) “Digital signature” has the meaning ascribed to it in 39
NRS 720.060. 40
(c) “Electronic signature” has the meaning ascribed to it in 41
NRS 719.100. 42
(d) “Military-overseas ballot” has the meaning ascribed to it in 43
NRS 293D.050. 44
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Sec. 3. Except as otherwise provided in this title, if the 1
Secretary of State requests any information or data relating to an 2
election from a county clerk or city clerk, the county or city clerk 3
shall, not later than 2 business days after receiving the request, 4
respond to the Secretary of State with the information or data or 5
provide a written explanation that the clerk will not be able to 6
provide the information or data within 2 business days or does not 7
have the information or data. 8
Sec. 4. If an active registered voter moves to another county 9
and registers to vote therein, which may include, without 10
limitation, an application to register to vote which is transmitted to 11
a county clerk from an automatic voter registration agency: 12
1. It shall be deemed that the voter is updating his or her 13
voter registration rather than registering to vote; and 14
2. Except as otherwise provided in NRS 293.5832, the voter 15
must not be required to, on the basis of the update to his or her 16
address, cast a provisional ballot pursuant to NRS 293.3078 to 17
293.3086, inclusive, or a conditional ballot pursuant to NRS 18
293.5772 to 293.5887, inclusive. 19
Sec. 5. NRS 293.093 is hereby amended to read as follows: 20
293.093 “Regular votes” means the votes cast by registered 21
voters, except votes cast by: 22
1. A mail ballot; 23
2. A provisional ballot pursuant to NRS 293.3078 to 293.3086, 24
inclusive; or 25
3. A [provisional] conditional ballot pursuant to NRS 26
293.5772 to 293.5887, inclusive. 27
Sec. 6. NRS 293.1276 is hereby amended to read as follows: 28
293.1276 1. Within [4] 9 days, excluding Saturdays, Sundays 29
and holidays, after the submission of a petition containing signatures 30
which are required to be verified pursuant to NRS 293.128, 295.056, 31
298.109, 306.035 or 306.110, and within [2] 7 days, excluding 32
Saturdays, Sundays and holidays, after the submission of a petition 33
containing signatures which are required to be verified pursuant to 34
NRS 293.172 or 293.200, the county clerk shall determine the total 35
number of signatures affixed to the documents and, in the case of a 36
petition for initiative or referendum proposing a constitutional 37
amendment or statewide measure, shall tally the number of 38
signatures for each petition district contained fully or partially 39
within the county and forward that information to the Secretary of 40
State. 41
2. If the Secretary of State finds that the total number of 42
signatures filed with all the county clerks is less than 100 percent of 43
the required number of registered voters, the Secretary of State shall 44
so notify the person who submitted the petition and the county 45
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clerks and no further action may be taken in regard to the petition. If 1
the petition is a petition to recall a county, district or municipal 2
officer, the Secretary of State shall also notify the officer with 3
whom the petition is to be filed. 4
3. After the petition is submitted to the county clerk, it must 5
not be handled by any other person except by an employee of the 6
county clerk’s office until it is filed with the Secretary of State. 7
4. The Secretary of State may adopt regulations establishing 8
procedures to carry out the provisions of this section. 9
Sec. 7. NRS 293.1277 is hereby amended to read as follows: 10
293.1277 1. If the Secretary of State finds that the total 11
number of signatures submitted to all the county clerks is 100 12
percent or more of the number of registered voters needed to declare 13
the petition sufficient, the Secretary of State shall immediately so 14
notify the county clerks. After the notification, each of the county 15
clerks shall determine the number of registered voters who have 16
signed the documents submitted in the county clerk’s county and, in 17
the case of a petition for initiative or referendum proposing a 18
constitutional amendment or statewide measure, shall tally the 19
number of signatures for each petition district contained or fully 20
contained within the county clerk’s county. This determination must 21
be completed within [9] 14 days, excluding Saturdays, Sundays and 22
holidays, after the notification pursuant to this subsection regarding 23
a petition containing signatures which are required to be verified 24
pursuant to NRS 293.128, 295.056, 298.109 or 306.110, within [20] 25
25 days, excluding Saturdays, Sundays and holidays, after the 26
notification pursuant to this subsection regarding a petition 27
containing signatures which are required to be verified pursuant to 28
NRS 306.035, and within [3] 8 days, excluding Saturdays, Sundays 29
and holidays, after the notification pursuant to this subsection 30
regarding a petition containing signatures which are required to be 31
verified pursuant to NRS 293.172 or 293.200. For the purpose of 32
verification pursuant to this section, the county clerk shall not 33
include in his or her tally of total signatures any signature included 34
in the incorrect petition district. 35
2. Except as otherwise provided in subsections 3 and 4, if more 36
than 500 names have been signed on the documents submitted to a 37
county clerk, the county clerk shall examine the signatures by 38
sampling them at random for verification. The random sample of 39
signatures to be verified must be drawn in such a manner that every 40
signature which has been submitted to the county clerk is given an 41
equal opportunity to be included in the sample. The sample must 42
include an examination of: 43
(a) Except as otherwise provided in paragraph (b), at least 500 44
or 5 percent of the signatures, whichever is greater. 45
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(b) If the petition is for the recall of a public officer who holds a 1
statewide office, at least 25 percent of the signatures. 2
If documents were submitted to the county clerk for more than 3
one petition district wholly contained within that county, a separate 4
random sample must be performed for each petition district. 5
3. If a petition district comprises more than one county and the 6
petition is for an initiative or referendum proposing a constitutional 7
amendment or a statewide measure, and if more than 500 names 8
have been signed on the documents submitted for that petition 9
district, the appropriate county clerks shall examine the signatures 10
by sampling them at random for verification. The random sample of 11
signatures to be verified must be drawn in such a manner that every 12
signature which has been submitted to the county clerks within the 13
petition district is given an equal opportunity to be included in the 14
sample. The sample must include an examination of at least 500 or 5 15
percent of the signatures presented in the petition district, whichever 16
is greater. The Secretary of State shall determine the number of 17
signatures that must be verified by each county clerk within the 18
petition district. 19
4. If a petition is for the recall of a public officer who does not 20
hold a statewide office, each county clerk: 21
(a) Shall not examine the signatures by sampling them at 22
random for verification; 23
(b) Shall examine for verification every signature on the 24
documents submitted to the county clerk; and 25
(c) When determining the total number of valid signatures on 26
the documents, shall remove each name of a registered voter who 27
submitted a request to have his or her name removed from the 28
petition pursuant to NRS 306.015. 29
5. In determining from the records of registration the number 30
of registered voters who signed the documents, the county clerk may 31
use the signatures contained in the file of applications to register to 32
vote. If the county clerk uses that file, the county clerk shall ensure 33
that every application in the file is examined, including any 34
application in his or her possession which may not yet be entered 35
into the county clerk’s records. Except as otherwise provided in 36
subsection 6, the county clerk shall rely only on the appearance of 37
the signature and the address and date included with each signature 38
in making his or her determination. 39
6. If: 40
(a) A person registers to vote using the system established by 41
the Secretary of State pursuant to NRS 293.671; 42
(b) A person registers to vote pursuant to NRS 293D.230 and 43
signs his or her application to register to vote using a digital 44
signature or an electronic signature; or 45
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(c) A person is registered to vote by an automatic voter 1
registration agency, 2
the county clerk may rely on such other indicia as prescribed by 3
the Secretary of State in making his or her determination. 4
7. The county clerk shall allow 2 business days for a person 5
to cure any defect in a signature on the petition. 6
8. In the case of a petition for initiative or referendum 7
proposing a constitutional amendment or statewide measure, when 8
the county clerk is determining the number of registered voters who 9
signed the documents from each petition district contained fully or 10
partially within the county clerk’s county, he or she must use the 11
statewide voter registration list available pursuant to NRS 293.675. 12
[8.] 9. Except as otherwise provided in subsection [10,] 11, 13
upon completing the examination, the county clerk shall 14
immediately attach to the documents a certificate properly dated, 15
showing the result of the examination, including the tally of 16
signatures by petition district, if required, and transmit the 17
documents with the certificate to the Secretary of State. In the case 18
of a petition for initiative or referendum proposing a constitutional 19
amendment or statewide measure, if a petition district comprises 20
more than one county, the appropriate county clerks shall comply 21
with the regulations adopted by the Secretary of State pursuant to 22
this section to complete the certificate. A copy of this certificate 23
must be filed in the clerk’s office. When the county clerk transmits 24
the certificate to the Secretary of State, the county clerk shall notify 25
the Secretary of State of the number of requests to remove a name 26
received by the county clerk pursuant to NRS 295.055 or pursuant 27
to NRS 306.015 for a petition to recall a public officer who holds a 28
statewide office, if applicable. 29
[9.] 10. A person who submits a petition to the county clerk 30
which is required to be verified pursuant to NRS 293.128, 293.172, 31
293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to 32
witness the verification of the signatures. A public officer who is the 33
subject of a recall petition must also be allowed to witness the 34
verification of the signatures on the petition. 35
[10.] 11. For any petition containing signatures which are 36
required to be verified pursuant to the provisions of NRS 293.200, 37
306.035 or 306.110 for any county, district or municipal office 38
within one county, the county clerk shall not transmit to the 39
Secretary of State the documents containing the signatures of the 40
registered voters. 41
[11.] 12. The Secretary of State shall by regulation establish 42
further procedures for carrying out the provisions of this section. 43
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Sec. 8. NRS 293.172 is hereby amended to read as follows: 1
293.172 1. A petition filed pursuant to subsection 2 of NRS 2
293.1715 may consist of more than one document. Each document 3
of the petition must: 4
(a) Bear the name of the minor political party and, if applicable, 5
the candidate and office to which the candidate is to be nominated. 6
(b) Include the affidavit of the person who circulated the 7
document verifying that the signers are registered voters in this State 8
according to his or her best information and belief and that the 9
signatures are genuine and were signed in his or her presence. 10
(c) Bear the name of a county and be submitted to the county 11
clerk of that county for verification in the manner prescribed in NRS 12
293.1276 to 293.1279, inclusive, not later than [10] 25 working days 13
before the last day to file the petition. A challenge to the form of a 14
document must be made in a district court in the county that is 15
named on the document. 16
(d) Be signed only by registered voters of the county that is 17
named on the document. 18
2. If the office to which the candidate is to be nominated is a 19
county office, only the registered voters of that county may sign the 20
petition. If the office to which the candidate is to be nominated is a 21
district office, only the registered voters of that district may sign the 22
petition. 23
3. Each person who signs a petition shall also provide the 24
address of the place where he or she resides, the date that he or she 25
signs and the name of the county in which he or she is registered to 26
vote. 27
4. The county clerk shall not disqualify the signature of a voter 28
who failed to provide all the information required by subsection 3 if 29
the voter is registered in the county named on the document. 30
Sec. 9. NRS 293.1725 is hereby amended to read as follows: 31
293.1725 1. Except as otherwise provided in subsection 4, a 32
minor political party that wishes to place its candidates for partisan 33
office on the ballot for a general election and: 34
(a) Is entitled to do so pursuant to paragraph (a) or (b) of 35
subsection 2 of NRS 293.1715; or 36
(b) Files or will file a petition pursuant to paragraph (c) of 37
subsection 2 of NRS 293.1715, 38
must file with the Secretary of State a list of its candidates for 39
partisan office not earlier than the first Monday in [March] 40
February preceding the election and not later than 5 p.m. on the 41
second Friday after the first Monday in [March.] February. The list 42
must be signed by the person so authorized in the certificate of 43
existence of the minor political party before a notary public or other 44
person authorized to take acknowledgments. The list may be 45
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- *AB534*
amended not later than 5 p.m. on the second Friday after the first 1
Monday in [March.] February. 2
2. The Secretary of State shall immediately forward a certified 3
copy of the list of candidates for partisan office of each minor 4
political party to the filing officer with whom each candidate must 5
file his or her declaration of candidacy. 6
3. Each candidate on the list must file his or her declaration of 7
candidacy with the appropriate filing officer and pay the filing fee 8
required by NRS 293.193 not earlier than the date on which the list 9
of candidates for partisan office of the minor political party is filed 10
with the Secretary of State and not later than 5 p.m. on the second 11
Friday after the first Monday in [March.] February. 12
4. A minor political party that wishes to place candidates for 13
the offices of President and Vice President of the United States on 14
the ballot and has qualified to place the names of its candidates for 15
partisan office on the ballot for the general election pursuant to 16
subsection 2 of NRS 293.1715 must file with the Secretary of State 17
a certificate of nomination for these offices not later than the last 18
Tuesday in August. 19
Sec. 10. NRS 293.177 is hereby amended to read as follows: 20
293.177 1. Except as otherwise provided in NRS 293.165 21
and 293.166, a name may not be printed on a ballot to be used at a 22
primary election unless the person named has filed a declaration of 23
candidacy with the appropriate filing officer and paid the filing fee 24
required by NRS 293.193 not earlier than [: 25
(a) For a candidate for judicial office, the first Monday in 26
January of the year in which the election is to be held and not later 27
than 5 p.m. on the second Friday after the first Monday in January; 28
and 29
(b) For all other candidates,] the first Monday in [March] 30
February of the year in which the election is to be held and not later 31
than 5 p.m. on the second Friday after the first Monday in [March.] 32
February. 33
2. A declaration of candidacy required to be filed pursuant to 34
this chapter must be in substantially the following form: 35
(a) For partisan office: 36
37
DECLARATION OF CANDIDACY OF ........ FOR THE 38
OFFICE OF ................ 39
40
State of Nevada 41
42
County of ................ 43
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For the purpose of having my name placed on the official 1
ballot as a candidate for the ................ Party nomination for 2
the office of ........., I, the undersigned ........, do swear or 3
affirm under penalty of perjury that I actually, as opposed to 4
constructively, reside at .........., in the City or Town of ......., 5
County of .........., State of Nevada; that my actual, as opposed 6
to constructive, residence in the State, district, county, 7
township, city or other area prescribed by law to which the 8
office pertains began on a date at least 30 days immediately 9
preceding the date of the close of filing of declarations of 10
candidacy for this office; that my telephone number is 11
............, and the address at which I receive mail, if different 12
than my residence, is .........; that I am registered as a member 13
of the ................ Party; that I am a qualified elector pursuant 14
to Section 1 of Article 2 of the Constitution of the State of 15
