EXEMPT
(Reprinted with amendments adopted on June 3, 2023)
THIRD REPRINT S.B. 327
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SENATE BILL NO. 327–SENATOR OHRENSCHALL
MARCH 20, 2023
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-892)
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)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; revising provisions relating to the
establishment of a polling place, ballot drop box and
temporary branch polling place for early voting within an
Indian reservation or Indian colony for an election; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes an Indian tribe to submit a request for the establishment 1
within the boundaries of an Indian reservation or Indian colony of: (1) a polling 2
place, a ballot drop box, or both, for the day of a primary election, presidential 3
preference primary election or general election; and (2) a temporary branch polling 4
place for early voting. A county clerk or city clerk is not required to establish a 5
polling place or ballot drop box if the county or city clerk establishes a temporary 6
branch polling place for early voting. (NRS 293.2733, 293.3572, 293C.2675, 7
293C.3572) Sections 1 and 3 of this bill require a county clerk and city clerk, 8
respectively, to establish a polling place and ballot drop box within the boundaries 9
of an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to 10
have the polling place and ballot drop box established by submitting notice to the 11
county clerk or city clerk; or (2) does not provide certain information relating to the 12
establishment of the polling place and ballot drop box. Sections 2 and 4 of this bill 13
require a county clerk and city clerk, respectively, to also establish a temporary 14
branch polling place for early voting and ballot drop box within the boundaries of 15
an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to have 16
the temporary branch polling place and ballot drop box established by submitting 17
notice to the county clerk or city clerk; or (2) does not provide certain information 18
relating to the establishment of the temporary branch polling place and ballot drop 19
box. 20
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Sections 1 and 2 also authorize a county clerk to establish additional polling 21
places, ballot drop boxes and temporary branch polling places within the 22
boundaries of an Indian reservation or Indian colony upon the request of an Indian 23
tribe. 24
Sections 1-4 set forth the dates by which an Indian tribe must submit a request 25
to elect not to have a polling place, ballot drop box and temporary branch polling 26
place established. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.2733 is hereby amended to read as 1
follows: 2
293.2733 1. If an Indian reservation or Indian colony is 3
located in whole or in part within a county, [the Indian tribe may 4
submit a request to] the county clerk [for the establishment] : 5
(a) Shall, except as otherwise provided in subsections 2 and 5, 6
establish within the boundaries of the Indian reservation or Indian 7
colony at a location approved by the Indian tribe for the day of a 8
primary election, presidential preference primary election or general 9
election [of: 10
(a) A polling place; 11
(b) A ballot drop box; or 12
(c) Both] a polling place and a ballot drop box [.] ; and 13
(b) May establish additional polling places or ballot drop 14
boxes, or both, within the boundaries of the Indian reservation or 15
Indian colony for the day of a primary election, presidential 16
preference primary election or general election upon the request 17
of an Indian tribe submitted not later than the dates set forth in 18
subsection 2 to elect not to have a polling place and ballot drop 19
box established within the boundaries of the Indian reservation or 20
Indian colony. 21
2. [A request for the establishment of] An Indian tribe may 22
elect not to have a polling place [, a] and ballot drop box [or both a 23
polling place and a ballot drop box] established within the 24
boundaries of an Indian reservation or Indian colony for the day of a 25
primary election, presidential preference primary election or general 26
election [: 27
(a) Must be submitted] by submitting notice to the county clerk 28
[by the Indian tribe] on or before: 29
[(1)] (a) If the [request] notice is for a primary election, 30
[March 1] January 15 of the year in which the primary election is to 31
be held. 32
[(2)] (b) If the [request] notice is for a presidential 33
preference primary election, [the first Friday in November] 34
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September 15 of the year immediately preceding the year of the 1
presidential preference primary election. 2
[(3)] (c) If the [request] notice is for a general election, 3
[August 1] June 15 of the year in which the general election is to be 4
held. 5
