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