Nevada 2023 Regular Session

Nevada Senate Bill SB327 Compare Versions

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1+ EXEMPT
2+ (Reprinted with amendments adopted on June 3, 2023)
3+ THIRD REPRINT S.B. 327
14
5+- *SB 327 _R3 *
26
3-- 82nd Session (2023)
47 SENATE BILL NO. 327–SENATOR OHRENSCHALL
58
6-CHAPTER..........
9+MARCH 20, 2023
10+____________
11+
12+Referred to Committee on Legislative Operations and Elections
13+
14+SUMMARY—Revises provisions relating to elections.
15+(BDR 24-892)
16+
17+FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
18+ Effect on the State: Yes.
19+
20+CONTAINS UNFUNDED MANDATE (§§ 1-4)
21+(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
22+
23+~
24+
25+EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
26+
727
828 AN ACT relating to elections; revising provisions relating to the
929 establishment of a polling place, ballot drop box and
1030 temporary branch polling place for early voting within an
1131 Indian reservation or Indian colony for an election; and
1232 providing other matters properly relating thereto.
1333 Legislative Counsel’s Digest:
14- Existing law authorizes an Indian tribe to submit a request for the establishment
15-within the boundaries of an Indian reservation or Indian colony of: (1) a polling
16-place, a ballot drop box, or both, for the day of a primary election, presidential
17-preference primary election or general election; and (2) a temporary branch polling
18-place for early voting. A county clerk or city clerk is not required to establish a
19-polling place or ballot drop box if the county or city clerk establishes a temporary
20-branch polling place for early voting. (NRS 293.2733, 293.3572, 293C.2675,
21-293C.3572) Sections 1 and 3 of this bill require a county clerk and city clerk,
22-respectively, to establish a polling place and ballot drop box within the boundaries
23-of an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to
24-have the polling place and ballot drop box established by submitting notice to the
25-county clerk or city clerk; or (2) does not provide certain information relating to the
26-establishment of the polling place and ballot drop box. Sections 2 and 4 of this bill
27-require a county clerk and city clerk, respectively, to also establish a temporary
28-branch polling place for early voting and ballot drop box within the boundaries of
29-an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to have
30-the temporary branch polling place and ballot drop box established by submitting
31-notice to the county clerk or city clerk; or (2) does not provide certain information
32-relating to the establishment of the temporary branch polling place and ballot drop
33-box.
34- Sections 1 and 2 also authorize a county clerk to establish additional polling
35-places, ballot drop boxes and temporary branch polling places within the
36-boundaries of an Indian reservation or Indian colony upon the request of an Indian
37-tribe.
38- Sections 1-4 set forth the dates by which an Indian tribe must submit a request
39-to elect not to have a polling place, ballot drop box and temporary branch polling
40-place established.
34+ Existing law authorizes an Indian tribe to submit a request for the establishment 1
35+within the boundaries of an Indian reservation or Indian colony of: (1) a polling 2
36+place, a ballot drop box, or both, for the day of a primary election, presidential 3
37+preference primary election or general election; and (2) a temporary branch polling 4
38+place for early voting. A county clerk or city clerk is not required to establish a 5
39+polling place or ballot drop box if the county or city clerk establishes a temporary 6
40+branch polling place for early voting. (NRS 293.2733, 293.3572, 293C.2675, 7
41+293C.3572) Sections 1 and 3 of this bill require a county clerk and city clerk, 8
42+respectively, to establish a polling place and ballot drop box within the boundaries 9
43+of an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to 10
44+have the polling place and ballot drop box established by submitting notice to the 11
45+county clerk or city clerk; or (2) does not provide certain information relating to the 12
46+establishment of the polling place and ballot drop box. Sections 2 and 4 of this bill 13
47+require a county clerk and city clerk, respectively, to also establish a temporary 14
48+branch polling place for early voting and ballot drop box within the boundaries of 15
49+an Indian reservation or Indian colony unless an Indian tribe: (1) elects not to have 16
50+the temporary branch polling place and ballot drop box established by submitting 17
51+notice to the county clerk or city clerk; or (2) does not provide certain information 18
52+relating to the establishment of the temporary branch polling place and ballot drop 19
53+box. 20
54+ – 2 –
4155
42-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
56+
57+- *SB 327 _R3 *
58+ Sections 1 and 2 also authorize a county clerk to establish additional polling 21
59+places, ballot drop boxes and temporary branch polling places within the 22
60+boundaries of an Indian reservation or Indian colony upon the request of an Indian 23
61+tribe. 24
62+ Sections 1-4 set forth the dates by which an Indian tribe must submit a request 25
63+to elect not to have a polling place, ballot drop box and temporary branch polling 26
64+place established. 27
4365
4466
4567 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
4668 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
4769
48- Section 1. NRS 293.2733 is hereby amended to read as
49-follows:
50- 293.2733 1. If an Indian reservation or Indian colony is
51-located in whole or in part within a county, [the Indian tribe may
52-submit a request to] the county clerk [for the establishment] :
53- – 2 –
54-
55-
56-- 82nd Session (2023)
57- (a) Shall, except as otherwise provided in subsections 2 and 5,
58-establish within the boundaries of the Indian reservation or Indian
59-colony at a location approved by the Indian tribe for the day of a
60-primary election, presidential preference primary election or general
61-election [of:
62- (a) A polling place;
63- (b) A ballot drop box; or
64- (c) Both] a polling place and a ballot drop box [.] ; and
65- (b) May establish additional polling places or ballot drop
66-boxes, or both, within the boundaries of the Indian reservation or
67-Indian colony for the day of a primary election, presidential
68-preference primary election or general election upon the request
69-of an Indian tribe submitted not later than the dates set forth in
70-subsection 2 to elect not to have a polling place and ballot drop
71-box established within the boundaries of the Indian reservation or
72-Indian colony.
