S.B. 162
- *SB162*
SENATE BILL NO. 162–SENATOR SCHEIBLE
FEBRUARY 15, 2023
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Referred to Committee on Legislative Operations and Elections
SUMMARY—Provides for the establishment of polling places in
county and city jails. (BDR 24-812)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 1, 4)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; providing for the establishment of
polling places in county and city jails; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a county clerk to establish polling places for a primary 1
election, presidential preference primary election or general election. (NRS 2
293.2731, 298.690) Existing law further requires, under certain circumstances, a 3
county or city clerk to establish a polling place in certain locations such as an 4
Indian reservation or Indian colony located in whole or in part within the county or 5
city and in a residential development exclusively for elderly persons. (NRS 6
293.2733, 293.2735, 293C.2675, 293C.268) 7
Section 1 of this bill requires each county clerk, county sheriff and person who 8
administers the jail of a city in the county to coordinate to establish one polling 9
place in each county jail and city jail exclusively for prisoners in the jail who are 10
registered voters in the county to vote in person on the day of a primary election, 11
presidential preference primary election or general election. Section 1 further 12
provides that if prisoners of the county or city are detained in another county 13
pursuant to certain interlocal agreements, the county clerk shall coordinate with the 14
sheriff or person who administers the jail of the city in the county where the 15
prisoners are located to establish a polling place for those prisoners. Also, section 1 16
clarifies that, with certain exceptions, the provisions of election law apply to the 17
polling places established in jails, voting at such polling places and registering to 18
vote on the day of the election at these polling places. Finally, section 1 clarifies 19
that nothing in section 1 authorizes a person convicted of a felony in this State who 20
has not had his or her right to vote or register to vote restored to vote or register to 21
vote at a polling place established in a county or city jail. 22
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Section 2 of this bill provides that no member of the general public may 23
observe the conduct of voting at a polling place established pursuant to section 1 24
without approval from the sheriff or person who administers the jail of the city. 25
Section 4 of this bill sets forth requirements for each city clerk to coordinate 26
with the person who administers the city jail to establish a polling place for each 27
primary city election or general city election, similar to the provisions of section 1. 28
Section 3 of this bill requires the county clerk to prepare a roster for each 29
polling place established in a county or city jail pursuant to section 1 or 4. 30
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 a new section to read as follows: 2
1. Each county clerk, county sheriff and person who 3
administers the jail of a city in the county shall coordinate to 4
establish one polling place in each county jail and city jail 5
exclusively for prisoners in the jail who are registered voters in the 6
county to vote in person on the day of a primary election, 7
presidential preference primary election or general election. If 8
prisoners of a county or city are detained in a jail located in 9
another county pursuant to an agreement described in subsection 10
2 of NRS 211.010, the county clerk shall coordinate with the 11
sheriff or person who administers the jail of the city, as applicable, 12
in the county where the prisoners are detained to establish a 13
polling place for those prisoners who are registered voters to vote 14
in person on the day of the election. 15
2. Except as otherwise provided in this section or by specific 16
statute, the provisions of this title relating to elections, including, 17
without limitation: 18
(a) Polling places apply to a polling place established pursuant 19
to this section. 20
(b) Voting in person on election day apply to a prisoner who is 21
a registered voter who applies to vote at a polling place established 22
pursuant to this section. 23
(c) Same day voter registration apply to a prisoner who is an 24
elector who applies to vote on election day at a polling place 25
established pursuant to this section. 26
3. Nothing in this section authorizes a person convicted of a 27
felony in the State who has not had his or her right to vote 28
restored pursuant to NRS 213.157 to vote or register to vote at a 29
polling place established pursuant to this section. 30
4. The Secretary of State shall adopt regulations to carry out 31
the provisions of this section. 32
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Sec. 2. NRS 293.274 is hereby amended to read as follows: 1
