Nevada 2023 Regular Session

Nevada Senate Bill SB404 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 404–Committee on
5	5	Legislative Operations and Elections
6	6
7	7	CHAPTER..........
8	8
9	9	AN ACT relating to elections; revising provisions relating to the
10	10	challenge of a person applying to vote; authorizing a county
11	11	or city clerk to order that the count of returns for early voting
12	12	begin on or after the first day of early voting; and providing
13	13	other matters properly relating thereto.
14	14	Legislative Counsel’s Digest:
15	15	Existing law authorizes: (1) a person applying to vote to be challenged orally
16	16	by any registered voter upon certain grounds; and (2) a person who is challenged to
17	17	cast a ballot under certain circumstances. If a challenge is based on residency, the
18	18	challenged person can be issued a ballot if he or she: (1) executes a certain oath or
19	19	affirmation; and (2) furnishes satisfactory identification which contains proof of the
20	20	address at which the person actually resides. (NRS 293.303, 293C.292)
21	21	Sections 5 and 27 of this bill set forth what constitutes “satisfactory
22	22	identification” for purposes of a challenged voter providing proof of residency.
23	23	Sections 5 and 27 further provide that the provisions of existing law relating to
24	24	challenging a voter do not authorize any person to challenge the ability of a
25	25	registered voter to vote by mail ballot.
26	26	Existing law requires the appropriate board to count in public the returns for
27	27	early voting after 8 a.m. on election day. (NRS 293.3606, 293C.3606) Sections 8
28	28	and 28 of this bill provide instead that on or after the first day of early voting, the
29	29	county or city clerk, respectively, may order the appropriate board to begin
30	30	the counting of the returns for early voting, but, in any case, the counting of the
31	31	returns for early voting must begin not later than 8 a.m. on election day.
32	32
33	33	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
34	34
35	35
36	36	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
37	37	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
38	38
39	39	Sections 1-4. (Deleted by amendment.)
40	40	Sec. 5. NRS 293.303 is hereby amended to read as follows:
41	41	293.303 1. A person applying to vote may be challenged:
42	42	(a) Orally by any registered voter of the precinct upon the
43	43	ground that he or she is not the person entitled to vote as claimed or
44	44	has voted before at the same election. A registered voter who
45	45	initiates a challenge pursuant to this paragraph must submit an
46	46	affirmation that is signed under penalty of perjury and in the form
47	47	prescribed by the Secretary of State stating that the challenge is
48	48	based on the personal knowledge of the registered voter.
49	49	(b) On any ground set forth in a challenge filed with the county
50	50	clerk pursuant to the provisions of NRS 293.547.
51	51	– 2 –
52	52
53	53
54	54	- 82nd Session (2023)
55	55	2. If a person is challenged, an election board officer shall
56	56	tender the challenged person the following oath or affirmation:
57	57	(a) If the challenge is on the ground that the challenged person
58	58	does not belong to the political party designated upon the roster, “I
59	59	swear or affirm under penalty of perjury that I belong to the political
60	60	party designated upon the roster”;
61	61	(b) If the challenge is on the ground that the roster does not
62	62	show that the challenged person designated the political party to
63	63	which he or she claims to belong, “I swear or affirm under penalty
64	64	of perjury that I designated on the application to register to vote the
65	65	political party to which I claim to belong”;
66	66	(c) If the challenge is on the ground that the challenged person
67	67	does not reside at the residence for which the address is listed in the
68	68	roster, “I swear or affirm under penalty of perjury that I reside at the
69	69	residence for which the address is listed in the roster”;
70	70	(d) If the challenge is on the ground that the challenged person
71	71	previously voted a ballot for the election, “I swear or affirm under
72	72	penalty of perjury that I have not voted for any of the candidates or
73	73	questions included on this ballot for this election”; or
74	74	(e) If the challenge is on the ground that the challenged person is
75	75	not the person he or she claims to be, “I swear or affirm under
76	76	penalty of perjury that I am the person whose name is in this roster.”
77	77	 The oath or affirmation must be set forth on a form prepared by
78	78	the Secretary of State and signed by the challenged person under
79	79	penalty of perjury.
80	80	3. Except as otherwise provided in subsection 4, if the
81	81	challenged person refuses to execute the oath or affirmation so
82	82	tendered, the person must not be issued a ballot, and the election
83	83	board officer shall indicate in the roster “Challenged” by the
84	84	person’s name.
85	85	4. If the challenged person refuses to execute the oath or
86	86	affirmation set forth in paragraph (a) or (b) of subsection 2, the
87	87	election board officers shall issue the person a nonpartisan ballot.
88	88	5. If the challenged person refuses to execute the oath or
89	89	affirmation set forth in paragraph (c) of subsection 2, the election
90	90	board officers shall inform the person that he or she is entitled to
91	91	vote only in the manner prescribed in NRS 293.304.