73- 2. [A request for the establishment of] An Indian tribe may
74-elect not to have a polling place [, a] and ballot drop box [or both a
75-polling place and a ballot drop box] established within the
76-boundaries of an Indian reservation or Indian colony for the day of a
77-primary election, presidential preference primary election or general
78-election [:
79- (a) Must be submitted] by submitting notice to the county clerk
80-[by the Indian tribe] on or before:
81- [(1)] (a) If the [request] notice is for a primary election,
82-[March 1] January 15 of the year in which the primary election is to
83-be held.
84- [(2)] (b) If the [request] notice is for a presidential
85-preference primary election, [the first Friday in November]
86-September 15 of the year immediately preceding the year of the
87-presidential preference primary election.
88- [(3)] (c) If the [request] notice is for a general election,
89-[August 1] June 15 of the year in which the general election is to be
90-held.
91- [(b) May include one or more proposed locations within the
92-boundaries of the Indian reservation or Indian colony for the polling
93-place or ballot drop box.]
94- 3. Any [proposed] location of a polling place or ballot drop
95-box established pursuant to subsection 1 must satisfy the criteria
96-the county clerk uses for the establishment of any other polling
97-place [or] and ballot drop box, as applicable.
98- [3. Except as otherwise provided in this subsection, if the
99-county clerk receives a request that satisfies the requirements set
70+ Section 1. NRS 293.2733 is hereby amended to read as 1
71+follows: 2
72+ 293.2733 1. If an Indian reservation or Indian colony is 3
73+located in whole or in part within a county, [the Indian tribe may 4
74+submit a request to] the county clerk [for the establishment] : 5
75+ (a) Shall, except as otherwise provided in subsections 2 and 5, 6
76+establish within the boundaries of the Indian reservation or Indian 7
77+colony at a location approved by the Indian tribe for the day of a 8
78+primary election, presidential preference primary election or general 9
79+election [of: 10
80+ (a) A polling place; 11
81+ (b) A ballot drop box; or 12
82+ (c) Both] a polling place and a ballot drop box [.] ; and 13
83+ (b) May establish additional polling places or ballot drop 14
84+boxes, or both, within the boundaries of the Indian reservation or 15
85+Indian colony for the day of a primary election, presidential 16
86+preference primary election or general election upon the request 17
87+of an Indian tribe submitted not later than the dates set forth in 18
88+subsection 2 to elect not to have a polling place and ballot drop 19
89+box established within the boundaries of the Indian reservation or 20
90+Indian colony. 21
91+ 2. [A request for the establishment of] An Indian tribe may 22
92+elect not to have a polling place [, a] and ballot drop box [or both a 23
93+polling place and a ballot drop box] established within the 24
94+boundaries of an Indian reservation or Indian colony for the day of a 25
95+primary election, presidential preference primary election or general 26
96+election [: 27
97+ (a) Must be submitted] by submitting notice to the county clerk 28
98+[by the Indian tribe] on or before: 29
99+ [(1)] (a) If the [request] notice is for a primary election, 30
100+[March 1] January 15 of the year in which the primary election is to 31
101+be held. 32
102+ [(2)] (b) If the [request] notice is for a presidential 33
103+preference primary election, [the first Friday in November] 34
100104 – 3 –
101105
102106
103-- 82nd Session (2023)
104-forth in subsection 2, the county clerk must establish at least one
105-polling place or ballot box, as applicable, within the boundaries of
106-the Indian reservation or Indian colony at a location or locations, as
107-applicable, approved by the Indian tribe for the day of a primary
108-election, presidential preference primary election or general
109-election. The county clerk is not required to establish a polling place
110-within the boundaries of an Indian reservation or Indian colony for
111-the day of a primary election, presidential preference primary
112-election or general election if the county clerk established a
113-temporary branch polling place for early voting pursuant to NRS
114-293.3572 within the boundaries of the Indian reservation or Indian
115-colony for the same election.]
116- 4. [If the county clerk establishes one or more polling places or
117-ballot drop boxes within the boundaries of an Indian reservation or
118-Indian colony pursuant to subsection 3 for the day of a primary
119-election, presidential preference primary election or general
120-election, the] Except as otherwise provided in subsection 5, the
121-county clerk must continue to establish one [or more] polling
122-[places or] place and ballot drop [boxes] box within the boundaries
123-of the Indian reservation or Indian colony at a location [or locations]
124-approved by the Indian tribe for the day of any future primary
125-election, presidential preference primary election or general election
126-unless otherwise [requested] notified by the Indian tribe [.]
127-pursuant to subsection 2.
128- 5. Not later than the dates set forth in subsection 2 to elect
129-not to have a polling place and ballot drop box established within
130-the boundaries of the Indian reservation or Indian colony, an
131-Indian tribe that elects to have a polling place and ballot drop box
132-established must submit to the county clerk and the tribal liaison
133-designated by the Office of the Secretary of State pursuant to
134-NRS 233A.260:
135- (a) The location for the polling place and ballot drop box and
136-whether the location will have only a polling place or ballot drop
137-box or both a polling place and ballot drop box;
138- (b) Whether the Indian tribe will select registered voters to be
139-appointed to act as election board officers to staff the polling place
140-within the boundaries of the Indian reservation or Indian colony;
141-and
142- (c) The proposed days and hours for the operation of the
143-polling place.