[(b) May include one or more proposed locations within the 6
boundaries of the Indian reservation or Indian colony for the polling 7
place or ballot drop box.] 8
3. Any [proposed] location of a polling place or ballot drop 9
box established pursuant to subsection 1 must satisfy the criteria 10
the county clerk uses for the establishment of any other polling 11
place [or] and ballot drop box, as applicable. 12
[3. Except as otherwise provided in this subsection, if the 13
county clerk receives a request that satisfies the requirements set 14
forth in subsection 2, the county clerk must establish at least one 15
polling place or ballot box, as applicable, within the boundaries of 16
the Indian reservation or Indian colony at a location or locations, as 17
applicable, approved by the Indian tribe for the day of a primary 18
election, presidential preference primary election or general 19
election. The county clerk is not required to establish a polling place 20
within the boundaries of an Indian reservation or Indian colony for 21
the day of a primary election, presidential preference primary 22
election or general election if the county clerk established a 23
temporary branch polling place for early voting pursuant to NRS 24
293.3572 within the boundaries of the Indian reservation or Indian 25
colony for the same election.] 26
4. [If the county clerk establishes one or more polling places or 27
ballot drop boxes within the boundaries of an Indian reservation or 28
Indian colony pursuant to subsection 3 for the day of a primary 29
election, presidential preference primary election or general 30
election, the] Except as otherwise provided in subsection 5, the 31
county clerk must continue to establish one [or more] polling 32
[places or] place and ballot drop [boxes] box within the boundaries 33
of the Indian reservation or Indian colony at a location [or locations] 34
approved by the Indian tribe for the day of any future primary 35
election, presidential preference primary election or general election 36
unless otherwise [requested] notified by the Indian tribe [.] 37
pursuant to subsection 2. 38
5. Not later than the dates set forth in subsection 2 to elect 39
not to have a polling place and ballot drop box established within 40
the boundaries of the Indian reservation or Indian colony, an 41
Indian tribe that elects to have a polling place and ballot drop box 42
established must submit to the county clerk and the tribal liaison 43
designated by the Office of the Secretary of State pursuant to 44
NRS 233A.260: 45
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(a) The location for the polling place and ballot drop box and 1
whether the location will have only a polling place or ballot drop 2
box or both a polling place and ballot drop box; 3
(b) Whether the Indian tribe will select registered voters to be 4
appointed to act as election board officers to staff the polling place 5
within the boundaries of the Indian reservation or Indian colony; 6
and 7
(c) The proposed days and hours for the operation of the 8
polling place. 9
If an Indian tribe does not submit the information required 10
pursuant to this subsection, the Indian tribe shall be deemed to 11
have elected not to have a polling place and ballot drop box 12
established within the boundaries of the Indian reservation or 13
Indian colony. 14
Sec. 2. NRS 293.3572 is hereby amended to read as follows: 15
293.3572 1. In addition to permanent polling places for early 16
voting, [except as otherwise provided in subsection 4,] the county 17
clerk may establish temporary branch polling places for early voting 18
which may include, without limitation, the clerk’s office pursuant to 19
NRS 293.3561. 20
2. If an Indian reservation or Indian colony is located in whole 21
or in part within a county, the [Indian tribe may submit a request to 22
the] county clerk [for the establishment of] : 23
(a) Shall, except as otherwise provided in subsections 3 and 6, 24
establish a temporary branch polling place for early voting and a 25
ballot drop box at a location approved by the Indian tribe within 26
the boundaries of the Indian reservation or Indian colony [.] ; and 27
(b) May establish additional temporary branch polling places 28
for early voting or ballot drop boxes, or both, within the 29
boundaries of the Indian reservation or Indian colony upon the 30
request of an Indian tribe submitted not later than the dates set 31
forth in subsection 3 to elect not to have a polling place and ballot 32
drop box established within the boundaries of the Indian 33
reservation or Indian colony. 34
3. [A request for the establishment of] An Indian tribe may 35
elect not to have a temporary branch polling place for early voting 36
and ballot drop box established within the boundaries of the Indian 37
reservation or Indian colony [: 38
(a) Must be submitted] by submitting notice to the county clerk 39
[by the Indian tribe] on or before: 40