Nevada; that if I have ever been convicted of treason or a 16
felony, my civil rights have been restored; that I have not, in 17
violation of the provisions of NRS 293.176, changed the 18
designation of my political party or political party affiliation 19
on an official application to register to vote in any state since 20
December 31 before the closing filing date for this election; 21
that I generally believe in and intend to support the concepts 22
found in the principles and policies of that political party in 23
the coming election; that if nominated as a candidate of the 24
................ Party at the ensuing election, I will accept that 25
nomination and not withdraw; that I will not knowingly 26
violate any election law or any law defining and prohibiting 27
corrupt and fraudulent practices in campaigns and elections in 28
this State; that I will qualify for the office if elected thereto, 29
including, but not limited to, complying with any limitation 30
prescribed by the Constitution and laws of this State 31
concerning the number of years or terms for which a person 32
may hold the office; that I understand that knowingly and 33
willfully filing a declaration of candidacy which contains a 34
false statement is a crime punishable as a gross misdemeanor 35
and also subjects me to a civil action disqualifying me from 36
entering upon the duties of the office; and that I understand 37
that my name will appear on all ballots as designated in this 38
declaration. 39
40
............................................................. 41
(Designation of name) 42
43
............................................................. 44
(Signature of candidate for office) 45
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Subscribed and sworn to before me 1
this ...... day of the month of ...... of the year ...... 2
3
......................................................... 4
Notary Public or other person 5
authorized to administer an oath 6
7
(b) For nonpartisan office: 8
9
DECLARATION OF CANDIDACY OF ........ FOR THE 10
OFFICE OF ................ 11
12
State of Nevada 13
14
County of ................ 15
16
For the purpose of having my name placed on the official 17
ballot as a candidate for the office of ................, I, the 18
undersigned ................, do swear or affirm under penalty of 19
perjury that I actually, as opposed to constructively, reside at 20
........., in the City or Town of ......., County of ........., State of 21
Nevada; that my actual, as opposed to constructive, residence 22
in the State, district, county, township, city or other area 23
prescribed by law to which the office pertains began on a date 24
at least 30 days immediately preceding the date of the close 25
of filing of declarations of candidacy for this office; that my 26
telephone number is ..........., and the address at which I 27
receive mail, if different than my residence, is ..........; that I 28
am a qualified elector pursuant to Section 1 of Article 2 of the 29
Constitution of the State of Nevada; that if I have ever been 30
convicted of treason or a felony, my civil rights have been 31
restored; that if nominated as a nonpartisan candidate at the 32
ensuing election, I will accept the nomination and not 33
withdraw; that I will not knowingly violate any election law 34
or any law defining and prohibiting corrupt and fraudulent 35
practices in campaigns and elections in this State; that I will 36
qualify for the office if elected thereto, including, but not 37
limited to, complying with any limitation prescribed by the 38
Constitution and laws of this State concerning the number of 39
years or terms for which a person may hold the office; that I 40
understand that knowingly and willfully filing a declaration 41
of candidacy which contains a false statement is a crime 42
punishable as a gross misdemeanor and also subjects me to a 43
civil action disqualifying me from entering upon the duties of 44
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- *AB534*
the office; and that I understand that my name will appear on 1
all ballots as designated in this declaration. 2
3
............................................................. 4
(Designation of name) 5
6
............................................................. 7
(Signature of candidate for office) 8
9
Subscribed and sworn to before me 10
this ...... day of the month of ...... of the year ...... 11
12
......................................................... 13
Notary Public or other person 14
authorized to administer an oath 15
16
3. The address of a candidate which must be included in the 17
declaration of candidacy pursuant to subsection 2 must be the street 18
address of the residence where the candidate actually, as opposed to 19
constructively, resides in accordance with NRS 281.050, if one has 20
been assigned. The declaration of candidacy must not be accepted 21
for filing if the candidate fails to comply with the following 22
provisions of this subsection or, if applicable, the provisions of 23
subsection 4: 24
(a) The candidate shall not list the candidate’s address as a post 25
office box unless a street address has not been assigned to his or her 26
residence; and 27
(b) Except as otherwise provided in subsection 4, the candidate 28
shall present to the filing officer: 29
(1) A valid driver’s license or identification card issued by a 30
governmental agency that contains a photograph of the candidate 31
and the candidate’s residential address; or 32
(2) A current utility bill, bank statement, paycheck, or 33
document issued by a governmental entity, including a check which 34
indicates the candidate’s name and residential address, but not 35
including a voter registration card. 36
4. If the candidate executes an oath or affirmation under 37
penalty of perjury stating that the candidate is unable to present to 38
the filing officer the proof of residency required by subsection 3 39
because a street address has not been assigned to the candidate’s 40
residence or because the rural or remote location of the candidate’s 41
residence makes it impracticable to present the proof of residency 42
required by subsection 3, the candidate shall present to the filing 43
officer: 44
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- *AB534*
(a) A valid driver’s license or identification card issued by a 1
governmental agency that contains a photograph of the candidate; 2
and 3
(b) Alternative proof of the candidate’s residential address that 4
the filing officer determines is sufficient to verify where the 5
candidate actually, as opposed to constructively, resides in 6
accordance with NRS 281.050. The Secretary of State may adopt 7
regulations establishing the forms of alternative proof of the 8
candidate’s residential address that the filing officer may accept to 9
verify where the candidate actually, as opposed to constructively, 10
resides in accordance with NRS 281.050. 11
5. The filing officer shall retain a copy of the proof of identity 12
and residency provided by the candidate pursuant to subsection 3 or 13
4. Such a copy: 14
(a) May not be withheld from the public; and 15
(b) Must not contain the social security number, driver’s license 16
or identification card number or account number of the candidate. 17
6. By filing the declaration of candidacy, the candidate shall be 18
deemed to have appointed the filing officer for the office as his or 19
her agent for service of process for the purposes of a proceeding 20
pursuant to NRS 293.182. Service of such process must first be 21
attempted at the appropriate address as specified by the candidate in 22
the declaration of candidacy. If the candidate cannot be served at 23
that address, service must be made by personally delivering to and 24
leaving with the filing officer duplicate copies of the process. The 25
filing officer shall immediately send, by registered or certified mail, 26
one of the copies to the candidate at the specified address, unless the 27
candidate has designated in writing to the filing officer a different 28
address for that purpose, in which case the filing officer shall mail 29
the copy to the last address so designated. 30
7. If the filing officer receives credible evidence indicating that 31
a candidate has been convicted of a felony and has not had his or her 32
civil rights restored, the filing officer: 33
(a) May conduct an investigation to determine whether the 34
candidate has been convicted of a felony and, if so, whether the 35
candidate has had his or her civil rights restored; and 36
(b) Shall transmit the credible evidence and the findings from 37
such investigation to the Attorney General, if the filing officer is the 38
Secretary of State, or to the district attorney, if the filing officer is a 39
person other than the Secretary of State. 40
8. The receipt of information by the Attorney General or 41
district attorney pursuant to subsection 7 must be treated as a 42
challenge of a candidate pursuant to subsections 4 and 5 of NRS 43
293.182 to which the provisions of NRS 293.2045 apply. 44
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9. Any person who knowingly and willfully files a declaration 1
of candidacy which contains a false statement in violation of this 2
section is guilty of a gross misdemeanor. 3
Sec. 11. NRS 293.200 is hereby amended to read as follows: 4
293.200 1. An independent candidate for partisan office must 5
file with the appropriate filing officer as set forth in NRS 293.185: 6
(a) A copy of the petition of candidacy that he or she intends to 7
subsequently circulate for signatures. The copy must be filed not 8
earlier than the January 2 preceding the date of the election and not 9
later than [10] 25 working days before the last day to file the 10
petition pursuant to subsection 4. The copy of the petition must be 11
filed with the appropriate filing officer before the petition may be 12
circulated for signatures. 13
(b) Either of the following: 14
(1) A petition of candidacy signed by a number of registered 15
voters equal to at least 1 percent of the total number of ballots cast 16
in: 17
(I) This State for that office at the last preceding general 18
election in which a person was elected to that office, if the office is a 19
statewide office; 20
(II) The county for that office at the last preceding general 21
election in which a person was elected to that office, if the office is a 22
county office; or 23
(III) The district for that office at the last preceding 24
general election in which a person was elected to that office, if the 25
office is a district office. 26
(2) A petition of candidacy signed by 250 registered voters if 27
the candidate is a candidate for statewide office, or signed by 100 28
registered voters if the candidate is a candidate for any office other 29
than a statewide office. 30
2. The petition may consist of more than one document. Each 31
document must bear the name of the county in which it was 32
circulated, and only registered voters of that county may sign the 33
document. If the office is not a statewide office, only the registered 34
voters of the county, district or municipality in question may sign 35
the document. The documents that are circulated for signature in a 36
county must be submitted to that county clerk for verification in the 37
manner prescribed in NRS 293.1276 to 293.1279, inclusive, not 38
later than [10] 25 working days before the last day to file the 39
petition pursuant to subsection 4. Each person who signs the petition 40
shall add to his or her signature the address of the place at which the 41
person actually resides, the date that he or she signs the petition and 42
the name of the county where he or she is registered to vote. The 43
person who circulates each document of the petition shall sign an 44
affidavit attesting that the signatures on the document are genuine to 45
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- *AB534*
the best of his or her knowledge and belief and were signed in his or 1
her presence by persons registered to vote in that county. 2
3. The petition of candidacy may state the principle, if any, 3
which the person qualified represents. 4
4. Petitions of candidacy must be filed not earlier than the first 5
Monday in [March] February preceding the general election and not 6
later than 5 p.m. on the third Friday in June. 7
5. No petition of candidacy may contain the name of more than 8
one candidate for each office to be filled. 9
6. A person may not file as an independent candidate if he or 10
she is proposing to run as the candidate of a political party. 11
7. The names of independent candidates must be placed on the 12
general election ballot and must not appear on the primary election 13
ballot. 14
8. If the sufficiency of the petition of the candidacy of any 15
person seeking to qualify pursuant to this section is challenged, all 16
affidavits and documents in support of the challenge must be filed 17
not later than 5 p.m. on the fourth Friday in June. Any judicial 18
proceeding resulting from the challenge must be set for hearing not 19
more than 5 days after the fourth Friday in June. 20
9. Any challenge pursuant to subsection 8 must be filed with: 21
(a) The First Judicial District Court if the petition of candidacy 22
was filed with the Secretary of State. 23
(b) The district court for the county where the petition of 24
candidacy was filed if the petition was filed with a county clerk. 25
10. The district court in which the challenge is filed shall give 26
priority to such proceedings over all other matters pending with the 27
court, except for criminal proceedings. 28
11. An independent candidate for partisan office must file a 29
declaration of candidacy with the appropriate filing officer and pay 30
the filing fee required by NRS 293.193 not earlier than the first 31
Monday in [March] February of the year in which the election is 32
held and not later than 5 p.m. on the second Friday after the first 33
Monday in [March.] February. 34
Sec. 12. NRS 293.203 is hereby amended to read as follows: 35
293.203 Immediately upon receipt by the county clerk of the 36
certified list of candidates for judicial and nonjudicial office from 37
the Secretary of State pursuant to NRS 293.187, the county clerk 38
shall publish a notice of primary election or general election once a 39
week for 2 successive weeks in such a manner as the county clerk 40
deems proper which may include, without limitation, publication 41
in a newspaper of general circulation in the county [once a week for 42
2 successive weeks. If no such newspaper is published in the county, 43
the publication may be made in a newspaper of general circulation 44
published in] or the nearest Nevada county [.] , on the Internet 45
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- *AB534*
website of the county clerk or on the social media account of the 1
county clerk. The notice must contain: 2
1. The date of the election. 3
2. The location of the polling places. 4
3. The hours during which the polling places will be open for 5
voting. 6
The notice required for a general election pursuant to this section 7
may be published in conjunction with the notice required for a 8
proposed constitution or constitutional amendment pursuant to NRS 9
293.253. If the notices are combined in this manner, they must be 10
published three times in accordance with subsection 3 of 11
NRS 293.253. 12
Sec. 13. NRS 293.207 is hereby amended to read as follows: 13
293.207 1. Election precincts must be established on the 14
basis of the number of registered voters therein, with a maximum of 15
5,000 registered voters who are not designated inactive pursuant to 16
NRS 293.530 per precinct in those precincts in which a mechanical 17
voting system is used [.] for casting ballots. 18
2. Except as otherwise provided in subsections 3 and 4, the 19
county clerk may consolidate two or more contiguous election 20
precincts into a single voting district to conduct a particular election 21
as public convenience, necessity and economy may require. 22
3. If a county clerk proposes to consolidate two or more 23
contiguous election precincts, in whole or in part, pursuant to 24
subsection 2, the county clerk shall, at least 14 days before 25
consolidating the precincts, cause notice of the proposed 26
consolidation to be: 27
(a) Posted in the manner prescribed for a regular meeting of the 28
board of county commissioners; and 29
(b) Mailed to each Assemblyman, Assemblywoman, State 30
Senator, county commissioner and, if applicable, member of the 31
governing body of a city who represents residents of a precinct 32
affected by the consolidation. 33
4. A person may file a written objection to the proposed 34
consolidation with the county clerk. The county clerk shall consider 35
each written objection filed pursuant to this subsection before 36
consolidating the precincts. 37
Sec. 14. NRS 293.247 is hereby amended to read as follows: 38
293.247 1. The Secretary of State shall adopt regulations, not 39
inconsistent with the election laws of this State, for the conduct of 40
primary, presidential preference primary, general, special and 41
district elections in all cities and counties. Permanent regulations of 42
the Secretary of State that regulate the conduct of a primary, 43
general, special or district election and are effective on or before the 44
last business day of February immediately preceding a primary, 45
– 21 –
- *AB534*
general, special or district election govern the conduct of that 1
election. Permanent regulations of the Secretary of State that 2
regulate the conduct of a presidential preference primary election 3
and are effective on or before the last business day of September 4