144- If an Indian tribe does not submit the information required
145-pursuant to this subsection, the Indian tribe shall be deemed to
146-have elected not to have a polling place and ballot drop box
107+- *SB 327 _R3 *
108+September 15 of the year immediately preceding the year of the 1
109+presidential preference primary election. 2
110+ [(3)] (c) If the [request] notice is for a general election, 3
111+[August 1] June 15 of the year in which the general election is to be 4
112+held. 5
113+ [(b) May include one or more proposed locations within the 6
114+boundaries of the Indian reservation or Indian colony for the polling 7
115+place or ballot drop box.] 8
116+ 3. Any [proposed] location of a polling place or ballot drop 9
117+box established pursuant to subsection 1 must satisfy the criteria 10
118+the county clerk uses for the establishment of any other polling 11
119+place [or] and ballot drop box, as applicable. 12
120+ [3. Except as otherwise provided in this subsection, if the 13
121+county clerk receives a request that satisfies the requirements set 14
122+forth in subsection 2, the county clerk must establish at least one 15
123+polling place or ballot box, as applicable, within the boundaries of 16
124+the Indian reservation or Indian colony at a location or locations, as 17
125+applicable, approved by the Indian tribe for the day of a primary 18
126+election, presidential preference primary election or general 19
127+election. The county clerk is not required to establish a polling place 20
128+within the boundaries of an Indian reservation or Indian colony for 21
129+the day of a primary election, presidential preference primary 22
130+election or general election if the county clerk established a 23
131+temporary branch polling place for early voting pursuant to NRS 24
132+293.3572 within the boundaries of the Indian reservation or Indian 25
133+colony for the same election.] 26
134+ 4. [If the county clerk establishes one or more polling places or 27
135+ballot drop boxes within the boundaries of an Indian reservation or 28
136+Indian colony pursuant to subsection 3 for the day of a primary 29
137+election, presidential preference primary election or general 30
138+election, the] Except as otherwise provided in subsection 5, the 31
139+county clerk must continue to establish one [or more] polling 32
140+[places or] place and ballot drop [boxes] box within the boundaries 33
141+of the Indian reservation or Indian colony at a location [or locations] 34
142+approved by the Indian tribe for the day of any future primary 35
143+election, presidential preference primary election or general election 36
144+unless otherwise [requested] notified by the Indian tribe [.] 37
145+pursuant to subsection 2. 38
146+ 5. Not later than the dates set forth in subsection 2 to elect 39
147+not to have a polling place and ballot drop box established within 40
148+the boundaries of the Indian reservation or Indian colony, an 41
149+Indian tribe that elects to have a polling place and ballot drop box 42
150+established must submit to the county clerk and the tribal liaison 43
151+designated by the Office of the Secretary of State pursuant to 44
152+NRS 233A.260: 45
147153 – 4 –
148154
149155
150-- 82nd Session (2023)
151-established within the boundaries of the Indian reservation or
152-Indian colony.
153- Sec. 2. NRS 293.3572 is hereby amended to read as follows:
154- 293.3572 1. In addition to permanent polling places for early
155-voting, [except as otherwise provided in subsection 4,] the county
156-clerk may establish temporary branch polling places for early voting
157-which may include, without limitation, the clerk’s office pursuant to
158-NRS 293.3561.
159- 2. If an Indian reservation or Indian colony is located in whole
160-or in part within a county, the [Indian tribe may submit a request to
161-the] county clerk [for the establishment of] :
162- (a) Shall, except as otherwise provided in subsections 3 and 6,
163-establish a temporary branch polling place for early voting and a
164-ballot drop box at a location approved by the Indian tribe within
165-the boundaries of the Indian reservation or Indian colony [.] ; and
166- (b) May establish additional temporary branch polling places
167-for early voting or ballot drop boxes, or both, within the
168-boundaries of the Indian reservation or Indian colony upon the
169-request of an Indian tribe submitted not later than the dates set
170-forth in subsection 3 to elect not to have a polling place and ballot
171-drop box established within the boundaries of the Indian
172-reservation or Indian colony.
173- 3. [A request for the establishment of] An Indian tribe may
174-elect not to have a temporary branch polling place for early voting
175-and ballot drop box established within the boundaries of the Indian
176-reservation or Indian colony [:
177- (a) Must be submitted] by submitting notice to the county clerk
178-[by the Indian tribe] on or before:
179- [(1)] (a) If the [request] notice is for a primary election,
180-[March 1] January 15 of the year in which the general election is to
181-be held.
182- [(2)] (b) If the [request] notice is for a presidential
183-preference primary election, [the first Friday in November]
184-September 15 of the year immediately preceding the year of the
185-presidential preference primary election.
186- [(3)] (c) If the [request] notice is for a general election,
187-[August 1] June 15 of the year in which the general election is to be
188-held.
189- [(b) May include one or more proposed locations within the
190-boundaries of the Indian reservation or Indian colony for the
191-temporary branch polling place and proposed hours of operation
192-thereof.]