[(1)] (a) If the [request] notice is for a primary election, 41
[March 1] January 15 of the year in which the general election is to 42
be held. 43
[(2)] (b) If the [request] notice is for a presidential 44
preference primary election, [the first Friday in November] 45
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September 15 of the year immediately preceding the year of the 1
presidential preference primary election. 2
[(3)] (c) If the [request] notice is for a general election, 3
[August 1] June 15 of the year in which the general election is to be 4
held. 5
[(b) May include one or more proposed locations within the 6
boundaries of the Indian reservation or Indian colony for the 7
temporary branch polling place and proposed hours of operation 8
thereof.] 9
4. Any [proposed] location of a temporary branch polling 10
place for early voting or ballot drop box established pursuant to 11
subsection 2 must satisfy the criteria established by the county clerk 12
for the selection of temporary branch polling places and ballot drop 13
boxes pursuant to NRS 293.3561. 14
[4. Except as otherwise provided in this subsection, if the 15
county clerk receives a request that satisfies the requirements set 16
forth in subsection 3, the county clerk must establish at least one 17
temporary branch polling place for early voting within the 18
boundaries of the Indian reservation or Indian colony. The location 19
and hours of operation of such a temporary branch polling place for 20
early voting must be approved by the Indian tribe. The county clerk 21
is not required to establish a temporary branch polling place within 22
the boundaries of the Indian reservation or Indian colony if the 23
county clerk determines that it is not logistically feasible to establish 24
a temporary branch polling place within the boundaries of the Indian 25
reservation or Indian colony.] 26
5. [If the county clerk establishes one or more temporary 27
branch polling places within the boundaries of an Indian reservation 28
or Indian colony pursuant to subsection 4 for early voting, the] 29
Except as otherwise provided in subsection 6, the county clerk 30
must continue to establish one [or more] temporary branch polling 31
[places] place and ballot drop box within the boundaries of the 32
Indian reservation or Indian colony at a location [or locations] 33
approved by the Indian tribe for early voting in future elections 34
unless otherwise [requested] notified by the Indian tribe [.] 35
pursuant to subsection 3. 36
6. Not later than the dates set forth in subsection 3 to elect 37
not to have a polling place and ballot drop box established within 38
the boundaries of the Indian reservation or Indian colony, an 39
Indian tribe that elects to have a temporary branch polling place 40
and ballot drop box established must submit to the county clerk 41
and the tribal liaison designated by the Office of the Secretary of 42
State pursuant to NRS 233A.260: 43
(a) The location for the temporary branch polling place and 44
ballot drop box and whether the location will have only a 45
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temporary branch polling place or ballot drop box or both a 1
temporary branch polling place and ballot drop box; 2
(b) Whether the Indian tribe will select registered voters to be 3
appointed to act as election board officers to staff the temporary 4
branch polling place within the boundaries of the Indian 5
reservation or Indian colony; and 6
(c) The proposed days and hours for the operation of the 7
temporary branch polling place. 8
If an Indian tribe does not submit the information required 9
pursuant to this subsection, the Indian tribe shall be deemed to 10
have elected not to have a temporary branch polling place and 11
ballot drop box established within the boundaries of the Indian 12
reservation or Indian colony. 13
7. The provisions of subsection 3 of NRS 293.3568 do not 14
apply to a temporary branch polling place. Voting at a temporary 15
branch polling place may be conducted on any one or more days and 16
during any hours within the period for early voting by personal 17
appearance, as determined by the county clerk. 18
[7.] 8. The schedules for conducting voting are not required to 19
be uniform among the temporary branch polling places. 20
[8.] 9. The legal rights and remedies which inure to the owner 21
or lessor of private property are not impaired or otherwise affected 22
by the leasing of the property for use as a temporary branch polling 23
place for early voting, except to the extent necessary to conduct 24
early voting at that location. 25
Sec. 3. NRS 293C.2675 is hereby amended to read as follows: 26
293C.2675 1. If an Indian reservation or Indian colony is 27
located in whole or in part within a city, the [Indian tribe may 28
submit a request to the] city clerk [for the establishment] shall, 29
except as otherwise provided in subsections 2 and 5, establish 30