immediately preceding a presidential preference primary election 5
govern the conduct of that election. 6
2. The Secretary of State shall prescribe the forms for a 7
declaration of candidacy and any petition which is filed pursuant to 8
the election laws of this State. 9
3. The regulations must prescribe: 10
(a) The manner of printing ballots and the number of ballots to 11
be distributed to precincts and districts; 12
(b) The form and placement of instructions to voters; 13
(c) The disposition of election returns; 14
(d) The procedures to be used for canvasses, ties, recounts and 15
contests, including, without limitation, the appropriate use of a 16
paper record created when a voter casts a ballot on a mechanical 17
voting system that directly records the votes electronically; 18
(e) The procedures to be used to ensure the security of the 19
ballots from the time they are transferred from the polling place 20
until they are stored pursuant to the provisions of NRS 293.391 or 21
293C.390; 22
(f) The procedures to be used to ensure the security and 23
accuracy of computer programs and tapes used for elections; 24
(g) The procedures to be used for the testing, use and auditing of 25
a mechanical voting system which directly records the votes 26
electronically and which creates a paper record when a voter casts a 27
ballot on the system; 28
(h) The acceptable standards for the sending and receiving of 29
applications, forms and ballots, by approved electronic transmission, 30
by the county clerks and the electors, registered voters or other 31
persons who are authorized to use approved electronic transmission 32
pursuant to the provisions of this title; 33
(i) The forms for applications to preregister and register to vote 34
and any other forms necessary for the administration of this title; 35
and 36
(j) Such other matters as determined necessary by the Secretary 37
of State. 38
4. The Secretary of State may adopt regulations which 39
provide standards for any reports required to be filed by a county 40
or city clerk pursuant to this title. 41
5. The Secretary of State may provide interpretations and take 42
other actions necessary for the effective administration of the 43
statutes and regulations governing the conduct of primary, 44
– 22 –
- *AB534*
presidential preference primary, general, special and district 1
elections in this State. 2
[5.] 6. The Secretary of State shall prepare and distribute to 3
each county and city clerk copies of: 4
(a) Laws and regulations concerning elections in this State; 5
(b) Interpretations issued by the Secretary of State’s Office; and 6
(c) Any Attorney General’s opinions or any state or federal 7
court decisions which affect state election laws or regulations 8
whenever any of those opinions or decisions become known to the 9
Secretary of State. 10
Sec. 15. NRS 293.250 is hereby amended to read as follows: 11
293.250 1. Except as otherwise provided in chapter 293D of 12
NRS, the Secretary of State shall, in a manner consistent with the 13
election laws of this State, prescribe: 14
(a) The form of all ballots, mail ballots, diagrams, sample 15
ballots, certificates, notices, declarations, applications to preregister 16
and register to vote, lists, applications, registers, rosters, statements 17
and abstracts required by the election laws of this State. 18
(b) The procedures to be followed and the requirements of: 19
(1) The system established by the Secretary of State pursuant 20
to NRS 293.671 for using a computer to register voters. 21
(2) The use of the system of approved electronic 22
transmission established pursuant to NRS 293D.200 by electors and 23
voters with disabilities pursuant to NRS 293.269951. 24
(3) The use of the system of approved electronic 25
transmission established pursuant to NRS 293D.200 by electors 26
and voters who are detained in a county or city jail pursuant to 27
section 2 of this act. 28
2. Except as otherwise provided in chapter 293D of NRS, the 29
Secretary of State shall prescribe with respect to the matter to be 30
printed on every kind of ballot: 31
(a) The placement and listing of all offices, candidates and 32
measures upon which voting is statewide, which must be uniform 33
throughout the State. 34
(b) The listing of all other candidates required to file with the 35
Secretary of State, and the order of listing all offices, candidates and 36
measures upon which voting is not statewide, from which each 37
county or city clerk shall prepare appropriate ballot forms for use in 38
any election in his or her county. 39
3. The Secretary of State shall place the condensation of each 40
proposed constitutional amendment or statewide measure near the 41
spaces or devices for indicating the voter’s choice. 42
4. The fiscal note for, explanation of, arguments for and 43
against, and rebuttals to such arguments of each proposed 44
– 23 –
- *AB534*
constitutional amendment or statewide measure must be included on 1
all sample ballots. 2
5. The condensations and explanations for constitutional 3
amendments and statewide measures proposed by initiative or 4
referendum must be prepared by the Secretary of State, upon 5
consultation with the Attorney General. The arguments and rebuttals 6
for or against constitutional amendments and statewide measures 7
proposed by initiative or referendum must be prepared in the 8
manner set forth in NRS 293.252. The fiscal notes for constitutional 9
amendments and statewide measures proposed by initiative or 10
referendum must be prepared by the Secretary of State, upon 11
consultation with the Fiscal Analysis Division of the Legislative 12
Counsel Bureau. The condensations, explanations, arguments, 13
rebuttals and fiscal notes must be in easily understood language and 14
of reasonable length, and whenever feasible must be completed by 15
August 1 of the year in which the general election is to be held. The 16
explanations must include a digest. The digest must include a 17
concise and clear summary of any existing laws directly related to 18
the constitutional amendment or statewide measure and a summary 19
of how the constitutional amendment or statewide measure adds to, 20
changes or repeals such existing laws. For a constitutional 21
amendment or statewide measure that creates, generates, increases 22
or decreases any public revenue in any form, the first paragraph of 23
the digest must include a statement that the constitutional 24
amendment or statewide measure creates, generates, increases or 25
decreases, as applicable, public revenue. 26
6. The names of candidates for township and legislative or 27
special district offices must be printed only on the ballots furnished 28
to voters of that township or district. 29
7. A county clerk: 30
(a) May divide paper ballots into two sheets in a manner which 31
provides a clear understanding and grouping of all measures and 32
candidates. 33
(b) Shall prescribe the color or colors of the ballots and voting 34
receipts used in any election which the clerk is required to conduct. 35
Sec. 16. NRS 293.2504 is hereby amended to read as follows: 36
293.2504 1. The Secretary of State shall develop and provide 37
a training course to each county clerk and city clerk related to 38
elections procedures, including, without limitation, the procedures 39
set forth in the elections procedures manual required pursuant to 40
NRS 293.2502. 41
2. Each county clerk and city clerk shall attend the training 42
course provided by the Secretary of State. 43
3. A county clerk or city clerk may require any deputy or 44
employee of the office of the county or city clerk whose duties 45
– 24 –
- *AB534*
relate to elections to attend a training course provided by the 1
Secretary of State pursuant to this section. 2
4. The Secretary of State may require any deputy or employee 3
of the Office of the Secretary of State whose duties relate to 4
elections to attend the training course provided by the Secretary of 5
State pursuant to this section. 6
5. The Secretary of State: 7
(a) Shall provide to or reimburse the county or city, as 8
applicable, for the cost of the per diem allowance and travel 9
expenses of the county clerk or city clerk for attending the training 10
course required pursuant to this section. Any reimbursement must 11
be paid from the Reserve for Statutory Contingency Account upon 12
recommendation by the Secretary of State and approval by the State 13
Board of Examiners. 14
(b) May provide to or reimburse the county or city, as 15
applicable, for the cost of the per diem allowance and travel 16
expenses of any deputy or employee of the office of the county or 17
city clerk for attending the training course required pursuant to this 18
section. Any reimbursement must be paid from the Reserve for 19
Statutory Contingency Account upon recommendation by the 20
Secretary of State and approval by the State Board of Examiners. 21
Sec. 17. NRS 293.253 is hereby amended to read as follows: 22
293.253 1. The Secretary of State shall provide each county 23
clerk with copies of any proposed constitution or constitutional 24
amendment which will appear on the general election ballot, 25
together with the copies of the condensations, explanations, 26
arguments, rebuttals and fiscal notes prepared pursuant to NRS 27
218D.810, 293.250 and 293.252. 28
2. Whenever feasible, the Secretary of State shall provide those 29
copies on or before the first Monday in August of the year in which 30
the proposals will appear on the ballot. Copies of any additional 31
proposals must be provided as soon after their filing as feasible. 32
3. Each county clerk shall cause a copy of the full text of any 33
such constitution or amendment and its condensation, explanation, 34
arguments, rebuttals and fiscal note to be published, in conspicuous 35
display advertising format of not less than 10 column inches, in a 36
newspaper of general circulation in the county three times at 37
intervals of not less than 7 days, the first publication to be on or 38
before the first Monday in October. If no such newspaper is 39
published in the county, the publication may be made in a 40
newspaper of general circulation published in the nearest Nevada 41
county [.] and in addition to any publication made in a newspaper 42
pursuant to this subsection, a county clerk may publish a copy of 43
the full text of any such constitution or amendment and its 44
condensation, explanation, arguments, rebuttals and fiscal note in 45
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- *AB534*
such a manner as the county clerk deems proper which may 1
include, without limitation, publication on the Internet website of 2
the county clerk or on the social media account of the county 3
clerk. 4
4. If a copy of any such constitution or amendment is furnished 5
by the Secretary of State too late to be published at 7-day intervals, 6
it must be published three times at the longest intervals feasible in 7
each county. 8
5. The portion of the cost of publication which is attributable to 9
publishing the questions, explanations, arguments, rebuttals and 10
fiscal notes of proposed constitutions or constitutional amendments 11
is a charge against the State and must be paid from the Reserve for 12
Statutory Contingency Account upon recommendation by the 13
Secretary of State and approval by the State Board of Examiners. 14
Sec. 18. NRS 293.269911 is hereby amended to read as 15
follows: 16
293.269911 1. Except as otherwise provided in this section, 17
the county clerk shall prepare and distribute to each active registered 18
voter in the county and each person who registers to vote or updates 19
his or her voter registration information not later than the [14] 18 20
days before the election a mail ballot for every election. The county 21
clerk shall make reasonable accommodations for the use of the mail 22
ballot by a person who is elderly or disabled, including, without 23
limitation, by providing, upon request, the mail ballot in 12-point 24
type to a person who is elderly or disabled. 25
2. The county clerk shall allow a voter to elect not to receive a 26
mail ballot pursuant to this section by submitting to the county clerk 27
a written notice in the form prescribed by the county clerk which 28
must be received by the county clerk not later than 60 days before 29
the day of the election. If a voter elects not to receive a mail ballot 30
pursuant to this subsection, he or she may later elect to receive a 31
mail ballot for the election if he or she, not later than 14 days 32
before the election, submits to the county clerk a written notice in 33
the form prescribed by the county clerk. 34
3. The county clerk shall not distribute a mail ballot to any 35
person who: 36
(a) Registers to vote for the election pursuant to the provisions 37
of NRS 293.5772 to 293.5887, inclusive; or 38
(b) Elects not to receive a mail ballot pursuant to subsection 2. 39
4. The mail ballot must include all offices, candidates and 40
measures upon which the voter is entitled to vote at the election. 41
5. Except as otherwise provided in subsections 2 and 3, the 42
mail ballot must be distributed to: 43
(a) Each active registered voter who: 44
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- *AB534*
(1) Resides within the State, not later than 20 days before the 1
election; and 2
(2) Except as otherwise provided in paragraph (c), resides 3
outside the State, not later than 40 days before the election. 4
(b) Each active registered voter who registers to vote after the 5
dates set for distributing mail ballots pursuant to paragraph (a) but 6
who is eligible to receive a mail ballot pursuant to subsection 1, not 7
later than 13 days before the election. 8
(c) Each covered voter who is entitled to have a military-9
overseas ballot transmitted pursuant to the provisions of chapter 10
293D of NRS or the Uniformed and Overseas Citizens Absentee 11
Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time 12
required by those provisions. 13
6. In the case of a special election where no candidate for 14
federal office will appear on the ballot, the mail ballot must be 15
distributed to each active registered voter not later than 15 days 16
before the special election. 17
7. Any untimely legal action which would prevent the mail 18
ballot from being distributed to any voter pursuant to this section is 19
moot and of no effect. 20
Sec. 19. NRS 293.269925 is hereby amended to read as 21
follows: 22
293.269925 1. The [county clerk] Secretary of State shall 23
establish procedures for the processing and counting of mail ballots. 24
2. The procedures established pursuant to subsection 1: 25
(a) May authorize mail ballots to be processed, verified and 26
counted by computer or other electronic means; and 27
(b) Must not conflict with the provisions of NRS 293.269911 to 28
293.269937, inclusive. 29
Sec. 20. NRS 293.269931 is hereby amended to read as 30
follows: 31
293.269931 1. The mail ballot central counting board [may] 32
shall begin counting the received mail ballots 15 days before the 33
day of the election [.] and must process each mail ballot pursuant 34
to NRS 293.269933 on the day that the mail ballot is received. The 35
board must complete the count of all mail ballots on or before the 36
seventh day following the election. The counting procedure must be 37
public. 38
2. If two or more mail ballots are found folded together to 39
present the appearance of a single ballot, the mail ballots must be 40
rejected and placed in an envelope, upon which must be written the 41
reason for their rejection. The envelope must be signed by an 42
election board officer and placed in the container or ballot box after 43
the count is completed. 44
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Sec. 21. NRS 293.269975 is hereby amended to read as 1
follows: 2
293.269975 Not later than 30 days after each primary election, 3
presidential preference primary election, primary city election, 4
general election and general city election, each person who 5
administers a county jail or city jail shall submit in a report to the 6
Secretary of State: 7
1. An explanation of the process the jail used to comply with 8
the requirements of NRS 293.269971 and 293.269973 and section 2 9
of this act for the election; and 10
2. A summary of each complaint received by the jail from a 11
person detained in the jail relating to registering to vote or voting in 12
the election. 13
Sec. 22. NRS 293.275 is hereby amended to read as follows: 14
293.275 1. Except as otherwise provided in subsection 2, an 15
election board may not perform its duty in serving registered voters 16
at any polling place in any election provided for in this title, unless 17
it has before it: 18
(a) The roster designated for registered voters who apply to vote 19
at the polling place; and 20
(b) The roster designated for electors who apply to register to 21
vote or apply to vote at the polling place pursuant to NRS 293.5772 22
to 293.5887, inclusive. 23
2. For a polling place established pursuant to NRS 293.3072, 24
an election board may perform its duty in serving registered voters 25
at the polling place in an election if the election board has before it 26
the roster for the county. 27
3. If a county clerk uses an electronic roster, not earlier than [2] 28
6 weeks before and not later than 5 p.m. on the day before the first 29
day of the period for early voting by personal appearance, the 30
county clerk shall complete a test of the electronic roster to ensure 31
its functionality in accordance with regulations adopted by the 32
Secretary of State. 33
Sec. 23. NRS 293.3025 is hereby amended to read as follows: 34
293.3025 The Secretary of State and each county and city clerk 35
shall ensure that a copy of each of the following is posted in a 36