156+- *SB 327 _R3 *
157+ (a) The location for the polling place and ballot drop box and 1
158+whether the location will have only a polling place or ballot drop 2
159+box or both a polling place and ballot drop box; 3
160+ (b) Whether the Indian tribe will select registered voters to be 4
161+appointed to act as election board officers to staff the polling place 5
162+within the boundaries of the Indian reservation or Indian colony; 6
163+and 7
164+ (c) The proposed days and hours for the operation of the 8
165+polling place. 9
166+ If an Indian tribe does not submit the information required 10
167+pursuant to this subsection, the Indian tribe shall be deemed to 11
168+have elected not to have a polling place and ballot drop box 12
169+established within the boundaries of the Indian reservation or 13
170+Indian colony. 14
171+ Sec. 2. NRS 293.3572 is hereby amended to read as follows: 15
172+ 293.3572 1. In addition to permanent polling places for early 16
173+voting, [except as otherwise provided in subsection 4,] the county 17
174+clerk may establish temporary branch polling places for early voting 18
175+which may include, without limitation, the clerk’s office pursuant to 19
176+NRS 293.3561. 20
177+ 2. If an Indian reservation or Indian colony is located in whole 21
178+or in part within a county, the [Indian tribe may submit a request to 22
179+the] county clerk [for the establishment of] : 23
180+ (a) Shall, except as otherwise provided in subsections 3 and 6, 24
181+establish a temporary branch polling place for early voting and a 25
182+ballot drop box at a location approved by the Indian tribe within 26
183+the boundaries of the Indian reservation or Indian colony [.] ; and 27
184+ (b) May establish additional temporary branch polling places 28
185+for early voting or ballot drop boxes, or both, within the 29
186+boundaries of the Indian reservation or Indian colony upon the 30
187+request of an Indian tribe submitted not later than the dates set 31
188+forth in subsection 3 to elect not to have a polling place and ballot 32
189+drop box established within the boundaries of the Indian 33
190+reservation or Indian colony. 34
191+ 3. [A request for the establishment of] An Indian tribe may 35
192+elect not to have a temporary branch polling place for early voting 36
193+and ballot drop box established within the boundaries of the Indian 37
194+reservation or Indian colony [: 38
195+ (a) Must be submitted] by submitting notice to the county clerk 39
196+[by the Indian tribe] on or before: 40
197+ [(1)] (a) If the [request] notice is for a primary election, 41
198+[March 1] January 15 of the year in which the general election is to 42
199+be held. 43
200+ [(2)] (b) If the [request] notice is for a presidential 44
201+preference primary election, [the first Friday in November] 45
193202 – 5 –
194203
195204
196-- 82nd Session (2023)
197- 4. Any [proposed] location of a temporary branch polling
198-place for early voting or ballot drop box established pursuant to
199-subsection 2 must satisfy the criteria established by the county clerk
200-for the selection of temporary branch polling places and ballot drop
201-boxes pursuant to NRS 293.3561.
202- [4. Except as otherwise provided in this subsection, if the
203-county clerk receives a request that satisfies the requirements set
204-forth in subsection 3, the county clerk must establish at least one
205-temporary branch polling place for early voting within the
206-boundaries of the Indian reservation or Indian colony. The location
207-and hours of operation of such a temporary branch polling place for
208-early voting must be approved by the Indian tribe. The county clerk
209-is not required to establish a temporary branch polling place within
210-the boundaries of the Indian reservation or Indian colony if the
211-county clerk determines that it is not logistically feasible to establish
212-a temporary branch polling place within the boundaries of the Indian
213-reservation or Indian colony.]
214- 5. [If the county clerk establishes one or more temporary
215-branch polling places within the boundaries of an Indian reservation
216-or Indian colony pursuant to subsection 4 for early voting, the]
217-Except as otherwise provided in subsection 6, the county clerk
218-must continue to establish one [or more] temporary branch polling
219-[places] place and ballot drop box within the boundaries of the
220-Indian reservation or Indian colony at a location [or locations]
221-approved by the Indian tribe for early voting in future elections
222-unless otherwise [requested] notified by the Indian tribe [.]
223-pursuant to subsection 3.
224- 6. Not later than the dates set forth in subsection 3 to elect
225-not to have a polling place and ballot drop box established within
226-the boundaries of the Indian reservation or Indian colony, an
227-Indian tribe that elects to have a temporary branch polling place
228-and ballot drop box established must submit to the county clerk
229-and the tribal liaison designated by the Office of the Secretary of
230-State pursuant to NRS 233A.260:
231- (a) The location for the temporary branch polling place and
232-ballot drop box and whether the location will have only a
233-temporary branch polling place or ballot drop box or both a
234-temporary branch polling place and ballot drop box;
235- (b) Whether the Indian tribe will select registered voters to be
236-appointed to act as election board officers to staff the temporary
237-branch polling place within the boundaries of the Indian
238-reservation or Indian colony; and
205+- *SB 327 _R3 *
206+September 15 of the year immediately preceding the year of the 1
207+presidential preference primary election. 2
208+ [(3)] (c) If the [request] notice is for a general election, 3
209+[August 1] June 15 of the year in which the general election is to be 4
210+held. 5
211+ [(b) May include one or more proposed locations within the 6
212+boundaries of the Indian reservation or Indian colony for the 7
213+temporary branch polling place and proposed hours of operation 8
214+thereof.] 9
215+ 4. Any [proposed] location of a temporary branch polling 10
216+place for early voting or ballot drop box established pursuant to 11
217+subsection 2 must satisfy the criteria established by the county clerk 12
218+for the selection of temporary branch polling places and ballot drop 13
219+boxes pursuant to NRS 293.3561. 14
220+ [4. Except as otherwise provided in this subsection, if the 15
221+county clerk receives a request that satisfies the requirements set 16
222+forth in subsection 3, the county clerk must establish at least one 17
223+temporary branch polling place for early voting within the 18
224+boundaries of the Indian reservation or Indian colony. The location 19
225+and hours of operation of such a temporary branch polling place for 20
226+early voting must be approved by the Indian tribe. The county clerk 21
227+is not required to establish a temporary branch polling place within 22
228+the boundaries of the Indian reservation or Indian colony if the 23
229+county clerk determines that it is not logistically feasible to establish 24
230+a temporary branch polling place within the boundaries of the Indian 25
231+reservation or Indian colony.] 26
232+ 5. [If the county clerk establishes one or more temporary 27
233+branch polling places within the boundaries of an Indian reservation 28
234+or Indian colony pursuant to subsection 4 for early voting, the] 29
235+Except as otherwise provided in subsection 6, the county clerk 30
236+must continue to establish one [or more] temporary branch polling 31
237+[places] place and ballot drop box within the boundaries of the 32
238+Indian reservation or Indian colony at a location [or locations] 33
239+approved by the Indian tribe for early voting in future elections 34
240+unless otherwise [requested] notified by the Indian tribe [.] 35
241+pursuant to subsection 3. 36
242+ 6. Not later than the dates set forth in subsection 3 to elect 37
243+not to have a polling place and ballot drop box established within 38
244+the boundaries of the Indian reservation or Indian colony, an 39
245+Indian tribe that elects to have a temporary branch polling place 40
246+and ballot drop box established must submit to the county clerk 41
247+and the tribal liaison designated by the Office of the Secretary of 42
248+State pursuant to NRS 233A.260: 43
249+ (a) The location for the temporary branch polling place and 44
250+ballot drop box and whether the location will have only a 45
239251 – 6 –
240252
241253
242-- 82nd Session (2023)
243- (c) The proposed days and hours for the operation of the
244-temporary branch polling place.
