Under existing law, major party candidates for partisan office are nominated at a primary election. (NRS 293.175) A registered voter may cast a ballot in a primary election for a major political party only if the registered voter designated on his or her application to register to vote an affiliation with that major political party. (NRS 293.257) Existing law further requires, with certain exceptions, that a presidential preference primary election be held in each presidential election year to determine the preferences of the registered voters of a major political party regarding the party's nominee for President of the United States. (NRS 298.600-298.720) A registered voter may cast a ballot in a presidential preference primary election for a major political party only if the registered voter designated on his or her application to register to vote an affiliation with that major political party. (NRS 298.680) Sections 1, 2, 9 and 11 of this bill authorize a registered voter who has indicated on his or her voter registration that he or she is not affiliated with a political party to vote in a primary election or presidential preference primary election for a major political party by requesting a partisan mail ballot from the county clerk or appearing in person at the polls and requesting a partisan ballot. Section 3 of this bill requires a county clerk to prepare and distribute a partisan mail ballot to each registered nonpartisan voter who requests such a ballot. Section 4 of this bill removes the requirement for an automatic voter registration agency to notify a person during the automatic voter registration process that the person will be unable to vote at certain primary elections for partisan offices of a major political party unless the person indicates a major political party affiliation. Existing law provides that the computer program used in a mechanical voting system must not count unlawful votes, including votes in a primary election or presidential preference primary election cast for a candidate other than the candidate of a major political party other than the party, if any, of the registration of the voter. (NRS 293B.130) Section 5 of this bill removes the prohibition on counting such a vote, but still prohibits the computer program from counting unlawful votes. Section 6 of this bill requires a member of an election board in a primary election or presidential preference primary election to issue a partisan ballot and, if a mechanical voting system is used, a voting receipt with the name of the major political party, to each nonpartisan voter who requests to vote a partisan ballot under section 1 or 9. Section 7 of this bill provides that this requirement is an exception to the requirement for a member of an election board to issue a nonpartisan voter a nonpartisan ballot and voting receipt with a nonpartisan designation. Existing law authorizes a county clerk to require partisan voters in certain precincts or districts to vote in the same manner as a nonpartisan voter. (NRS 293B.310) Section 8 of this bill authorizes the county clerk to also require nonpartisan voters who request to vote a partisan ballot to vote in such a manner. Section 10 of this bill applies certain definitions relating to presidential preference primary elections to the provisions of section 9.

Statutes affected:
As Introduced: 293.257, 293.269911, 293.57693, 293B.130, 293B.300, 293B.305, 293B.310, 298.600, 298.680
BDR: 293.257, 293.269911, 293.57693, 293B.130, 293B.300, 293B.305, 293B.310, 298.600, 298.680