conspicuous place at each polling place on election day: 37
1. A sample ballot; 38
2. Information concerning the date and hours of operation of 39
the polling place; 40
3. Instructions for voting and casting a ballot, including a 41
provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive, 42
or a [provisional] conditional ballot pursuant to NRS 293.5772 to 43
293.5887, inclusive; 44
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- *AB534*
4. Instructions concerning the identification required for 1
persons who registered by mail or computer and are first-time voters 2
for federal office in this State; 3
5. Information concerning the accessibility of polling places to 4
persons with disabilities; 5
6. General information concerning federal and state laws which 6
prohibit acts of fraud and misrepresentation; and 7
7. Information concerning the eligibility of a candidate, a ballot 8
question or any other matter appearing on the ballot as a result of a 9
judicial determination or by operation of law, if any. 10
Sec. 24. NRS 293.303 is hereby amended to read as follows: 11
293.303 1. A person applying to vote may be challenged: 12
(a) Orally by any registered voter of the precinct upon the 13
ground that he or she is not the person entitled to vote as claimed or 14
has voted before at the same election. A registered voter who 15
initiates a challenge pursuant to this paragraph must submit an 16
affirmation that is signed under penalty of perjury and in the form 17
prescribed by the Secretary of State stating that the challenge is 18
based on the personal knowledge of the registered voter. 19
(b) On any ground set forth in a challenge filed with the county 20
clerk pursuant to the provisions of NRS 293.547. 21
2. If a person is challenged, an election board officer shall 22
tender the challenged person the following oath or affirmation: 23
(a) If the challenge is on the ground that the challenged person 24
does not belong to the political party designated upon the roster, “I 25
swear or affirm under penalty of perjury that I belong to the political 26
party designated upon the roster”; 27
(b) If the challenge is on the ground that the roster does not 28
show that the challenged person designated the political party to 29
which he or she claims to belong, “I swear or affirm under penalty 30
of perjury that I designated on the application to register to vote the 31
political party to which I claim to belong”; 32
(c) If the challenge is on the ground that the challenged person 33
does not reside at the residence for which the address is listed in the 34
roster, “I swear or affirm under penalty of perjury that I reside at the 35
residence for which the address is listed in the roster”; 36
(d) If the challenge is on the ground that the challenged person 37
previously voted a ballot for the election, “I swear or affirm under 38
penalty of perjury that I have not voted for any of the candidates or 39
questions included on this ballot for this election”; or 40
(e) If the challenge is on the ground that the challenged person is 41
not the person he or she claims to be, “I swear or affirm under 42
penalty of perjury that I am the person whose name is in this roster.” 43
– 29 –
- *AB534*
The oath or affirmation must be set forth on a form prepared by 1
the Secretary of State and signed by the challenged person under 2
penalty of perjury. 3
3. Except as otherwise provided in subsection 4, if the 4
challenged person refuses to execute the oath or affirmation so 5
tendered, the person must not be issued a ballot, and the election 6
board officer shall indicate in the roster “Challenged” by the 7
person’s name. 8
4. If the challenged person refuses to execute the oath or 9
affirmation set forth in paragraph (a) or (b) of subsection 2, the 10
election board officers shall issue the person a nonpartisan ballot. 11
5. If the challenged person refuses to execute the oath or 12
affirmation set forth in paragraph (c) of subsection 2, the election 13
board officers shall inform the person that he or she is entitled to 14
vote only in the manner prescribed in NRS 293.304. 15
6. If the challenged person executes the oath or affirmation and 16
the challenge is not based on the ground set forth in paragraph (e) of 17
subsection 2, the election board officers shall issue the person a 18
partisan ballot. 19
7. If the challenge is based on the ground set forth in paragraph 20
(c) of subsection 2, and the challenged person executes the oath or 21
affirmation, the election board shall not issue the person a ballot 22
until he or she furnishes satisfactory identification which contains 23
proof of the address at which the person actually resides. For the 24
purposes of this subsection, a voter registration card does not 25
provide proof of the address at which a person resides. 26
8. If the challenge is based on the ground set forth in paragraph 27
(e) of subsection 2 and the challenged person executes the oath or 28
affirmation, the election board shall not issue the person a ballot 29
unless the person: 30
(a) Furnishes official identification which contains a photograph 31
of the person, such as a driver’s license or other official document; 32
or 33
(b) Brings before the election board officers a person who is at 34
least 18 years of age who: 35
(1) Furnishes official identification which contains a 36
photograph of that person, such as a driver’s license or other official 37
document; and 38
(2) Executes an oath or affirmation under penalty of perjury 39
that the challenged person is who he or she swears to be. 40
9. The election board officers shall: 41
(a) Record on the challenge list: 42
(1) The name of the challenged person; 43
(2) The name of the registered voter who initiated the 44
challenge; and 45
– 30 –
- *AB534*
(3) The result of the challenge; and 1
(b) If possible, orally notify the registered voter who initiated 2
the challenge of the result of the challenge. 3
10. For the purposes of this section, “personal knowledge” 4
means firsthand knowledge through experience or observation of 5
the facts upon each ground that the challenge is based. The term 6
does not include knowledge obtained from a third party, including, 7
without limitation, information obtained from the review of data in 8
a database or other compilation of information. 9
Sec. 25. NRS 293.3073 is hereby amended to read as follows: 10
293.3073 1. Except as otherwise provided in subsection 2, if 11
a county clerk establishes one or more polling places pursuant to 12
NRS 293.3072, the county clerk must: 13
(a) Publish during the week before the election [in a newspaper 14
of general circulation] a notice of the location of each such polling 15
place. The county clerk may make this publication in such a 16
manner as the county clerk deems proper which may include, 17
without limitation, publication in a newspaper of general 18
circulation, on the Internet website of the county clerk or on the 19
social media account of the county clerk. 20
(b) Post a list of the location of each such polling place on any 21
bulletin board used for posting notice of meetings of the board of 22
county commissioners. The list must be posted continuously for a 23
period beginning not later than the fifth business day before the 24
election and ending at 7 p.m. on the day of the election. The county 25
clerk shall make copies of the list available to the public during the 26
period of posting in reasonable quantities without charge. 27
2. The provisions of subsection 1 do not apply if every polling 28
place in the county is a polling place where any person entitled to 29
vote in the county by personal appearance may do so on the day of 30
the primary election or general election. 31
3. No additional polling place may be established pursuant to 32
NRS 293.3072 after the publication pursuant to this section, except 33
in the case of an emergency and if approved by the Secretary of 34
State. 35
Sec. 26. NRS 293.3078 is hereby amended to read as follows: 36
293.3078 As used in NRS 293.3078 to 293.3086, inclusive, 37
unless the context otherwise requires: 38
1. “Provisional ballot” means a provisional ballot cast by a 39
person pursuant to NRS 293.3078 to 293.3086, inclusive. 40
2. The term does not include a [provisional] conditional ballot 41
cast by a person pursuant to NRS 293.5772 to 293.5887, inclusive. 42
Sec. 27. NRS 293.3576 is hereby amended to read as follows: 43
293.3576 1. The county clerk shall publish during the week 44
before the period for early voting and at least once each week during 45
– 31 –
- *AB534*
the period for early voting [in a newspaper of general circulation] a 1
schedule stating [: 2
(a) The] the location of each permanent and temporary polling 3
place for early voting [. 4
(b) The] and the dates and hours that early voting will be 5
conducted at each location. The county clerk may make this 6
publication in such a manner as the county clerk deems proper 7
which may include, without limitation, publication in a newspaper 8
of general circulation, on the Internet website of the county clerk 9
or on the social media account of the county clerk. 10
2. The county clerk shall post a copy of the schedule on the 11
bulletin board used for posting notice of meetings of the board of 12
county commissioners. The schedule must be posted continuously 13
for a period beginning not later than the fifth day before the first day 14
of the period for early voting by personal appearance and ending on 15
the last day of that period. 16
3. The county clerk shall make copies of the schedule available 17
to the public in reasonable quantities without charge during the 18
period of posting. 19
4. No additional polling places for early voting may be 20
established after the schedule is published pursuant to this section. 21
5. The hours that early voting will be conducted at each polling 22
place for early voting may be extended at the discretion of the 23
county clerk after the schedule is published pursuant to this section. 24
Sec. 28. NRS 293.391 is hereby amended to read as follows: 25
293.391 1. The voted ballots, rejected ballots, spoiled ballots, 26
challenge lists, records printed on paper of voted ballots collected 27
pursuant to NRS 293B.400, reports prepared pursuant to NRS 28
293.269937 and stubs of the ballots used, enclosed and sealed, must, 29
after canvass of the votes by the board of county commissioners, be 30
deposited in the vaults of the county clerk. The records of voted 31
ballots that are maintained in electronic form must, after canvass of 32
the votes by the board of county commissioners, be sealed and 33
deposited in the vaults of the county clerk. The tally lists collected 34
pursuant to this title must, after canvass of the votes by the board of 35
county commissioners, be deposited in the vaults of the county clerk 36
without being sealed. All materials described by this subsection 37
must be preserved for at least 22 months, and all such sealed 38
materials must be destroyed immediately after the preservation 39
period. A notice of the destruction must , not less than 2 weeks 40
before the destruction, be published by the clerk in such a manner 41
as the county clerk deems proper which may include, without 42
limitation, publication in at least one newspaper of general 43
circulation in the county [not less than 2 weeks before] , on the 44
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- *AB534*
Internet website of the county clerk or on the social media account 1
of the [destruction.] county clerk. 2
2. Unused ballots, enclosed and sealed, must, after canvass of 3
the votes by the board of county commissioners, be deposited in the 4
vaults of the county clerk and preserved for at least the period 5
during which the election may be contested and adjudicated, after 6
which the unused ballots may be destroyed. 7
3. The rosters containing the signatures of those persons who 8
voted in the election and the tally lists deposited with the board of 9
county commissioners are subject to the inspection of any elector 10
who may wish to examine them at any time after their deposit with 11
the county clerk. 12
4. A contestant of an election may inspect all of the material 13
regarding that election which is preserved pursuant to subsection 1 14
or 2, except the voted ballots and records printed on paper of voted 15
ballots collected pursuant to NRS 293B.400 which are deposited 16
with the county clerk. 17
5. The voted ballots and records printed on paper of voted 18
ballots collected pursuant to NRS 293B.400 which are deposited 19
with the county clerk are not subject to the inspection of anyone, 20
except in cases of a contested election, and then only by the judge, 21
body or board before whom the election is being contested, or by the 22
parties to the contest, jointly, pursuant to an order of such judge, 23
body or board. 24
Sec. 29. NRS 293.394 is hereby amended to read as follows: 25
293.394 1. The Secretary of State shall adopt regulations for 26
conducting [a risk-limiting] an election accuracy audit of an 27
election, which may include, without limitation: 28
(a) Procedures to conduct [a risk-limiting] an election accuracy 29
audit; 30
(b) Criteria for which elections must be audited; and 31
(c) Criteria to determine the scope of the [risk-limiting] election 32
accuracy audit. 33
2. In accordance with the regulations adopted by the Secretary 34
of State pursuant to this section, each county clerk shall conduct [a 35
risk-limiting] an election accuracy audit of the results of an 36
election. 37
3. As used in this section, [“risk-limiting] “election accuracy 38
audit” means an audit protocol that: 39
(a) Makes use of statistical principles and methods; and 40
(b) Is designed to limit the risk of certifying an incorrect 41
election outcome. 42
Sec. 30. NRS 293.403 is hereby amended to read as follows: 43
293.403 1. Except as otherwise provided in NRS 293.424, a 44
candidate defeated at any election may demand and receive a 45
– 33 –
- *AB534*
recount of the vote for the office for which he or she is a candidate 1
to determine the number of votes received for the candidate and the 2
number of votes received for the person who won the election if, 3
within 3 working days after the canvass of the vote and the 4
certification by the county clerk or city clerk of the abstract of votes, 5
the candidate who demands the recount: 6
(a) Files in writing a demand with the officer with whom the 7
candidate filed his or her declaration of candidacy; and 8
(b) Deposits in advance the estimated costs of the recount with 9
that officer. 10
2. Any voter at an election may demand and receive a recount 11
of the vote for a ballot question if, within 3 working days after the 12
canvass of the vote and the certification by the county clerk or city 13
clerk of the abstract of votes, the voter: 14
(a) Files in writing a demand with: 15
(1) The Secretary of State, if the demand is for a recount of a 16
ballot question affecting more than one county; or 17
(2) The county or city clerk who will conduct the recount, if 18
the demand is for a recount of a ballot question affecting only one 19
county or city; and 20
(b) Deposits in advance the estimated costs of the recount with 21
the person to whom the demand was made. 22
3. The estimated costs of the recount must be determined by 23
the person with whom the advance is deposited based on regulations 24
adopted by the Secretary of State defining the term “costs.” 25
4. As used in this section, “canvass” means: 26
(a) In any primary election, the canvass by the board of county 27
commissioners of the returns for a candidate or ballot question voted 28
for in one county or the canvass by the board of county 29
commissioners last completing its canvass of the returns for a 30
candidate or ballot question voted for in more than one county. 31
(b) In any primary city election, the canvass by the city council 32
of the returns for a candidate or ballot question voted for in the city. 33
(c) In any general election: 34
(1) The canvass by the Supreme Court of the returns for a 35
candidate for United States Senator, Representative in Congress or 36
a statewide office or a statewide ballot question; or 37
(2) The canvass of the board of county commissioners of the 38
returns for any other candidate or ballot question, as provided in 39
paragraph (a). 40
(d) In any general city election, the canvass by the city council 41
of the returns for a candidate or ballot question voted for in the city. 42
Sec. 31. NRS 293.464 is hereby amended to read as follows: 43
293.464 1. If a court of competent jurisdiction orders a 44
county to extend the deadline for voting beyond the statutory 45
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- *AB534*
deadline in a particular election, the county clerk shall, as soon as 1
practicable after receiving notice of the court’s decision: 2
(a) Cause notice of the extended deadline to be published in 3
such a manner as the county clerk deems proper which may 4
include, without limitation, publication in a newspaper of general 5
circulation in the county [;] , on the Internet website of the county 6
clerk or on the social media account of the county clerk; and 7
(b) Transmit a notice of the extended deadline to each registered 8
voter who received a mail ballot for the election and has not 9
returned the mail ballot before the date on which the notice will be 10
transmitted. 11
2. The notice required pursuant to paragraph (a) of subsection 1 12
must be published: 13
(a) In a county whose population is 52,000 or more, on at least 3 14
successive days. 15
(b) In a county whose population is less than 52,000, at least 16
twice in successive issues of the newspaper [.] or, if the notice is 17