92	92	6. If the challenged person executes the oath or affirmation and
93	93	the challenge is not based on the ground set forth in paragraph (e) of
94	94	subsection 2, the election board officers shall issue the person a
95	95	partisan ballot.
96	96	7. If the challenge is based on the ground set forth in paragraph
97	97	(c) of subsection 2, and the challenged person executes the oath or
98	98	– 3 –
99	99
100	100
101	101	- 82nd Session (2023)
102	102	affirmation, the election board shall not issue the person a ballot
103	103	until he or she furnishes satisfactory identification which contains
104	104	proof of the address at which the person actually resides. For the
105	105	purposes of this subsection, [a voter registration card does not
106	106	provide proof of the address at which a person resides.]
107	107	“satisfactory identification” includes, without limitation, any of
108	108	the following that includes the current residential address of the
109	109	person:
110	110	(a) A current and valid driver’s license or identification card
111	111	issued by the Department of Motor Vehicles;
112	112	(b) A military identification card;
113	113	(c) A tribal identification card;
114	114	(d) A utility bill;
115	115	(e) A bank or credit union statement;
116	116	(f) A paycheck;
117	117	(g) An income tax return;
118	118	(h) A statement concerning the mortgage, rental or lease of a
119	119	residence;
120	120	(i) A motor vehicle registration;
121	121	(j) A property tax statement; or
122	122	(k) Any other document issued by a governmental agency.
123	123	8. If the challenge is based on the ground set forth in paragraph
124	124	(e) of subsection 2 and the challenged person executes the oath or
125	125	affirmation, the election board shall not issue the person a ballot
126	126	unless the person:
127	127	(a) Furnishes official identification which contains a photograph
128	128	of the person, such as a driver’s license or other official document;
129	129	or
130	130	(b) Brings before the election board officers a person who is at
131	131	least 18 years of age who:
132	132	(1) Furnishes official identification which contains a
133	133	photograph of that person, such as a driver’s license or other official
134	134	document; and
135	135	(2) Executes an oath or affirmation under penalty of perjury
136	136	that the challenged person is who he or she swears to be.
137	137	9. The election board officers shall:
138	138	(a) Record on the challenge list:
139	139	(1) The name of the challenged person;
140	140	(2) The name of the registered voter who initiated the
141	141	challenge; and
142	142	(3) The result of the challenge; and
143	143	(b) If possible, orally notify the registered voter who initiated
144	144	the challenge of the result of the challenge.
145	145	– 4 –
146	146
147	147
148	148	- 82nd Session (2023)
149	149	10. The provisions of this section do not authorize any person
150	150	to challenge the ability of a registered voter to vote by mail ballot.
151	151	Secs. 6 and 7. (Deleted by amendment.)
152	152	Sec. 8. NRS 293.3606 is hereby amended to read as follows:
153	153	293.3606 1. [After 8 a.m. on election] On or after the first
154	154	day [,] of early voting, the county clerk may order the appropriate
155	155	board [shall] to begin the count [in public] of the returns for early
156	156	voting [.] , but, in any case, the count of the returns for early
157	157	voting must begin not later than 8 a.m. on election day.
158	158	2. The returns for early voting must not be reported until after
159	159	the polls have closed on election day.
160	160	3. The returns for early voting must be reported separately
161	161	from the regular votes of the precinct, unless reporting the returns
162	162	separately would violate the secrecy of the voter’s ballot.
163	163	4. The county clerk shall develop a procedure to ensure that
164	164	each ballot is kept secret.
165	165	5. Any person who disseminates to the public information
166	166	relating to the count of returns for early voting before the polls close
167	167	is guilty of a gross misdemeanor.
168	168	Secs. 9-26. (Deleted by amendment.)
169	169	Sec. 27. NRS 293C.292 is hereby amended to read as follows:
170	170	293C.292 1. A person applying to vote may be challenged:
171	171	(a) Orally by any registered voter of the precinct or district upon
172	172	the ground that he or she is not the person entitled to vote as claimed
173	173	or has voted before at the same election; or
174	174	(b) On any ground set forth in a challenge filed with the county
175	175	clerk pursuant to the provisions of NRS 293.547.
176	176	2. If a person is challenged, an election board officer shall
177	177	tender the challenged person the following oath or affirmation:
178	178	(a) If the challenge is on the ground that the challenged person
179	179	does not reside at the residence for which the address is listed in the
180	180	roster, “I swear or affirm under penalty of perjury that I reside at the
181	181	residence for which the address is listed in the roster”;
182	182	(b) If the challenge is on the ground that the challenged person
183	183	previously voted a ballot for the election, “I swear or affirm under
184	184	penalty of perjury that I have not voted for any of the candidates or
185	185	questions included on this ballot for this election”; or
186	186	(c) If the challenge is on the ground that the challenged person is
187	187	not the person he or she claims to be, “I swear or affirm under
188	188	penalty of perjury that I am the person whose name is in this roster.”