within the boundaries of the Indian reservation or Indian colony at a 31
location approved by the Indian tribe for the day of a primary city 32
election or general city election [of: 33
(a) A polling place; 34
(b) A ballot drop box; or 35
(c) Both] a polling place and a ballot drop box. 36
2. [A request for the establishment of] An Indian tribe may 37
elect not to have a polling place [, a] and ballot drop box [or both a 38
polling place and a ballot drop box] established within the 39
boundaries of an Indian reservation or Indian colony for the day of a 40
primary city election or general city election [: 41
(a) Must be submitted] by submitting notice to the city clerk [by 42
the Indian tribe] on or before: 43
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[(1)] (a) If the [request] notice is for a primary city election, 1
[March 1] January 15 of the year in which the primary city election 2
is to be held. 3
[(2)] (b) If the [request] notice is for a general city election, 4
[August 1] June 15 of the year in which the general city election is 5
to be held. 6
[(b) May include one or more proposed locations within the 7
boundaries of the Indian reservation or Indian colony for the polling 8
place or ballot drop box.] 9
3. Any [proposed] location [for] of a polling place [or] and 10
ballot drop box established pursuant to subsection 1 must satisfy 11
the criteria the city clerk uses for the establishment of any other 12
polling place [or] and ballot drop box, as applicable. 13
[3. Except as otherwise provided in this subsection, if the city 14
clerk receives a request that satisfies the requirements set forth in 15
subsection 2, the city clerk must establish at least one polling place 16
or ballot drop box within the boundaries of the Indian reservation or 17
Indian colony at a location or locations, as applicable, approved by 18
the Indian tribe for the day of a primary city election or general city 19
election. The city clerk is not required to establish a polling place 20
within the boundaries of the Indian reservation or Indian colony for 21
the day of a primary city election or general city election if the city 22
clerk established a temporary branch polling place for early voting 23
pursuant to NRS 293C.3572 within the boundaries of the Indian 24
reservation or Indian colony for the same election.] 25
4. [If the city clerk establishes one or more polling places or 26
ballot drop boxes within the boundaries of an Indian reservation or 27
Indian colony pursuant to subsection 3 for the day of a primary city 28
election or general city election, the] Except as otherwise provided 29
in subsection 5, the city clerk must continue to establish one [or 30
more] polling [places or] place and ballot drop [boxes] box within 31
the boundaries of the Indian reservation or Indian colony at a 32
location [or locations] approved by the Indian tribe for the day of 33
any future primary city election or general city election unless 34
otherwise [requested] notified by the Indian tribe [.] pursuant to 35
subsection 2. 36
5. Not later than the dates set forth in subsection 2 to elect 37
not to have a polling place and ballot drop box established within 38
the boundaries of the Indian reservation or Indian colony, an 39
Indian tribe that elects to have a polling place and ballot drop box 40
established must submit to the city clerk and the tribal liaison 41
designated by the Office of the Secretary of State pursuant to 42
NRS 233A.260: 43
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(a) The location for the polling place and ballot drop box and 1
whether the location will have only a polling place or ballot drop 2
box or both a polling place and ballot drop box; 3
(b) Whether the Indian tribe will select registered voters to be 4
appointed to act as election board officers to staff the polling place 5
within the boundaries of the Indian reservation or Indian colony; 6
and 7
(c) The proposed days and hours for the operation of the 8
polling place. 9
If an Indian tribe does not submit the information required 10
pursuant to this subsection, the Indian tribe shall be deemed to 11
have elected not to have a polling place and ballot drop box 12
established within the boundaries of the Indian reservation or 13
Indian colony. 14
Sec. 4. NRS 293C.3572 is hereby amended to read as follows: 15
293C.3572 1. In addition to permanent polling places for 16
early voting, [except as otherwise provided in subsection 4,] the city 17
clerk may establish temporary branch polling places for early voting 18
pursuant to NRS 293C.3561. 19
2. If an Indian reservation or Indian colony is located in whole 20
or in part within a city, the [Indian tribe may submit a request to the] 21
city clerk [for the establishment of] shall, except as otherwise 22
provided in subsections 3 and 6, establish a temporary branch 23
polling place for early voting and a ballot drop box at a location 24