245- If an Indian tribe does not submit the information required
246-pursuant to this subsection, the Indian tribe shall be deemed to
247-have elected not to have a temporary branch polling place and
248-ballot drop box established within the boundaries of the Indian
249-reservation or Indian colony.
250- 7. The provisions of subsection 3 of NRS 293.3568 do not
251-apply to a temporary branch polling place. Voting at a temporary
252-branch polling place may be conducted on any one or more days and
253-during any hours within the period for early voting by personal
254-appearance, as determined by the county clerk.
255- [7.] 8. The schedules for conducting voting are not required to
256-be uniform among the temporary branch polling places.
257- [8.] 9. The legal rights and remedies which inure to the owner
258-or lessor of private property are not impaired or otherwise affected
259-by the leasing of the property for use as a temporary branch polling
260-place for early voting, except to the extent necessary to conduct
261-early voting at that location.
262- Sec. 3. NRS 293C.2675 is hereby amended to read as follows:
263- 293C.2675 1. If an Indian reservation or Indian colony is
264-located in whole or in part within a city, the [Indian tribe may
265-submit a request to the] city clerk [for the establishment] shall,
266-except as otherwise provided in subsections 2 and 5, establish
267-within the boundaries of the Indian reservation or Indian colony at a
268-location approved by the Indian tribe for the day of a primary city
269-election or general city election [of:
270- (a) A polling place;
271- (b) A ballot drop box; or
272- (c) Both] a polling place and a ballot drop box.
273- 2. [A request for the establishment of] An Indian tribe may
274-elect not to have a polling place [, a] and ballot drop box [or both a
275-polling place and a ballot drop box] established within the
276-boundaries of an Indian reservation or Indian colony for the day of a
277-primary city election or general city election [:
278- (a) Must be submitted] by submitting notice to the city clerk [by
279-the Indian tribe] on or before:
280- [(1)] (a) If the [request] notice is for a primary city election,
281-[March 1] January 15 of the year in which the primary city election
282-is to be held.
283- [(2)] (b) If the [request] notice is for a general city election,
284-[August 1] June 15 of the year in which the general city election is
285-to be held.
254+- *SB 327 _R3 *
255+temporary branch polling place or ballot drop box or both a 1
256+temporary branch polling place and ballot drop box; 2
257+ (b) Whether the Indian tribe will select registered voters to be 3
258+appointed to act as election board officers to staff the temporary 4
259+branch polling place within the boundaries of the Indian 5
260+reservation or Indian colony; and 6
261+ (c) The proposed days and hours for the operation of the 7
262+temporary branch polling place. 8
263+ If an Indian tribe does not submit the information required 9
264+pursuant to this subsection, the Indian tribe shall be deemed to 10
265+have elected not to have a temporary branch polling place and 11
266+ballot drop box established within the boundaries of the Indian 12
267+reservation or Indian colony. 13
268+ 7. The provisions of subsection 3 of NRS 293.3568 do not 14
269+apply to a temporary branch polling place. Voting at a temporary 15
270+branch polling place may be conducted on any one or more days and 16
271+during any hours within the period for early voting by personal 17
272+appearance, as determined by the county clerk. 18
273+ [7.] 8. The schedules for conducting voting are not required to 19
274+be uniform among the temporary branch polling places. 20
275+ [8.] 9. The legal rights and remedies which inure to the owner 21
276+or lessor of private property are not impaired or otherwise affected 22
277+by the leasing of the property for use as a temporary branch polling 23
278+place for early voting, except to the extent necessary to conduct 24
279+early voting at that location. 25
280+ Sec. 3. NRS 293C.2675 is hereby amended to read as follows: 26
281+ 293C.2675 1. If an Indian reservation or Indian colony is 27
282+located in whole or in part within a city, the [Indian tribe may 28
283+submit a request to the] city clerk [for the establishment] shall, 29
284+except as otherwise provided in subsections 2 and 5, establish 30
285+within the boundaries of the Indian reservation or Indian colony at a 31
286+location approved by the Indian tribe for the day of a primary city 32
287+election or general city election [of: 33
288+ (a) A polling place; 34
289+ (b) A ballot drop box; or 35
290+ (c) Both] a polling place and a ballot drop box. 36
291+ 2. [A request for the establishment of] An Indian tribe may 37
292+elect not to have a polling place [, a] and ballot drop box [or both a 38
293+polling place and a ballot drop box] established within the 39
294+boundaries of an Indian reservation or Indian colony for the day of a 40
295+primary city election or general city election [: 41
296+ (a) Must be submitted] by submitting notice to the city clerk [by 42
297+the Indian tribe] on or before: 43
286298 – 7 –
287299
288300
289-- 82nd Session (2023)
290- [(b) May include one or more proposed locations within the
291-boundaries of the Indian reservation or Indian colony for the polling
292-place or ballot drop box.]