293.274 1. [The] Except as otherwise provided in this 2
subsection, the county clerk shall allow members of the general 3
public to observe the conduct of voting at a polling place. No 4
member of the general public may observe the conduct of voting at 5
a polling place established pursuant to section 1 of this act without 6
the approval of the sheriff of the county or the person who 7
administers the jail of the city, as applicable. 8
2. A member of the general public shall not photograph the 9
conduct of voting at a polling place or record the conduct of voting 10
on audiotape or any other means of sound or video reproduction. 11
3. For the purposes of this section, a member of the general 12
public does not include any person who: 13
(a) Gathers information for communication to the public; 14
(b) Is employed or engaged by or has contracted with a 15
newspaper, periodical, press association, or radio or television 16
station; and 17
(c) Is acting solely within his or her professional capacity. 18
Sec. 3. NRS 293.563 is hereby amended to read as follows: 19
293.563 1. During the interval between the closing of 20
registration and the election, the county clerk shall prepare for: 21
(a) Each polling place: 22
(1) A roster containing the registered voters eligible to vote 23
at the polling place; and 24
(2) A roster designated for electors who apply to register to 25
vote or apply to vote at the polling place pursuant to NRS 293.5772 26
to 293.5887, inclusive; and 27
(b) Each polling place established pursuant to NRS 293.3072 or 28
293C.3032 or section 1 or 4 of this act a roster containing the 29
registered voters eligible to vote in the county or city, respectively. 30
2. The rosters must be delivered or caused to be delivered by 31
the county or city clerk to an election board officer of the proper 32
polling place before the opening of the polls. 33
Sec. 4. Chapter 293C of NRS is hereby amended by adding 34
thereto a new section to read as follows: 35
1. Each city clerk and person who administers the jail of the 36
city shall coordinate to establish one polling place in the city jail 37
exclusively for prisoners in the jail who are registered voters in the 38
city to vote in person on the day of a primary city election or 39
general city election. 40
2. Except as otherwise provided in this section or by specific 41
statute, the provisions of this title relating to city elections, 42
including, without limitation: 43
(a) Polling places apply to a polling place established pursuant 44
to this section. 45
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(b) Voting in person on election day apply to a prisoner who is 1
a registered voter who applies to vote at a polling place established 2
pursuant to this section. 3
(c) Same day voter registration apply to a prisoner who is an 4
elector who applies to vote on election day at a polling place 5
established pursuant to this section. 6
3. Nothing in this section authorizes a person convicted of a 7
felony in the State who has not had his or her right to vote 8
restored pursuant to NRS 213.157 to vote or register to vote at a 9
polling place established pursuant to this section. 10
4. The Secretary of State shall adopt regulations to carry out 11
the provisions of this section. 12
Sec. 5. NRS 293C.269 is hereby amended to read as follows: 13
293C.269 1. [The] Except as otherwise provided in this 14
subsection, the city clerk shall allow members of the general public 15
to observe the conduct of voting at a polling place for a city 16
election. No member of the general public may observe the 17
conduct of voting at a polling place established pursuant to section 18
4 of this act without the approval of the person who administers 19
the city jail. 20
2. A member of the general public shall not photograph the 21
conduct of voting at a polling place for a city election or record the 22
conduct of voting on audiotape or any other means of sound or 23
video reproduction. 24
3. For the purposes of this section, a member of the general 25
public does not include any person who: 26
(a) Gathers information for communication to the public; 27
(b) Is employed or engaged by or has contracted with a 28
newspaper, periodical, press association, or radio or television 29
station; and 30
(c) Is acting solely within his or her professional capacity. 31
Sec. 6. The provisions of NRS 354.599 do not apply to any 32
additional expenses of a local government that are related to the 33
provisions of this act. 34
Sec. 7. 1. This section and section 6 of this act become 35
effective upon passage and approval. 36
2. Sections 1 to 5, inclusive, of this act become effective: 37
(a) Upon passage and approval for the purpose of adopting any 38
regulations and performing any other preparatory administrative 39
tasks that are necessary to carry out the provisions of this act; and 40
(b) On January 1, 2024, for all other purposes. 41
H