not published in a newspaper, on at least 2 successive days. 18
Sec. 32. NRS 293.4695 is hereby amended to read as follows: 19
293.4695 1. Each county clerk shall collect the following 20
information regarding each primary election, presidential preference 21
primary election and general election, on a form provided by the 22
Secretary of State and made available at each polling place in the 23
county, each polling place for early voting in the county, the office 24
of the county clerk and any other location deemed appropriate by 25
the Secretary of State: 26
(a) The number of ballots that have been discarded or for any 27
reason not included in the final canvass of votes, along with an 28
explanation for the exclusion of each such ballot from the final 29
canvass of votes. 30
(b) A report on each malfunction of any mechanical voting 31
system, including, without limitation: 32
(1) Any known reason for the malfunction; 33
(2) The length of time during which the mechanical voting 34
system could not be used; 35
(3) Any remedy for the malfunction which was used at the 36
time of the malfunction; and 37
(4) Any effect the malfunction had on the election process. 38
(c) A list of each polling place not open during the time 39
prescribed pursuant to NRS 293.273 and an account explaining why 40
each such polling place was not open during the time prescribed 41
pursuant to NRS 293.273. 42
(d) A description of each challenge made to the eligibility of a 43
voter pursuant to NRS 293.303 and the result of each such 44
challenge. 45
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- *AB534*
(e) A description of each complaint regarding a ballot cast by 1
mail or facsimile filed with the county clerk and the resolution, if 2
any, of the complaint. 3
(f) The results of any audit of election procedures and practices 4
conducted pursuant to regulations adopted by the Secretary of State 5
pursuant to this chapter. 6
(g) The number of provisional ballots cast pursuant to NRS 7
293.3078 to 293.3086, inclusive, and the reason for the casting of 8
each such provisional ballot. 9
(h) The number of [provisional] conditional ballots cast 10
pursuant to NRS 293.5772 to 293.5887, inclusive. 11
2. Each county clerk shall submit to the Secretary of State, on a 12
form provided by the Secretary of State, the information collected 13
pursuant to subsection 1 not more than 60 days after each primary 14
election, presidential preference primary election and general 15
election. 16
3. The Secretary of State may contact any political party and 17
request information to assist in the investigation of any allegation of 18
voter intimidation. 19
4. The Secretary of State shall establish and maintain an 20
Internet website pursuant to which the Secretary of State shall solicit 21
and collect voter comments regarding election processes. 22
5. The Secretary of State shall compile the information and 23
comments collected pursuant to this section into a report and shall 24
submit the report to the Director of the Legislative Counsel Bureau 25
for transmission to the Legislature not sooner than 30 days before 26
and not later than 30 days after the first day of each regular session 27
of the Legislature. 28
6. The Secretary of State may make the report required 29
pursuant to subsection 5 available on an Internet website established 30
and maintained by the Secretary of State. 31
Sec. 33. NRS 293.535 is hereby amended to read as follows: 32
293.535 1. The county clerk shall notify a registrant if any 33
elector or other reliable person files an affidavit with the county 34
clerk stating that: 35
(a) The registrant is not a citizen of the United States; or 36
(b) The registrant has: 37
(1) Moved outside the boundaries of the county where he or 38
she is registered to another county, state, territory or foreign 39
country, with the intention of remaining there for an indefinite time 40
and with the intention of abandoning his or her residence in the 41
county where registered; and 42
(2) Established residence in some other state, territory or 43
foreign country, or in some other county of this state, naming the 44
place. 45
– 36 –
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The affiant must state that he or she has personal knowledge of 1
the facts set forth in the affidavit. 2
2. Upon the filing of an affidavit pursuant to paragraph (b) of 3
subsection 1, the county clerk shall notify the registrant in the 4
manner set forth in NRS 293.530 and shall enclose a copy of the 5
affidavit. If the registrant fails to respond or appear to vote within 6
the required time, the county clerk shall cancel the registration. 7
3. An affidavit filed pursuant to paragraph (a) of subsection 1 8
must be filed not later than 30 days before an election. Upon the 9
filing of such an affidavit, the county clerk shall notify the registrant 10
by registered or certified mail, return receipt requested, of the filing 11
of the affidavit, and shall enclose a copy of the affidavit. Unless the 12
registrant, within 15 days after the return receipt has been filed in 13
the office of the county clerk, presents satisfactory proof of 14
citizenship, the county clerk shall cancel the registration. 15
4. The provisions of this section do not prevent the challenge 16
provided for in NRS 293.303 or 293C.292. 17
5. A county clerk is not required to take any action pursuant to 18
this section in relation to a person who is preregistered to vote until 19
the person is deemed to be registered to vote pursuant to subsection 20
2 of NRS 293.4855. 21
6. For the purposes of this section, “personal knowledge” 22
means firsthand knowledge through experience or observation of 23
the facts upon each ground that the challenge is based. The term 24
does not include knowledge obtained from a third party, including, 25
without limitation, information obtained from the review of data in 26
a database or other compilation of information. 27
Sec. 34. NRS 293.540 is hereby amended to read as follows: 28
293.540 1. The county clerk shall cancel the preregistration 29
of a person: 30
(a) If the county clerk becomes aware of the death of the 31
person through any of the following methods: 32
(1) The county clerk has personal knowledge of the death of 33
the person ; 34
(2) The county clerk receives, from a person who is within 35
the second degree of consanguinity to the person, a sworn 36
affidavit which indicates the death of the person; or [if an] 37
(3) An authenticated certificate of the death of the person is 38
filed in the county clerk’s office. 39
(b) At the request of the person. 40
(c) If the county clerk has discovered an incorrect preregistration 41
pursuant to the provisions of NRS 293.5235 and the person has 42
failed to respond within the required time. 43
(d) As required by NRS 293.541. 44
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(e) Upon verification that the application to preregister to vote is 1
a duplicate if the county clerk has the original or another duplicate 2
of the application on file in the county clerk’s office. 3
2. The county clerk shall cancel the registration of a person: 4
(a) If the county clerk becomes aware of the death of the 5
person through any of the following methods: 6
(1) The county clerk has personal knowledge of the death of 7
the person ; 8
(2) The county clerk receives, from a person who is within 9
the second degree of consanguinity to the voter, a sworn affidavit 10
which indicates the death of the voter; or [if an] 11
(3) An authenticated certificate of the death of the person is 12
filed in the county clerk’s office. 13
(b) If the county clerk is provided a certified copy of a court 14
order stating that the court specifically finds by clear and convincing 15
evidence that the person lacks the mental capacity to vote because 16
he or she cannot communicate, with or without accommodations, a 17
specific desire to participate in the voting process. 18
(c) Upon the determination that the person has been convicted of 19
a felony and is currently incarcerated. 20
(d) Upon the production of a certified copy of the judgment of 21
any court directing the cancellation to be made. 22
(e) At the request of the person. 23
(f) If the county clerk has discovered an incorrect registration 24
pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 25
and the elector has failed to respond or appear to vote within the 26
required time. 27
(g) As required by NRS 293.541. 28
(h) Upon verification that the application to register to vote is a 29
duplicate if the county clerk has the original or another duplicate of 30
the application on file in the county clerk’s office. 31
Sec. 35. NRS 293.543 is hereby amended to read as follows: 32
293.543 1. If the registration of an elector is cancelled 33
pursuant to paragraph (b) of subsection 2 of NRS 293.540, the 34
county clerk shall reregister the elector upon notice from the clerk of 35
the district court that the elector has been found by the district court 36
to have the mental capacity to vote. The court must include the 37
finding in a court order and, not later than 30 days after issuing 38
the order, provide a certified copy of the order to the county clerk of 39
the county in which the person is a resident and to the Office of the 40
Secretary of State. 41
2. If the registration of an elector is cancelled pursuant to 42
paragraph (c) of subsection 2 of NRS 293.540, the elector may 43
reregister upon release from prison. 44
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3. If the registration of an elector is cancelled pursuant to the 1
provisions of paragraph (e) of subsection 2 of NRS 293.540, after 2
the close of registration for a primary election, the elector may not 3
reregister until after the primary election. 4
4. If the registration or preregistration of an elector is 5
cancelled pursuant to subparagraph (2) of paragraph (a) of 6
subsection 1 of NRS 293.540 or subparagraph (2) of paragraph 7
(a) of subsection 2 of NRS 293.540 and the county clerk later 8
determines that the registration or preregistration should not have 9
been cancelled, the county clerk shall reregister or repreregister 10
the elector, as applicable. 11
5. A county clerk shall not require an elector to present 12
evidence, including, without limitation, a court order or any other 13
document, to prove that the elector satisfies the requirements of 14
subsection 2. 15
Sec. 36. NRS 293.560 is hereby amended to read as follows: 16
293.560 1. Except as otherwise provided in NRS 17
293.269951, 293.502, 293.5772 to 293.5887, inclusive, 293D.230 18
and 293D.300: 19
(a) For a primary election, presidential preference primary 20
election or general election, or a recall or special election that is held 21
on the same day as a primary election, presidential preference 22
primary election or general election, the last day to register to vote: 23
(1) By mail is the fourth Tuesday preceding the primary 24
election, presidential preference primary election or general 25
election. 26
(2) By appearing in person at the office of the county clerk 27
or, if open, a county facility designated pursuant to NRS 293.5035, 28
is the [fourth Tuesday preceding] day before the first day of the 29
period for early voting by personal appearance for the primary 30
election, presidential preference primary election or general 31
election. 32
(3) By computer using the system established by the 33
Secretary of State pursuant to NRS 293.671, is the day of the 34
primary election, presidential preference primary election or general 35
election. 36
(b) If a recall or special election is not held on the same day as a 37
primary election, presidential preference primary election or general 38
election, the last day to register to vote for the recall or special 39
election [by any method of registration] : 40
(1) By mail is the second Tuesday preceding the recall or 41
special election. 42
(2) By appearing in person at the office of the county clerk 43
or, if open, a county facility designated pursuant to NRS 293.5035, 44
is : 45
– 39 –
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(I) If there is a period for early voting for the recall or 1
special election, the day before the first day of the period for early 2
voting by personal appearance for the recall or special election; or 3
(II) If there is not a period for early voting for the recall 4
or special election, the third Saturday preceding the recall or 5
special election. 6
(3) By computer using the system established by the 7
Secretary of State pursuant to NRS 293.671 is the day of the recall 8
or special election. 9
2. Except as otherwise provided in NRS 293.5772 to 293.5887, 10
inclusive, after the deadlines for the close of registration for a 11
primary election, presidential preference primary election or general 12
election set forth in subsection 1, no person may register to vote for 13
the election. 14
3. Except for a recall or special election held pursuant to 15
chapter 306 or 350 of NRS: 16
(a) The county clerk of each county shall cause a notice signed 17
by him or her to be published in a newspaper having a general 18
circulation in the county indicating: 19
(1) The day and time that each method of registration for the 20
election, as set forth in subsection 1, will be closed; and 21
(2) If the county clerk has designated a county facility 22
pursuant to NRS 293.5035, the location of that facility. 23
If no such newspaper is published in the county, the publication 24
may be made in a newspaper of general circulation published in the 25
nearest county in this State. 26
(b) The notice must be published once each week for 4 27
consecutive weeks next preceding the day that the last method of 28
registration for the election, as set forth in subsection 1, will be 29
closed. 30
4. The offices of the county clerk, a county facility designated 31
pursuant to NRS 293.5035 and other ex officio registrars may 32
remain open on the last Friday in October in each even-numbered 33
year. 34
5. A county facility designated pursuant to NRS 293.5035 may 35
be open during the periods described in this section for such hours 36
of operation as the county clerk may determine, as set forth in 37
subsection 3 of NRS 293.5035. 38
Sec. 37. NRS 293.5727 is hereby amended to read as follows: 39
293.5727 1. Except as otherwise provided in this section, the 40
Department of Motor Vehicles shall provide an application to 41
preregister or register to vote to each person who applies for the 42
issuance or renewal of any type of driver’s license or identification 43
card issued by the Department. 44
– 40 –
- *AB534*
2. The county clerk shall use the applications to preregister or 1
register to vote which are signed and completed pursuant to 2
subsection 1 to preregister or register an applicant to vote or to 3
correct the preregistration or registration of the applicant, as 4
applicable. An application that is not signed must not be used to 5
preregister or register or correct the preregistration or registration of 6
the applicant. 7
3. For the purposes of this section, each employee specifically 8
authorized to do so by the Director of the Department may oversee 9
the completion of an application. The authorized employee shall 10
check the application for completeness and verify the information 11
required by the application. Each application must include a 12
duplicate copy or receipt to be retained by the applicant upon 13
completion of the form. The Department shall, except as otherwise 14
provided in this subsection, forward each application on a weekly 15
basis to the county clerk or, if applicable, to the registrar of voters of 16
the county in which the applicant resides. The applications must be 17
forwarded daily during the 2 weeks immediately preceding the last 18
[day to register to vote by mail pursuant to NRS 293.560 or 19
293C.527, as applicable.] date that the county clerk is required to 20
accept such an application pursuant to subsection 5. 21
4. The Department is not required to provide an application to 22
register to vote pursuant to subsection 1 to a person who declines to 23
apply to register to vote pursuant to this section and submits to the 24
Department a written form that meets the requirements of 52 U.S.C. 25
§ 20506(a)(6). Information related to the declination to apply to 26
register to vote must not be used for any purpose other than voter 27
registration. 28
5. The county clerk shall accept any application to: 29
(a) Preregister to vote at any time. 30
(b) Register to vote which is obtained from the Department of 31
Motor Vehicles pursuant to this section and completed by : 32
(1) If there is a period for early voting, the day before the 33
first day of the period for early voting by personal appearance; or 34
(2) If there is not a period for early voting, the last day to 35
register to vote by mail pursuant to NRS 293.560 or 293C.527, as 36
applicable, 37
if the county clerk receives the application not later than 5 days 38
after that date. 39
6. Upon receipt of an application, the county clerk or field 40
registrar of voters shall determine whether the application is 41
complete. If the county clerk or field registrar of voters determines 42
that the application is complete, he or she shall notify the applicant 43
and the applicant shall be deemed to be preregistered or registered 44
as of the date of the submission of the application. If the county 45
– 41 –
- *AB534*
clerk or field registrar of voters determines that the application is not 1
complete, he or she shall notify the applicant of the additional 2
information required. The applicant shall be deemed to be 3
preregistered or registered as of the date of the initial submission of 4
the application if the additional information is provided within 15 5