293- 3. Any [proposed] location [for] of a polling place [or] and
294-ballot drop box established pursuant to subsection 1 must satisfy
295-the criteria the city clerk uses for the establishment of any other
296-polling place [or] and ballot drop box, as applicable.
297- [3. Except as otherwise provided in this subsection, if the city
298-clerk receives a request that satisfies the requirements set forth in
299-subsection 2, the city clerk must establish at least one polling place
300-or ballot drop box within the boundaries of the Indian reservation or
301-Indian colony at a location or locations, as applicable, approved by
302-the Indian tribe for the day of a primary city election or general city
303-election. The city clerk is not required to establish a polling place
304-within the boundaries of the Indian reservation or Indian colony for
305-the day of a primary city election or general city election if the city
306-clerk established a temporary branch polling place for early voting
307-pursuant to NRS 293C.3572 within the boundaries of the Indian
308-reservation or Indian colony for the same election.]
309- 4. [If the city clerk establishes one or more polling places or
310-ballot drop boxes within the boundaries of an Indian reservation or
311-Indian colony pursuant to subsection 3 for the day of a primary city
312-election or general city election, the] Except as otherwise provided
313-in subsection 5, the city clerk must continue to establish one [or
314-more] polling [places or] place and ballot drop [boxes] box within
315-the boundaries of the Indian reservation or Indian colony at a
316-location [or locations] approved by the Indian tribe for the day of
317-any future primary city election or general city election unless
318-otherwise [requested] notified by the Indian tribe [.] pursuant to
319-subsection 2.
320- 5. Not later than the dates set forth in subsection 2 to elect
321-not to have a polling place and ballot drop box established within
322-the boundaries of the Indian reservation or Indian colony, an
323-Indian tribe that elects to have a polling place and ballot drop box
324-established must submit to the city clerk and the tribal liaison
325-designated by the Office of the Secretary of State pursuant to
326-NRS 233A.260:
327- (a) The location for the polling place and ballot drop box and
328-whether the location will have only a polling place or ballot drop
329-box or both a polling place and ballot drop box;
330- (b) Whether the Indian tribe will select registered voters to be
331-appointed to act as election board officers to staff the polling place
301+- *SB 327 _R3 *
302+ [(1)] (a) If the [request] notice is for a primary city election, 1
303+[March 1] January 15 of the year in which the primary city election 2
304+is to be held. 3
305+ [(2)] (b) If the [request] notice is for a general city election, 4
306+[August 1] June 15 of the year in which the general city election is 5
307+to be held. 6
308+ [(b) May include one or more proposed locations within the 7
309+boundaries of the Indian reservation or Indian colony for the polling 8
310+place or ballot drop box.] 9
311+ 3. Any [proposed] location [for] of a polling place [or] and 10
312+ballot drop box established pursuant to subsection 1 must satisfy 11
313+the criteria the city clerk uses for the establishment of any other 12
314+polling place [or] and ballot drop box, as applicable. 13
315+ [3. Except as otherwise provided in this subsection, if the city 14
316+clerk receives a request that satisfies the requirements set forth in 15
317+subsection 2, the city clerk must establish at least one polling place 16
318+or ballot drop box within the boundaries of the Indian reservation or 17
319+Indian colony at a location or locations, as applicable, approved by 18
320+the Indian tribe for the day of a primary city election or general city 19
321+election. The city clerk is not required to establish a polling place 20
322+within the boundaries of the Indian reservation or Indian colony for 21
323+the day of a primary city election or general city election if the city 22
324+clerk established a temporary branch polling place for early voting 23
325+pursuant to NRS 293C.3572 within the boundaries of the Indian 24
326+reservation or Indian colony for the same election.] 25
327+ 4. [If the city clerk establishes one or more polling places or 26
328+ballot drop boxes within the boundaries of an Indian reservation or 27
329+Indian colony pursuant to subsection 3 for the day of a primary city 28
330+election or general city election, the] Except as otherwise provided 29
331+in subsection 5, the city clerk must continue to establish one [or 30
332+more] polling [places or] place and ballot drop [boxes] box within 31
333+the boundaries of the Indian reservation or Indian colony at a 32
334+location [or locations] approved by the Indian tribe for the day of 33
335+any future primary city election or general city election unless 34
336+otherwise [requested] notified by the Indian tribe [.] pursuant to 35
337+subsection 2. 36
338+ 5. Not later than the dates set forth in subsection 2 to elect 37
339+not to have a polling place and ballot drop box established within 38
340+the boundaries of the Indian reservation or Indian colony, an 39
341+Indian tribe that elects to have a polling place and ballot drop box 40
342+established must submit to the city clerk and the tribal liaison 41
343+designated by the Office of the Secretary of State pursuant to 42
344+NRS 233A.260: 43
332345 – 8 –
333346
334347
335-- 82nd Session (2023)
336-within the boundaries of the Indian reservation or Indian colony;
337-and
338- (c) The proposed days and hours for the operation of the
339-polling place.