approved by the Indian tribe within the boundaries of the Indian 25
reservation or Indian colony. 26
3. [A request for the establishment of] An Indian tribe may 27
elect not to have a temporary branch polling place for early voting 28
and ballot drop box established within the boundaries of an Indian 29
reservation or Indian colony [: 30
(a) Must be submitted] by submitting notice to the city clerk [by 31
the Indian tribe] on or before: 32
[(1)] (a) If the [request] notice is for a primary city election, 33
[March 1] January 15 of the year in which the primary city election 34
is to be held. 35
[(2)] (b) If the [request] notice is for a general city election, 36
[August 1] June 15 of the year in which the general city election is 37
to be held. 38
[(b) May include one or more proposed locations within the 39
boundaries of the Indian reservation or Indian colony for the 40
temporary branch polling place and proposed hours thereof.] 41
4. Any [proposed] location of a temporary branch polling 42
place for early voting and ballot drop box established pursuant to 43
subsection 2 must satisfy the criteria established by the city clerk 44
pursuant to NRS 293C.3561. 45
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[4. Except as otherwise provided in this subsection, if the city 1
clerk receives a request that satisfies the requirements set forth in 2
subsection 3, the city clerk must establish at least one temporary 3
branch polling place for early voting within the boundaries of the 4
Indian reservation or Indian colony. The location and hours of 5
operation of such a temporary branch polling place for early voting 6
must be approved by the Indian tribe. The city clerk is not required 7
to establish a temporary branch polling place within the boundaries 8
of the Indian reservation or Indian colony if the city clerk 9
determines that it is not logistically feasible to establish a temporary 10
branch polling place within the boundaries of the Indian reservation 11
or Indian colony.] 12
5. [If the city clerk establishes one or more temporary branch 13
polling places within the boundaries of an Indian reservation or 14
Indian colony pursuant to subsection 4 for early voting, the] Except 15
as otherwise provided in subsection 6, the city clerk must continue 16
to establish one [or more] temporary branch polling [places] place 17
and ballot drop box within the boundaries of the Indian reservation 18
or Indian colony at a location [or locations] approved by the Indian 19
tribe for early voting in future elections unless otherwise [requested] 20
notified by the Indian tribe [.] pursuant to subsection 3. 21
6. Not later than the dates set forth in subsection 3 to elect 22
not to have a temporary branch polling place and ballot drop box 23
established within the boundaries of the Indian reservation or 24
Indian colony, an Indian tribe that elects to have a temporary 25
branch polling place and ballot drop box established must submit 26
to the city clerk and the tribal liaison designated by the Office of 27
the Secretary of State pursuant to NRS 233A.260: 28
(a) The location for the temporary branch polling place and 29
ballot drop box and whether the location will have only a 30
temporary branch polling place or ballot drop box or both a 31
temporary branch polling place and ballot drop box; 32
(b) Whether the Indian tribe will select registered voters to be 33
appointed to act as election board officers to staff the temporary 34
branch polling place within the boundaries of the Indian 35
reservation or Indian colony; and 36
(c) The proposed days and hours for the operation of the 37
temporary branch polling place. 38
If an Indian tribe does not submit the information required 39
pursuant to this subsection, the Indian tribe shall be deemed to 40
have elected not to have a temporary branch polling place and 41
ballot drop box established within the boundaries of the Indian 42
reservation or Indian colony. 43
7. The provisions of subsection 3 of NRS 293C.3568 do not 44
apply to a temporary branch polling place. Voting at a temporary 45
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branch polling place may be conducted on any one or more days and 1
during any hours within the period for early voting by personal 2
appearance, as determined by the city clerk. 3
[7.] 8. The schedules for conducting voting are not required to 4
be uniform among the temporary branch polling places. 5
[8.] 9. The legal rights and remedies which inure to the owner 6
or lessor of private property are not impaired or otherwise affected 7
by the leasing of the property for use as a temporary branch polling 8
place for early voting, except to the extent necessary to conduct 9
early voting at that location. 10
Sec. 5. The provisions of NRS 354.599 do not apply to any 11
additional expenses of a local government that are related to the 12
provisions of this act. 13
H