days after the notice for the additional information is mailed. If the 6
applicant has not provided the additional information within 15 days 7
after the notice for the additional information is mailed, the 8
incomplete application is void. Any notification required by this 9
subsection must be given by mail at the mailing address on the 10
application not more than 7 working days after the determination is 11
made concerning whether the application is complete. 12
7. The county clerk shall use any form submitted to the 13
Department to correct information on a driver’s license or 14
identification card to correct information on a previous application 15
to preregister or register unless the person indicates on the form that 16
the correction is not to be used for the purposes of preregistration or 17
voter registration. The Department shall forward each such form to 18
the county clerk or, if applicable, to the registrar of voters of the 19
county in which the person resides in the same manner provided by 20
subsection 3 for applications to preregister or register to vote. 21
8. Upon receipt of a form to correct information, the county 22
clerk shall compare the information to that contained in the database 23
created by the Secretary of State pursuant to NRS 293.675. The 24
county clerk shall correct the information to reflect any changes 25
indicated on the form. After making any changes, the county clerk 26
shall notify the person by mail that the records have been corrected. 27
9. The Secretary of State shall, with the approval of the 28
Director, adopt regulations to: 29
(a) Establish any procedure necessary to provide a person who 30
applies to preregister to vote or an elector who applies to register to 31
vote pursuant to this section the opportunity to do so; 32
(b) Prescribe the contents of any forms or applications which the 33
Department is required to distribute pursuant to this section; and 34
(c) Provide for the transfer of the completed applications of 35
preregistration or registration from the Department to the 36
appropriate county clerk. 37
Sec. 38. NRS 293.5782 is hereby amended to read as follows: 38
293.5782 “Final verification” means the procedures established 39
pursuant to NRS 293.5872 to verify and determine whether a person 40
who cast a [provisional] conditional ballot was qualified to register 41
to vote and to cast the ballot in the election. 42
– 42 –
- *AB534*
Sec. 39. NRS 293.5792 is hereby amended to read as follows: 1
293.5792 1. [“Provisional] “Conditional ballot” means a 2
[provisional] conditional ballot cast by a person pursuant to NRS 3
293.5772 to 293.5887, inclusive. 4
2. The term does not include a provisional ballot cast by a 5
person pursuant to: 6
(a) NRS 293.3078 to 293.3086, inclusive; or 7
(b) Section 302 of the Help America Vote Act of 2002, 52 8
U.S.C. § 21082, as amended. 9
Sec. 40. NRS 293.5832 is hereby amended to read as follows: 10
293.5832 1. After the close of registration for an election 11
pursuant to NRS 293.560 or 293C.527, a registered voter may 12
update his or her voter registration information, including, without 13
limitation, his or her name, address and party affiliation. 14
2. The county or city clerk shall authorize at least one of the 15
following methods for a registered voter to update his or her voter 16
registration information pursuant to this section: 17
(a) A paper application; or 18
(b) The system established by the Secretary of State pursuant to 19
NRS 293.671. 20
If the county or city clerk authorizes the use of both methods, the 21
county or city clerk may limit the use of one method to 22
circumstances when the other method is not reasonably available. 23
3. If a registered voter updates his or her voter registration 24
information pursuant to this section and applies to vote in the 25
election, the county or city clerk may require the voter to cast a 26
[provisional] conditional ballot in the election if any circumstances 27
exist that give the county or city clerk reasonable cause to believe 28
that the use of a [provisional] conditional ballot is necessary to 29
provide sufficient time to verify and determine whether the voter is 30
eligible to cast the ballot in the election based on his or her updated 31
voter registration information. 32
4. If a registered voter casts a [provisional] conditional ballot 33
in the election pursuant to this section, the [provisional] conditional 34
ballot is subject to final verification in accordance with the 35
procedures that apply to other [provisional] conditional ballots cast 36
in the election pursuant to NRS 293.5772 to 293.5887, inclusive. 37
Sec. 41. NRS 293.5837 is hereby amended to read as follows: 38
293.5837 1. An elector may register to vote in the county or 39
city, as applicable, in which the elector is eligible to vote by 40
submitting an application to register to vote by computer using the 41
system established by the Secretary of State pursuant to NRS 42
293.671 before the elector appears at a polling place described in 43
subsection 2 to vote in person. 44
– 43 –
- *AB534*
2. If an elector submits an application to register to vote 1
pursuant to this section less than [14] 18 days before the election, 2
the elector may vote only in person: 3
(a) During the period for early voting, at any polling place for 4
early voting by personal appearance in the county or city, as 5
applicable, in which the elector is eligible to vote; or 6
(b) On the day of the election, at: 7
(1) A polling place established pursuant to NRS 293.3072 or 8
293C.3032 in the county or city, as applicable, in which the elector 9
is eligible to vote; or 10
(2) The polling place for his or her election precinct. 11
3. To vote in person, an elector who submits an application to 12
register to vote pursuant to this section must: 13
(a) Appear before the close of polls at a polling place described 14
in subsection 2; 15
(b) Inform an election board officer that, before appearing at the 16
polling place, the elector submitted an application to register to vote 17
by computer using the system established by the Secretary of State 18
pursuant to NRS 293.671; and 19
(c) Except as otherwise provided in subsection 4, provide his or 20
her current and valid driver’s license or identification card issued by 21
the Department of Motor Vehicles which shows his or her physical 22
address as proof of the elector’s identity and residency. 23
4. If the driver’s license or identification card issued by the 24
Department of Motor Vehicles to the elector does not have the 25
elector’s current residential address, the following documents may 26
be used to establish the residency of the elector if the current 27
residential address of the elector, as indicated on his or her 28
application to register to vote, is displayed on the document: 29
(a) A military identification card; 30
(b) A utility bill, including, without limitation, a bill for electric, 31
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 32
television service; 33
(c) A bank or credit union statement; 34
(d) A paycheck; 35
(e) An income tax return; 36
(f) A statement concerning the mortgage, rental or lease of a 37
residence; 38
(g) A motor vehicle registration; 39
(h) A property tax statement; or 40
(i) Any other document issued by a governmental agency. 41
5. Subject to final verification, if an elector submits an 42
application to register to vote and appears at a polling place to vote 43
in person pursuant to this section: 44
– 44 –
- *AB534*
(a) The elector shall be deemed to be conditionally registered to 1
vote at the polling place upon: 2
(1) The determination that the elector submitted the 3
application to register to vote by computer using the system 4
established by the Secretary of State pursuant to NRS 293.671 and 5
that the application to register to vote is complete; and 6
(2) The verification of the elector’s identity and residency 7
pursuant to this section. 8
(b) After the elector is deemed to be conditionally registered to 9
vote at the polling place pursuant to paragraph (a), the elector: 10
(1) May vote in the election only at that polling place; 11
(2) Must vote as soon as practicable and before leaving that 12
polling place; and 13
(3) Must vote by casting a [provisional] conditional ballot, 14
unless it is verified, at that time, that the elector is qualified to 15
register to vote and to cast a regular ballot in the election at that 16
polling place. 17
Sec. 42. NRS 293.5842 is hereby amended to read as follows: 18
293.5842 1. Notwithstanding the close of any method of 19
registration for an election pursuant to NRS 293.560 or 293C.527, 20
an elector may register to vote in person at any polling place for 21
early voting by personal appearance in the county or city, as 22
applicable, in which the elector is eligible to vote. 23
2. To register to vote in person during the period for early 24
voting, an elector must: 25
(a) Appear before the close of polls at a polling place for early 26
voting by personal appearance in the county or city, as applicable, in 27
which the elector is eligible to vote. 28
(b) Complete the application to register to vote by a method 29
authorized by the county or city clerk pursuant to this paragraph. 30
The county or city clerk shall authorize at least one of the following 31
methods for a person to register to vote pursuant to this paragraph: 32
(1) A paper application; or 33
(2) The system established by the Secretary of State pursuant 34
to NRS 293.671. 35
If the county or city clerk authorizes the use of both methods, the 36
county or city clerk may limit the use of one method to 37
circumstances when the other method is not reasonably available. 38
(c) Except as otherwise provided in subsection 3, provide his or 39
her current and valid driver’s license or identification card issued by 40
the Department of Motor Vehicles which shows his or her physical 41
address as proof of the elector’s identity and residency. 42
3. If the driver’s license or identification card issued by the 43
Department of Motor Vehicles to the elector does not have the 44
elector’s current residential address, the following documents may 45
– 45 –
- *AB534*
be used to establish the residency of the elector if the current 1
residential address of the elector, as indicated on his or her 2
application to register to vote, is displayed on the document: 3
(a) A military identification card; 4
(b) A utility bill, including, without limitation, a bill for electric, 5
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 6
television service; 7
(c) A bank or credit union statement; 8
(d) A paycheck; 9
(e) An income tax return; 10
(f) A statement concerning the mortgage, rental or lease of a 11
residence; 12
(g) A motor vehicle registration; 13
(h) A property tax statement; or 14
(i) Any other document issued by a governmental agency. 15
4. Subject to final verification, if an elector registers to vote in 16
person at a polling place pursuant to this section: 17
(a) The elector shall be deemed to be conditionally registered to 18
vote at the polling place upon: 19
(1) The determination that the application to register to vote 20
is complete; and 21
(2) The verification of the elector’s identity and residency 22
pursuant to this section. 23
(b) After the elector is deemed to be conditionally registered to 24
vote at the polling place pursuant to paragraph (a), the elector: 25
(1) May vote in the election only at that polling place; 26
(2) Must vote as soon as practicable and before leaving that 27
polling place; and 28
(3) Must vote by casting a [provisional] conditional ballot, 29
unless it is verified, at that time, that the elector is qualified to 30
register to vote and to cast a regular ballot in the election at that 31
polling place. 32
Sec. 43. NRS 293.5847 is hereby amended to read as follows: 33
293.5847 1. Notwithstanding the close of any method of 34
registration for an election pursuant to NRS 293.560 or 293C.527, 35
an elector may register to vote in person on the day of the election at 36
any polling place in the county or city, as applicable, in which the 37
elector is eligible to vote. 38
2. To register to vote on the day of the election, an elector 39
must: 40
(a) Appear before the close of polls at a polling place in the 41
county or city, as applicable, in which the elector is eligible to vote. 42
(b) Complete the application to register to vote by a method 43
authorized by the county or city clerk pursuant to this paragraph. 44
– 46 –
- *AB534*
The county or city clerk shall authorize at least one of the following 1
methods for a person to register to vote pursuant to this paragraph: 2
(1) A paper application; or 3
(2) The system established by the Secretary of State pursuant 4
to NRS 293.671. 5
If the county or city clerk authorizes the use of both methods, the 6
county or city clerk may limit the use of one method to 7
circumstances when the other method is not reasonably available. 8
(c) Except as otherwise provided in subsection 3, provide his or 9
her current and valid driver’s license or identification card issued by 10
the Department of Motor Vehicles which shows his or her physical 11
address as proof of the elector’s identity and residency. 12
3. If the driver’s license or identification card issued by the 13
Department of Motor Vehicles to the elector does not have the 14
elector’s current residential address, the following documents may 15
be used to establish the residency of the elector if the current 16
residential address of the elector, as indicated on his or her 17
application to register to vote, is displayed on the document: 18
(a) A military identification card; 19
(b) A utility bill, including, without limitation, a bill for electric, 20
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 21
television service; 22
(c) A bank or credit union statement; 23
(d) A paycheck; 24
(e) An income tax return; 25
(f) A statement concerning the mortgage, rental or lease of a 26
residence; 27
(g) A motor vehicle registration; 28
(h) A property tax statement; or 29
(i) Any other document issued by a governmental agency. 30
4. Subject to final verification, if an elector registers to vote in 31
person at a polling place pursuant to this section: 32
(a) The elector shall be deemed to be conditionally registered to 33
vote at the polling place upon: 34
(1) The determination that the application to register to vote 35
is complete; and 36
(2) The verification of the elector’s identity and residency 37
pursuant to this section. 38
(b) After the elector is deemed to be conditionally registered to 39
vote at the polling place pursuant to paragraph (a), the elector: 40
(1) May vote in the election only at that polling place; 41
(2) Must vote as soon as practicable and before leaving that 42
polling place; and 43
(3) Must vote by casting a [provisional] conditional ballot. 44
– 47 –
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Sec. 44. NRS 293.5852 is hereby amended to read as follows: 1
293.5852 If a person casts a [provisional] conditional ballot 2
pursuant to NRS 293.5772 to 293.5887, inclusive, the [provisional] 3
conditional ballot must include all offices, candidates and measures 4
upon which the person would have been entitled to vote if the 5
person had cast a regular ballot. 6
Sec. 45. NRS 293.5872 is hereby amended to read as follows: 7
293.5872 1. Each county and city clerk shall establish 8
procedures, approved by the Secretary of State, for: 9
(a) Carrying out final verification to verify and determine 10
whether a person who cast a [provisional] conditional ballot was 11
qualified to register to vote and to cast the ballot in the election; and 12
(b) Keeping each [provisional] conditional ballot separate from 13
other ballots until such final verification. 14
2. For the purposes of final verification: 15
(a) The Secretary of State shall verify that an elector has voted 16
in the election in only one county or city, as applicable, and provide 17
each county and city clerk with a copy of the verification report; and 18
(b) Each county and city clerk shall verify that an elector has 19
voted in the election at only one polling place in the county or city, 20
as applicable. 21
Sec. 46. NRS 293.5877 is hereby amended to read as follows: 22
293.5877 1. Following each election, a canvass of the 23
[provisional] conditional ballots cast in the election must be 24
conducted pursuant to NRS 293.387 and 293C.387. 25
2. The county or city clerk shall not include any [provisional] 26
conditional ballot in the unofficial results reported on election night. 27
3. Beginning on the day following the election, the county or 28
city clerk shall regularly report the results of the counting of the 29
[provisional] conditional ballots until such counting is completed. 30
Sec. 47. NRS 293.5882 is hereby amended to read as follows: 31
293.5882 1. The Secretary of State shall establish a free 32
access system, such as a toll-free telephone number or an Internet 33
website, to inform a person who cast a [provisional] conditional 34
ballot whether the person’s ballot was counted and, if the ballot was 35
not counted, the reason why the ballot was not counted. 36
2. The free access system must ensure secrecy of the ballot 37
while protecting the confidentiality and integrity of personal 38
information contained therein. 39
3. Access to information concerning a [provisional] 40
conditional ballot must be restricted to the person who cast the 41
[provisional] conditional ballot. 42
Sec. 48. NRS 293.730 is hereby amended to read as follows: 43
293.730 1. Except for an election board officer in the course 44
of the election board officer’s official duties, a person shall not: 45