340- If an Indian tribe does not submit the information required
341-pursuant to this subsection, the Indian tribe shall be deemed to
342-have elected not to have a polling place and ballot drop box
343-established within the boundaries of the Indian reservation or
344-Indian colony.
345- Sec. 4. NRS 293C.3572 is hereby amended to read as follows:
346- 293C.3572 1. In addition to permanent polling places for
347-early voting, [except as otherwise provided in subsection 4,] the city
348-clerk may establish temporary branch polling places for early voting
349-pursuant to NRS 293C.3561.
350- 2. If an Indian reservation or Indian colony is located in whole
351-or in part within a city, the [Indian tribe may submit a request to the]
352-city clerk [for the establishment of] shall, except as otherwise
353-provided in subsections 3 and 6, establish a temporary branch
354-polling place for early voting and a ballot drop box at a location
355-approved by the Indian tribe within the boundaries of the Indian
356-reservation or Indian colony.
357- 3. [A request for the establishment of] An Indian tribe may
358-elect not to have a temporary branch polling place for early voting
359-and ballot drop box established within the boundaries of an Indian
360-reservation or Indian colony [:
361- (a) Must be submitted] by submitting notice to the city clerk [by
362-the Indian tribe] on or before:
363- [(1)] (a) If the [request] notice is for a primary city election,
364-[March 1] January 15 of the year in which the primary city election
365-is to be held.
366- [(2)] (b) If the [request] notice is for a general city election,
367-[August 1] June 15 of the year in which the general city election is
368-to be held.
369- [(b) May include one or more proposed locations within the
370-boundaries of the Indian reservation or Indian colony for the
371-temporary branch polling place and proposed hours thereof.]
372- 4. Any [proposed] location of a temporary branch polling
373-place for early voting and ballot drop box established pursuant to
374-subsection 2 must satisfy the criteria established by the city clerk
375-pursuant to NRS 293C.3561.
376- [4. Except as otherwise provided in this subsection, if the city
377-clerk receives a request that satisfies the requirements set forth in
378-subsection 3, the city clerk must establish at least one temporary
348+- *SB 327 _R3 *
349+ (a) The location for the polling place and ballot drop box and 1
350+whether the location will have only a polling place or ballot drop 2
351+box or both a polling place and ballot drop box; 3
352+ (b) Whether the Indian tribe will select registered voters to be 4
353+appointed to act as election board officers to staff the polling place 5
354+within the boundaries of the Indian reservation or Indian colony; 6
355+and 7
356+ (c) The proposed days and hours for the operation of the 8
357+polling place. 9
358+ If an Indian tribe does not submit the information required 10
359+pursuant to this subsection, the Indian tribe shall be deemed to 11
360+have elected not to have a polling place and ballot drop box 12
361+established within the boundaries of the Indian reservation or 13
362+Indian colony. 14
363+ Sec. 4. NRS 293C.3572 is hereby amended to read as follows: 15
364+ 293C.3572 1. In addition to permanent polling places for 16
365+early voting, [except as otherwise provided in subsection 4,] the city 17
366+clerk may establish temporary branch polling places for early voting 18
367+pursuant to NRS 293C.3561. 19
368+ 2. If an Indian reservation or Indian colony is located in whole 20
369+or in part within a city, the [Indian tribe may submit a request to the] 21
370+city clerk [for the establishment of] shall, except as otherwise 22
371+provided in subsections 3 and 6, establish a temporary branch 23
372+polling place for early voting and a ballot drop box at a location 24
373+approved by the Indian tribe within the boundaries of the Indian 25
374+reservation or Indian colony. 26
375+ 3. [A request for the establishment of] An Indian tribe may 27
376+elect not to have a temporary branch polling place for early voting 28
377+and ballot drop box established within the boundaries of an Indian 29
378+reservation or Indian colony [: 30
379+ (a) Must be submitted] by submitting notice to the city clerk [by 31
380+the Indian tribe] on or before: 32
381+ [(1)] (a) If the [request] notice is for a primary city election, 33
382+[March 1] January 15 of the year in which the primary city election 34
383+is to be held. 35
384+ [(2)] (b) If the [request] notice is for a general city election, 36
385+[August 1] June 15 of the year in which the general city election is 37
386+to be held. 38
387+ [(b) May include one or more proposed locations within the 39
388+boundaries of the Indian reservation or Indian colony for the 40
389+temporary branch polling place and proposed hours thereof.] 41
390+ 4. Any [proposed] location of a temporary branch polling 42
391+place for early voting and ballot drop box established pursuant to 43
392+subsection 2 must satisfy the criteria established by the city clerk 44
393+pursuant to NRS 293C.3561. 45
379394 – 9 –
380395
381396
382-- 82nd Session (2023)
383-branch polling place for early voting within the boundaries of the
384-Indian reservation or Indian colony. The location and hours of
385-operation of such a temporary branch polling place for early voting
386-must be approved by the Indian tribe. The city clerk is not required
387-to establish a temporary branch polling place within the boundaries
388-of the Indian reservation or Indian colony if the city clerk
389-determines that it is not logistically feasible to establish a temporary
390-branch polling place within the boundaries of the Indian reservation
391-or Indian colony.]
392- 5. [If the city clerk establishes one or more temporary branch
393-polling places within the boundaries of an Indian reservation or
394-Indian colony pursuant to subsection 4 for early voting, the] Except
395-as otherwise provided in subsection 6, the city clerk must continue
396-to establish one [or more] temporary branch polling [places] place
397-and ballot drop box within the boundaries of the Indian reservation
398-or Indian colony at a location [or locations] approved by the Indian
399-tribe for early voting in future elections unless otherwise [requested]
400-notified by the Indian tribe [.] pursuant to subsection 3.