189	189	 The oath or affirmation must be set forth on a form prepared by
190	190	the Secretary of State and signed by the challenged person under
191	191	penalty of perjury.
192	192	– 5 –
193	193
194	194
195	195	- 82nd Session (2023)
196	196	3. If the challenged person refuses to execute the oath or
197	197	affirmation so tendered, the person must not be issued a ballot, and
198	198	the election board officer shall indicate in the roster “Challenged”
199	199	by the person’s name.
200	200	4. If the challenged person refuses to execute the oath or
201	201	affirmation set forth in paragraph (a) of subsection 2, the election
202	202	board officers shall inform the person that he or she is entitled to
203	203	vote only in the manner prescribed in NRS 293C.295.
204	204	5. If the challenged person executes the oath or affirmation and
205	205	the challenge is not based on the ground set forth in paragraph (c) of
206	206	subsection 2, the election board officers shall issue him or her a
207	207	ballot.
208	208	6. If the challenge is based on the ground set forth in paragraph
209	209	(a) of subsection 2, and the challenged person executes the oath or
210	210	affirmation, the election board shall not issue the person a ballot
211	211	until he or she furnishes satisfactory identification that contains
212	212	proof of the address at which the person actually resides. For the
213	213	purposes of this subsection, [a voter registration card does not
214	214	provide proof of the address at which a person resides.]
215	215	“satisfactory identification” includes, without limitation, any of
216	216	the following that includes the current residential address of the
217	217	person:
218	218	(a) A current and valid driver’s license or identification card
219	219	issued by the Department of Motor Vehicles;
220	220	(b) A military identification card;
221	221	(c) A tribal identification card;
222	222	(d) A utility bill;
223	223	(e) A bank or credit union statement;
224	224	(f) A paycheck;
225	225	(g) An income tax return;
226	226	(h) A statement concerning the mortgage, rental or lease of a
227	227	residence;
228	228	(i) A motor vehicle registration;
229	229	(j) A property tax statement; or
230	230	(k) Any other document issued by a governmental agency.
231	231	7. If the challenge is based on the ground set forth in paragraph
232	232	(c) of subsection 2 and the challenged person executes the oath or
233	233	affirmation, the election board shall not issue the person a ballot
234	234	unless the person:
235	235	(a) Furnishes official identification which contains a photograph
236	236	of the person, such as a driver’s license or other official document;
237	237	or
238	238	– 6 –
239	239
240	240
241	241	- 82nd Session (2023)
242	242	(b) Brings before the election board officers a person who is at
243	243	least 18 years of age who:
244	244	(1) Furnishes official identification which contains a
245	245	photograph of the person, such as a driver’s license or other official
246	246	document; and
247	247	(2) Executes an oath or affirmation under penalty of perjury
248	248	that the challenged person is who he or she swears to be.
249	249	8. The election board officers shall:
250	250	(a) Record on the challenge list:
251	251	(1) The name of the challenged person;
252	252	(2) The name of the registered voter who initiated the
253	253	challenge; and
254	254	(3) The result of the challenge; and
255	255	(b) If possible, orally notify the registered voter who initiated
256	256	the challenge of the result of the challenge.
257	257	9. The provisions of this section do not authorize any person
258	258	to challenge the ability of a registered voter to vote by mail ballot.
259	259	Sec. 28. NRS 293C.3606 is hereby amended to read as
260	260	follows:
261	261	293C.3606 1. [After 8 a.m. on election] On or after the first
262	262	day [,] of early voting, the city clerk may order the appropriate
263	263	board [shall] to begin the count [in public] of the returns for early
264	264	voting [.] , but, in any case, the count of the returns for early
265	265	voting must begin not later than 8 a.m. on election day.
266	266	2. The returns for early voting must not be reported until after
267	267	the polls have closed on election day.
268	268	3. The returns for early voting may be reported separately from
269	269	the regular votes of the precinct, unless reporting the returns
270	270	separately would violate the secrecy of the voter’s ballot.
271	271	4. The city clerk shall develop a procedure to ensure that each
272	272	ballot is kept secret.
273	273	5. Any person who disseminates to the public information
274	274	relating to the count of returns for early voting before the polls close
275	275	is guilty of a gross misdemeanor.
276	276	Secs. 29-70. (Deleted by amendment.)
277	277	Sec. 71. 1. This section becomes effective upon passage and
278	278	approval.
279	279	2. Sections 1 to 70, inclusive, of this act become effective:
280	280	(a) Upon passage and approval for the purpose of adopting any
281	281	regulations and performing any other preparatory administrative
282	282	tasks that are necessary to carry out the provisions of this act; and
283	283	(b) On January 1, 2024, for all other purposes.
284	284
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