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(a) Remain in or outside of any polling place so as to interfere 1
with the conduct of the election. The provisions of this paragraph 2
do not prohibit a person from conducting an exit poll in or outside 3
of the polling place. 4
(b) Accept from any voter a ballot prepared by or on behalf of 5
the voter, other than a mail ballot or military-overseas ballot 6
prepared by or on behalf of the voter with his or her authorization 7
pursuant to this title. 8
(c) Remove a ballot from any polling place before the closing of 9
the polls. 10
(d) Apply for or receive a ballot at any election precinct or 11
district other than one at which the person is entitled to vote. 12
(e) Show his or her ballot to another person, after voting, so as 13
to reveal any of his or her votes on the ballot, other than on his or 14
her mail ballot or military-overseas ballot prepared by or on behalf 15
of the voter with his or her authorization pursuant to this title. 16
(f) Inside a polling place, ask another person for his or her name, 17
address or political affiliation or for whom he or she intends to vote. 18
(g) Send, transmit, distribute or deliver a ballot to a voter, other 19
than a mail ballot or military-overseas ballot when permitted 20
pursuant to this title. 21
(h) Except when permitted by the voter, alter, change, deface, 22
damage or destroy a mail ballot or military-overseas ballot prepared 23
by or on behalf of the voter with his or her authorization pursuant to 24
this title. 25
2. A voter shall not: 26
(a) Accept a ballot from another person, other than an election 27
board officer in the course of the election board officer’s official 28
duties or a person who sends, transmits, distributes or delivers a 29
mail ballot or military-overseas ballot to the voter when permitted 30
pursuant to this title. 31
(b) Deliver to an election board officer in the course of the 32
election board officer’s official duties any ballot other than the one 33
received. 34
(c) Place any mark upon his or her ballot by which it may 35
afterward be identified as the one that he or she voted, other than 36
any such mark that is permitted to be placed on a mail ballot or 37
military-overseas ballot prepared by or on behalf of the voter with 38
his or her authorization pursuant to this title. 39
3. A person other than a county or city clerk shall not set up a 40
ballot drop box that purports to be an official ballot drop box for 41
mail ballots. 42
4. Any person who violates any provision of this section is 43
guilty of a category E felony and shall be punished as provided in 44
NRS 193.130. 45
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Sec. 49. NRS 293.740 is hereby amended to read as follows: 1
293.740 1. Except as otherwise provided in subsection 3, it is 2
unlawful inside a polling place, within 100 feet from the entrance to 3
the building or other structure in which a polling place is located, 4
inside the area of a county or city jail where a person detained in the 5
jail may vote or within 100 feet from the entrance of the area in a 6
jail where a person detained in the jail may vote: 7
(a) For any person to solicit a vote or speak to a voter on the 8
subject of marking the voter’s ballot [.] unless the person is 9
conducting an exit poll. 10
(b) For any person, including an election board officer, to do 11
any electioneering on election day. 12
The county clerk or registrar of voters shall ensure that, at the 13
outer limits of the area within which electioneering is prohibited, 14
notices are continuously posted on which are printed in large letters 15
“Distance Marker: No electioneering between this point and the 16
entrance to the polling place.” 17
2. The county clerk shall ensure that any notice posted 18
pursuant to subsection 1 is: 19
(a) At least 17 inches by 11 inches in size; 20
(b) Placed on a window or door of the polling place or a 21
freestanding sign; and 22
(c) Visible to a person approaching the outer limits of the area 23
within which electioneering is prohibited pursuant to subsection 1. 24
3. The provisions of subsections 1 and 2 do not apply to the 25
conduct of a person in a private residence or on commercial or 26
residential property that is within 100 feet from the entrance to a 27
building or other structure in which a polling place is located. The 28
provisions of subsection 1 are not intended to prohibit a person from 29
voting solely because he or she is wearing a prohibited political 30
insigne and is reasonably unable to remove the insigne or cover it. 31
In such a case, the election board officer shall take such action as is 32
necessary to allow the voter to vote as expediently as possible and 33
then assist the voter in exiting the polling place as soon as is 34
possible. 35
4. Any person who violates any provision of this section is 36
guilty of a gross misdemeanor. 37
5. As used in this section, “electioneering” means campaigning 38
for or against a candidate, ballot question or political party by: 39
(a) Posting signs relating to the support of or opposition to a 40
candidate, ballot question or political party; 41
(b) Distributing literature relating to the support of or opposition 42
to a candidate, ballot question or political party; 43
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(c) Using loudspeakers to broadcast information relating to the 1
support of or opposition to a candidate, ballot question or political 2
party; 3
(d) Buying, selling, wearing or displaying any badge, button or 4
other insigne which expressly refers to any political party or a 5
candidate or ballot question to be voted upon at that election; or 6
(e) Soliciting signatures to any kind of petition. 7
Sec. 50. Chapter 293B of NRS is hereby amended by adding 8
thereto a new section to read as follows: 9
If the board of county commissioners of any county or the city 10
council or other governing body of any city terminates a contract 11
for the lease or use of a mechanical voting system or mechanical 12
recording device which is currently used in any election, that 13
termination is provisional and does not become final unless the 14
board of county commissioners, city council or other governing 15
body: 16
1. Submits to the Secretary of State a plan to transition to a 17
new mechanical voting system or mechanical recording device, as 18
applicable, which is approved by the Secretary of State; and 19
2. Submits to the Secretary of State proof of a signed contract 20
for purchase, lease or use of the new mechanical voting system or 21
mechanical recording device, as applicable. 22
Sec. 51. NRS 293B.050 is hereby amended to read as follows: 23
293B.050 At all statewide, county, city and district elections of 24
any kind held in this State, ballots or votes [may] : 25
1. May be cast, registered [,] and recorded [and counted] by 26
means of a mechanical voting system. 27
2. Must be counted by means of a mechanical voting system. 28
Sec. 52. NRS 293B.105 is hereby amended to read as follows: 29
293B.105 The board of county commissioners of any county or 30
the city council or other governing body of any city [may] : 31
1. May purchase and adopt for use at elections any mechanical 32
voting system and mechanical recording device [. The system or 33
device may be used at any or all elections held in the county or city,] 34
for voting [,] and registering [and counting] votes cast. 35
2. Must purchase and adopt for use at elections a mechanical 36
voting system for counting votes cast. 37
Sec. 53. NRS 293B.110 is hereby amended to read as follows: 38
293B.110 [A] Except as otherwise provided in NRS 39
293B.050, a mechanical voting system or mechanical recording 40
device may be adopted and used for some of the precincts or 41
districts in the same county or city, while the remainder of the 42
precincts or districts in that county or city may be furnished with 43
paper ballots or any other mechanical voting system or mechanical 44
recording device. 45
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Sec. 54. NRS 293B.130 is hereby amended to read as follows: 1
293B.130 1. Before any election , [where a mechanical 2
voting system is to be used,] the county clerk shall prepare or cause 3
to be prepared a computer program on cards, tape or other material 4
suitable for use with the computer or counting device to be 5
employed for counting the votes cast. The program must cause the 6
computer or counting device to operate in the following manner: 7
(a) All lawful votes cast by each voter must be counted. 8
(b) All unlawful votes, including, without limitation, overvotes 9
or, in a primary election or presidential preference primary election, 10
votes cast for a candidate of a major political party other than the 11
party, if any, of the registration of the voter must not be counted. 12
(c) If the election is: 13
(1) A primary election held in an even-numbered year; 14
(2) A presidential preference primary election; or 15
(3) A general election, 16
the total votes, other than mail ballots, must be accumulated by 17
precinct. 18
(d) The computer or counting device must halt or indicate by 19
appropriate signal if a ballot is encountered which lacks a code 20
identifying the precinct in which it was voted and, in a primary 21
election or presidential preference primary election, identifying the 22
major political party of the voter. 23
2. The program must be prepared under the supervision of the 24
accuracy certification board appointed pursuant to the provisions of 25
NRS 293B.140. 26
3. The county clerk shall take such measures as he or she 27
deems necessary to protect the program from being altered or 28
damaged. 29
Sec. 55. NRS 293B.150 is hereby amended to read as follows: 30
293B.150 Not earlier than [2] 6 weeks before and not later than 31
5 p.m. on the day before the first day of early voting, the county or 32
city clerk shall test: 33
1. The mechanical recording device which directly records 34
votes electronically, if any; or 35
2. The automatic tabulating equipment and programs, if any, 36
to ascertain that the device or equipment and programs will 37
correctly count the votes cast for all offices and on all measures. 38
Sec. 56. NRS 293B.170 is hereby amended to read as follows: 39
293B.170 1. After the completion of the last logic and 40
accuracy test, the programs used, if any, and the logic and accuracy 41
test ballots and the official ballots shall be sealed, retained and 42
disposed of in the manner provided in NRS 293.391 or 293C.390 43
for other ballots. 44
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2. All of the materials preserved pursuant to subsection 1 1
which are deposited with the county clerk are subject to inspection 2
in an election accuracy audit that is conducted in accordance with 3
the regulations adopted pursuant to NRS 293.394. 4
Sec. 57. NRS 293B.175 is hereby amended to read as follows: 5
293B.175 In those districts or precincts in which a mechanical 6
voting system is used [,] for casting ballots, the list of offices and 7
candidates and the statements of measures appropriate for use with 8
[that] a mechanical voting system in combination with the device 9
upon which a vote is registered is an official ballot. 10
Sec. 58. NRS 293C.145 is hereby amended to read as follows: 11
293C.145 1. A general city election must be held in each city 12
of population category three on the first Tuesday after the first 13
Monday in November of the first even-numbered year after 14
incorporation, and at each successive interval of 2 years. 15
2. There must be one mayor and three or five council members, 16
as the city council shall provide by ordinance, for each city of 17
population category three. The terms of office of the mayor and the 18
council members are 4 years, which terms must be staggered. The 19
mayor and council members elected to office immediately after 20
incorporation shall decide, by lot, among themselves which two of 21
their offices expire at the next general city election, and thereafter 22
the terms of office must be 4 years. If a city council thereafter 23
increases the number of council members, it shall, by lot, stagger the 24
initial terms of the additional members. 25
3. A candidate for an office to be voted for at the general city 26
election must file a declaration of candidacy with the city clerk not 27
earlier than [: 28
(a) For the office of judge of a municipal court, the first Monday 29
in January of the year in which the applicable election is to be held 30
and not later than 5 p.m. on the second Friday after the first Monday 31
in January. 32
(b) For any other office,] the first Monday in [March] February 33
of the year in which the applicable election is to be held and not 34
later than 5 p.m. on the second Friday after the first Monday in 35
[March.] February. 36
4. At the time that a candidate files a declaration of candidacy, 37
the city clerk shall charge and collect from the candidate, and the 38
candidate must pay to the city clerk, a filing fee in an amount fixed 39
by the city council by ordinance or resolution. 40
5. Candidates for mayor must be voted upon by the electors of 41
the city at large. Candidates for the city council must be voted upon 42
by the electors of their respective wards to represent the wards in 43
which they reside or by the electors of the city at large in accordance 44
with the provisions of chapter 266 of NRS. 45
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Sec. 59. NRS 293C.175 is hereby amended to read as follows: 1
293C.175 1. A primary city election must be held in each city 2
of population category one, and in each city of population category 3
two that has so provided by ordinance, on the second Tuesday in 4
June of each even-numbered year, at which time there must be 5
nominated candidates for offices to be voted for at the next general 6
city election. 7
2. A candidate for an office to be voted for at the primary or 8
general city election must file a declaration of candidacy with the 9
city clerk not earlier than [: 10
(a) For the office of judge of a municipal court, the first Monday 11
in January of the year in which the applicable election is to be held 12
and not later than 5 p.m. on the second Friday after the first Monday 13
in January. 14
(b) For any other office,] the first Monday in [March] February 15
of the year in which the applicable election is to be held and not 16
later than 5 p.m. on the second Friday after the first Monday in 17
[March.] February. 18
3. At the time that a candidate files a declaration of candidacy, 19
the city clerk shall charge and collect from the candidate, and the 20
candidate must pay to the city clerk, a filing fee in an amount fixed 21
by the governing body of the city by ordinance or resolution. The 22
filing fees collected by the city clerk must be deposited to the credit 23
of the general fund of the city. 24
4. All candidates, except as otherwise provided in NRS 25
266.220, must be voted upon by the electors of the city at large. 26
5. If, in a primary city election held in a city of population 27
category one or two, one candidate receives a majority of votes cast 28
in that election for the office for which he or she is a candidate, the 29
candidate must be declared elected to the office and the candidate’s 30
name must not be placed on the ballot for the general city election. 31
If, in the primary city election, no candidate receives a majority of 32
votes cast in that election for the office for which he or she is a 33
candidate, the names of the two candidates receiving the highest 34
number of votes must be placed on the ballot for the general city 35
election. 36
Sec. 60. NRS 293C.26325 is hereby amended to read as 37
follows: 38
293C.26325 1. The [city clerk] Secretary of State shall 39
establish procedures for the processing and counting of mail ballots. 40
2. The procedures established pursuant to subsection 1: 41
(a) May authorize mail ballots to be processed, verified and 42
counted by computer or other electronic means; and 43
(b) Must not conflict with the provisions of NRS 293C.263 to 44
293C.26337, inclusive. 45
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Sec. 61. NRS 293C.26331 is hereby amended to read as 1
follows: 2
293C.26331 1. The mail ballot central counting board [may] 3
shall begin counting the received mail ballots 15 days before the 4
day of the election [.] and must process each mail ballot pursuant 5
to NRS 293C.26333 on the day that the mail ballot is received. The 6
board must complete the count of all mail ballots on or before the 7
seventh day following the election. The counting procedure must be 8
public. 9
2. If two or more mail ballots are found folded together to 10
present the appearance of a single ballot, the mail ballots must be 11
rejected and placed in an envelope, upon which must be written the 12
reason for their rejection. The envelope must be signed by an 13
election board officer and placed in the container or ballot box after 14
the count is completed. 15
Sec. 62. NRS 293C.527 is hereby amended to read as follows: 16
293C.527 1. Except as otherwise provided in NRS 293.502, 17
293.5772 to 293.5887, inclusive, 293D.230 and 293D.300: 18
(a) For a primary city election or general city election, or a recall 19
or special city election that is held on the same day as a primary city 20
election or general city election, the last day to register to vote: 21
(1) By mail is the fourth Tuesday preceding the primary city 22
election or general city election. 23
(2) By appearing in person at the office of the city clerk or, if 24
open, a municipal facility designated pursuant to NRS 293C.520, is 25
: 26
(I) If there is a period for early voting for the primary 27
city election or general city election, the day before the first day of 28