401- 6. Not later than the dates set forth in subsection 3 to elect
402-not to have a temporary branch polling place and ballot drop box
403-established within the boundaries of the Indian reservation or
404-Indian colony, an Indian tribe that elects to have a temporary
405-branch polling place and ballot drop box established must submit
406-to the city clerk and the tribal liaison designated by the Office of
407-the Secretary of State pursuant to NRS 233A.260:
408- (a) The location for the temporary branch polling place and
409-ballot drop box and whether the location will have only a
410-temporary branch polling place or ballot drop box or both a
411-temporary branch polling place and ballot drop box;
412- (b) Whether the Indian tribe will select registered voters to be
413-appointed to act as election board officers to staff the temporary
414-branch polling place within the boundaries of the Indian
415-reservation or Indian colony; and
416- (c) The proposed days and hours for the operation of the
417-temporary branch polling place.
418- If an Indian tribe does not submit the information required
419-pursuant to this subsection, the Indian tribe shall be deemed to
420-have elected not to have a temporary branch polling place and
421-ballot drop box established within the boundaries of the Indian
422-reservation or Indian colony.
423- 7. The provisions of subsection 3 of NRS 293C.3568 do not
424-apply to a temporary branch polling place. Voting at a temporary
425-branch polling place may be conducted on any one or more days and
397+- *SB 327 _R3 *
398+ [4. Except as otherwise provided in this subsection, if the city 1
399+clerk receives a request that satisfies the requirements set forth in 2
400+subsection 3, the city clerk must establish at least one temporary 3
401+branch polling place for early voting within the boundaries of the 4
402+Indian reservation or Indian colony. The location and hours of 5
403+operation of such a temporary branch polling place for early voting 6
404+must be approved by the Indian tribe. The city clerk is not required 7
405+to establish a temporary branch polling place within the boundaries 8
406+of the Indian reservation or Indian colony if the city clerk 9
407+determines that it is not logistically feasible to establish a temporary 10
408+branch polling place within the boundaries of the Indian reservation 11
409+or Indian colony.] 12
410+ 5. [If the city clerk establishes one or more temporary branch 13
411+polling places within the boundaries of an Indian reservation or 14
412+Indian colony pursuant to subsection 4 for early voting, the] Except 15
413+as otherwise provided in subsection 6, the city clerk must continue 16
414+to establish one [or more] temporary branch polling [places] place 17
415+and ballot drop box within the boundaries of the Indian reservation 18
416+or Indian colony at a location [or locations] approved by the Indian 19
417+tribe for early voting in future elections unless otherwise [requested] 20
418+notified by the Indian tribe [.] pursuant to subsection 3. 21
419+ 6. Not later than the dates set forth in subsection 3 to elect 22
420+not to have a temporary branch polling place and ballot drop box 23
421+established within the boundaries of the Indian reservation or 24
422+Indian colony, an Indian tribe that elects to have a temporary 25
423+branch polling place and ballot drop box established must submit 26
424+to the city clerk and the tribal liaison designated by the Office of 27
425+the Secretary of State pursuant to NRS 233A.260: 28
426+ (a) The location for the temporary branch polling place and 29
427+ballot drop box and whether the location will have only a 30
428+temporary branch polling place or ballot drop box or both a 31
429+temporary branch polling place and ballot drop box; 32
430+ (b) Whether the Indian tribe will select registered voters to be 33
431+appointed to act as election board officers to staff the temporary 34
432+branch polling place within the boundaries of the Indian 35
433+reservation or Indian colony; and 36
434+ (c) The proposed days and hours for the operation of the 37
435+temporary branch polling place. 38
436+ If an Indian tribe does not submit the information required 39
437+pursuant to this subsection, the Indian tribe shall be deemed to 40
438+have elected not to have a temporary branch polling place and 41
439+ballot drop box established within the boundaries of the Indian 42
440+reservation or Indian colony. 43
441+ 7. The provisions of subsection 3 of NRS 293C.3568 do not 44
442+apply to a temporary branch polling place. Voting at a temporary 45
426443 – 10 –
427444
428445
429-- 82nd Session (2023)
430-during any hours within the period for early voting by personal
431-appearance, as determined by the city clerk.
432- [7.] 8. The schedules for conducting voting are not required to
433-be uniform among the temporary branch polling places.
434- [8.] 9. The legal rights and remedies which inure to the owner
435-or lessor of private property are not impaired or otherwise affected
436-by the leasing of the property for use as a temporary branch polling
437-place for early voting, except to the extent necessary to conduct
438-early voting at that location.
439- Sec. 5. The provisions of NRS 354.599 do not apply to any
440-additional expenses of a local government that are related to the
441-provisions of this act.
446+- *SB 327 _R3 *
447+branch polling place may be conducted on any one or more days and 1
448+during any hours within the period for early voting by personal 2
449+appearance, as determined by the city clerk. 3
450+ [7.] 8. The schedules for conducting voting are not required to 4
451+be uniform among the temporary branch polling places. 5
452+ [8.] 9. The legal rights and remedies which inure to the owner 6
453+or lessor of private property are not impaired or otherwise affected 7
454+by the leasing of the property for use as a temporary branch polling 8
455+place for early voting, except to the extent necessary to conduct 9
456+early voting at that location. 10
457+ Sec. 5. The provisions of NRS 354.599 do not apply to any 11
458+additional expenses of a local government that are related to the 12
459+provisions of this act. 13
442460
443-20 ~~~~~ 23
444-
445-
446-
447-
461+H
448462