the period for early voting by personal appearance for the primary 29
city election or general city election; or 30
(II) If there is not a period for early voting for the 31
primary city election or general city election, the fourth Tuesday 32
preceding the primary city election or general city election. 33
(3) By computer using the system established by the 34
Secretary of State pursuant to NRS 293.671, is the day of the 35
primary city election or general city election. 36
(b) If a recall or special city election is not held on the same day 37
as a primary city election or general city election, the last day to 38
register to vote for the recall or special city election [by any method 39
of registration] : 40
(1) By mail is the second Tuesday preceding the recall or 41
special city election. 42
(2) By appearing in person at the office of the city clerk or, 43
if open, a municipal facility designated pursuant to NRS 293C.520 44
is : 45
– 55 –
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(I) If there is a period for early voting for the recall or 1
special city election, the day before the first day of the period for 2
early voting by personal appearance for the recall or special city 3
election; or 4
(II) If there is not a period for early voting for the recall 5
or special city election, the third Saturday preceding the recall or 6
special city election. 7
(3) By computer using the system established by the 8
Secretary of State pursuant to NRS 293.671 is the day of the recall 9
or special city election. 10
2. Except as otherwise provided in NRS 293.5772 to 293.5887, 11
inclusive, after the deadlines for the close of registration for a 12
primary city election or general city election set forth in subsection 13
1, no person may register to vote for the election. 14
3. Except for a recall or special city election held pursuant to 15
chapter 306 or 350 of NRS: 16
(a) The city clerk of each city shall cause a notice signed by him 17
or her to be published in a newspaper having a general circulation in 18
the city indicating: 19
(1) The day and time that each method of registration for the 20
election, as set forth in subsection 1, will be closed; and 21
(2) If the city clerk has designated a municipal facility 22
pursuant to NRS 293C.520, the location of that facility. 23
If no newspaper is of general circulation in that city, the 24
publication may be made in a newspaper of general circulation in 25
the nearest city in this State. 26
(b) The notice must be published once each week for 4 27
consecutive weeks next preceding the day on which the last method 28
of registration for the election, as set forth in subsection 1, will be 29
closed. 30
4. A municipal facility designated pursuant to NRS 293C.520 31
may be open during the periods described in this section for such 32
hours of operation as the city clerk may determine, as set forth in 33
subsection 3 of NRS 293C.520. 34
Sec. 63. NRS 293C.600 is hereby amended to read as follows: 35
293C.600 1. Before any election where a mechanical voting 36
system will be used [,] for casting ballots, the city clerk shall 37
prepare or cause to be prepared a computer program on cards, tape 38
or other material suitable for use with the computer or counting 39
device to be employed for counting the votes cast. The program 40
must cause the computer or counting device to operate in the 41
following manner: 42
(a) All lawful votes cast by each voter must be counted. 43
(b) All unlawful votes, including, but not limited to, overvotes 44
must not be counted. 45
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(c) The computer or counting device must halt or indicate by 1
appropriate signal if a ballot is encountered that lacks a code 2
identifying the precinct in which it was voted. 3
2. The program must be prepared under the supervision of the 4
accuracy certification board appointed pursuant to the provisions of 5
NRS 293B.140. 6
3. The city clerk shall take such measures as he or she deems 7
necessary to protect the program from being altered or damaged. 8
Sec. 64. NRS 295.045 is hereby amended to read as follows: 9
295.045 1. A petition for referendum must be filed with the 10
Secretary of State not less than 120 days before the date of the next 11
succeeding general election. 12
2. The Secretary of State shall certify the questions to the 13
county clerks. 14
3. The title of the statute or resolution must be set out on the 15
ballot, and the question printed upon the ballot for the information 16
of the voters must be as follows: “Shall the statute (setting out its 17
title) be approved?” 18
4. Where a mechanical voting system is used [,] for casting 19
ballots, the title of the statute must appear on the list of offices and 20
candidates and the statements of measures to be voted on and may 21
be condensed to no more than 25 words. 22
5. The votes cast upon the question must be counted and 23
canvassed as the votes for state officers are counted and canvassed. 24
Sec. 65. NRS 295.056 is hereby amended to read as follows: 25
295.056 1. Before a petition for initiative or referendum is 26
filed with the Secretary of State, the petitioners must submit to each 27
county clerk for verification pursuant to NRS 293.1276 to 293.1279, 28
inclusive, the document or documents which were circulated for 29
signature within the clerk’s county. The clerks shall give the person 30
submitting a document or documents a receipt stating the number of 31
documents and pages and the person’s statement of the number of 32
signatures contained therein. 33
2. If a petition for initiative proposes a statute or an amendment 34
to a statute, the document or documents must be submitted not 35
earlier than the 13th day and not later than the 15th day following 36
the general election. 37
3. If a petition for initiative proposes an amendment to the 38
Constitution, the document or documents must be submitted not 39
earlier than the 13th day and not later than the 15th day following 40
the primary election. 41
4. If the petition is for referendum, the document or documents 42
must be submitted not earlier than the 13th day and not later than 43
the 15th day following the primary election. 44
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5. All documents which are submitted to a county clerk for 1
verification must be submitted at the same time. If documents 2
concerning the same petition are submitted for verification to more 3
than one county clerk, the documents must be submitted to each 4
county clerk on the same day. At the time that the petition is 5
submitted to a county clerk for verification, the petitioners may 6
designate a contact person who is authorized by the petitioners to 7
address questions or issues relating to the petition. 8
Sec. 66. NRS 295.170 is hereby amended to read as follows: 9
295.170 1. The subject matter of such questions must be 10
stated concisely on the ballot, and the question printed upon the 11
ballot for the information of the voter must be as follows: “Shall the 12
act (setting out the title thereof) be approved?” 13
2. Where a mechanical voting system is used [,] for casting 14
ballots, the title of the act must appear on the list of offices and 15
candidates and the statements of measures to be voted on and may 16
be condensed by the district attorney to 20 words. 17
3. The district attorney shall prepare an explanation of each 18
such question, which must be placed on the ballot or the list of 19
offices and candidates and the statements of measures to be voted 20
on, or posted in the polling place. 21
4. The votes cast upon such question must be counted and 22
canvassed as the votes for county officers are counted and 23
canvassed. 24
Sec. 67. NRS 298.650 is hereby amended to read as follows: 25
298.650 1. Except as otherwise provided in [subsection 2,] 26
this section, a presidential preference primary election must be held 27
for all major political parties on the first Tuesday in February of 28
each presidential election year. 29
2. The Secretary of State may, with the approval of the 30
Legislative Commission, adjust the date of the presidential 31
preference primary election set forth in subsection 1. 32
3. A presidential preference primary election must not be held 33
for a major political party if only one qualified candidate or no 34
qualified candidate of the major political party files a declaration of 35
candidacy pursuant to NRS 298.660. If only one qualified candidate 36
of the major political party files a declaration of candidacy, the 37
Secretary of State must certify the name of the qualified candidate to 38
the state central committee and the national committee of the major 39
political party. 40
Sec. 68. NRS 298.670 is hereby amended to read as follows: 41
298.670 1. The Secretary of State shall forward to each 42
county clerk the name, party affiliation and mailing address of each 43
qualified candidate whose name must appear on the ballot for the 44
presidential preference primary election. 45
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2. Immediately upon receipt by the county clerk of the list of 1
qualified candidates, the county clerk shall publish a notice of the 2
presidential preference primary election once a week for 2 3
successive weeks in such manner as the county clerk deems proper 4
which may include, without limitation, publication in a newspaper 5
of general circulation in the county [once a week for 2 successive 6
weeks. If no such newspaper is published in the county, the 7
publication may be made in a newspaper of general circulation 8
published in] or the nearest Nevada county [.] , on the Internet 9
website of the county clerk or on the social media account of the 10
county clerk. The notice must contain: 11
(a) The date of the presidential preference primary election; 12
(b) The major political parties that have qualified candidates 13
who will be on the ballot at the presidential preference primary 14
election; 15
(c) The location of the polling places in the county, including, 16
without limitation, polling places for early voting by personal 17
appearance; and 18
(d) The hours during which the polling places in the county will 19
be open for voting during the period for early voting and the day of 20
the presidential preference primary election. 21
Sec. 69. NRS 306.060 is hereby amended to read as follows: 22
306.060 1. If the officer against whom the petition is filed 23
furnishes no justification of the officer’s course in office, none need 24
appear on the ballot at the election upon the officer’s recall. 25
2. Where a mechanical voting system is used [,] for casting 26
ballots, the reason for demanding the recall of the officer and the 27
officer’s justification need not be printed on the ballot, but must be 28
printed on sample ballots, which must be presented to registered 29
voters upon their application to vote. 30
Sec. 70. Section 5.090 of the Charter of the City of Caliente, 31
being chapter 31, Statutes of Nevada 1971, at page 67, is hereby 32
amended to read as follows: 33
Sec. 5.090 [Voting machines.] Mechanical voting 34
systems. 35
1. The City Council [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 City Council provides for the use of 41
mechanical or other devices for voting, such provision must 42
be in accordance with the election laws of this State and any 43
regulations of the Secretary of State. 44
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Sec. 71. Section 5.080 of the Charter of the City of Carlin, 1
being chapter 344, Statutes of Nevada 1971, at page 616, is hereby 2
amended to read as follows: 3
Sec. 5.080 [Voting machines.] Mechanical voting 4
systems. 5
1. The Board of Council Members [may] shall provide 6
for the use of mechanical or other devices for [voting or] 7
counting the votes [not inconsistent] in accordance with [law 8
or] the election laws of this State and any regulations of the 9
Secretary of State. 10
2. If the Board of Council Members provides for the 11
use of mechanical or other devices for voting, such 12
provision must be in accordance with the election laws of 13
this State and any regulations of the Secretary of State. 14
Sec. 72. Section 5.090 of the Charter of Carson City, being 15
chapter 213, Statutes of Nevada 1969, at page 306, is hereby 16
amended to read as follows: 17
Sec. 5.090 [Voting machines.] Mechanical voting 18
systems. 19
1. The Board [may] shall provide for the use of 20
mechanical or other devices for [voting or] counting the votes 21
[not inconsistent] in accordance with [law or] the election 22
laws of this State and any regulations of the Secretary of 23
State. 24
2. If the Board provides for the use of mechanical or 25
other devices for voting, such provision must be in 26
accordance with the election laws of this State and any 27
regulations of the Secretary of State. 28
Sec. 73. Section 5.080 of the Charter of the City of Elko, 29
being chapter 276, Statutes of Nevada 1971, as amended by chapter 30
51, Statutes of Nevada 2001, at page 464, is hereby amended to read 31
as follows: 32
Sec. 5.080 [Voting machines.] Mechanical voting 33
systems. 34
1. The City Council [may] shall provide for the use of 35
mechanical or other devices for [voting or] counting votes 36
[that is not inconsistent] in accordance with [law or] the 37
election laws of this State and any regulations of the 38
Secretary of State. 39
2. If the City Council provides for the use of 40
mechanical or other devices for voting, such provision must 41
be in accordance with the election laws of this State and any 42
regulations of the Secretary of State. 43
– 60 –
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Sec. 74. Section 5.090 of the Charter of the City of Henderson, 1
being chapter 266, Statutes of Nevada 1971, at page 417, 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. 75. Section 5.090 of the Charter of the City of Las Vegas, 15
being chapter 517, Statutes of Nevada 1983, at page 1416, is hereby 16
amended to read as follows: 17
Sec. 5.090 [Voting machines.] Mechanical voting 18
systems. 19
1. The City Council [may] shall provide for the use of 20
mechanical or other devices for [voting or for] counting the 21
votes [, or both, which are not inconsistent] in accordance 22
with the [law or the] election laws of this State and any 23
regulations of the Secretary of State. 24
2. If the City Council provides for the use of 25
mechanical or other devices for voting, such provision must 26
be in accordance with the election laws of this State and any 27
regulations of the Secretary of State. 28
Sec. 76. Section 5.090 of the Charter of the City of Mesquite, 29
being chapter 325, Statutes of Nevada 2017, at page 1887, is hereby 30
amended to read as follows: 31
Sec. 5.090 [Voting machines.] Mechanical voting 32
systems. 33
1. The City Council [may] shall provide for the use of 34
mechanical or other devices for [voting or] counting the votes 35
[not inconsistent] in accordance with [law or] the election 36
laws of this State and any regulations of the Secretary of 37
State. 38
2. If the City Council provides for the use of 39
mechanical or other devices for voting, such provision must 40
be in accordance with the election laws of this State and any 41
regulations of the Secretary of State. 42
– 61 –
- *AB534*
Sec. 77. Section 5.090 of the Charter of the City of Reno, 1
being chapter 662, Statutes of Nevada 1971, at page 1979, 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. 78. Section 5.090 of the Charter of the City of Sparks, 15
being chapter 470, Statutes of Nevada 1975, at page 737, is hereby 16
amended to read as follows: 17
Sec. 5.090 [Voting machines.] Mechanical voting 18
systems. 19
1. The City Council [may] shall provide for the use of 20
mechanical or other devices for [voting or] counting the votes 21
[not inconsistent] in accordance with [law or] the election 22
laws of this State and any regulations of the Secretary of 23
State. 24
2. If the City Council provides for the use of 25
mechanical or other devices for voting, such provision must 26
be in accordance with the election laws of this State and any 27
regulations of the Secretary of State. 28
Sec. 79. Section 5.080 of the Charter of the City of Wells, 29
being chapter 275, Statutes of Nevada 1971, at page 470, is hereby 30
amended to read as follows: 31
Sec. 5.080 [Voting machines.] Mechanical voting 32
systems. 33
1. The Board of Council Members [may] shall provide 34
for the use of mechanical or other devices for [voting or] 35
counting the votes [not inconsistent] in accordance with [law 36
or] the election laws of this State and any regulations of the 37
Secretary of State. 38
2. If the Board of Council Members provides for the 39
use of mechanical or other devices for voting, such 40
provision must be in accordance with the election laws of 41
this State and any regulations of the Secretary of State. 42
– 62 –
- *AB534*
Sec. 80. Section 5.080 of the Charter of the City of Yerington, 1
being chapter 465, Statutes of Nevada 1971, at page 913, is hereby 2
amended to read as follows: 3
Sec. 5.080 [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. 81. The provisions of NRS 354.599 do not apply to any 15
additional expenses of a local government that are related to the 16
provisions of this act. 17
Sec. 82. 1. This section and section 81 of this act become 18
effective upon passage and approval. 19
2. Sections 1 to 80, inclusive, of this act become effective: 20
(a) Upon passage and approval for the purpose of adopting any 21
regulations and performing any other preparatory administrative 22
tasks that are necessary to carry out the provisions of this act; and 23
(b) On July 1, 2025, for all other purposes. 24
H